Western Australia
Machinery of Government (Miscellaneous Amendments) Act 2006
Western Australia
Machinery of Government (Miscellaneous Amendments) Act 2006
CONTENTS
Part 1 — Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 2
4. Regulations — power to amend certain statutory rules 2
5. Regulations — general 2
Part 2 — Agriculture and Forestry
Division 1 — Agricultural Produce Commission Act 1988
6. The Act amended 4
7. Section 7 amended 4
Division 2 — Agriculture and Related Resources Protection Act 1976
8. The Act amended 4
9. Section 65 amended 4
10. Section 94 amended 5
Division 3 — Cattle Industry Compensation Act 1965
11. The Act amended 5
12. Section 21 amended 5
Division 4 — Forest Products Act 2000
13. The Act amended 5
14. Section 3 amended 6
15. Section 6 amended 6
16. Section 10 amended 6
17. Section 42 amended 7
18. Section 57 amended 7
19. Section 59 amended 7
20. Various references to Executive Director changed to CALM Act CEO 7
Division 5 — Marketing of Potatoes Act 1946
21. The Act amended 8
22. Section 22B amended 8
Division 6 — Plant Pests and Diseases (Eradication Funds) Act 1974
23. The Act amended 8
24. Sections 5 and 8A amended 9
Division 7 — Soil and Land Conservation Act 1945
25. The Act amended 9
26. Section 4 amended 9
27. Section 25C amended 9
Division 8 — Tree Plantation Agreements Act 2003
28. The Act amended 9
29. Section 4 amended 10
Part 3 — Attorney General, and Justice
Division 1 — Bail Act 1982
30. The Act amended 11
31. Section 3 amended 11
32. Section 66A amended 12
33. Various references to CEO (Justice) changed to CEO 12
Division 2 — Evidence Act 1906
34. The Act amended 12
35. Section 61 amended 13
36. Section 106A amended 13
37. The Fifth Schedule amended 13
Division 3 — Juries Act 1957
38. The Act amended 14
39. Second Schedule amended 14
Division 4 — Professional Standards Act 1997
40. The Act amended 15
41. Section 16 amended 15
Division 5 — Spent Convictions Act 1988
42. The Act amended 15
43. Schedule 3 amended 15
Division 6 — Statutory Corporations (Liability of Directors) Act 1996
44. The Act amended 16
45. Schedule 1 amended 16
Division 7 — Suitors’ Fund Act 1964
46. The Act amended 16
47. Section 4 amended 16
Part 4 — Consumer and Employment Protection
Division 1 — Associations Incorporation Act 1987
48. The Act amended 18
49. Section 3 amended 18
50. Sections 39A to 39E inserted 19
39A. Commissioner 19
39B. Delegation by Commissioner 19
39C. Information officially obtained to be confidential20
39D. Protection from liability for wrongdoing 20
39E. Judicial notice 21
Division 2 — Builders’ Registration Act 1939
51. The Act amended 21
52. Section 4A amended 21
53. Section 37 amended 22
Division 3 — Business Names Act 1962
54. The Act amended 22
55. Section 4 amended 22
56. Section 4AA inserted 23
4AA. Commissioner 23
57. Sections 31A to 31D inserted 23
31A. Delegation by Commissioner 23
31B. Information officially obtained to be confidential24
31C. Protection from liability for wrongdoing 25
31D. Application of certain provisions of the Consumer Affairs Act 1971 25
Division 4 — Chattel Securities Act 1987
58. The Act amended 25
59. Section 3 amended 26
60. Section 3A inserted 26
3A. Commissioner 26
61. Heading to Part IV inserted 27
Part IV — Miscellaneous
62. Sections 30A to 30D inserted 27
30A. Delegation by Commissioner 27
30B. Information officially obtained to be confidential27
30C. Protection from liability for wrongdoing 28
30D. Application of certain provisions of the Consumer Affairs Act 1971 29
Division 5 — Companies (Co‑operative) Act 1943
63. The Act amended 29
64. Section 3 amended 29
65. Division 1A inserted 30
Division 1A — Administration
3A. Registrar 30
3B. Delegation by Registrar 30
3C. Information officially obtained to be confidential31
3D. Protection from liability for wrongdoing 32
3E. Judicial notice 32
66. Section 391 repealed and consequential amendments 32
Division 6 — Competition Policy Reform (Western Australia) Act 1996
67. The Act amended 32
68. Section 45 amended 33
69. Division 5 inserted 33
Division 5 — Commissioner
58. Commissioner 33
59. Delegation by Commissioner 33
60. Information officially obtained to be confidential34
61. Protection from liability for wrongdoing 35
62. Judicial notice 35
Division 7 — Consumer Affairs Act 1971
70. The Act amended 35
71. Long title amended 36
72. Section 4 amended 36
73. Section 5 amended 36
74. Heading to Part III replaced 36
Part III — Administrative provisions
75. Sections 15 to 17 replaced 36
15. Commissioner 37
16. Functions of the Commissioner 37
17. Power of Commissioner to publish warnings about unsatisfactory or dangerous goods and services etc.39
76. Section 23 replaced 40
23. Delegation by Commissioner 40
77. Section 24 replaced 41
24. Information officially obtained to be confidential41
78. Section 25 amended 42
Division 8 — Co‑operative and Provident Societies Act 1903
79. The Act amended 42
80. Section 2 amended 43
81. Sections 67 to 71 inserted 43
67. Registrar 43
68. Delegation by Registrar 44
69. Information officially obtained to be confidential44
70. Protection from liability for wrongdoing 45
71. Judicial notice 45
Division 9 — Credit Act 1984
82. The Act amended 46
83. Section 5 amended 46
Division 10 — Credit (Administration) Act 1984
84. The Act amended 46
85. Section 4 amended 47
86. Section 10 amended 47
87. Section 53 replaced 47
53. Commissioner 47
53A. Delegation by Commissioner 48
53B. Judicial notice 49
88. Section 54 amended 49
89. Section 56 amended 49
90. Section 56A inserted 51
56A. Protection from liability for wrongdoing 51
Division 11 — Employment Agents Act 1976
91. The Act amended 52
92. Section 4 amended 52
93. Section 9A inserted 53
9A. Commissioner 53
94. Section 48 replaced 53
48. Information officially obtained to be confidential53
48A. Delegation by Commissioner 54
95. Section 49A inserted 55
49A. Judicial notice 55
Division 12 — Fair Trading Act 1987
96. The Act amended 55
97. Section 5 amended 55
98. Section 73 amended 56
99. Section 75 amended 56
Division 13 — Hire‑Purchase Act 1959
100. The Act amended 56
101. Section 2 amended 56
102. Section 23W replaced 57
23A. Commissioner 57
23B. Delegation by Commissioner 57
103. Section 36C replaced 58
36C. Application of certain provisions of the Consumer Affairs Act 1971 58
Division 14 — Limited Partnerships Act 1909
104. The Act amended 58
105. Section 15 replaced 59
15. Registrar of limited partnerships 59
Division 15 — Motor Vehicle Dealers Act 1973
106. The Act amended 59
107. Section 5 amended 60
108. Section 5AA inserted 60
5AA. Commissioner 60
109. Section 6 amended 61
Division 16 — Motor Vehicle Repairers Act 2003
110. The Act amended 61
111. Section 3 amended 62
112. Section 7 replaced 62
7. Commissioner’s powers 62
Division 17 — Petroleum Products Pricing Act 1983
113. The Act amended 62
114. Section 3 amended 63
115. Section 5 replaced 63
5. Commissioner 63
116. Section 7 amended 64
117. Section 23 amended 64
118. Section 24 amended 65
119. Section 26 amended 65
120. Section 27A amended 65
121. Section 27B amended 65
122. Section 28 amended 66
123. Section 29 amended 66
124. Section 31 amended 66
125. Section 31H amended 66
126. Sections 32A to 32C inserted 67
32A. Delegation by Commissioner 67
32B. Protection from liability for wrongdoing 67
32C. Judicial notice 68
127. Section 33 amended 68
Division 18 — Petroleum Retailers Rights and Liabilities Act 1982
128. The Act amended 69
129. Section 3 amended 69
Division 19 — Real Estate and Business Agents Act 1978
130. The Act amended 70
131. Sections 131H and 131K amended 70
Division 20 — Residential Tenancies Act 1987
132. The Act amended 70
133. Section 3 amended 70
134. Section 7A inserted 71
7A. Commissioner 71
135. Section 8 amended 71
136. Sections 11A and 11B inserted 72
11A. Information officially obtained to be confidential72
11B. Application of certain provisions of the Consumer Affairs Act 1971 73
137. Schedule 1 amended 73
Division 21 — Retirement Villages Act 1992
138. The Act amended 73
139. Section 3 amended 73
140. Section 7A inserted 74
7A. Commissioner 74
141. Section 8 amended 74
142. Sections 11A and 11B inserted 75
11A. Information officially obtained to be confidential75
11B. Application of certain provisions of the Consumer Affairs Act 1971 76
143. Sections 57 and 58 amended 76
144. Section 78 repealed 76
Division 22 — Travel Agents Act 1985
145. The Act amended 76
146. Section 3 amended 77
147. Section 49A inserted 77
49A. Commissioner 77
148. Section 50 amended 78
149. Section 50A inserted 78
50A. Protection from liability for wrongdoing 78
150. Section 52 amended 78
Division 23 — Transitional provisions
151. Commissioner for Fair Trading 79
152. Commissioner for Corporate Affairs and Registrar of Co‑operative and Financial Institutions82
153. Consumer Affairs Act 1971 82
154. Petroleum Products Pricing Act 1983 82
155. Interpretation 82
Part 5 — Disability Services, and Sport and Recreation
Division 1 — Disability Services Act 1993
156. The Act amended 84
157. Section 15 amended 84
158. Section 30 amended 84
Division 2 — Professional Combat Sports Act 1987
159. The Act amended 84
160. Section 12 amended 85
Division 3 — Western Australian Sports Centre Trust Act 1986
161. The Act amended 85
162. Section 15 amended 85
Part 6 — Energy
Division 1 — Electricity Act 1945
163. The Act amended 86
164. Section 5 amended 86
165. Section 32 amended 87
Division 2 — Energy Coordination Act 1994
166. The Act amended 87
167. Section 3 amended 87
168. Part 1A inserted 89
Part 1A — Coordinator of Energy
4. Coordinator of Energy 89
4A. Coordinator’s functions 89
4B. Staff for the Coordinator 90
4C. Delegation by the Coordinator 90
4D. Minister may give directions to the Coordinator91
4E. Minister to have access to information from Coordinator 91
169. Heading to Part 2 amended 92
170. Sections 4 and 6 repealed 92
171. Section 8 amended 93
172. Section 9 amended 93
173. Section 10 amended 93
174. Section 11 amended 93
175. Section 11ZK amended 93
176. Section 12 amended 93
177. Section 13 amended 94
178. Section 19 amended 94
179. Heading to Part 4 replaced and heading to Division 1 inserted 94
Part 4 — Information
Division 1 — Obtaining information — Coordinator
180. Heading to Division 2 inserted 94
Division 2 — Confidentiality — Coordinator and Director
181. Various references to Coordinator in Schedule 3 changed to Minister 95
Part 7 — Environment
Division 1 — Conservation and Land Management Act 1984
182. The Act amended 96
183. Section 3 amended 96
184. Section 15 amended 97
185. Section 16A amended 97
186. Section 17 amended 97
187. Section 17A amended 97
188. Section 22 amended 97
189. Section 23 amended 98
190. Section 26D amended 98
191. Headings to Part IV and Division 1 replaced 98
Part IV — Administration
Division 1 — Functions and powers
192. Section 32 repealed 99
193. Section 33 amended 99
194. Section 34 repealed 99
195. Section 34A amended 99
196. Section 34B amended 100
197. Part IV Division 2 replaced 100
Division 2 — The Conservation and Land Management Executive Body
36. The Conservation and Land Management Executive Body 100
37. Purpose and nature of the Executive Body 100
38. Execution of documents by the Executive Body101
198. Section 42 repealed 102
199. Section 49 amended 102
200. Section 50 amended 102
201. Section 64 amended 103
202. Section 65 amended 103
203. Section 71 amended 103
204. Section 72 amended 103
205. Section 75 amended 103
206. Section 133 amended 103
207. Section 142 amended 104
208. Various references to Department changed to CEO 104
209. Various references to Executive Director changed to CEO104
Division 2 — Environmental Protection Act 1986
210. The Act amended 106
211. Section 110H amended 106
Division 3 — Litter Act 1979
212. The Act amended 106
213. Section 9 amended 107
214. Sections 15 and 16 amended 107
215. Section 26 amended 107
216. Third Schedule amended 108
Division 4 — Sandalwood Act 1929
217. The Act amended 109
218. Section 3 amended 109
Division 5 — Wildlife Conservation Act 1950
219. The Act amended 109
220. Section 6 amended 109
221. Various references to Executive Director changed to CEO110
Division 6 — Zoological Parks Authority Act 2001
222. The Act amended 110
223. Section 33 amended 110
Division 7 — Transitional provisions
224. Conservation and Land Management Act 1984 111
Part 8 — Fisheries
Division 1 — Fisheries Adjustment Schemes Act 1987
225. The Act amended 113
226. Section 5 amended 113
227. Section 10 amended 113
228. Various references to Executive Director changed to CEO113
Division 2 — Fishing and Related Industries Compensation (Marine Reserves) Act 1997
229. The Act amended 114
230. Section 5 amended 114
Division 3 — Fish Resources Management Act 1994
231. The Act amended 114
232. Section 4 amended 115
233. Section 10 repealed 115
234. Section 238 amended 115
235. Sections 239, 241 and 242 amended 115
236. Various references to Executive Director changed to CEO115
Division 4 — Pearling Act 1990
237. The Act amended 117
238. Section 3 amended 117
239. Section 35 amended 118
240. Section 62A inserted 118
62A. Delegation by CEO 118
241. Various references to Executive Director changed to CEO119
Division 5 — Transitional provisions
242. References to the Executive Director 119
Part 9 — Health
Division 1 — Dental Prosthetists Act 1985
243. The Act amended 121
244. Section 3 amended 121
245. Section 5 amended 121
246. Sections 19A and 30A amended 122
247. Various references to Commissioner changed to CEO 122
Division 2 — Health Act 1911
248. The Act amended 122
249. Section 3 amended 123
250. Heading to Part II Division 1 amended 123
251. Various references to Commissioner changed to CEO 123
Division 3 — Health Legislation Administration Act 1984
252. The Act amended 124
253. Section 3 amended 124
254. Section 6 amended 124
255. Section 9 amended 124
Division 4 — Health Services (Conciliation and Review) Act 1995
256. The Act amended 125
257. Section 3 amended 125
258. Section 13 amended 126
259. Section 25 amended 126
Division 5 — Hospital Fund Act 1930
260. The Act amended 126
261. Section 3 amended 126
Division 6 — Hospitals and Health Services Act 1927
262. The Act amended 126
263. Section 2 amended 127
264. Various references to Commissioner changed to CEO 127
Division 7 — Human Reproductive Technology Act 1991
265. The Act amended 128
266. Section 3 amended 128
267. Section 13 amended 129
268. Section 37 amended 129
269. Sections 53ZC and 53ZI amended 129
270. Various references to Commissioner of Health changed to CEO 129
Division 8 — Medical Act 1894
271. The Act amended 131
272. Section 4 amended 131
Division 9 — Mental Health Act 1996
273. The Act amended 131
274. Section 3 amended 132
275. Various references to Commissioner changed to CEO 132
Division 10 — Nurses Act 1992
276. The Act amended 132
277. Section 4 amended 133
278. Section 9 amended 133
Division 11 — Poisons Act 1964
279. The Act amended 133
280. Section 5 amended 134
281. Section 55E amended 134
282. Various references to Commissioner of Health changed to CEO 134
Division 12 — Tobacco Control Act 1990
283. The Act amended 135
284. Section 4 amended 135
285. Section 17 amended 136
286. Section 19 amended 136
287. Section 26 amended 136
288. Section 29 amended 136
Division 13 — Transitional provisions
289. Commissioner of Health 136
Part 10 — Housing and Works, and Heritage
Division 1 — Country Housing Act 1998
290. The Act amended 138
291. Section 9A inserted 138
9A. Authority to be an SES organisation 138
292. Section 11 amended 138
293. Section 13 amended 138
294. Section 15 amended 139
Division 2 — Government Employees’ Housing Act 1964
295. The Act amended 139
296. Long title amended 140
297. Section 4 amended 140
298. Section 5 amended 140
299. Section 6 repealed 140
300. Part II repealed 140
301. Section 18 amended 141
302. Section 19 amended 141
303. Section 21 repealed 141
304. Section 23 amended 141
305. Section 24 amended 141
306. Section 25 repealed 141
Division 3 — Heritage of Western Australia Act 1990
307. The Act amended 142
308. Section 14 amended 142
Division 4 — Housing Act 1980
309. The Act amended 142
310. Long title amended 142
311. Section 5 amended 143
312. Heading to Part II amended 143
313. Heading to Part II Division 1 replaced 143
Division 1 — The Housing Authority
314. Section 6 amended 144
315. Section 7 amended 144
316. Sections 8 to 10 replaced 145
8. Authority to be an SES organisation 145
9. Management 145
317. Heading to Part II Division 2 amended 145
318. Section 11 amended 145
319. Sections 11A and 11B inserted 146
11A. Minister may give directions 146
11B. Minister to have access to information 147
320. Section 12 amended 148
321. Section 12A amended 148
322. Section 13 amended 148
323. Section 16 amended 148
324. Heading to Part II Division 3 amended 148
325. Section 17 amended 149
326. Section 18A inserted 149
18A. Use of other staff and facilities 149
327. Section 22 amended 150
328. Heading to Part IV amended 150
329. Section 50 amended 150
330. Section 62 amended 151
331. Section 69 replaced 151
69. Protection from personal liability 151
332. References to Commission changed to Authority 152
Division 5 — Public Works Act 1902
333. The Act amended 152
334. Section 2 amended 152
335. Section 9E amended 153
Division 6 — Transitional matters
336. Financial reporting 153
337. References to former bodies 154
338. Government Employees’ Housing Act 1964 154
339. Housing Act 1980 155
340. Interpretation 155
Part 11 — Indigenous Affairs
Division 1 — Aboriginal Affairs Planning Authority Act 1972
341. The Act amended 157
342. Long title amended 157
343. Section 4 amended 157
344. Section 10 repealed 157
345. Section 16 repealed 158
346. Section 17 amended 158
347. Section 19 amended 158
348. Section 43 amended 159
349. Various references to Commissioner changed to CEO 159
Division 2 — Transitional provisions
350. Aboriginal Affairs Planning Authority Act 1972 160
Part 12 — Local Government and Regional Development, and Land Information
Division 1 — Animal Welfare Act 2002
351. The Act amended 161
352. Section 5 amended 161
353. Section 90 amended 161
354. Various references to Director General changed to CEO 161
Division 2 — Control of Vehicles (Off‑road Areas) Act 1978
355. The Act amended 162
356. Section 3 amended 162
357. Section 21 amended 162
358. Section 22 repealed 162
359. Section 38 amended 163
Division 3 — Local Government Act 1995
360. The Act amended 163
361. Section 1.4 amended 163
362. Section 9.58 amended 164
363. Section 9.67 amended 164
364. Various references to Executive Director changed to Departmental CEO 164
Division 4 — Local Government Grants Act 1978
365. The Act amended 165
366. Section 3 amended 165
367. Section 5 amended 165
368. Section 6 amended 165
Division 5 — Regional Development Commissions Act 1993
369. The Act amended 165
370. Section 3 amended 166
371. Section 31 amended 166
Division 6 — Valuation of Land Act 1978
372. The Act amended 166
373. Section 4 amended 166
Part 13 — Planning and Infrastructure
Division 1 — Land Administration Act 1997
374. The Act amended 167
375. Section 3 amended 167
376. Section 8 amended 167
377. Section 30 amended 167
378. Section 202 amended 168
379. Section 259 amended 168
Division 2 — Main Roads Act 1930
380. The Act amended 169
381. Section 31 amended 169
Division 3 — Western Australian Coastal Shipping Commission Act 1965
382. The Act amended 169
383. Section 25 amended 169
Division 4 — Western Australian Marine (Sea Dumping) Act 1981
384. The Act amended 170
385. Section 14 amended 170
Part 14 — Police and Emergency Services
Division 1 — Bush Fires Act 1954
386. The Act amended 171
387. Section 7 amended 171
388. Section 28 amended 171
389. Section 34 amended 172
390. Section 37 amended 172
391. Section 58 amended 172
392. Section 66 amended 172
Division 2 — Misuse of Drugs Act 1981
393. The Act amended 173
394. Section 38D amended 173
Part 15 — Premier, Public Sector Management, and Water Resources
Division 1 — Constitution Acts Amendment Act 1899
395. The Act amended 174
396. Schedule V amended 174
Division 2 — Public Sector Management Act 1994
397. The Act amended 174
398. Schedule 2 amended 174
Division 3 — Water Corporation Act 1995
399. The Act amended 175
400. Section 73 amended 175
Part 16 — Racing and Gaming
Division 1 — Gaming and Wagering Commission Act 1987
401. The Act amended 176
402. Section 9 amended 176
403. Section 110A amended 176
Division 2 — Racing and Wagering Western Australia Act 2003
404. The Act amended 176
405. Section 89 amended 176
Division 3 — Racing Penalties (Appeals) Act 1990
406. The Act amended 177
407. Section 24 amended 177
Part 17 — Treasurer, and Government Enterprises
Division 1 — Anzac Day Act 1960
408. The Act amended 178
409. Section 10 amended 178
Division 2 — Economic Regulation Authority Act 2003
410. The Act amended 178
411. Section 23 amended 179
Division 3 — Financial Administration and Audit Act 1985
412. The Act amended 179
413. Schedule 1 amended 179
Division 4 — Gold Corporation Act 1987
414. The Act amended 180
415. Section 3 amended 180
416. Heading to Part II amended 180
417. Section 9 amended 180
418. Sections 9A, 9B and 9C inserted 181
9A. Duty to observe policy instruments 181
9B. Strategic development plan and statement of corporate intent 181
9C. Laying directions about strategic development plan or statement of corporate intent before Parliament182
419. Section 16 amended 183
420. Section 21 amended 183
421. Section 40 amended 184
422. Section 51 amended 184
423. Schedule 1 amended 184
Division 5 — Insurance Commission of Western Australia Act 1986
424. The Act amended 185
425. Division 3A inserted 185
Division 3A — Strategic development plan and statement of corporate intent
14A. Duty to observe policy instruments 185
14B. Strategic development plan and statement of corporate intent 185
14C. Laying directions about strategic development plan or statement of corporate intent before Parliament187
Division 6 — Lotteries Commission Act 1990
426. The Act amended 187
427. Sections 8A, 8B and 8C inserted 188
8A. Duty to observe policy instruments 188
8B. Strategic development plan and statement of corporate intent 188
8C. Laying directions about strategic development plan or statement of corporate intent before Parliament189
428. Section 22 amended 190
Division 7 — Parliamentary Superannuation Act 1970
429. The Act amended 190
430. Section 6 amended 190
Division 8 — Rates and Charges (Rebates and Deferments) Act 1992
431. The Act amended 191
432. Section 46 amended 191
Division 9 — State Superannuation Act 2000
433. The Act amended 191
434. Sections 33A, 33B and 33C inserted 191
33A. Duty to observe policy instruments 191
33B. Strategic development plan and statement of corporate intent 192
33C. Laying directions about strategic development plan or statement of corporate intent before Parliament193
Division 10 — State Supply Commission Act 1991
435. The Act amended 194
436. Section 30 amended 194
Division 11 — Western Australian Treasury Corporation Act 1986
437. The Act amended 194
438. Section 3 amended 194
439. Section 5B amended 194
440. Section 8A amended 195
441. Section 9B inserted 195
9B. Duty to observe policy instruments 195
442. Section 10 amended 195
443. Section 16HA inserted 195
16HA. Concurrence of Treasurer 195
444. Section 16PA inserted 196
16PA. Concurrence of Treasurer 196
445. Section 17A amended 196
446. Section 18 amended 196
447. Section 21A amended 196
448. Section 21B amended 197
449. Schedule 2 amended 197
450. Various references to Treasurer changed to Minister 197
Division 12 — Transitional provisions
451. Western Australian Treasury Corporation Act 1986 and Gold Corporation Act 1987198
Part 18 — Various references to Permanent Head amended
452. Various references to Permanent Head changed to chief executive officer 200
Part 19 — General transitional provisions
453. References to Department by a former name 201
454. References to chief executive officer by a former name 201
Western Australia
Machinery of Government (Miscellaneous Amendments) Act 2006
No. 28 of 2006
An Act to amend various Acts to facilitate the efficient and flexible organisation of the public sector, to amend various other Acts consequentially, and for related purposes.
[Assented to 26 June 2006]
The Parliament of Western Australia enacts as follows:
Part 1 — Preliminary
1. Short title
This is the Machinery of Government (Miscellaneous Amendments) Act 2006.
2. Commencement
(1) Subject to this section, this Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different provisions.
3. Interpretation
In this Part —
“commencement” means the time at which this Act, or the relevant provision of this Act, comes into operation;
“statutory rule” means a regulation, rule, local law or by‑law.
4. Regulations — power to amend certain statutory rules
(1) The Governor, on the recommendation of the Minister, may make regulations amending a statutory rule made under an Act.
(2) The Minister may make a recommendation under subsection (1) only if the Minister considers that each amendment proposed to be made by the regulations is consequential on the enactment of this Act.
(3) Nothing in this section prevents a statutory rule from being amended in accordance with the Act under which it is made.
5. Regulations
The Governor may make regulations dealing with matters of a transitional nature (including matters of an application or savings nature) relating to the transition from the application of an Act amended by this Act as in force immediately before commencement to the application of that Act as in force immediately after commencement.
Part 2 — Agriculture and Forestry
Division 1 — Agricultural Produce Commission Act 1988
6. The Act amended
The amendments in this Division are to the Agricultural Produce Commission Act 1988*.
[* Reprinted as at 5 April 2002.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 11 and Act No. 59 of 2004.]
7. Section 7 amended
Section 7(2) is amended by deleting “at the Treasury forming” and inserting instead —
“ as ”.
Division 2 — Agriculture and Related Resources Protection Act 1976
8. The Act amended
The amendments in this Division are to the Agriculture and Related Resources Protection Act 1976*.
[* Reprinted as at 15 October 1999.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 13.]
9. Section 65 amended
Section 65(1) is amended as follows:
(a) by inserting after “61” —
“
and any other money lawfully received by, made available to or payable to the Protection Board
”;
(b) by deleting “to be kept in the Treasury”.
10. Section 94 amended
Section 94(1)(b)(iv) is deleted and the following subparagraph is inserted instead —
“
(iv) the CEO as defined in section 3 of the Conservation and Land Management Act 1984, that any person is registered as the holder of a permit, licence or lease under Part VIII of that Act,
”.
Division 3 — Cattle Industry Compensation Act 1965
11. The Act amended
The amendments in this Division are to the Cattle Industry Compensation Act 1965*.
[* Reprinted as at 20 August 1999.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 53‑4.]
12. Section 21 amended
Section 21(1) is amended by deleting “and kept at the Treasury, forming” and inserting instead —
“ , as ”.
Division 4 — Forest Products Act 2000
13. The Act amended
The amendments in this Division are to the Forest Products Act 2000*.
[* Act No. 34 of 2000.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 177.]
14. Section 3 amended
Section 3 is amended as follows:
(a) by inserting the following definitions in the appropriate alphabetical positions —
“
“CALM Act CEO” has the meaning given to “CEO” by section 3 of the CALM Act;
“CALM Act Department” has the meaning given to “Department” by section 3 of the CALM Act;
”;
(b) in the definition of “departmental land” in paragraph (c) by deleting “Executive Director” and inserting instead —
“ CALM Act CEO ”;
(c) by deleting the definitions of “Department” and “Executive Director”.
15. Section 6 amended
Section 6(3)(c) is amended by deleting “Department” and inserting instead —
“ CALM Act Department ”.
16. Section 10 amended
Section 10(1) is amended as follows:
(a) in paragraph (l) by deleting “Department” and inserting instead —
“ CALM Act CEO ”;
(b) in paragraph (l) by deleting “the Department’s” and inserting instead —
“ that CEO’s ”;
(c) in paragraph (m) by deleting “Department” and inserting instead —
“ CALM Act CEO ”.
17. Section 42 amended
Section 42(2)(d) is amended by deleting “Department” and inserting instead —
“ CALM Act CEO ”.
18. Section 57 amended
Section 57(2)(a)(ii) and (c) are amended by deleting “Department’s” and inserting instead —
“ CALM Act CEO’s ”.
19. Section 59 amended
Section 59(1)(b) and (c) are amended by deleting “Department” and inserting instead —
“ CALM Act CEO ”.
20. Various references to Executive Director changed to CALM Act CEO
Each provision listed in the Table to this section is amended by deleting “Executive Director” in each place where it occurs and inserting instead —
“ CALM Act CEO ”.
Table
s. 6(3)(c) |
s. 57(2)(a) and (b) |
s. 10(1)(e), (k) and (o) |
s. 59(1)(d) and (2) |
and (3)(e) |
|
Division 5 — Marketing of Potatoes Act 1946
21. The Act amended
The amendments in this Division are to the Marketing of Potatoes Act 1946*.
[* Reprinted as at 7 January 2000.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 275-6.]
22. Section 22B amended
(1) Section 22B(5) is amended by deleting “Commissioner for Health” and inserting instead —
“ CEO (Health) ”.
(2) After section 22B(9) the following subsection is inserted —
“
(10) In this section —
“CEO (Health)” has the meaning given to “CEO” by section 3 of the Health Legislation Administration Act 1984.
”.
Division 6 — Plant Pests and Diseases (Eradication Funds) Act 1974
23. The Act amended
The amendments in this Division are to the Plant Pests and Diseases (Eradication Funds) Act 1974*.
[* Reprint 2 as at 12 December 2003.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 345.]
24. Sections 5 and 8A amended
Sections 5(1) and 8A(1) are amended by deleting “and kept at the Treasury, forming” and inserting instead —
“ , as ”.
Division 7 — Soil and Land Conservation Act 1945
25. The Act amended
The amendments in this Division are to the Soil and Land Conservation Act 1945*.
[* Reprint 6 as at 3 October 2003.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 416.]
26. Section 4 amended
Section 4 is amended in the definition of “Public Authority” in paragraph (f) by deleting “Executive Director within the meaning” and inserting instead —
“ CEO as defined in section 3 ”.
27. Section 25C amended
Section 25C(1) is amended by deleting “at the Treasury, forming” and inserting instead —
“ , as ”.
Division 8 — Tree Plantation Agreements Act 2003
28. The Act amended
The amendments in this Division are to the Tree Plantation Agreements Act 2003*.
[* Act No. 39 of 2003.]
29. Section 4 amended
(1) Section 4(2)(a) and (b) are amended by deleting “Executive Director of the Department of Conservation and Land Management” and inserting instead —
“ CALM Act CEO ”.
(2) After section 4(2) the following subsection is inserted —
“
(3) In this section —
“CALM Act CEO” has the meaning given to “CEO” by section 3 of the Conservation and Land Management Act 1984.
”.
Part 3 — Attorney General, and Justice
Division 1 — Bail Act 1982
30. The Act amended
The amendments in this Division are to the Bail Act 1982*.
[* Reprint 5 as at 1 April 2005.
For subsequent amendments see Acts Nos. 45, 59 and 84 of 2004.]
31. Section 3 amended
(1) Section 3(1) is amended as follows:
(a) by inserting the following definitions in the appropriate alphabetical positions —
“
“CEO” means the chief executive officer of the Department;
“Department” means the department of the Public Service principally assisting in the administration of this Act;
”;
(b) in the definition of “authorised community services officer” in paragraph (a) by deleting “(Justice)” in both places where it occurs;
(c) by deleting the definition of “CEO (Justice)”.
(2) Section 3(5) is amended by deleting “department of which he is the chief executive officer” and inserting instead —
“ Department ”.
32. Section 66A amended
Section 66A(2) is amended by deleting “department of which the CEO (Justice) is the chief executive officer” and inserting instead —
“ Department ”.
33. Various references to CEO (Justice) changed to CEO
Each provision listed in the Table to this section is amended by deleting “CEO (Justice)” in each place where it occurs and inserting instead —
“ CEO ”.
Table
s. 3(5) |
s. 50E |
s. 24A(4) |
s. 50F(1), (3), (4) and (5) |
s. 27A |
s. 50H |
s. 50A |
s. 50J |
s. 50C(4)(a) and (b) |
s. 50L(1) |
s. 50D(1)(a) |
Sch. 1 Part D cl. 3(3)(e) |
Note: The headings to sections 27A, 50A, 50E, 50F and 50J will be altered by deleting “(Justice)”.
Division 2 — Evidence Act 1906
34. The Act amended
The amendments in this Division are to the Evidence Act 1906*.
[* Reprint 12 as at 10 October 2003.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 151.]
35. Section 61 amended
Section 61 is amended as follows:
(a) by deleting “Head of any department of the Government” and inserting instead —
“
chief executive officer of any department of the Public Service
”;
(b) by deleting “or board” in the first place where it occurs and inserting instead —
“ , listed ”;
(c) by deleting “board” in the second place where it occurs and inserting instead —
“ body ”.
36. Section 106A amended
Section 106A is amended in the definition of “accused” in paragraph (a)(i) by deleting “of the department established under section 4 of the Community Services Act 1972” and inserting instead —
“
as defined in section 3 of the Children and Community Services Act 2004
”.
37. The Fifth Schedule amended
The Fifth Schedule is amended by deleting all the items from and including the item relating to the Lands and Surveys Department and inserting instead —
“
Any department of the Public Service |
The chief executive officer of that department |
Any body, whether incorporated or not, that is established for a public purpose by a written law |
The chief executive officer, the chief employee, the chairman or the secretary (whichever is relevant) of the body |
The Police Force |
The Commissioner of Police |
”.
Division 3 — Juries Act 1957
38. The Act amended
The amendments in this Division are to the Juries Act 1957*.
[* Reprinted as at 3 July 2000.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 232.]
39. Second Schedule amended
(1) The Second Schedule Part I item 2(i) is deleted and the following item is inserted instead —
“
(i) Officer or employee of the department of the Public Service principally assisting in the administration of this Act, other than an officer in the Public Trust Office;
”.
(2) The Second Schedule Part I item 2(l) is deleted and the following item is inserted instead —
“
(l) Officer or employee of the department of the Public Service principally assisting in the administration of the Police Act 1892;
”.
Division 4 — Professional Standards Act 1997
40. The Act amended
The amendments in this Division are to the Professional Standards Act 1997*.
[* Act No. 22 of 1997.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 360 and Act No. 25 of 2004.]
41. Section 16 amended
Section 16(2) is amended as follows:
(a) by deleting “at either”;
(b) in paragraph (a) by deleting “the Treasury and”;
(c) in paragraph (b) by inserting before “a bank” —
“ at ”.
Division 5 — Spent Convictions Act 1988
42. The Act amended
The amendments in this Division are to the Spent Convictions Act 1988*.
[* Reprinted as at 1 September 2000.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 418‑9.]
43. Schedule 3 amended
Schedule 3 clause 1 item 10 of the Table is amended by deleting “Community and Juvenile Justice Division or the Prisons Division of the Department of Justice” and inserting instead —
“
department of the Public Service principally assisting in the administration of this Act |
”.
Division 6 — Statutory Corporations (Liability of Directors) Act 1996
44. The Act amended
The amendments in this Division are to the Statutory Corporations (Liability of Directors) Act 1996*.
[* Reprint 3 as at 7 November 2003.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 431.]
45. Schedule 1 amended
Schedule 1 is amended by deleting the item relating to the State Housing Commission.
Division 7 — Suitors’ Fund Act 1964
46. The Act amended
The amendments in this Division are to the Suitors’ Fund Act 1964*.
[* Reprinted as at 29 October 1999.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 438.]
47. Section 4 amended
(1) Section 4(1) is amended by deleting “and kept at the Treasury, forming” and inserting instead —
“ , as ”.
(2) Section 4(2) is repealed and the following subsection is inserted instead —
“
(2) The following shall be credited to the Fund —
(a) the amounts referred to in section 6(2);
(b) any other moneys lawfully received by, made available to, or payable to the Board.
”.
Part 4 — Consumer and Employment Protection
Division 1 — Associations Incorporation Act 1987
48. The Act amended
The amendments in this Division are to the Associations Incorporation Act 1987*.
[* Reprinted as at 20 August 1999.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 28.]
49. Section 3 amended
Section 3(1) is amended as follows:
(a) by inserting the following definition in the appropriate alphabetical position —
“
“Department” means the department of the Public Service principally assisting in the administration of this Act;
”;
(b) by deleting the definition of “Commissioner” and inserting instead —
“
“Commissioner” means the person for the time being designated as the Commissioner under section 39A;
”.
50. Sections 39A to 39E inserted
After section 39 the following sections are inserted in Part VII —
“
39A. Commissioner
(1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of this Act.
(2) The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette.
(3) In this section —
“executive officer” has the meaning given by section 3(1) of the Public Sector Management Act 1994.
39B. Delegation by Commissioner
(1) The Commissioner may delegate to any other person employed in the Department any power or duty of the Commissioner under another provision of this Act.
(2) The delegation must be in writing signed by the Commissioner.
(3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
(4) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(5) Nothing in this section limits the ability of the Commissioner to perform a function through an officer or agent.
39C. Information officially obtained to be confidential
(1) A person who misuses information obtained by reason of any function that person has, or at any time had, in the administration of this Act, or the repealed Act, commits an offence.
Penalty: $20 000.
(2) A person misuses information if it is, directly or indirectly, recorded, used, or disclosed to another person, other than —
(a) in the course of duty;
(b) under this Act;
(c) for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence;
(d) in a manner that could not reasonably be expected to lead to the identification of any person to whom the information refers; or
(e) with the consent of the person to whom the information relates, or each of them if there is more than one.
(3) In this section —
“information” means information concerning the affairs of a person.
39D. Protection from liability for wrongdoing
(1) A person is not liable for anything that the person has, in good faith, done in the performance or purported performance of a function under this Act, or the repealed Act.
(2) The State is also relieved of any liability that it might otherwise have had for another person having done anything as described in subsection (1).
(3) The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted.
(4) In this section, a reference to the doing of anything includes a reference to an omission to do anything.
39E. Judicial notice
All courts, judges and persons acting judicially shall take judicial notice of the official signature of every person who is for the time being and every person who has at any time been the Commissioner and of the fact that such person holds or has held such office.
”.
Division 2 — Builders’ Registration Act 1939
51. The Act amended
The amendments in this Division are to the Builders’ Registration Act 1939*.
[* Reprinted as at 11 January 2002.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 44.]
52. Section 4A amended
Section 4A(5) is amended by deleting “Commissioner for Fair Trading appointed under section 15” and inserting instead —
“ Commissioner as defined in section 4(1) ”.
53. Section 37 amended
Section 37(3) is amended by deleting “Commissioner for Fair Trading referred to in section 15” and inserting instead —
“ Commissioner as defined in section 4(1) ”.
Division 3 — Business Names Act 1962
54. The Act amended
The amendments in this Division are to the Business Names Act 1962*.
[* Reprinted as at 16 February 2001.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 49.]
55. Section 4 amended
Section 4(1) is amended as follows:
(a) by inserting the following definition in the appropriate alphabetical position —
“
“Department” means the department of the Public Service principally assisting in the administration of this Act;
”;
(b) by deleting the definition of “Commissioner” and inserting instead —
“
“Commissioner” means the person for the time being designated as the Commissioner under section 4AA;
”.
56. Section 4AA inserted
After section 4 the following section is inserted —
“
4AA. Commissioner
(1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of this Act.
(2) The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette.
(3) In this section —
“executive officer” has the meaning given by section 3(1) of the Public Sector Management Act 1994.
”.
57. Sections 31A to 31D inserted
After section 31 the following sections are inserted —
“
31A. Delegation by Commissioner
(1) The Commissioner may delegate to any other person employed in the Department any power or duty of the Commissioner under another provision of this Act.
(2) The delegation must be in writing signed by the Commissioner.
(3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
(4) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(5) Nothing in this section limits the ability of the Commissioner to perform a function through an officer or agent.
31B. Information officially obtained to be confidential
(1) A person who misuses information obtained by reason of any function that person has, or at any time had, in the administration of this Act commits an offence.
Penalty: $20 000.
(2) A person misuses information if it is, directly or indirectly, recorded, used, or disclosed to another person, other than —
(a) in the course of duty;
(b) under this Act;
(c) for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence;
(d) in a manner that could not reasonably be expected to lead to the identification of any person to whom the information refers; or
(e) with the consent of the person to whom the information relates, or each of them if there is more than one.
(3) In this section —
“information” means information concerning the affairs of a person.
31C. Protection from liability for wrongdoing
(1) A person is not liable for anything that the person has, in good faith, done in the performance or purported performance of a function under this Act.
(2) The State is also relieved of any liability that it might otherwise have had for another person having done anything as described in subsection (1).
(3) The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted.
(4) In this section, a reference to the doing of anything includes a reference to an omission to do anything.
31D. Application of certain provisions of the Consumer Affairs Act 1971
Sections 19, 20, 21, 22 and 23A of the Consumer Affairs Act 1971 apply, with such modifications as are necessary, to and in relation to the functions of the Commissioner and persons and matters affected by the exercise of those functions as if the sections were part of this Act.
”.
Division 4 — Chattel Securities Act 1987
58. The Act amended
The amendments in this Division are to the Chattel Securities Act 1987*.
[* Reprinted as at 13 December 2002.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 57.]
59. Section 3 amended
Section 3(1) is amended as follows:
(a) by inserting the following definition in the appropriate alphabetical position —
“
“Department” means the department of the Public Service principally assisting in the administration of this Act;
”;
(b) by deleting the definition of “Commissioner” and inserting instead —
“
“Commissioner” means the person for the time being designated as the Commissioner under section 3A;
”.
60. Section 3A inserted
After section 3 the following section is inserted in Part I —
“
3A. Commissioner
(1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of this Act.
(2) The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette.
(3) In this section —
“executive officer” has the meaning given by section 3(1) of the Public Sector Management Act 1994.
”.
61. Heading to Part IV inserted
After section 28 the following heading is inserted —
“
Part IV — Miscellaneous
”.
62. Sections 30A to 30D inserted
After section 30 the following sections are inserted —
“
30A. Delegation by Commissioner
(1) The Commissioner may delegate to any other person employed in the Department any power or duty of the Commissioner under another provision of this Act.
(2) The delegation must be in writing signed by the Commissioner.
(3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
(4) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(5) Nothing in this section limits the ability of the Commissioner to perform a function through an officer or agent.
30B. Information officially obtained to be confidential
(1) A person who misuses information obtained by reason of any function that person has, or at any time had, in the administration of this Act commits an offence.
Penalty: $20 000.
(2) A person misuses information if it is, directly or indirectly, recorded, used, or disclosed to another person, other than —
(a) in the course of duty;
(b) under this Act;
(c) for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence;
(d) in a manner that could not reasonably be expected to lead to the identification of any person to whom the information refers; or
(e) with the consent of the person to whom the information relates, or each of them if there is more than one.
(3) In this section —
“information” means information concerning the affairs of a person.
30C. Protection from liability for wrongdoing
(1) Subject to sections 24 and 25, a person is not liable for anything that the person has, in good faith, done in the performance or purported performance of a function under this Act.
(2) Subject to sections 24 and 25, the State is also relieved of any liability that it might otherwise have had for another person having done anything as described in subsection (1).
(3) The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted.
(4) In this section, a reference to the doing of anything includes a reference to an omission to do anything.
30D. Application of certain provisions of the Consumer Affairs Act 1971
Sections 19, 20, 21, 22 and 23A of the Consumer Affairs Act 1971 apply, with such modifications as are necessary, to and in relation to the functions of the Commissioner and persons and matters affected by the exercise of those functions as if the sections were part of this Act.
”.
Division 5 — Companies (Co‑operative) Act 1943
63. The Act amended
The amendments in this Division are to the Companies (Co‑operative) Act 1943*.
[* Reprinted as at 14 January 2000.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 74.]
64. Section 3 amended
Section 3 is amended as follows:
(a) by inserting the following definition in the appropriate alphabetical position —
“
“Department” means the department of the Public Service principally assisting in the administration of this Act.
”;
(b) by deleting the definition of “Registrar” and inserting instead —
“
“Registrar” means the person for the time being designated as the Registrar under section 3A.
”.
65. Division 1A inserted
After section 3 the following Division is inserted —
“
Division 1A — Administration
3A. Registrar
(1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Registrar for the purposes of this Act.
(2) The Registrar may be referred to by a title specified by the Minister by notice published in the Gazette.
(3) In this section —
“executive officer” has the meaning given by section 3(1) of the Public Sector Management Act 1994.
3B. Delegation by Registrar
(1) The Registrar may delegate to any other person employed in the Department any power or duty of the Registrar under another provision of this Act.
(2) The delegation must be in writing signed by the Registrar.
(3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
(4) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(5) Nothing in this section limits the ability of the Registrar to perform a function through an officer or agent.
3C. Information officially obtained to be confidential
(1) A person who misuses information obtained by reason of any function that person has, or at any time had, in the administration of this Act commits an offence.
Penalty: $20 000.
(2) A person misuses information if it is, directly or indirectly, recorded, used, or disclosed to another person, other than —
(a) in the course of duty;
(b) under this Act;
(c) for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence;
(d) in a manner that could not reasonably be expected to lead to the identification of any person to whom the information refers; or
(e) with the consent of the person to whom the information relates, or each of them if there is more than one.
(3) In this section —
“information” means information concerning the affairs of a person.
3D. Protection from liability for wrongdoing
(1) A person is not liable for anything that the person has, in good faith, done in the performance or purported performance of a function under this Act.
(2) The State is also relieved of any liability that it might otherwise have had for another person having done anything as described in subsection (1).
(3) The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted.
(4) In this section, a reference to the doing of anything includes a reference to an omission to do anything.
3E. Judicial notice
All courts, judges and persons acting judicially shall take judicial notice of the official signature of every person who is for the time being and every person who has at any time been the Registrar and of the fact that such person holds or has held such office.
”.
66. Section 391 repealed
(1) Section 391 is repealed.
(2) Sections 25(1), 26(1)(b), 30(6), 319, 329(1)(d), 331(1) and (3), 373(d) and (g) and 392(2) are amended by deleting “and seal”.
Division 6 — Competition Policy Reform (Western Australia) Act 1996
67. The Act amended
The amendments in this Division are to the Competition Policy Reform (Western Australia) Act 1996*.
[* Reprinted as at 6 July 2001.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 75‑6.]
68. Section 45 amended
Section 45 is amended by deleting the definition of “Commissioner” and inserting instead —
“
“Commissioner” means the person for the time being designated as the Commissioner under section 58;
”.
69. Division 5 inserted
After section 57 the following Division is inserted —
“
Division 5 — Commissioner
58. Commissioner
(1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of this Part.
(2) The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette.
(3) In this section —
“executive officer” has the meaning given by section 3(1) of the Public Sector Management Act 1994.
59. Delegation by Commissioner
(1) The Commissioner may delegate to any other person employed in the Department any power or duty of the Commissioner under another provision of this Part.
(2) The delegation must be in writing signed by the Commissioner.
(3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
(4) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(5) Nothing in this section limits the ability of the Commissioner to perform a function through an officer or agent.
60. Information officially obtained to be confidential
(1) A person who misuses information obtained by reason of any function that person has, or at any time had, in the administration of this Part commits an offence.
Penalty: $20 000.
(2) A person misuses information if it is, directly or indirectly, recorded, used, or disclosed to another person, other than —
(a) in the course of duty;
(b) under this Act;
(c) for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence;
(d) in a manner that could not reasonably be expected to lead to the identification of any person to whom the information refers; or
(e) with the consent of the person to whom the information relates, or each of them if there is more than one.
(3) In this section —
“information” means information concerning the affairs of a person.
61. Protection from liability for wrongdoing
(1) A person is not liable for anything that the person has, in good faith, done in the performance or purported performance of a function under this Part.
(2) The State is also relieved of any liability that it might otherwise have had for another person having done anything as described in subsection (1).
(3) The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Part had been enacted.
(4) In this section, a reference to the doing of anything includes a reference to an omission to do anything.
62. Judicial notice
All courts, judges and persons acting judicially shall take judicial notice of the official signature of every person who is for the time being and every person who has at any time been the Commissioner and of the fact that such person holds or has held such office.
”.
Division 7 — Consumer Affairs Act 1971
70. The Act amended
The amendments in this Division are to the Consumer Affairs Act 1971*.
[* Reprint 4 as at 9 July 2004.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 91.]
71. Long title
The long title is amended by deleting “appointment of a Commissioner for Fair Trading” and inserting instead —
“ protection of the interests of consumers ”.
72. Section 4 amended
Section 4(1) is amended by deleting the definition of “Commissioner” and inserting instead —
“
“Commissioner” means the person for the time being designated as the Commissioner under section 15;
”.
73. Section 5 amended
Section 5(2) is amended by deleting “the person for the time being holding the office of”.
74. Heading to Part III replaced
The heading to Part III is deleted and the following heading is inserted instead —
“
Part III — Administrative provisions
”.
75. Sections 15 to 17 replaced
Sections 15, 15A and 17 are repealed and the following sections are inserted instead —
“
15. Commissioner
(1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of this Act.
(2) The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette.
(3) In this section —
“executive officer” has the meaning given by section 3(1) of the Public Sector Management Act 1994.
16. Functions of the
(1) The functions of the Commissioner include —
(a) to promote the interests of consumers and to assist them to a greater awareness in relation to their assessment and use of goods and services;
(b) to collect, collate and disseminate information in respect of matters affecting the interests of consumers;
(c) to receive complaints from consumers concerning matters affecting their interests as consumers, to consider and, if the Commissioner considers it warranted, to investigate those complaints and to take such action in respect of those complaints as seems proper to the Commissioner;
(d) to receive complaints of fraudulent or deceptive practices in relation to matters that affect or are likely to affect the interests of consumers and to make such investigations and inquiries and to take such other action in respect of those complaints as seems proper to the Commissioner;
(e) to advise and assist consumers who seek from the Commissioner information or guidance on matters affecting their interests as consumers;
(f) to encourage and undertake the dissemination of information concerning consumer affairs to producers, manufacturers and suppliers of goods or services;
(g) to perform such other functions as are imposed on the Commissioner by this Act or any other Act.
(2) Without limiting the generality of subsection (1), the Commissioner is to —
(a) make such recommendations to the Minister as the Commissioner considers necessary or desirable in the interests of consumers and in particular investigate and make recommendations to the Minister in relation to any matters that concern the need for or desirability of legislative or administrative action in the interests of consumers;
(b) advise the Minister on such matters affecting the interests of consumers as the Minister may refer to the Commissioner;
(c) make recommendations to the Minister for the establishment and maintenance of means by which —
(i) matters that affect the interests of consumers and of persons engaged in the production, manufacture, preparation or supply of goods or in commerce or in the provision of services may receive adequate consideration; and
(ii) information concerning those matters and considerations may be disseminated at large.
(3) The Commissioner may cooperate, associate or consult with organisations that have the power to make investigations of the nature referred to in subsection (2)(a).
17. Power of Commissioner to publish warnings about unsatisfactory or dangerous goods and services etc.
(1) The Commissioner may publish (in any form) a statement identifying and giving warnings or information about any of the following —
(a) goods that are unsatisfactory or dangerous and persons who supply or are likely to supply those goods;
(b) services supplied in an unsatisfactory or dangerous manner and persons who supply or are likely to supply those services;
(c) unfair business practices and persons who engage or are likely to engage in those practices;
(d) any other matter which adversely affects or may adversely affect the interests of consumers in connection with the acquisition by them of goods or services.
(2) A statement under subsection (1) may identify particular goods, services, business practices and persons.
(3) The Commissioner is not to make or issue a statement under this section unless satisfied that it is in the public interest to do so.
”.
76. Section 23 replaced
Section 23 is repealed and the following section is inserted instead —
“
23. Delegation by Commissioner
(1) The Commissioner may delegate to any other person employed in the Department any power or duty of the Commissioner under a provision of this or any other Act, other than this power of delegation.
(2) The delegation must be in writing signed by the Commissioner.
(3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
(4) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(5) Nothing in this section limits the ability of the Commissioner to perform a function through an officer or agent.
”.
77. Section 24 replaced
Section 24 is repealed and the following section is inserted instead —
“
24. Information officially obtained to be confidential
(1) A person who misuses information obtained by reason of any function that person has, or at any time had, under or in accordance with this Act or any other Act commits an offence.
Penalty: $20 000.
(2) A person misuses information if it is, directly or indirectly, recorded, used, or disclosed to another person, other than —
(a) in the course of duty;
(b) under this Act or any other Act;
(c) for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence;
(d) in a manner that could not reasonably be expected to lead to the identification of any person to whom the information refers; or
(e) with the consent of the person to whom the information relates, or each of them if there is more than one.
(3) In this section —
“information” means information concerning the affairs of a person.
”.
78. Section 25 amended
(1) Section 25 is amended as follows:
(a) by inserting before “Subject” the subsection designation “(1)”;
(b) in paragraph (b) by inserting after “statement” —
“ made or ”;
(c) by inserting after “operations of the Committee or of the Department” —
“
or the administration of this Act or the Fair Trading Act 1987
”.
(2) At the end of section 25 the following subsections are inserted —
“
(2) No liability is incurred by a person for publishing in good faith —
(a) a statement referred to in subsection (1)(b); or
(b) a fair report or summary of such a statement.
(3) In this section —
“liability” includes liability for defamation.
”.
Division 8 — Co‑operative and Provident Societies Act 1903
79. The Act amended
The amendments in this Division are to the Co‑operative and Provident Societies Act 1903*.
[* Reprinted as at 7 September 2001.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 66‑7.]
80. Section 2 amended
Section 2 is amended as follows:
(a) by inserting the following definitions in the appropriate alphabetical positions —
“
“Department” means the department of the Public Service principally assisting in the administration of this Act;
“Registrar” means the person for the time being designated as the Registrar under section 67;
”;
(b) in the definition of “The Minister” by deleting “being;” and inserting instead —
“ being. ”;
(c) by deleting the definition of “The Registrar”.
81. Sections 67 to 71 inserted
After section 66 the following sections are inserted —
“
67. Registrar
(1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Registrar for the purposes of this Act.
(2) The Registrar may be referred to by a title specified by the Minister by notice published in the Gazette.
(3) In this section —
“executive officer” has the meaning given by section 3(1) of the Public Sector Management Act 1994.
68. Delegation by Registrar
(1) The Registrar may delegate to any other person employed in the Department any power or duty of the Registrar under another provision of this Act.
(2) The delegation must be in writing signed by the Registrar.
(3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
(4) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(5) Nothing in this section limits the ability of the Registrar to perform a function through an officer or agent.
69. Information officially obtained to be confidential
(1) A person who misuses information obtained by reason of any function that person has, or at any time had, in the administration of this Act commits an offence.
Penalty: $20 000.
(2) A person misuses information if it is, directly or indirectly, recorded, used, or disclosed to another person, other than —
(a) in the course of duty;
(b) under this Act;
(c) for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence;
(d) in a manner that could not reasonably be expected to lead to the identification of any person to whom the information refers; or
(e) with the consent of the person to whom the information relates, or each of them if there is more than one.
(3) In this section —
“information” means information concerning the affairs of a person.
70. Protection from liability for wrongdoing
(1) A person is not liable for anything that the person has, in good faith, done in the performance or purported performance of a function under this Act.
(2) The State is also relieved of any liability that it might otherwise have had for another person having done anything as described in subsection (1).
(3) The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted.
(4) In this section, a reference to the doing of anything includes a reference to an omission to do anything.
71. Judicial notice
All courts, judges and persons acting judicially shall take judicial notice of the official signature of every person who is for the time being and every person who has at any time been the Registrar and of the fact that such person holds or has held such office.
”.
Division 9 — Credit Act 1984
82. The Act amended
The amendments in this Division are to the Credit Act 1984*.
[* Reprinted as at 6 April 2001.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 103‑4.]
83. Section 5 amended
Section 5(1) is amended as follows:
(a) by inserting the following definition in the appropriate alphabetical position —
“
“Department” has the meaning given by section 4 of the Credit (Administration) Act 1984;
”;
(b) by deleting the definition of “Commissioner” and inserting instead —
“
“Commissioner” has the meaning given by section 4 of the Credit (Administration) Act 1984;
”.
Division 10 — Credit (Administration) Act 1984
84. The Act amended
The amendments in this Division are to the Credit (Administration) Act 1984*.
[* Reprint 2 as at 6 August 2004.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 103.]
85. Section 4 amended
Section 4 is amended as follows:
(a) by inserting the following definition in the appropriate alphabetical position —
“
“Department” means the department of the Public Service principally assisting in the administration of this Act;
”;
(b) by deleting the definition of “Commissioner” and inserting instead —
“
“Commissioner” means the person for the time being designated as the Commissioner under section 53;
”.
86. Section 10 amended
Section 10(3) is amended by deleting “for Fair Trading” in the 3 places where it occurs.
87. Section 53 replaced
Section 53 is repealed and the following sections are inserted instead —
“
53. Commissioner
(1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of the cognate Acts.
(2) The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette.
(3) Without limiting any other functions of the Commissioner for the purposes of the cognate Acts, the Commissioner has the following functions —
(a) to investigate and conduct research into matters relating to the cognate Acts;
(b) to publish reports and disseminate information on matters relating to the cognate Acts;
(c) to give advice to consumers on the provisions of the cognate Acts;
(d) to investigate and attempt to resolve complaints arising under the cognate Acts and to take action by negotiation, prosecution of any offence or otherwise;
(e) to make reports to the Minister on matters of importance investigated by the Commissioner, whether or not referred to the Commissioner by the Minister.
(4) In this section —
“executive officer” has the meaning given by section 3(1) of the Public Sector Management Act 1994.
53A. Delegation by Commissioner
(1) The Commissioner may delegate to any other person employed in the Department any power or duty of the Commissioner under another provision of the cognate Acts.
(2) The delegation must be in writing signed by the Commissioner.
(3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
(4) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(5) Nothing in this section limits the ability of the Commissioner to perform a function through an officer or agent.
53B. Judicial notice
All courts, judges and persons acting judicially shall take judicial notice of the official signature of every person who is for the time being and every person who has at any time been the Commissioner and of the fact that such person holds or has held such office.
”.
88. Section 54 amended
(1) Section 54(1) is amended by deleting “an authorised officer appointed under the Consumer Affairs Act 1971,”.
(2) Section 54(2) is amended by deleting “, or an authorised officer or” and inserting instead —
“ or an ”.
(3) Section 54(3)(a) is amended by deleting “officer” and inserting instead —
“ person ”.
89. Section 56 amended
(1) Section 56(1) is amended as follows:
(a) in paragraph (c) by inserting after “Commissioner” —
“ or a delegate of the Commissioner ”;
(b) in paragraph (d) by deleting “54(1) or”.
(2) Section 56(2) is repealed and the following subsections are inserted instead —
“
(2) A person to whom this section applies shall not misuse information obtained by reason of any function that person has, or at any time had, in the administration of the cognate Acts.
Penalty: $20 000.
(3) A person misuses information if it is, directly or indirectly, recorded, used or disclosed to another person, other than —
(a) in the course of duty;
(b) under —
(i) the cognate Acts, the Consumer Affairs Act 1971, the State Administrative Tribunal Act 2004; or
(ii) the corresponding Acts, or proposed laws, of the legislature of the Commonwealth or of another State or of a Territory;
(c) for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence;
(d) in a manner that could not reasonably be expected to lead to the identification of any person to whom the information refers; or
(e) with the consent of the person to whom the information relates, or each of them if there is more than one.
(4) In this section —
“information” means information concerning the affairs of a person.
”.
90. Section 56A inserted
After section 56 the following section is inserted —
“
56A. Protection from liability for wrongdoing
(1) A person is not liable for anything that the person has, in good faith, done in the performance or purported performance of a function under this Act.
(2) The State is also relieved of any liability that it might otherwise have had for another person having done anything as described in subsection (1).
(3) The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted.
(4) In this section, a reference to the doing of anything includes a reference to an omission to do anything.
”.
Division 11 — Employment Agents Act 1976
91. The Act amended
The amendments in this Division are to the Employment Agents Act 1976*.
[* Reprinted as at 26 October 2001.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 141.]
92. Section 4 amended
Section 4(1) is amended as follows:
(a) by deleting the definition of “Commissioner” and inserting instead —
“
“Commissioner” means the person for the time being designated as the Commissioner under section 9A;
”;
(b) by deleting the definition of “Department” and inserting instead —
“
“Department” means the department of the Public Service principally assisting in the administration of this Act;
”.
93. Section 9A inserted
After section 9 the following section is inserted —
“
9A. Commissioner
(1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of this Act.
(2) The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette.
(3) In this section —
“executive officer” has the meaning given by section 3(1) of the Public Sector Management Act 1994.
”.
94. Section 48 replaced
Section 48 is repealed and the following sections are inserted instead —
“
48. Information officially obtained to be confidential
(1) A person who misuses information obtained by reason of any function that person has, or at any time had, in the administration of this Act commits an offence.
Penalty: $20 000.
(2) A person misuses information if it is, directly or indirectly, recorded, used, or disclosed to another person, other than —
(a) in the course of duty;
(b) under this Act;
(c) for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence;
(d) in a manner that could not reasonably be expected to lead to the identification of any person to whom the information refers; or
(e) with the consent of the person to whom the information relates, or each of them if there is more than one.
(3) In this section —
“information” means information concerning the affairs of a person.
48A. Delegation by Commissioner
(1) The Commissioner may delegate to any other person employed in the Department any power or duty of the Commissioner under another provision of this Act.
(2) The delegation must be in writing signed by the Commissioner.
(3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
(4) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(5) Nothing in this section limits the ability of the Commissioner to perform a function through an officer or agent.
”.
95. Section 49A inserted
After section 49 the following section is inserted —
“
49A. Judicial notice
All courts, judges and persons acting judicially shall take judicial notice of the official signature of every person who is for the time being and every person who has at any time been the Commissioner and of the fact that such person holds or has held such office.
”.
Division 12 — Fair Trading Act 1987
96. The Act amended
The amendments in this Division are to the Fair Trading Act 1987*.
[* Reprinted as at 16 November 2001.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 154-5.]
97. Section 5 amended
Section 5(1) is amended as follows:
(a) by deleting the definition of “Commissioner” and inserting instead —
“
“Commissioner” has the meaning given by section 4(1) of the Consumer Affairs Act 1971;
”;
(b) by deleting the definition of “Department” and inserting instead —
“
“Department” has the meaning given by section 4(1) of the Consumer Affairs Act 1971;
”;
(c) by deleting the definition of “investigator”.
98. Section 73 amended
Section 73(10)(a) is amended by deleting “of Consumer Affairs”.
99. Section 75 amended
Section 75(1)(b) is amended by deleting “Commissioner” and inserting instead —
“ Minister ”.
Division 13 — Hire‑Purchase Act 1959
100. The Act amended
The amendments in this Division are to the Hire‑Purchase Act 1959*.
[* Reprint 6 as at 2 July 2004.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 204‑5.]
101. Section 2 amended
Section 2(1) is amended as follows:
(a) by inserting the following definition in the appropriate alphabetical position —
“
“Department” means the department of the Public Service principally assisting in the administration of this Act;
”;
(b) by deleting the definition of “Commissioner” and inserting instead —
“
“Commissioner” means the person for the time being designated as the Commissioner under section 23A;
”;
(c) by deleting the definition of “Deputy Commissioner”.
102. Section 23W replaced
Section 23W is repealed and the following sections are inserted instead —
“
23A. Commissioner
(1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of this Act.
(2) The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette.
(3) In this section —
“executive officer” has the meaning given by section 3(1) of the Public Sector Management Act 1994.
23B. Delegation by Commissioner
(1) The Commissioner may delegate to any other person employed in the Department any power or duty of the Commissioner under another provision of this Act.
(2) The delegation must be in writing signed by the Commissioner.
(3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
(4) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(5) Nothing in this section limits the ability of the Commissioner to perform a function through an officer or agent.
”.
103. Section 36C replaced
Section 36C is repealed and the following section is inserted instead —
“
36C. Application of certain provisions of the Consumer Affairs Act 1971
Sections 19, 20, 21, 22, 23A, 24 and 25 of the Consumer Affairs Act 1971 apply, with such modifications as are necessary, to and in relation to the functions of the Commissioner and persons and matters affected by the exercise of those functions as if the sections were part of this Act.
”.
Division 14 — Limited Partnerships Act 1909
104. The Act amended
The amendments in this Division are to the Limited Partnerships Act 1909*.
[* Reprint 3 as at 6 June 2003.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 253.]
105. Section 15 replaced
Section 15 is repealed and the following section is inserted instead —
“
15. Registrar of limited partnerships
(1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the department principally assisting in the administration of this Act as the Registrar for the purposes of this Act.
(2) The Registrar may be referred to by a title specified by the Minister by notice published in the Gazette.
(3) Sections 19, 20, 21, 22, 23, 23A, 24 and 25 of the Consumer Affairs Act 1971 apply, with such modifications as are necessary, to and in relation to the functions of the Registrar and persons and matters affected by the exercise of those functions as if the sections were part of this Act.
(4) In this section —
“executive officer” has the meaning given by section 3(1) of the Public Sector Management Act 1994.
”.
Division 15 — Motor Vehicle Dealers Act 1973
106. The Act amended
The amendments in this Division are to the Motor Vehicle Dealers Act 1973*.
[* Reprinted as at 14 November 1996.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 300.]
107. Section 5 amended
Section 5(1) is amended as follows:
(a) by inserting the following definition in the appropriate alphabetical position —
“
“Department” means the department of the Public Service principally assisting in the administration of this Act;
”;
(b) by deleting the definition of “Commissioner” and inserting instead —
“
“Commissioner” means the person for the time being designated as the Commissioner under section 5AA;
”.
108. Section 5AA inserted
After section 5A the following section is inserted —
“
5AA. Commissioner
(1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of this Act and the Motor Vehicle Repairers Act 2003.
(2) The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette.
(3) In this section —
“executive officer” has the meaning given by section 3(1) of the Public Sector Management Act 1994.
”.
109. Section 6 amended
(1) Section 6(1) is repealed and the following subsection is inserted instead —
“
(1) Sections 19, 20, 21, 22, 23, 23A, 24 and 25 of the Consumer Affairs Act 1971 apply, with such modifications as are necessary, to and in relation to the functions of the Commissioner and persons and matters affected by the exercise of those functions as if the sections were part of this Act.
”.
(2) Section 6(2) is amended by deleting “Permanent Head of the Department within the meaning of the Consumer Affairs Act 1971” and inserting instead —
“ chief executive officer of the Department ”.
(3) Section 6(3) is amended by inserting after “Act 1971” —
“ (as applied by subsection (1)) ”.
Division 16 — Motor Vehicle Repairers Act 2003
110. The Act amended
The amendments in this Division are to the Motor Vehicle Repairers Act 2003*.
[* Act No. 68 of 2003.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 301.]
111. Section 3 amended
Section 3(1) is amended by deleting the definition of “Commissioner” and inserting instead —
“
“Commissioner” has the meaning given to that term in section 5(1) of the Motor Vehicle Dealers Act 1973;
”.
112. Section 7 replaced
Section 7 is repealed and the following section is inserted instead —
“
7. Commissioner’s powers
Sections 19, 20, 21, 22, 23, 23A, 24 and 25 of the Consumer Affairs Act 1971 apply, with such modifications as are necessary, to and in relation to the functions of the Commissioner and persons and matters affected by the exercise of those functions as if the sections were part of this Act.
”.
Division 17 — Petroleum Products Pricing Act 1983
113. The Act amended
The amendments in this Division are to the Petroleum Products Pricing Act 1983*.
[* Reprinted as at 11 January 2002.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 337.]
114. Section 3 amended
Section 3(1) is amended as follows:
(a) by inserting the following definition in the appropriate alphabetical position —
“
“Department” means the department of the Public Service principally assisting in the administration of this Act;
”;
(b) by deleting the definition of “Commissioner” and inserting instead —
“
“Commissioner” means the person for the time being designated as the Commissioner under section 5;
”.
115. Section 5 replaced
Section 5 is repealed and the following section is inserted instead —
“
5. Commissioner
(1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of this Act and the Petroleum Retailers Rights and Liabilities Act 1982.
(2) The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette.
(3) In this section —
“executive officer” has the meaning given by section 3(1) of the Public Sector Management Act 1994.
”.
116. Section 7 amended
(1) Section 7(1) is amended as follows:
(a) by deleting “under this Act”;
(b) in paragraph (a) by inserting after “generally” —
“ and ”;
(c) in paragraphs (a) and (b) by inserting after “this Act” —
“
and the Petroleum Retailers Rights and Liabilities Act 1982
”.
(2) Section 7(4) is amended by inserting after “this Act” —
“
and the Petroleum Retailers Rights and Liabilities Act 1982
”.
(3) Section 7(5) is repealed.
117. Section 23 amended
Section 23(1), (2) and (3) are amended by inserting after “this Act” in each place where it occurs —
“
or the Petroleum Retailers Rights and Liabilities Act 1982
”.
118. Section 24 amended
Section 24(2) is amended by inserting after “this Act” in the second place where it occurs —
“
or the Petroleum Retailers Rights and Liabilities Act 1982
”.
119. Section 26 amended
Section 26 is amended by inserting after “this Act” —
“
or the Petroleum Retailers Rights and Liabilities Act 1982
”.
120. Section 27A amended
Section 27A(1) and (4) are amended by inserting after “this Act” in each place where it occurs —
“
or the Petroleum Retailers Rights and Liabilities Act 1982
”.
121. Section 27B amended
Section 27B is amended by inserting after “this Act” in both places where it occurs —
“
or the Petroleum Retailers Rights and Liabilities Act 1982
”.
122. Section 28 amended
Section 28 is amended as follows:
(a) in paragraph (a) by deleting “within the meaning of the Consumer Affairs Act 1971”;
(b) by inserting after “this Act” —
“
or the Petroleum Retailers Rights and Liabilities Act 1982
”.
123. Section 29 amended
Section 29 is amended by inserting after “this Act” —
“
or the Petroleum Retailers Rights and Liabilities Act 1982
”.
124. Section 31 amended
Section 31 is amended by inserting after “this Act” —
“
or the Petroleum Retailers Rights and Liabilities Act 1982
”.
125. Section 31H amended
Section 31H(3) is amended in the definition of “officer” by deleting “referred to in section 5(2)(a) or (b)” and inserting instead —
“ of the Department ”.
126. Sections 32A to 32C inserted
After section 32 the following sections are inserted —
“
32A. Delegation by Commissioner
(1) The Commissioner may delegate to any other person employed in the Department any power or duty of the Commissioner under another provision of this Act or the Petroleum Retailers Rights and Liabilities Act 1982.
(2) The delegation must be in writing signed by the Commissioner.
(3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
(4) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(5) Nothing in this section limits the ability of the Commissioner to perform a function through an officer or agent.
32B. Protection from liability for wrongdoing
(1) A person is not liable for anything that the person has, in good faith, done in the performance or purported performance of a function under this Act or the Petroleum Retailers Rights and Liabilities Act 1982.
(2) The State is also relieved of any liability that it might otherwise have had for another person having done anything as described in subsection (1).
(3) The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Act or the Petroleum Retailers Rights and Liabilities Act 1982 had been enacted.
(4) In this section, a reference to the doing of anything includes a reference to an omission to do anything.
32C. Judicial notice
All courts, judges and persons acting judicially shall take judicial notice of the official signature of every person who is for the time being and every person who has at any time been the Commissioner and of the fact that such person holds or has held such office.
”.
127. Section 33 amended
(1) Section 33(1) is amended as follows:
(a) by deleting “an officer referred to in section 5(2)” and inserting instead —
“ an officer of the Department ”;
(b) by inserting after “this Act” —
“
or the Petroleum Retailers Rights and Liabilities Act 1982
”.
(2) Section 33(2) is amended as follows:
(a) in paragraph (a) by inserting after “this Act” in both places where it occurs —
“
or the Petroleum Retailers Rights and Liabilities Act 1982
”;
(b) in paragraph (d) by deleting “the Consumer Affairs Act 1971” and inserting instead —
“ another Act administered by the Minister ”.
Division 18 — Petroleum Retailers Rights and Liabilities Act 1982
128. The Act amended
The amendments in this Division are to the Petroleum Retailers Rights and Liabilities Act 1982*.
[* Reprinted as at 22 November 2002.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 337.]
129. Section 3 amended
Section 3(1) is amended as follows:
(a) by inserting the following definition in the appropriate alphabetical position —
“
“Department” has the meaning given by section 3 of the Petroleum Products Pricing Act 1983;
”;
(b) by deleting the definition of “Commissioner” and inserting instead —
“
“Commissioner” has the meaning given by section 3 of the Petroleum Products Pricing Act 1983;
”.
Division 19 — Real Estate and Business Agents Act 1978
130. The Act amended
The amendments in this Division are to the Real Estate and Business Agents Act 1978*.
[* Reprint 5 as at 8 April 2005.
For subsequent amendments see Acts Nos. 59 and 84 of 2004.]
131. Sections 131H and 131K amended
Sections 131H(2)(c) and (3)(c) and 131K(2)(b) are amended by deleting “The State Housing Commission” in each place where it occurs and inserting instead —
“ the Housing Authority ”.
Division 20 — Residential Tenancies Act 1987
132. The Act amended
The amendments in this Division are to the Residential Tenancies Act 1987*.
[* Reprinted as at 22 January 1999.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 384‑5.]
133. Section 3 amended
Section 3 is amended as follows:
(a) by deleting the definition of “Commissioner” and inserting instead —
“
“Commissioner” means the person for the time being designated as the Commissioner under section 7A;
”;
(b) by deleting the definition of “Department” and inserting instead —
“
“Department” means the department of the Public Service principally assisting in the administration of this Act;
”.
134. Section 7A inserted
Before section 8 the following section is inserted in Part II —
“
7A. Commissioner
(1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of this Act.
(2) The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette.
(3) In this section —
“executive officer” has the meaning given by section 3(1) of the Public Sector Management Act 1994.
”.
135. Section 8 amended
(1) Section 8(1) is amended as follows:
(a) by deleting “Without limiting section 17 of the Consumer Affairs Act 1971, the Department” and inserting instead —
“ The Commissioner ”;
(b) in paragraph (e) by deleting “Department” in both places where it occurs and inserting instead —
“ Commissioner ”;
(c) in paragraph (e) by deleting “it” and inserting instead —
“ the Commissioner ”.
(2) Section 8(2) is repealed.
Note: The heading to section 8 will be altered to read “Functions of the Commissioner”.
136. Sections 11A and 11B inserted
After section 11 the following sections are inserted in Part II —
“
11A. Information officially obtained to be confidential
(1) A person who misuses information obtained by reason of any function that person has, or at any time had, in the administration of this Act commits an offence.
Penalty: $20 000.
(2) A person misuses information if it is, directly or indirectly, recorded, used, or disclosed to another person, other than —
(a) in the course of duty;
(b) under this Act;
(c) for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence;
(d) in a manner that could not reasonably be expected to lead to the identification of any person to whom the information refers; or
(e) with the consent of the person to whom the information relates, or each of them if there is more than one.
(3) In this section —
“information” means information concerning the affairs of a person.
11B. Application of certain provisions of the Consumer Affairs Act 1971
Sections 19, 20, 21, 22 and 23A of the Consumer Affairs Act 1971 apply, with such modifications as are necessary, to and in relation to the functions of the Commissioner and persons and matters affected by the exercise of those functions as if the sections were part of this Act.
”.
137. Schedule 1 amended
Schedule 1 clause 3(1) is amended by deleting “and kept at Treasury”.
Division 21 — Retirement Villages Act 1992
138. The Act amended
The amendments in this Division are to the Retirement Villages Act 1992*.
[* Reprint 2 as at 1 April 2005.]
139. Section 3 amended
Section 3 is amended as follows:
(a) by deleting the definition of “Commissioner” and inserting instead —
“
“Commissioner” means the person for the time being designated as the Commissioner under section 7A;
”;
(b) by deleting the definition of “Department” and inserting instead —
“
“Department” means the department of the Public Service principally assisting in the administration of this Act;
”.
140. Section 7A inserted
Before section 8 the following section is inserted in Part 2 —
“
7A. Commissioner
(1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of this Act.
(2) The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette.
(3) In this section —
“executive officer” has the meaning given by section 3(1) of the Public Sector Management Act 1994.
”.
141. Section 8 amended
(1) Section 8(1) is amended as follows:
(a) by deleting “Without limiting section 17 of the Consumer Affairs Act 1971, the Department” and inserting instead —
“ The Commissioner ”;
(b) in paragraph (e) by deleting “Department” in both places where it occurs and inserting instead —
“ Commissioner ”;
(c) in paragraph (e) by deleting “it” and inserting instead —
“ the Commissioner ”.
(2) Section 8(2) is repealed.
Note: The heading to section 8 will be altered to read “Functions of the Commissioner”.
142. Sections 11A and 11B inserted
After section 11 the following sections are inserted —
“
11A. Information officially obtained to be confidential
(1) A person who misuses information obtained by reason of any function that person has, or at any time had, in the administration of this Act commits an offence.
Penalty: $20 000.
(2) A person misuses information if it is, directly or indirectly, recorded, used, or disclosed to another person, other than —
(a) in the course of duty;
(b) under this Act;
(c) for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence;
(d) in a manner that could not reasonably be expected to lead to the identification of any person to whom the information refers; or
(e) with the consent of the person to whom the information relates, or each of them if there is more than one.
(3) In this section —
“information” means information concerning the affairs of a person.
11B. Application of certain provisions of the Consumer Affairs Act 1971
Sections 19, 20, 21, 22 and 23A of the Consumer Affairs Act 1971 apply, with such modifications as are necessary, to and in relation to the functions of the Commissioner and persons and matters affected by the exercise of those functions as if the sections were part of this Act.
”.
143. Sections 57 and 58 amended
Sections 57(6)(a) and 58(3)(a) are amended by deleting “Department of Health” and inserting instead —
“
Department as defined in section 3 of the Health Legislation Administration Act 1984
”.
144. Section 78 repealed
Section 78 is repealed.
Division 22 — Travel Agents Act 1985
145. The Act amended
The amendments in this Division are to the Travel Agents Act 1985*.
[* Reprint 2 as at 6 June 2003.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 465‑6.]
146. Section 3 amended
Section 3(1) is amended as follows:
(a) by inserting the following definitions in the appropriate alphabetical positions —
“
“Commissioner” means the person for the time being designated as the Commissioner under section 49A;
“Department” means the department of the Public Service principally assisting in the administration of this Act;
”;
(b) by deleting the definition of “the Commissioner”.
147. Section 49A inserted
After section 49 the following section is inserted —
“
49A. Commissioner
(1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of this Act.
(2) The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette.
(3) In this section —
“executive officer” has the meaning given by section 3(1) of the Public Sector Management Act 1994.
”.
148. Section 50 amended
Section 50(1) is amended by deleting “an officer appointed under section 15(1) of the Consumer Affairs Act 1971 to assist the Commissioner” and inserting instead —
“ an officer of the Department ”.
149. Section 50A inserted
After section 50 the following section is inserted —
“
50A. Protection from liability for wrongdoing
(1) A person is not liable for anything that the person has, in good faith, done in the performance or purported performance of a function under this Act.
(2) The State is also relieved of any liability that it might otherwise have had for another person having done anything as described in subsection (1).
(3) The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted.
(4) In this section, a reference to the doing of anything includes a reference to an omission to do anything.
”.
150. Section 52 amended
(1) Section 52(2) is amended by deleting “$2 000” and inserting instead —
“ $20 000 ”.
(2) Section 52(3) is amended as follows:
(a) by deleting paragraphs (a) and (b) and “or” after paragraph (b) and inserting the following paragraphs instead —
“
(a) in the course of duty;
(b) under this Act;
”;
(b) after paragraph (c) by deleting the full stop and inserting instead —
“
;
(d) for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence;
(e) in a manner that could not reasonably be expected to lead to the identification of any person to whom the information refers; or
(f) with the consent of the person to whom the information relates, or each of them if there is more than one.
”.
Division 23 — Transitional provisions
151. Commissioner for Fair Trading
(a) the Associations Incorporation Act 1987;
(b) the Business Names Act 1962;
(c) the Chattel Securities Act 1987;
(d) the Companies (Co‑operative) Act 1943;
(e) Part 8 of the Competition Policy Reform (Western Australia) Act 1996;
(f) the Consumer Affairs Act 1971;
(g) the Co‑operative and Provident Societies Act 1903;
(h) the Credit Act 1984;
(i) the Credit (Administration) Act 1984;
(j) the Employment Agents Act 1976;
(k) the Hire‑Purchase Act 1959;
(l) the Limited Partnerships Act 1909;
(m) the Motor Vehicle Dealers Act 1973;
(n) the Petroleum Products Pricing Act 1983;
(o) the Petroleum Retailers Rights and Liabilities Act 1982;
(p) the Residential Tenancies Act 1987;
(q) the Retirement Villages Act 1992;
(r) the Travel Agents Act 1985.
(2) A thing done or omitted to be done by, to or in relation to, the Commissioner for Fair Trading (including in his or her capacity as the Prices Commissioner) before commencement under a provision of the Consumer Affairs Act 1971 for the purposes of another enactment listed in subsection (1) has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done or omitted —
(a) by, to or in relation to, the Commissioner or Registrar (as the case requires) as defined in that other enactment as in force after commencement; and
(b) where relevant, under the corresponding provision of that other enactment as in force after commencement.
(3) To the extent that a thing done or omitted to be done by, to or in relation to, the Commissioner for Fair Trading (including in his or her capacity as the Prices Commissioner) before commencement under, or for the purposes of, an enactment listed in subsection (1) is not covered by subsection (2), it has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done or omitted by, to or in relation to, the Commissioner or Registrar (as the case requires) as defined in that enactment as in force after commencement.
(4) A thing done or omitted to be done by, to or in relation to, the Commissioner for Fair Trading before commencement under, or for the purposes of, an enactment not listed in subsection (1) has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done or omitted by, to or in relation to, the Commissioner as defined in the Consumer Affairs Act 1971 as in force after commencement.
(5) A reference in an enactment to the Commissioner for Fair Trading is to have effect after commencement as if it had been amended to be a reference to —
(a) in the case of an enactment listed in subsection (1) or subsidiary legislation made under such an enactment — the Commissioner or Registrar (as the case requires) as defined in the enactment as in force after commencement; or
(b) in the case of any other enactment or subsidiary legislation — the Commissioner as defined in the Consumer Affairs Act 1971 as in force after commencement.
152. Commissioner for Corporate Affairs and Registrar of Co‑operative and Financial Institutions
(1) A thing done or omitted to be done by, to or in relation to, the Commissioner for Corporate Affairs before commencement under, or for the purposes of, the Companies (Co‑operative) Act 1943 has the same effect after commencement as if it had been done or omitted by, to or in relation to, the Registrar as defined in that Act as in force after commencement.
(2) A thing done or omitted to be done by, to or in relation to, the Registrar of Co‑operative and Financial Institutions before commencement under, or for the purposes of, the Co‑operative and Provident Societies Act 1903 has the same effect after commencement as if it had been done or omitted by, to or in relation to, the Registrar as defined in that Act as in force after commencement.
153. Consumer Affairs Act 1971
Each office in existence immediately before commencement because of section 15(1) of the Consumer Affairs Act 1971 does not cease merely because that subsection is repealed by this Act.
154. Petroleum Products Pricing Act 1983
Each office in existence immediately before commencement because of section 5(2)(b) of the Petroleum Products Pricing Act 1983 does not cease merely because that paragraph is deleted by this Act.
155. Interpretation
In this Division —
“commencement” means the time at which this Division comes into operation;
“Commissioner for Fair Trading” means the Commissioner for Fair Trading referred to in section 15 of the Consumer Affairs Act 1971 as in force before commencement;
“Prices Commissioner” means the Prices Commissioner referred to in section 5(1) of the Petroleum Products Pricing Act 1983 as in force before commencement.
Part 5 — Disability Services, and Sport and Recreation
Division 1 — Disability Services Act 1993
156. The Act amended
The amendments in this Division are to the Disability Services Act 1993*.
[* Reprinted as at 26 May 2000.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 124.]
157. Section 15 amended
Section 15(2) is amended as follows:
(a) by deleting “at either”;
(b) in paragraph (a) by deleting “the Treasury and”;
(c) in paragraph (b) by inserting before “a bank” —
“ at ”.
158. Section 30 amended
Section 30 is amended by deleting the definition of “Health Department” and inserting instead —
“
“Health Department” has the meaning given to “Department” by section 3 of the Health Legislation Administration Act 1984;
”.
Division 2 — Professional Combat Sports Act 1987
159. The Act amended
The amendments in this Division are to the Professional Combat Sports Act 1987*.
[* Reprint 1 as at 11 March 2005.]
160. Section 12 amended
(1) Section 12(1)(a) is amended by deleting “at the Treasury”.
(2) Section 12(2) is amended after paragraph (c) by deleting the full stop and inserting —
“
; and
(d) any other moneys lawfully received by, made available to, or payable to the Commission.
”.
Division 3 — Western Australian Sports Centre Trust Act 1986
161. The Act amended
The amendment in this Division is to the Western Australian Sports Centre Trust Act 1986*.
[* Reprinted as at 22 March 2002.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 498.]
162. Section 15 amended
Section 15(2) is amended by deleting “at the Treasury”.
Part 6 — Energy
Division 1 — Electricity Act 1945
163. The Act amended
The amendments in this Division are to the Electricity Act 1945*.
[* Reprint 5 as at 6 June 2003.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 138.]
164. Section 5 amended
(1) Section 5(1) is amended by inserting the following definition in the appropriate alphabetical position —
“
“Minister” has a meaning that is modified by subsections (2) and (3);
”.
(2) At the end of section 5 the following subsections are inserted —
“
(2) A reference in a provision of this Act to the Minister is a reference to —
(a) if, for the time being, different Ministers administer the provision in respect of different matters — the Minister administering the provision in respect of the matter in respect of which the provision is being applied; or
(b) if paragraph (a) does not apply — the Minister administering the provision.
(3) A reference in a regulation made under section 32 to the Minister is a reference to —
(a) if, for the time being, different Ministers administer section 32 in respect of different matters — the Minister administering section 32 in respect of the matter in respect of which the regulation is being applied; or
(b) if paragraph (a) does not apply — the Minister administering section 32.
(4) Subsections (2) and (3) do not limit the operation of section 12 of the Interpretation Act 1984.
”.
165. Section 32 amended
Section 32(1) is amended as follows:
(a) by deleting “matters” in the first place where it occurs;
(b) in paragraph (r) by deleting “generally in regard to any other matters” and inserting instead —
“ generally, ”.
Division 2 — Energy Coordination Act 1994
166. The Act amended
The amendments in this Division are to the Energy Coordination Act 1994*.
[* Reprint 2 as at 10 September 2004.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 142.]
167. Section 3 amended
(1) Section 3 is amended as follows:
(a) by inserting before “In” the subsection designation “(1)”;
(b) by inserting the following definition in the appropriate alphabetical position —
“
“Minister” has a meaning that is modified by subsections (2) and (3);
”.
(2) At the end of section 3 the following subsections are inserted —
“
(2) A reference in a provision of this Act to the Minister is a reference to —
(a) if, for the time being, different Ministers administer the provision in respect of different matters — the Minister administering the provision in respect of the matter in respect of which the provision is being applied; or
(b) if paragraph (a) does not apply — the Minister administering the provision.
(3) A reference in a regulation made under section 26 to the Minister is a reference to —
(a) if, for the time being, different Ministers administer section 26 in respect of different matters — the Minister administering section 26 in respect of the matter in respect of which the regulation is being applied; or
(b) if paragraph (a) does not apply — the Minister administering section 26.
(4) Subsections (2) and (3) do not limit the operation of section 12 of the Interpretation Act 1984.
”.
168. Part 1A inserted
After section 3 the following Part is inserted —
“
Part 1A — Coordinator of Energy
4. Coordinator of Energy
A Coordinator of Energy is to be appointed under Part 3 of the Public Sector Management Act 1994.
4A. Coordinator’s functions
The functions of the Coordinator are —
(a) to assist the Minister in planning and coordinating the provision of energy in the State;
(b) to perform the functions vested in the Coordinator by or under this Act or any other written law;
(c) to advise the Minister on all aspects of energy policy, including —
(i) the energy needs of the State;
(ii) ways of using energy and sources of energy, including renewable energy;
(iii) the introduction and encouragement of competition in the energy industry;
(iv) ways of promoting and achieving open access to transmission and distribution systems;
(v) ways of achieving greater efficiency in the use of energy;
(vi) the use of energy policy to assist in achieving other policy objectives of government;
(vii) matters relating to the operation of relevant legislation;
(d) for the purposes of paragraphs (a), (b) and (c) —
(i) to monitor the operation of the State’s energy industry and its participants; and
(ii) to consult with interested groups and persons;
(e) to promote energy research and development as provided by Schedule 1;
(f) to promote the development of commercial applications of renewable energy;
(g) to produce and publish information and reports on energy‑related matters;
(h) to maintain a collection of the information and reports referred to in paragraph (g) and the information and reports produced by the Solar Institute formerly established by the Solar Energy Research Act 1977;
(i) to provide support in the resolution of disputes about energy‑related matters.
4B. Staff
Officers may be appointed or made available under Part 3 of the Public Sector Management Act 1994 to enable the Coordinator to perform his or her functions.
4C. Delegation
(1) The Coordinator may by instrument in writing delegate to an officer referred to in section 4B the performance of any of his or her functions including functions under a written law, but not including the power to delegate under this section.
(2) The Coordinator’s powers under subsection (1) also extend to delegation of functions to the Director.
(3) A delegation may be general or as otherwise provided by the instrument of delegation.
(4) A delegate remains subject to the direction and control of the delegator.
(5) Performance of a function by a delegate is to be treated as performance by the delegator.
4D. Minister may give directions
(1) The Minister may give directions in writing to the Coordinator with respect to the performance of his or her functions, either generally or in relation to a particular matter, and he or she is to give effect to any such direction.
(2) The text of any direction given under subsection (1) is to be —
(a) laid before each House of Parliament within 14 sitting days of that House after the direction is given; and
(b) included in the annual report submitted by the relevant accountable officer under section 62 of the Financial Administration and Audit Act 1985.
4E. Minister to have access to information
(1) The Minister is entitled —
(a) to have information in the possession of the Coordinator; and
(b) where the information is in or on a document, to have, and make and retain copies of, that document.
(2) For the purposes of subsection (1) the Minister may —
(a) request the Coordinator to furnish information to the Minister;
(b) request the Coordinator to give the Minister access to information; and
(c) for the purposes of paragraph (b) make use of the staff referred to in section 4B to obtain the information and furnish it to the Minister.
(3) The Coordinator is to comply with a request under subsection (2) and make staff and facilities available to the Minister for the purposes of paragraph (c) of that subsection.
(4) In this section —
“document” includes any tape, disk or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise;
“information” means information specified, or of a description specified, by the Minister that relates to the functions of the Coordinator.
”.
169. Heading to Part 2 amended
The heading to Part 2 is amended by deleting “Coordinator of Energy, and”.
170. Sections 4 and 6 repealed
Sections 4 and 6 are repealed.
171. Section 8 amended
Section 8 is amended by deleting “the Coordinator and”.
172. Section 9 amended
(1) Section 9(1) is amended by deleting “Each of the Coordinator and the Director” and inserting instead —
“ The Director ”.
(2) Section 9(2) is repealed.
173. Section 10 amended
Section 10(1) is amended by deleting “the Coordinator or”.
174. Section 11 amended
(1) Section 11(1) and (2)(a) and (b) are amended by deleting “the Coordinator or”.
(2) Section 11(3) is amended by deleting “The Coordinator or the Director” and inserting instead —
“ The Director ”.
(3) Section 11(4) is amended in the definition of “information” by deleting “the Coordinator or”.
175. Section 11ZK amended
Section 11ZK(2) is amended by deleting “responsible for the administration of this Act”.
176. Section 12 amended
Section 12(1) is repealed.
177. Section 13 amended
Section 13(1) is amended by deleting “The Coordinator or the Director, as the case may require,” and inserting instead —
“ The Director ”.
178. Section 19 amended
(1) Section 19(1) is amended by deleting all of the subsection from and including “manner to — ” and inserting instead —
“ manner to the Director. ”.
(2) Section 19(2) is amended by deleting “The Coordinator or the Director, as the case may be,” and inserting instead —
“ The Director ”.
179. Heading to Part 4 replaced and heading to Division 1 inserted
The heading to Part 4 is deleted and the following headings are inserted instead —
“
Part 4 — Information
Division 1 — Obtaining information — Coordinator
”.
180. Heading to Division 2 inserted
After section 23 the following heading is inserted —
“
Division 2 — Confidentiality — Coordinator and Director
”.
181. Various references to Coordinator in Schedule 3 changed to Minister
Each provision of Schedule 3 listed in the Table to this section is amended by deleting “Coordinator” in each place where it occurs and inserting instead —
“ Minister ”.
Table
cl. 1(1) (defn. of “emergency”) |
cl. 4 |
cl. 2(1) and (2) |
cl. 6 |
cl. 3(1), (3)(a) and (4) |
cl. 7(4) and (5) |
Note: The heading to Schedule 3 clause 4 will be altered by deleting “Coordinator” and inserting instead “Minister”.
Part 7 — Environment
Division 1 — Conservation and Land Management Act 1984
182. The Act amended
The amendments in this Division are to the Conservation and Land Management Act 1984*.
[* Reprint 5 as at 24 September 2004.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 77.]
183. Section 3 amended
Section 3 is amended as follows:
(a) by inserting the following definitions in the appropriate alphabetical positions —
“
“CEO” means the chief executive officer of the Department;
“Department” means the department of the Public Service principally assisting in the administration of this Act;
“Executive Body” means the Conservation and Land Management Executive Body established by section 36;
“Land Administration Minister” means the Minister to whom the administration of the Land Administration Act 1997 is committed;
”;
(b) by deleting the definitions of “Department”, “Director of Forests”, “Director of National Parks”, “Director of Nature Conservation” and “Executive Director”.
184. Section 15 amended
Section 15(1) is amended by deleting “Minister administering the Land Administration Act 1997” and inserting instead —
“ Land Administration Minister ”.
185. Section 16A amended
Section 16A(1) is amended by deleting “Minister to whom the administration of that Act is committed” and inserting instead —
“ Land Administration Minister ”.
186. Section 17 amended
Section 17(5) is amended by deleting “Minister administering the Land Administration Act 1997” and inserting instead —
“ Land Administration Minister ”.
187. Section 17A amended
Section 17A(2) is amended by inserting after “Department” —
“ (as defined in section 3 of this Act) ”.
188. Section 22 amended
Section 22(1) is amended by deleting paragraph (a) and inserting the following paragraph instead —
“
(a) is the CEO, a member of the staff of the Conservation Commission or an officer of the Department;
”.
189. Section 23 amended
(1) Section 23(3) is amended by deleting “Executive Director’s” and inserting instead —
“ CEO’s ”.
(2) Section 23(5) is amended by inserting after “actions of” —
“ the CEO or ”.
(3) Section 23(6) is repealed and the following subsection is inserted instead —
“
(6) In this section —
“Director” means a senior executive officer (within the meaning of the Public Sector Management Act 1994) designated by the CEO to be a Director for the purposes of this section.
”.
190. Section 26D amended
Section 26D(5)(a) is amended by deleting “Executive Director’s” and inserting instead —
“ CEO’s ”.
191. Headings to Part IV and Division 1 replaced
The headings to Part IV and Division 1 are deleted and the following headings are inserted instead —
“
Part IV — Administration
Division 1 — Functions and powers
”.
192. Section 32 repealed
Section 32 is repealed.
193. Section 33 amended
(1) Section 33(1) is amended as follows:
(a) in paragraph (ba) by inserting after “facilities” —
“ of the Department ”;
(b) in paragraph (bb) by deleting “Department’s” and inserting instead —
“ CEO’s ”;
(c) in paragraph (d) by deleting “, and in particular to be the instrument by which the administration of the Wildlife Conservation Act 1950 is carried out by the Executive Director pursuant to section 7 of that Act”;
(d) in paragraph (g) by deleting “Minister to whom the administration of the Land Administration Act 1997 is committed” and inserting instead —
“ Land Administration Minister ”.
(2) Section 33(2) is amended by deleting “Minister referred to in subsection (1)(g)” and inserting instead —
“ Land Administration Minister ”.
194. Section 34 repealed
Section 34 is repealed.
195. Section 34A amended
Section 34A(1) is amended by deleting “The powers conferred by section 34 include power for the Executive Director” and inserting instead —
“ The powers of the CEO include power ”.
196. Section 34B amended
Section 34B(1) is amended by deleting “The powers conferred by sections 34 and 34A include power for the Executive Director” and inserting instead —
“ The powers of the CEO include power ”.
197. Part IV Division 2 replaced
Part IV Division 2 is repealed and the following Division is inserted instead —
“
Division 2 — The Conservation and Land Management Executive Body
36. The Conservation and Land Management Executive Body
(1) The Conservation and Land Management Executive Body is established.
(2) The Executive Body is a body corporate with perpetual succession.
(3) Proceedings may be taken by or against the Executive Body in its corporate name.
(5) The Executive Body is an agent of the State and has the status, immunities and privileges of the State.
37. Purpose and nature of
The Executive Body is established to provide a body corporate through which the CEO can perform any of the CEO’s functions under this Act or the Wildlife Conservation Act 1950 that can more conveniently be performed by a body corporate than an individual.
38. Execution of documents by the
(1) The Executive Body is to have a common seal.
(2) A document is duly executed by the Executive Body if —
(a) the common seal of the Executive Body is affixed to it in accordance with subsections (3) and (4);
(b) it is signed on behalf of the Executive Body by the CEO; or
(c) it is signed on behalf of the Executive Body, as authorised under subsection (5), by an officer of the Department.
(3) The common seal of the Executive Body is not to be affixed to a document except as authorised by the Executive Body.
(4) The common seal of the Executive Body is to be affixed to a document in the presence of the CEO, and the CEO is to sign the document to attest that the common seal was so affixed.
(5) The Executive Body may, by writing under its common seal, authorise an officer of the Department to sign documents on behalf of the Executive Body, either generally or subject to any conditions or restrictions specified in the authorisation.
(6) A document purporting to be executed in accordance with this section is to be presumed to be duly executed until the contrary is shown.
(7) A document executed by the CEO or another person under this section without the common seal of the Executive Body is not to be regarded as a deed unless it is executed as a deed as authorised under subsection (5).
(8) When a document is produced bearing a seal purporting to be the common seal of the Executive Body, it is to be presumed that the seal is the common seal of the Executive Body until the contrary is shown.
(9) For the purposes of this Act, a facsimile of —
(a) the Executive Body’s common seal; or
(b) the signature of the CEO or a person authorised under subsection (5) to execute deeds or other documents,
may be used, and a deed or other document purporting to be endorsed with such a facsimile is, until the contrary is shown, to be regarded as bearing the facsimile under this subsection.
”.
198. Section 42 repealed
Section 42 is repealed.
199. Section 49 amended
Section 49(c) is amended by deleting “Executive Director referred to in” and inserting instead —
“ CEO as defined in section 4(1) of ”.
200. Section 50 amended
Section 50(2) is amended as follows:
(a) by deleting “34,”;
(b) by inserting after “officer of the Department” in the first place where it occurs —
“ , on behalf of or as representative of the CEO, ”;
(c) by deleting “on behalf of or as representative of the Department”.
201. Section 64 amended
Section 64(1)(ga) is amended by deleting “the Department or the Executive Director, as the case requires,” and inserting instead —
“ the CEO ”.
202. Section 65 amended
Section 65(a) is amended by deleting “at the Treasury”.
203. Section 71 amended
Section 71(1) is amended by deleting “section 34” and inserting instead —
“ the powers of the CEO ”.
204. Section 72 amended
Section 72(1) is amended by deleting “by the Department of its functions” and inserting instead —
“ of the CEO’s functions ”.
205. Section 75 amended
Section 75 is amended by deleting “of Conservation and Land Management”.
206. Section 133 amended
After section 133(2) the following subsection is inserted —
“
(3) Without limiting the things that may be delegated under subsection (2), they may include things that are to be done in the course of governing the affairs of the Executive Body under section 36(4).
”.
207. Section 142 amended
Section 142(2) is amended by deleting “Minister to whom the administration of the Land Administration Act 1997 is for the time being committed” and inserting instead —
“ Land Administration Minister ”.
208. Various references to Department changed to CEO
Each provision listed in the Table to this section is amended by deleting “Department” in each place where it occurs and inserting instead —
“ CEO ”.
Table
s. 16(1) |
s. 54(3)(a) and (b) |
s. 19(1)(g)(i), (ii) and (iii), and |
s. 63 |
(3) |
s. 64(1)(d), (da) and (g) |
s. 25(4) (defn. of “staff”) |
s. 84(1) |
s. 26B(1)(f)(i) and (2) |
s. 87(2)(b) |
s. 26D(4) |
s. 102(1) (defn. of “land to |
s. 33(1) and (2) |
which this Part applies”) |
s. 35(1) and (2) |
|
209. Various references to Executive Director changed to CEO
Each provision listed in the Table to this section is amended by deleting “Executive Director” in each place where it occurs and inserting instead —
“ CEO ”.
Table
s. 9(3)(a) |
s. 91(2) |
s. 14(2) |
s. 93 |
s. 16(1), (2), (3) and (4) |
s. 94(1) and (2) |
s. 16B(1) |
s. 95(2)(b) |
s. 17A(7)(b) |
s. 97(1) |
s. 20(7)(c) |
s. 97A(1), (2), (3), (7), (8) and |
s. 23(1), (2) and (3) |
(10) |
s. 26D(5)(a) |
s. 99(1) |
s. 33(6) |
s. 99A(1), (2), (3), (4) and (6) |
s. 33A(3)(a) |
s. 100(1) |
s. 34A(1) |
s. 101(1), (1a), (1b), (2), (3) |
s. 34B(2), (3), (4b), (6a) |
and (5) |
and (7a) |
s. 101B(1) and (2a) |
s. 35(1) |
s. 103(2a)(a), (2b) and (3) |
s. 43(2) |
s. 104(2) |
s. 45(1) and (3a) |
s. 107(b) |
s. 46(1) |
s. 108A(2) |
s. 48(1), (2) and (3) |
s. 108B |
s. 50(2) |
s. 108C(1) and (2) |
s. 58(1), (2) and (3) |
s. 110 |
s. 64(1)(b) and (2)(c) |
s. 113(1) |
s. 66(1), (2) and (3) |
s. 114A(2), (5) and (6) |
s. 67 |
s. 118(2) |
s. 68(3) |
s. 119A |
s. 69(2) |
s. 120 |
s. 70 |
s. 131(1) |
s. 71(1), (2) and (3) |
s. 132 |
s. 72(1), (2), (3) and (4) |
s. 133(1) and (2) |
s. 73(1) and (2) |
s. 134(1) |
s. 74(2) and (3) |
s. 136(1) |
s. 82(1) |
s. 137 |
s. 83(1) |
s. 138(1) |
s. 84(1) |
s. 142(2) |
s. 87A(1) |
s. 150(a), (b), (c) and (d) |
s. 88(1) and (1a) |
s. 151(a)(i) and (b)(i) |
s. 89(2)(a) and (c) |
|
Note: The headings to sections 23, 72 and 137 will be altered by deleting “Executive Director” and inserting instead “CEO”.
The heading to section 33 will be altered by deleting “Department” and inserting instead “the CEO”.
The heading to section 35 will be altered by deleting “Department” and inserting instead “The CEO”.
Division 2 — Environmental Protection Act 1986
210. The Act amended
The amendment in this Division is to the Environmental Protection Act 1986*.
[* Reprinted as at 11 January 2002.
For subsequent amendments Western Australian Legislation Information Tables for 2004, Table 1, p. 146.]
211. Section 110H amended
Section 110H(1) is amended by deleting “at the Treasury,”.
Division 3 — Litter Act 1979
212. The Act amended
The amendments in this Division are to the Litter Act 1979*.
[* Reprinted as at 4 January 1999.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 256 and Act No. 49 of 2004.]
213. Section 9 amended
Section 9(1)(h) and (i) are deleted and the following paragraphs are inserted instead —
“
(h) one shall be appointed on the nomination of the Departmental CEO as defined in section 1.4 of the Local Government Act 1995;
(i) one shall be appointed on the nomination of the CEO as defined in section 3 of the Conservation and Land Management Act 1984;
”.
214. Sections 15
Sections 15(5) and 16(2) are amended by deleting “Public Service Act 1978” and inserting instead —
“ Public Sector Management Act 1994 ”.
215. Section 26 amended
Section 26(2)(c)(i) to (iv) are deleted and the following subparagraphs are inserted instead —
“
(i) an inspector, under the Environmental Protection Act 1986;
(ii) a conservation and land management officer, forest officer, wildlife officer or ranger, under the Conservation and Land Management Act 1984;
”.
216. Third Schedule amended
The Third Schedule is amended as follows:
(a) by deleting the row relating to the Environmental Protection Act 1971 and inserting instead —
“
Inspectors under the Environmental Protection Act 1986 |
The CEO as defined in section 3 of the Environmental Protection Act 1986 |
”;
(b) by deleting the rows relating to the Forests Act 1918, the Wildlife Conservation Act 1950 and the National Parks Authority Act 1976 and inserting instead —
“
Conservation and land management officers, forest officers, wildlife officers or rangers under the Conservation and Land Management Act 1984 |
The CEO as defined in section 3 of the Conservation and Land Management Act 1984 |
”;
(c) in column 2 of the row relating to the Fish Resources Management Act 1994 by deleting “Executive Director referred to in” and inserting instead —
“ CEO as defined in section 4(1) of ”;
(d) in column 2 of the row relating to the Western Australian Marine Act 1982 by deleting “Manager of the Department of Marine and Harbours” and inserting instead —
“
chief executive officer as defined in section 3(1) of the Western Australian Marine Act 1982 |
”.
Division 4 — Sandalwood Act 1929
217. The Act amended
The amendments in this Division are to the Sandalwood Act 1929*.
[* Reprinted as at 4 January 2002.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 405.]
218. Section 3 amended
Section 3(1)(b) is amended by deleting “Executive Director” and inserting instead —
“ CEO ”.
Division 5 — Wildlife Conservation Act 1950
219. The Act amended
The amendments in this Division are to the Wildlife Conservation Act 1950*.
[* Reprint 6 as at 3 September 2004.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 503.]
220. Section 6 amended
Section 6(1) is amended as follows:
(a) by inserting the following definition in the appropriate alphabetical position —
“
“CEO” has the meaning given by section 3 of the Conservation and Land Management Act 1984;
”;
(b) by deleting the definition of “Executive Director”.
221. Various references to Executive Director changed to CEO
Each provision listed in the Table to this section is amended by deleting “Executive Director” in each place where it occurs and inserting instead —
“ CEO ”.
Table
s. 7 |
s. 23C(3)(a) and (4) |
s. 15(3)(a) |
s. 26(3) |
s. 23(2) |
s. 27B |
Division 6 — Zoological Parks Authority Act 2001
222. The Act amended
The amendments in this Division are to the Zoological Parks Authority Act 2001*.
[* Act No. 24 of 2001.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 512 and Act No. 84 of 2004.]
223. Section 33 amended
Section 33(1) is repealed and the following subsection is inserted instead —
“
(1) The funds referred to in section 32 are to be credited to an account called the “Zoological Parks Authority Account” —
(a) forming part of the Trust Fund constituted under section 9 of the Financial Administration and Audit Act 1985; or
(b) with the approval of the Treasurer, at a bank or other financial institution.
”.
Division 7 — Transitional provisions
224. Conservation and Land Management Act 1984
(1) A thing done or omitted to be done before commencement by, to or in relation to the Executive Director (other than as the body corporate referred to in section 38 of the Conservation and Land Management Act 1984 as in force before commencement) under, or for the purposes of, an enactment has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done or omitted by, to or in relation to the CEO under, or for the purposes of, that enactment.
(2) The Conservation and Land Management Executive Body established by section 36 of the Conservation and Land Management Act 1984 (as in force after commencement) is a continuation of, and the same legal person as, the body corporate referred to in section 38 of that Act (as in force before commencement).
(3) Land placed under the management of the Department under section 33(2) of the Conservation and Land Management Act 1984 before commencement is to be taken to have been placed, on commencement, under the management of the CEO under that Act.
(4) The Registrar of Titles or the Registrar of Deeds and Transfers may make any entry in, or any endorsement or notation on, the title, land register or other record in respect of land that is necessary because of subsection (3).
(5) A reference in a written law or any other instrument to land under the management of the Department under the Conservation and Land Management Act 1984 is to be read as a reference to land under the management of the CEO.
(6) A reference in a written law or any other instrument to the Director of Nature Conservation, the Director of Forests or the Director of National Parks is to be read as a reference to the CEO.
(7) In this section —
“CEO” has the meaning given by section 3 of the Conservation and Land Management Act 1984 as in force after commencement;
“commencement” means the time at which section 183 comes into operation;
“Executive Director” means the Executive Director referred to in section 36 of the Conservation and Land Management Act 1984 as in force before commencement,
and, unless the contrary intention appears, other words and expressions in this section have the same respective meanings as they have in the Conservation and Land Management Act 1984.
Part 8 — Fisheries
Division 1 — Fisheries Adjustment Schemes Act 1987
225. The Act amended
The amendments in this Division are to the Fisheries Adjustment Schemes Act 1987*.
[* Reprinted as at 3 May 2002.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 175.]
226. Section 5 amended
Section 5(1) is amended by deleting “and kept at the Treasury”.
227. Section 10 amended
Section 10 is amended by deleting “Fisheries”.
228. Various references to Executive Director changed to CEO
Each provision listed in the Table to this section is amended by deleting “Executive Director” in each place where it occurs and inserting instead —
“ CEO ”.
Table
s. 8(3a) |
s. 14C(a) |
s. 10C(7) |
s. 15(1) and (2) |
Division 2 — Fishing and Related Industries Compensation (Marine Reserves) Act 1997
229. The Act amended
The amendments in this Division are to the Fishing and Related Industries Compensation (Marine Reserves) Act 1997*.
[* Reprint 1 as at 6 August 2004.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 175.]
230. Section 5 amended
(1) Section 5(5), (6), (7), (8) and (9) are amended by deleting “Executive Director” and inserting instead —
“ CEO ”.
(2) Section 5(5) and (6) are amended by deleting “Executive Director’s” and inserting instead —
“ CEO’s ”.
Division 3 — Fish Resources Management Act 1994
231. The Act amended
The amendments in this Division are to the Fish Resources Management Act 1994*.
[* Reprint 2 as at 11 March 2005.
For subsequent amendments see Acts Nos. 12 of 2003 and 59 of 2004.]
Section 4(1) is amended as follows:
(a) by inserting the following definition in the appropriate alphabetical position —
“
“CEO” means the chief executive officer of the Department;
”;
(b) by deleting the definition of “Executive Director”.
233. Section 10 repealed
Section 10 is repealed.
234. Section 238 amended
Section 238(2) is amended by deleting “to be kept at the Treasury”.
235. Sections 239, 241 and 242 amended
Sections 239(1), 241(1) and 242(1) are amended by deleting “and kept at the Treasury”.
236. Various references to Executive Director changed to CEO
(1) Each provision listed in the Table to this subsection is amended by deleting “Executive Director” in each place where it occurs and inserting instead —
“ CEO ”.
Table
s. 7(1), (3), (4)(a) and (b), (5) |
s. 140(1), (2), (3), (4) and (5) |
and (6) |
s. 141(1) |
s. 13(1) and (2) |
s. 142(1), (2), (3), (4), (5) and |
s. 29(2)(a) |
(6) |
s. 33(2)(a) |
s. 143(1) and (2) |
s. 37(2)(a) |
s. 144(1), (2) and (3) |
s. 58(2)(c), (h), (j) and (k) |
s. 145(1) |
s. 61(1)(c) |
s. 147(1) |
s. 62(s) |
s. 148(1) |
s. 66(1) |
s. 149(2) |
s. 68 |
s. 150(b) |
s. 69(1)(b), (2) and (3) |
s. 151(1) and (3) |
s. 71(2) |
s. 177(1), (2) and (4) |
s. 72(2) |
s. 179(1), (3), (6) and (7) |
s. 76(4)(a) and (b) |
s. 196(1) and (2) |
s. 79(1) |
s. 197(3) and (4) |
s. 80(1) |
s. 201(1) and (4) |
s. 81(1)(b), (2) and (3) |
s. 217(1), (2) and (3) |
s. 83(1), (2) and (3) |
s. 219(1) |
s. 85 |
s. 224(1) and (2) |
s. 87(1), (2)(b), (3) and (4) |
s. 227(1) |
s. 92(1) and (3) |
s. 238(4)(d) |
s. 94(1) |
s. 244(1)(b) |
s. 95(1)(b), (2) and (3) |
s. 246(1), (4), (5)(b) and (c) |
s. 107(1) |
s. 249(1) and (2) |
s. 111 |
s. 257(2)(b), (c) and (e) |
s. 123(c) |
s. 258(k) and (y) |
s. 130(b) and (d) |
s. 262 |
s. 135(1), (2), (3) and (4) |
Sch. 1 cl. 2 |
s. 138(1) |
Sch. 1 cl. 3(1) and (2) |
s. 139(1) |
|
(2) Each provision listed in the Table to this subsection is amended by deleting “Executive Director’s” in each place where it occurs and inserting instead —
“ CEO’s ”.
Table
s. 140(2)(a) |
s. 224(1)(b) |
s. 177(3) |
s. 246(5)(a) |
s. 179(5) |
|
Note: The headings to sections 13, 147, 148 and 262 will be altered by deleting “Executive Director” and inserting instead “CEO”.
Division 4 — Pearling Act 1990
237. The Act amended
The amendments in this Division are to the Pearling Act 1990*.
[* Reprinted as at 3 November 2000.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 328.]
238. Section 3 amended
Section 3(1) is amended as follows:
(a) by inserting the following definitions in the appropriate alphabetical positions —
“
“CEO” means the chief executive officer of the Department;
“Department” has the meaning given by section 4(1) of the Fish Resources Management Act 1994;
”;
(b) by deleting the definitions of “Executive Director” and “the Department”;
(c) in the definition of “Fisheries Research and Development Fund” by deleting “established under section 35L of the Fisheries Act 1905” and inserting instead —
“
in existence under section 238 of the Fish Resources Management Act 1994
”.
239. Section 35 amended
Section 35(2) is amended by deleting “an inspector of fisheries appointed under section 5(1c) of the Fisheries Act 1905” and inserting instead —
“
a fisheries officer as defined in section 4(1) of the Fish Resources Management Act 1994
”.
240. Section 62A inserted
After section 62 the following section is inserted —
“
62A. Delegation by CEO
(1) The CEO may delegate to an employee of the Department any power or duty of the CEO under another provision of this Act.
(2) The delegation must be in writing signed by the CEO.
(3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
(4) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(5) Nothing in this section limits the ability of the CEO to perform a function through an officer or agent.
”.
241. Various references to Executive Director changed to CEO
Each provision listed in the Table to this section is amended by deleting “Executive Director” in each place where it occurs and inserting instead —
“ CEO ”.
Table
s. 8(5) |
s. 32(3), (4), (5)(a) and (b), (6) |
s. 12(1), (2) and (3) |
and (7) |
s. 16 |
s. 33(1), (2), (4) and (10)(b) |
s. 17(1) |
s. 34 |
s. 22(1), (2) and (3) |
s. 35(1) and (3) |
s. 23(1), (2), (5), (6), (7) and |
s. 37(3) and (4) |
(8) |
s. 38(2) |
s. 24(1) and (3) |
s. 52(1) |
s. 26(1) and (2)(a)(ii) |
s. 53(3) |
s. 27(2), (4), (5) and (6) |
s. 55(1), (2), (4), (5) and (6) |
s. 28(1) and (2) |
s. 61 |
s. 30(2) and (3) |
Sch. 3 cl. 4(1) |
s. 31(1)(c) |
Sch. 3 cl. 5 |
Note: The heading to section 12 will be altered by deleting “Executive Director” and inserting instead “CEO”.
Division 5 — Transitional provisions
242. References to the Executive Director
(1) After commencement, a reference in a written law that is, or is to be taken to be, to the Executive Director (as defined in the Fish Resources Management Act 1994 as in force before commencement) is to have effect as if it had been amended to be a reference to the CEO (as defined in the Fish Resources Management Act 1994 as in force after commencement).
(2) Subsection (1) does not apply if a contrary intention appears or the context otherwise requires.
(3) In this section —
“commencement” means the time at which section 232
Part 9 — Health
Division 1 — Dental Prosthetists Act 1985
243. The Act amended
The amendments in this Division are to the Dental Prosthetists Act 1985*.
[* Reprint 1 as at 2 May 2003.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 122.]
244. Section 3 amended
Section 3(1) is amended as follows:
(a) by inserting the following definition in the appropriate alphabetical position —
“
“CEO” has the meaning given by section 3 of the Health Legislation Administration Act 1984;
”;
(b) by deleting the definition of “Commissioner”.
245. Section 5 amended
Section 5(2)(b) is deleted and the following paragraph is inserted instead —
“
(b) 1 person shall be appointed on the nomination of the chief executive officer of the department as defined in section 5(1) of the Vocational Education and Training Act 1996;
”.
246. Sections 19A and 30A amended
Sections 19A(1)(b) and 30A are amended by deleting “Commissioner’s” and inserting instead —
“ CEO’s ”.
247. Various references to Commissioner changed to CEO
Each provision listed in the Table to this section is amended by deleting “Commissioner” in each place where it occurs and inserting instead —
“ CEO ”.
Table
s. 5(2)(c)(ii) |
s. 20(1), (2), (3) and (4) |
s. 12(1)(d) and (e) |
s. 22(1) and (2) |
s. 13(1), (2)(b) and (5) |
s. 23(1) |
s. 14(1), (2) and (3)(b) |
s. 24(b) and (c) |
s. 15(1) and (2) |
s. 26 |
s. 17 |
s. 27(1), (3) and (6) |
s. 18(1) |
s. 28(1)(b) and (2) |
s. 19A(1) and (2) |
s. 29(1), (2) and (3) |
s. 19B(1) and (2) |
s. 30(1) |
s. 19D(1) and (2)(b) |
s. 30A |
Division 2 — Health Act 1911
248. The Act amended
The amendments in this Division are to the Health Act 1911*.
[* Reprinted as at 31 March 2000.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 200‑1.]
249. Section 3 amended
Section 3(1) is amended as follows:
(a) by inserting the following definition in the appropriate alphabetical position —
“
“CEO” has the meaning given by section 3 of the Health Legislation Administration Act 1984;
”;
(b) by deleting the definition of “Commissioner”.
250. Heading to Part II Division 1 amended
The heading to Part II Division 1 is amended by deleting “Commissioner” and inserting instead —
“ CEO ”.
251. Various references to Commissioner changed to CEO
Each provision listed in the Table to this section is amended by deleting “Commissioner” in each place where it occurs and inserting instead —
“ CEO ”.
Table
s. 5(3) |
s. 344B |
s. 39(1) and (2) |
s. 349(1) |
s. 324A |
s. 351(1), (2) and (5) |
s. 330B(2) |
s. 354(8) |
s. 337A(2) |
s. 357 |
s. 340B(3)(c) |
s. 362(2) |
s. 340AB(3)(b), (3)(f) and |
s. 365(1) |
(4)(c) |
s. 366(1) and (2) |
s. 340BB(3)(b) |
s. 369(1)(c) |
s. 341(2) |
s. 372(2) |
s. 342(1)(b), (2) and (4) |
s. 376 |
s. 344(1)(b) |
s. 377(1) and (2) |
s. 344A(2) and (3) |
|
Note: The heading to section 324A will be altered by deleting “Commissioner” and inserting instead “CEO”.
Division 3 — Health Legislation Administration Act 1984
252. The Act amended
The amendments in this Division are to the Health Legislation Administration Act 1984*.
[* Reprinted as at 11 January 2002.]
253. Section 3 amended
Section 3 is amended as follows:
(a) by inserting the following definition in the appropriate alphabetical position —
“
“CEO” means the chief executive officer of the Department;
”;
(b) in the definition of “prescribed officer” by deleting “6(1)(a), (b)” and inserting instead —
“ 6(1)(b) ”.
254. Section 6 amended
Section 6(1)(a) is deleted.
255. Section 9 amended
Section 9(1) is amended by inserting after “the Minister” —
“ , the CEO ”.
Division 4 — Health Services (Conciliation and Review) Act 1995
256. The Act amended
The amendments in this Division are to the Health Services (Conciliation and Review) Act 1995*.
[* Reprint 2 as at 18 March 2005.]
257. Section 3 amended
(1) Section 3(1) is amended as follows:
(a) by inserting the following definition in the appropriate alphabetical position —
“
“Health Department” has the meaning given to “Department” by section 3 of the Health Legislation Administration Act 1984;
”;
(b) in the definition of “provider” by deleting paragraph (c) and inserting the following paragraph instead —
“
(c) the chief executive officer of the Health Department in respect of any health services provided or rendered by persons carrying out the functions of the Health Department, but not including a health service provided or rendered in a public hospital under the Hospitals and Health Services Act 1927;
”.
(2) Section 3(3) is amended as follows:
(a) in paragraph (b) by deleting “Commissioner of Health” and inserting instead —
“ chief executive officer of the Health Department ”;
(b) by deleting “Commissioner” and inserting instead —
“ chief executive officer ”.
258. Section 13 amended
Section 13(1) is amended by deleting “at the Treasury”.
259. Section 25 amended
Section 25(2) is amended by deleting “Commissioner of Health” and inserting instead —
“ chief executive officer of the Health Department ”.
Division 5 — Hospital Fund Act 1930
260. The Act amended
The amendment in this Division is to the Hospital Fund Act 1930*.
[* Reprint in Appendix to Session Volume 1937‑1938.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 206.]
261. Section 3 amended
Section 3(2) is amended by deleting “, to be kept at the Treasury”.
Division 6 — Hospitals and Health Services Act 1927
262. The Act amended
The amendments in this Division are to the Hospitals and Health Services Act 1927*.
[* Reprinted as at 15 October 1999.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 208.]
263. Section 2 amended
Section 2(1) is amended as follows:
(a) by inserting the following definition in the appropriate alphabetical position —
“
“CEO” has the meaning given by section 3 of the Health Legislation Administration Act 1984;
”;
(b) by deleting the definition of “Commissioner”.
264. Various references to Commissioner changed to CEO
Each provision listed in the Table to this section is amended by deleting “Commissioner” in each place where it occurs and inserting instead —
“ CEO ”.
Table
s. 26B(2), (3) and (4) |
s. 26J(1) |
s. 26C |
s. 26K(1)(c) |
s. 26D(1), (2), (4), (5)(a) |
s. 26N(1) and (3) |
and (b), (6) and (7) |
s. 26O(2)(a) |
s. 26DA(2), (3) and (4) |
s. 26R |
s. 26F(1) |
s. 26S(1) and (3) |
s. 26FA(1) |
s. 35A |
s. 26G(1), (3) and (4) |
s. 37(2f)(d) |
s. 26H(3) |
s. 38(1)(c) |
s. 26I(2) |
|
Note: The headings to sections 26G and 26S will be altered by deleting “Commissioner” and inserting instead “CEO”.
Division 7 — Human Reproductive Technology Act 1991
265. The Act amended
The amendments in this Division are to the Human Reproductive Technology Act 1991*.
[* Reprinted as at 12 July 2002.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 212‑13.]
266. Section 3 amended
(1) Section 3(1) is amended in the definition of “authorised officer” as follows:
(a) in paragraphs (a) and (d) by deleting “Commissioner of Health” and inserting instead —
“ CEO ”;
(b) in paragraph (b) by deleting “Commissioner” and inserting instead —
“ CEO ”.
(2) Section 3(1) is amended as follows:
(a) by inserting the following definition in the appropriate alphabetical position —
“
“CEO” has the meaning given by section 3 of the Health Legislation Administration Act 1984;
”;
(b) by deleting the definition commencing with “Commissioner of Health” and the definition of “Director‑General”.
267. Section 13 amended
Section 13(4) is amended by deleting “department of the Public Service of the State principally assisting the Minister in the administration of the Health Act 1911” and inserting instead —
“
Department as defined in section 3 of the Health Legislation Administration Act 1984
”.
268. Section 37 amended
Section 37(1a) is amended by deleting “Commission of Health” and inserting instead —
“ CEO ”.
269. Sections 53ZC and 53ZI amended
Sections 53ZC(1)(c) and 53ZI(c) are amended by deleting “Commissioner as defined in section 3(1) of the Health Act 1911” and inserting instead —
“ CEO ”.
270. Various references to Commissioner of Health changed to CEO
(1) Each provisi
“ CEO ”.
Table
s. 3(5)(c) |
s. 37(1) |
s. 5(1), (2) and (5) |
s. 38(1), (1a) and (1b) |
s. 6(4) |
s. 40(1), (2) and (3) |
s. 10(2) |
s. 41(1) and (3) |
s. 11(1)(c) |
s. 42(1) and (3) |
s. 12(2)(b) |
s. 43(1) |
s. 13(1) and (4) |
s. 44(1), (2), (3), (4) and (5) |
s. 14(1)(b) |
s. 45(1) |
s. 15(4) |
s. 46(3)(b) |
s. 19(2)(b)(ii) |
s. 47(1) |
s. 25(c) |
s. 48 |
s. 26(2) |
s. 49(2e)(b), (2f) and (4)(a) |
s. 27(1) |
s. 50(1)(a) |
s. 28A(1) |
s. 51(5) and (6) |
s. 29(1), (3), (4), (5), (6), (7) |
s. 53(4) |
and (8) |
s. 53ZQ(4) |
s. 30(1)(a) and (4)(a) |
s. 54(3)(a) and (6) |
s. 31(1) |
s. 56(1)(a) |
s. 32(1), (2) and (3) |
s. 57(1), (4), (5), (7), (8), (9) |
s. 35(1) |
and (10) |
s. 36(1), (2), (2a), (2b), (2c) |
s. 59(1), (2) and (4) |
and (3) |
s. 61(1)(b) |
s. 36A |
Sch. cl. 11(1) |
(2) Each provision listed in the Table to this subsection is amended by deleting “Commissioner” in each place where it occurs and inserting instead —
“ CEO ”.
Table
s. 5(2), (6), (7), (8) and (9) |
s. 33(2)(f), (g), (h) and (j) |
(defn. of “information”) |
s. 37(1), (2) and (3) |
s. 10(2) |
s. 38(1), (1a) and (1b) |
s. 11(1) and (2)(a) |
s. 40(1) |
s. 12(2)(b) and (c) |
s. 41(2) and (3) |
s. 13(2), (3), (4), (6), (7) and (8) |
s. 42(1) |
s. 14(3)(b) |
s. 44(4) and (5) |
s. 20(5)(a) |
s. 51(5) and (6) |
s. 27(4)(a) |
s. 57(4) |
s. 28(1) |
s. 59(4) |
s. 29(1)(c), (2) and (3) |
s. 60(3) and (4)(b) |
s. 30(1) and (2)(b) |
Sch. cl. 11(1) and (2) |
s. 32(1) |
|
Note: The heading to section 13 will be altered by deleting “Commissioner of Health” and inserting instead “CEO”.
Division 8 — Medical Act 1894
271. The Act amended
The amendments in this Division are to the Medical Act 1894*.
[* Reprinted as at 25 February 2000.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 277‑8.]
272. Section 4 amended
Section 4(1a)(d) is amended by deleting “chief executive officer of the department principally assisting the Minister charged with the administration” and inserting instead —
“ Commissioner as defined in section 4(1) ”.
Division 9 — Mental Health Act 1996
273. The Act amended
The amendments in this Division are to the Mental Health Act 1996*.
[* Reprint 1 as at 6 August 2004.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 279.]
274. Section 3 amended
Section 3 is amended as follows:
(a) by inserting the following definition in the appropriate alphabetical position —
“
“CEO” has the meaning given by section 3 of the Health Legislation Administration Act 1984;
”;
(b) by deleting the definition of “Commissioner”.
275. Various references to Commissioner changed to CEO
Each provision listed in the Table to this section is amended by deleting “Commissioner” in each place where it occurs and inserting instead —
“ CEO ”.
Table
s. 10(a) and (e) |
s. 173(1) and (2) |
s. 11 |
s. 174(1), (3) and (4)(g) |
Note: The headings to sections 11 and 173 will be altered by deleting “Commissioner” and inserting instead “CEO”.
Division 10 — Nurses Act 1992
276. The Act amended
The amendments in this Division are to the Nurses Act 1992*.
[* Reprint 2 as at 20 February 2004.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 309.]
277. Section 4 amended
Section 4 is amended as follows:
(a) by inserting the following definition in the appropriate alphabetical position —
“
“CEO” has the meaning given by section 3 of the Health Legislation Administration Act 1984;
”;
(b) in the definition of “designated area” by deleting “Commissioner of Health” and inserting instead —
“ CEO ”.
278. Section 9 amended
Section 9(2a) is amended by deleting “Commissioner of Health (within the meaning of the Health Act 1911)” and inserting instead —
“ CEO ”.
Division 11 — Poisons Act 1964
279. The Act amended
The amendments in this Division are to the Poisons Act 1964*.
[* Reprint 6 as at 10 September 2004.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 347.]
280. Section 5 amended
Section 5(1) is amended as follows:
(a) by inserting the following definition in the appropriate alphabetical position —
“
“CEO” has the meaning given by section 3 of the Health Legislation Administration Act 1984;
”;
(b) by deleting the definition of “Commissioner of Health”.
281. Section 55E amended
(1) Section 55E(1) is amended by deleting “Commissioner of Health’s” and inserting instead —
“ CEO’s ”.
(2) Section 55E(1), (2) and (3) are amended by deleting “Commissioner” in each place where it occurs and inserting instead —
“ CEO ”.
282. Various references to Commissioner of Health changed to CEO
Each provision listed in the Table to this section is amended by deleting “Commissioner of Health” in each place where it occurs and inserting instead —
“ CEO ”.
Table
s. 7(1) |
s. 40(ba) |
s. 8(2)(a) and (4) |
s. 41A(1) and (2) |
s. 19 |
s. 50(3) |
s. 23(2) and (4) |
s. 59 |
s. 24(1), (2), (3), (4), (5) and (6) |
s. 61(b)(v) |
s. 25(1) and (2) |
s. 61A |
s. 26A(1)(b), (2) and (3) |
s. 61B |
s. 26B(2) and (3) |
s. 63(1) |
s. 27 |
s. 64(1a), (2)(ha), (hb), (ja) |
s. 28 |
and (r) |
s. 29(1) |
s. 64B |
s. 36A |
|
Note: The headings to sections 28 and 29 will be altered by deleting “Commissioner of Health” and inserting instead “CEO”.
Division 12 — Tobacco Control Act 1990
283. The Act amended
The amendments in this Division are to the Tobacco Control Act 1990*.
[* Reprinted as at 2 November 2001.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 453.]
284. Section 4 amended
Section 4 is amended as follows:
(a) by inserting the following definition in the appropriate alphabetical position —
“
“CEO (Health)” has the meaning given to “CEO” by section 3 of the Health Legislation Administration Act 1984;
”;
(b) by deleting the definition of “the Commissioner of Health”.
285. Section 17 amended
(1) Section 17(1) is amended by deleting paragraph (h) and inserting the following paragraph instead —
“
(h) one shall be the CEO (Health) or the nominee of the CEO (Health);
”.
(2) Section 17(8)(b) is amended by deleting “Commissioner of Health” and inserting instead —
“ CEO (Health) ”.
286. Section 19 amended
Section 19 is amended by deleting “Public Service Commissioner” and inserting instead —
“ Minister for Public Sector Management ”.
287. Section 26 amended
Section 26(3) is amended by deleting “at the Treasury”.
288. Section 29 amended
Section 29 is amended by deleting “Commissioner of Health” and inserting instead —
“ CEO (Health) ”.
Division 13 — Transitional provisions
289. Commissioner of Health
(1) A thing done or omitted to be done by, to or in relation to, the Commissioner of Health before commencement under, or for the purposes of, an enactment has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done or omitted by, to or in relation to, the CEO.
(2) In this section —
“CEO” has the meaning given by section 3 of the Health Legislation Administration Act 1984 as in force after commencement;
“commencement” means the time at which this Division comes into operation;
“Commissioner of Health” means the Commissioner of Health referred to in section 6(1)(a) of the Health Legislation Administration Act 1984 as in force before commencement.
Part 10 — Housing and Works, and Heritage
Division 1 — Country Housing Act 1998
290. The Act amended
The amendments in this Division are to the Country Housing Act 1998*.
[* Reprinted as at 13 December 2002.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 99‑100 and Act No. 49 of 2004.]
291. Section 9A inserted
Before section 10 the following section is inserted —
“
9A. Authority to be an SES organisation
The Authority is to be an SES organisation under the Public Sector Management Act 1994.
”.
292. Section 11 amended
Section 11(3) is amended in paragraphs (b) and (c) by deleting “with the approval of the Minister,”.
293. Section 13 amended
Section 13(2) is deleted and the following subsections are inserted instead —
“
(2) The Minister must cause a copy of a direction under subsection (1) to be laid before each House of Parliament, or dealt with under subsection (3), within 14 days after the direction is given.
(3) If —
(a) at the commencement of the period referred to in subsection (2) a House of Parliament is not sitting; and
(b) the Minister is of the opinion that that House will not sit during that period,
the Minister is to transmit a copy of the direction to the Clerk of that House.
(4) A copy of a direction transmitted to the Clerk of a House is to be taken to have been laid before that House.
(5) The laying of a copy of a direction that is regarded as having occurred under subsection (4) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy.
(6) The text of a direction under subsection (1) is to be included in the annual report submitted by the accountable authority of the Authority under section 66 of the Financial Administration and Audit Act 1985.
”.
294. Section 15 amended
Section 15(2) is amended by deleting “at the Treasury”.
Division 2 — Government Employees’ Housing Act 1964
295. The Act amended
The amendments in this Division are to the Government Employees’ Housing Act 1964*.
[* Reprinted as at 8 December 2000.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 189.]
296. Long title amended
The long title is amended by deleting “; to provide for the establishment of the Government Employees’ Housing Authority;”.
297. Section 4 amended
Section 4 is amended as follows:
(a) after paragraph (a) by inserting —
“ and ”;
(b) after paragraph (b) by deleting “; and” and inserting a full stop;
(c) by deleting paragraph (c).
298. Section 5 amended
Section 5 is amended as follows:
(a) by deleting the definition of “Authority” and inserting instead —
“
“Authority” means the Housing Authority referred to in section 6(4) of the Housing Act 1980;
”;
(b) in the definition of “Fund” by deleting “Authority”;
(c) by deleting the definition of “permanent head”.
299. Section 6 repealed
Section 6 is repealed.
300. Part II repealed
Part II is repealed.
301. Section 18 amended
Section 18(1) and (2) are amended by deleting “permanent head” and inserting instead —
“ chief executive officer of a Department ”.
302. Section 19 amended
Section 19 is amended by inserting after “powers conferred on the Authority by this” —
“ or any other ”.
303. Section 21 repealed
Section 21 is repealed.
304. Section 23 amended
Section 23(a) is amended by deleting “for the purposes of this Act”.
305. Section 24 amended
Section 24(1) is amended as follows:
(a) by deleting “and kept at the Treasury, forming” and inserting instead —
“ , as ”;
(b) by deleting “Authority” in the first place where it occurs.
Note: The heading to section 24 will be altered by deleting “Authority”.
306. Section 25 repealed
Section 25 is repealed.
Division 3 — Heritage of Western Australia Act 1990
307. The Act amended
The amendments in this Division are to the Heritage of Western Australia Act 1990*.
[* Reprinted as at 1 June 2001.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 203.]
308. Section 14 amended
(1) Section 14(2)(a) is amended by deleting “for those purposes”.
(2) Section 14(4) is amended by deleting “at the Treasury”.
Division 4 — Housing Act 1980
309. The Act amended
The amendments in this Division are to the Housing Act 1980*.
[* Reprinted as at 27 May 1999.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 209.]
310. Long title amended
The long title is amended by deleting “preserve and continue The State Housing Commission” and inserting instead —
“
provide for the Housing Authority by merging the Government Employees’ Housing Authority into The State Housing Commission
”.
311. Section 5 amended
Section 5(1)(a) is amended as follows:
(a) by inserting the following definitions in the appropriate alphabetical positions —
“
“Authority” means the Housing Authority referred to in section 6(4);
“officer of the Authority” means —
(a) the chief executive officer of the Authority;
(b) an officer referred to in section 17(b); and
(c) an officer or employee referred to in section 18A(1) whose services the Authority is making use of;
”;
(b) in the definition of “the Fund” by deleting “The State” and inserting instead —
“ the ”;
(c) by deleting the definitions of “appointed member”, “chairman”, “member”, “officer of the Commission” and “the Commission”.
312. Heading to Part II amended
The heading to Part II is amended by deleting “Commission” and inserting instead —
“ Authority ”.
313. Heading to Part II Division 1 replaced
The heading to Part II Division 1 is deleted and the following heading is inserted instead —
“
Division 1 — The Housing Authority
”.
314. Section 6 amended
(1) Section 6 is amended by inserting before “The” the subsection designation “(1)”.
(2) At the end of section 6 the following subsections are inserted —
“
(2) At the merger time the former body merges into The State Housing Commission.
(3) The State Housing Commission, as renamed by subsection (4), is a continuation of the former body.
(4) Immediately after the merger time The State Housing Commission is renamed as the Housing Authority.
(5) In this section —
“former body” means the Government Employees’ Housing Authority established by section 8 of the Government Employees’ Housing Act 1964 as in force before the merger time;
“merger time” means the time at which section 314
”.
315. Section 7 amended
Section 7(2) is amended by inserting before “affixed” in the first place where it occurs —
“ or the former body (within the meaning of section 6) ”.
316. Sections 8 to 10 replaced
Sections 8, 9 and 10 are repealed and the following sections are inserted instead —
“
8. Authority to be an SES organisation
The Authority is to be an SES organisation under the Public Sector Management Act 1994.
9. Management
(1) The Authority is to be governed by its chief executive officer.
(2) The chief executive officer, in the name of the Authority, is to perform the functions of the Authority under this Act or any other written law.
”.
317. Heading to Part II Division 2 amended
The heading to Part II Division 2 is amended by deleting “Commission” and inserting instead —
“ Authority ”.
318. Section 11 amended
(1) Section 11(1) is amended by inserting after “Act” —
“ and the Government Employees’ Housing Act 1964 ”.
(2) Section 11(2) and (3) are repealed.
319. Sections 11A and 11B inserted
After section 11 the following sections are inserted —
“
11A. Minister may give directions
(2) The Minister must cause a copy of a direction under subsection (1) to be laid before each House of Parliament, or dealt with under subsection (3), within 14 days after the direction is given.
(3) If —
(a) at the commencement of the period referred to in subsection (2) a House of Parliament is not sitting; and
(b) the Minister is of the opinion that that House will not sit during that period,
the Minister is to transmit a copy of the direction to the Clerk of that House.
(4) A copy of a direction transmitted to the Clerk of a House is to be taken to have been laid before that House.
(5) The laying of a copy of a direction that is regarded as having occurred under subsection (4) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy.
(6) The text of a direction under subsection (1) is to be included in the annual report submitted by the accountable authority of the Authority under section 66 of the Financial Administration and Audit Act 1985.
11B. Minister to have access to information
(1) The Minister is entitled —
(a) to have information in the possession of the Authority; and
(b) if the information is in or on a document, to have, and make and retain copies of, that document.
(2) For the purposes of subsection (1) the Minister may —
(a) request the Authority to furnish information to the Minister;
(c) for the purposes of paragraph (b) make use of the staff of the Authority to obtain the information and furnish it to the Minister.
(3) The Authority has to comply with a request under subsection (2) and make staff and facilities available to the Minister for obtaining information under subsection (2)(c).
(4) In this section —
“document” includes any tape, disk or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise;
“information” means information specified, or of a description specified, by the Minister that relates to the functions of the Authority under this or any other Act.
”.
320. Section 12 amended
Section 12 is amended by inserting after “for the purposes of this Act” —
“ and the Government Employees’ Housing Act 1964 ”.
321. Section 12A amended
(1) Section 12A(1) is amended by inserting after “the objects of this Act” —
“ or the Government Employees’ Housing Act 1964 ”.
(2) Section 12A(4) is amended by inserting after “exercise under this Act” —
“ or the Government Employees’ Housing Act 1964 ”.
322. Section 13 amended
Section 13(1) is amended as follows:
(a) by inserting after “under this Act” —
“ or the Government Employees’ Housing Act 1964 ”.
(b) by deleting “a member or”.
323. Section 16 amended
Section 16(1) is amended by inserting after “this Act” —
“ or the Government Employees’ Housing Act 1964 ”.
324. Heading to Part II Division 3 amended
The heading to Part II Division 3 is amended by deleting “Commission” and inserting instead —
“ Authority ”.
325. Section 17 amended
(1) Section 17 is amended as follows:
(a) by inserting before “To enable” the subsection designation “(1)”;
(b) in paragraph (a) by deleting “general manager” and inserting instead —
“ chief executive officer ”;
(c) in paragraph (b) by deleting “, employed or engaged,”;
(d) in paragraph (b) by deleting “, employees and other persons”.
(2) At the end of section 17 the following subsections are inserted —
“
(2) The chief executive officer of the Authority cannot be excluded from the Senior Executive Service under section 43(3) of the Public Sector Management Act 1994.
(3) The chief executive officer is responsible for, and has the necessary powers to administer, the day to day operations of the Authority.
”.
326. Section 18A inserted
After section 18 the following section is inserted in Part II —
“
18A. Use of other staff and facilities
(1) The Authority may by arrangement with the relevant employing authority make use, either full‑time or part‑time, of the services of any officer or employee —
(a) in the Public Service;
(b) in a State agency or instrumentality; or
(c) otherwise in the service of the State.
(2) The Authority may by arrangement with —
(a) a department of the Public Service; or
(b) a State agency or instrumentality,
make use of any facilities of the department, agency or instrumentality.
(3) An arrangement under subsection (1) or (2) is to be made on such terms as are agreed to by the parties.
(4) In this section, “employing authority”, “Public Service” and other expressions used in the Public Sector Management Act 1994 have the same respective meanings as they have in that Act.
”.
327. Section 22 amended
Section 22(3) is amended by deleting “this Act” and inserting instead —
“ this or any other Act ”.
328. Heading to Part IV amended
The heading to Part IV is amended by deleting “Commission” and inserting instead —
“ Authority ”.
329. Section 50 amended
Section 50(3) is amended as follows:
(a) by inserting after “this Act” in the first place where it occurs —
“ or the Government Employees’ Housing Act 1964 ”.
(b) by deleting “this Act” in the second place where it occurs and inserting instead —
“ those Acts ”.
330. Section 62 amended
(1) Section 62(1) is amended by deleting “for that purpose”.
(2) Section 62(2) is amended by deleting “at the Treasury”.
(3) Section 62(2), (4), (5), (6) and (8) are amended by deleting “The State” and inserting instead —
“ the ”.
331. Section 69 replaced
Section 69 is repealed and the following section is inserted instead —
“
69. Protection from personal liability
(1) An action in tort does not lie against a person other than the Authority for anything that the person has done, in good faith, in the performance or purported performance of a function under this Act.
(2) The protection given by subsection (1) applies even though the thing done as described in that subsection may have been capable of being done whether or not this Act had been enacted.
(3) Despite subsection (1), neither the Authority nor the Crown is relieved of any liability that it might have for another person having done anything as described in that subsection.
(4) In this section, a reference to the doing of anything includes a reference to an omission to do anything.
”.
332. References to Commission changed to
Each provision that contains a reference to the Commission (other than Part IX and provisions deleted or repealed by this Division) is amended by deleting “Commission” in each place where it occurs and inserting instead —
“ Authority ”.
Note: The heading to section 6 will be altered to read “The Housing Authority”.
The heading to section 11 will be altered to read “Authority to implement housing Acts”.
The heading to section 17 will be altered to read “Chief executive officer of the Authority and other officers and employees”.
The heading to section 44 will be altered by deleting “Commission’s” and inserting instead “Authority’s”.
The headings to sections 7, 12, 37, 45, 46, 49 and 60 will be altered by deleting “Commission” and inserting instead “Authority”.
Division 5 — Public Works Act 1902
333. The Act amended
The amendments in this Division are to the Public Works Act 1902*.
[* Reprinted as at 1 June 2001.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 372.]
334. Section 2 amended
Section 2 is amended in the definition of “Public work” by inserting after paragraph (9) the following paragraph —
“
(9a) Public housing.
”.
335. Section 9E amended
Section 9E(2)(a) is amended by deleting “for the purposes of this Part”.
Division 6 — Transitional matters
336. Financial reporting
(1) Despite the continuation of the former bodies as part of the Housing Authority, section 65A of the Financial Administration and Audit Act 1985 applies in relation to the preparation and submission of a final report in respect of the former body as if —
(a) at commencement, it were abolished;
(b) references in that section to a department were references to the former body; and
(c) references in that section to provisions of sections 62 to 65 of the Financial Administration and Audit Act 1985 were references to the equivalent provisions of sections 66 to 70 of that Act,
except that —
(d) the period to which the final report is to relate is the final period; and
(e) the references in sections 66(1), 68 and 70(1) to the end of the financial year are to be read as references to the end of the final period.
(2) If at commencement, any duty imposed by Part II Division 14 of the Financial Administration and Audit Act 1985 on the accountable authority of the former body has not been complied with in relation to the former body for any financial year that expired before commencement, that duty subsists and is to be performed by the reporting officer as if the reporting officer were the accountable authority.
(3) The time within which the reporting officer is to perform a duty referred to in subsection (2) is extended until the end of the day that is 2 months after the day on which the reporting officer is appointed, but this subsection does not prevent the time from being extended again under section 70 of the Financial Administration and Audit Act 1985.
(4) The Housing Authority is to give the reporting officer access to all records necessary for the purposes of this section.
(5) In this section —
“final period” means the period starting at the beginning of the 1 July immediately before commencement and ending immediately before commencement;
“reporting officer” means the person appointed under section 65A(2) of the Financial Administration and Audit Act 1985 as applied because of subsection (1).
337. References to former bodies
After commencement, a reference to the former body in an instrument or other document is to be taken to be a reference to the Housing Authority unless the contrary intention appears or the context otherwise requires.
338. Government Employees’ Housing Act 1964
(1) The Government Employees’ Housing Fund referred to in section 24(1) of the Government Employees’ Housing Act 1964 as in force after commencement is a continuation of the Government Employees’ Housing Authority Fund referred to in that section as in force before commencement.
(2) After commencement, a reference to the Government Employees’ Authority Housing Fund in an instrument or other document is to be taken to be a reference to the Government Employees’ Housing Fund referred to in section 24(1) of the Government Employees’ Housing Act 1964 as in force after commencement unless the contrary intention appears or the context otherwise requires.
339. Housing Act 1980
(1) After commencement, a reference to The State Housing Commission in an instrument or other document is to be taken to be a reference to the Housing Authority unless the contrary intention appears or the context otherwise requires.
(2) The office of chief executive officer of the Housing Authority is a continuation of the office of general manager of The State Housing Commission referred to in the Housing Act 1980 as in force before commencement.
(3) The Housing Authority Fund referred to in section 62(2) of the Housing Act 1980 as in force after commencement is a continuation of The State Housing Commission Fund referred to in that subsection as in force before commencement.
(4) After commencement, a reference to The State Housing Commission Fund in an instrument or other document is to be taken to be a reference to the Housing Authority Fund referred to in section 62(2) of the Housing Act 1980 as in force after commencement unless the contrary intention appears or the context otherwise requires.
(5) Section 69 of the Housing Act 1980, as in force before commencement, continues to apply in relation to things done or omitted to be done and agreements entered into before commencement.
340. Interpretation
In this Division —
“commencement” means the time at which section 314 comes into operation;
“former body” means —
(a) the Country Housing Authority established by section 4 of the Country Housing Act 1998 as in force before commencement;
(b) the Government Employees’ Housing Authority established by section 8 of the Government Employees’ Housing Act 1964 as in force before commencement;
“Housing Authority” means the Housing Authority referred to in section 6(4) of the Housing Act 1980 as in force after commencement.
Part 11 — Indigenous Affairs
Division 1 — Aboriginal Affairs Planning Authority Act 1972
341. The Act amended
The amendments in this Division are to the Aboriginal Affairs Planning Authority Act 1972*.
[* Reprinted as at 5 February 1999.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 2.]
342. Long title
The long title is amended by deleting “, a Commissioner for Aboriginal Planning”.
343. Section 4 amended
Section 4 is amended as follows:
(a) by inserting the following definitions in the appropriate alphabetical positions —
“
“CEO” means the chief executive officer of the Department;
“Department” means the department of the Public Service principally assisting in the administration of this Act;
”;
(b) by deleting the definitions of “Commissioner” and “the Department”.
344. Section 10 repealed
Section 10 is repealed.
345. Section 16 repealed
Section 16 is repealed.
346. Section 17 amended
Section 17 is amended by deleting “Commissioner, or deputy of the Commissioner” and inserting instead —
“ CEO ”.
347. Section 19 amended
Section 19(1) is amended as follows:
(a) in paragraph (a) by deleting “Commissioner, or in his absence the deputy of the Commissioner” and inserting instead —
“ CEO ”;
(b) by deleting paragraph (c) and inserting the following paragraph instead —
“
(c) the chief executive officer of each of the following —
(i) the department of the Public Service for which the Under Treasurer is the chief executive officer;
(ii) the Department as defined in section 3 of the Health Legislation Administration Act 1984;
(iii) the Department as defined in section 3 of the Children and Community Services Act 2004;
(iv) the department referred to in section 228 of the School Education Act 1999;
(v) the Housing Authority.
”;
(c) in paragraph (c)(iii) by deleting “Community Services Act 1972” and inserting instead —
“ Children and Community Services Act 2004 ”.
348. Section 43 amended
(1) Section 43(1) is amended as follows:
(a) in paragraph (a) by deleting “for the purpose”;
(b) after paragraph (e) by deleting “and”;
(c) after paragraph (f) by deleting the full stop and inserting —
“
; and
(g) any other moneys lawfully received by, made available to, or payable to the Authority.
”.
(2) Section 43(2) is amended by deleting “at the Treasury”.
349. Various references to Commissioner changed to CEO
Each provision listed in the Table to this section is amended by deleting “Commissioner” in each place where it occurs and inserting instead —
“ CEO ”.
Table
s. 11(1) and (2) |
s. 39(2) and (4) |
s. 14(4)(a) |
s. 40(a) |
s. 31(2) |
s. 47(b) |
s. 37 |
First Sch. cl. 6 |
Note: The heading to section 11 will be altered by deleting “Commissioner” and inserting instead “CEO”.
Division 2 — Transitional provisions
350. Aboriginal Affairs Planning Authority Act 1972
(1) A thing done or omitted to be done by, to or in relation to the Commissioner before commencement has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done or omitted by, to or in relation to the CEO.
(2) Section 35(5) of the Aboriginal Affairs Planning Authority Act 1972 (as in force before commencement) continues to apply in relation to things done or omitted to be done before commencement by the Director‑General of the department established under section 4 of the Community Services Act 1972 (as in force immediately before commencement).
(3) In this section —
“CEO” has the meaning given by section 4 of the Aboriginal Affairs Planning Authority Act 1972 as in force after commencement;
“commencement” means the time at which section 342 comes into operation;
“Commissioner” has the meaning given to “Commissioner for Aboriginal Affairs” by section 10 of the Aboriginal Affairs Planning Authority Act 1972 as in force before commencement.
Part 12 — Local Government and Regional Development, and Land Information
Division 1 — Animal Welfare Act 2002
351. The Act amended
The amendments in this Division are to the Animal Welfare Act 2002*.
[* Act No. 33 of 2002.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 23.]
352. Section 5 amended
Section 5(1) is amended as follows:
(a) by inserting the following definition in the appropriate alphabetical position —
“
“CEO” means the chief executive officer of the Department;
”;
(b) by deleting the definition of “Director General”.
353. Section 90 amended
Section 90(2) is amended by deleting “Director General’s” and inserting instead —
“ CEO’s ”.
354. Various references to Director General changed to CEO
Each provision listed in the Table to this section is amended by deleting “Director General” in each place where it occurs and inserting instead —
“ CEO ”.
Table
s. 18(1), (2) and (4) |
s. 44(11) (defn. “owner”) |
s. 33(1), (2), (3), (4) and (5) |
s. 55(5) |
s. 34(1), (2), (3) and (4) |
s. 82(1) and (4) |
s. 35(2) and (4)(b) |
s. 83(1), (2) and (4) |
s. 36(1) and (3) |
s. 89 |
s. 37(1)(d) and (2)(c) |
s. 90(1) and (2) |
Note: The heading to section 89 will be altered by deleting “Director General” and inserting instead “CEO”.
Division 2 — Control of Vehicles (Off‑road Areas) Act 1978
355. The Act amended
The amendments in this Division are to the Control of Vehicles (Off‑road Areas) Act 1978*.
[* Reprinted as at 2 August 2002.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 93‑4 and Act No. 49 of 2004.]
356. Section 3 amended
Section 3(1) is amended by deleting the definition of “departmental adviser”.
357. Section 21 amended
Section 21(8) is repealed.
358. Section 22 repealed
Section 22 is repealed.
359. Section 38 amended
Section 38(2) is amended by deleting paragraphs (a), (b), (c) and (d) and inserting the following paragraphs instead —
“
(a) an inspector, under the Environmental Protection Act 1986;
(b) a conservation and land management officer, forest officer, wildlife officer or ranger, under the Conservation and Land Management Act 1984;
”.
Division 3 — Local Government Act 1995
360. The Act amended
The amendments in this Division are to the Local Government Act 1995*.
[* Reprint 2 as at 2 April 2004.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 266 and Act No. 49 of 2004.]
361. Section 1.4 amended
Section 1.4 is amended as follows:
(a) by inserting the following definition in the appropriate alphabetical position —
“
“Departmental CEO” means the chief executive officer of the Department;
”;
(b) by deleting the definition of “Executive Director”.
362. Section 9.58 amended
Section 9.58(4)(b) is deleted and the following paragraph is inserted instead —
“
(b) lodge with the Commissioner as defined in section 4(1) of the Consumer Affairs Act 1971,
”.
363. Section 9.67 amended
Section 9.67(1) is amended by deleting “the Executive Director’s” and inserting instead —
“ the Departmental CEO’s ”.
364. Various references to Executive Director changed to Departmental CEO
Each provision listed in the Table to this section is amended by deleting “Executive Director” in each place where it occurs and inserting instead —
“ Departmental CEO ”.
Table
s. 7.7 |
s. 8.36(1) |
s. 7.8(2) |
s. 8.41(2) |
s. 8.1 |
s. 8.43(2) |
s. 8.2(1) |
s. 8.44 |
s. 8.3(1), (2), (3) and (4) |
s. 9.45 |
s. 8.4(2) and (4) |
s. 9.66(1) |
s. 8.13(3) and (4) |
s. 9.67(1) |
s. 8.14(1) and (2) |
Sch. 2.5 cl. 10 |
s. 8.35(3) |
|
Note: The headings to sections 7.7, 8.2, 8.3 and 9.67 will be altered by deleting “Executive Director” and inserting instead “Departmental CEO”.
Division 4 — Local Government Grants Act 1978
365. The Act amended
The amendments in this Division are to the Local Government Grants Act 1978*.
[* Reprinted as at 1 March 2002.
For subsequent amendments see Act No. 49 of 2004.]
366. Section 3 amended
Section 3 is amended by inserting the following definition in the appropriate alphabetical position —
“
“Department” has the meaning given by section 1.4 of the Local Government Act 1995;
”.
367. Section 5 amended
Section 5(1)(b) is amended by deleting “of Local Government of the State”.
368. Section 6 amended
Section 6(2)(f) is amended by deleting “of Local Government”.
Division 5 — Regional Development Commissions Act 1993
369. The Act amended
The amendments in this Division are to the Regional Development Commissions Act 1993*.
[* Reprinted as at 26 November 1999.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 382‑3 and Act No. 49 of 2004.]
370. Section 3 amended
Section 3(1) is amended by deleting the definition of “Department”.
371. Section 31 amended
Section 31(2) is amended by deleting “at the Treasury”.
Division 6 — Valuation of Land Act 1978
372. The Act amended
The amendments in this Division are to the Valuation of Land Act 1978*.
[* Reprinted as at 15 June 2001.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 475.]
373. Section 4 amended
Section 4(1) is amended in the definition of “unimproved value” in paragraph (b)(iv) by deleting “Forests Department” and inserting instead —
“
Department (as defined in section 3 of the Conservation and Land Management Act 1984)
”.
Part 13 — Planning and Infrastructure
Division 1 — Land Administration Act 1997
374. The Act amended
The amendments in this Division are to the Land Administration Act 1997*.
[* Reprinted as at 22 June 2001.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 240-1.]
375. Section 3 amended
Section 3(1) is amended in the definition of “authorised land officer” by deleting “public service officer of the Department” and inserting instead —
“ a person ”.
376. Section 8 amended
(1) Section 8(1) is amended in the definition of “the Program” by deleting “within the Department”.
(2) Section 8(8) is amended by deleting “the Department” and inserting instead —
“
the department of the Public Service principally assisting in the administration of the Program
”.
377. Section 30 amended
(1) Section 30 is amended as follows:
(a) by inserting before “The Minister” the subsection designation “(1)”;
(b) by deleting “public service officer of the Department” and inserting instead —
“ person employed in or by a public authority ”.
(2) At the end of section 30 the following subsection is inserted —
“
(2) In this section —
“public authority” means —
(a) a department of the Public Service; or
(b) a body, whether corporate or unincorporate, established for a public purpose under a written law.
”.
378. Section 202 amended
After section 202(3) the following subsection is inserted —
“
(4) In subsection (2)(b) —
“Department” means the department of the Public Service principally assisting in the administration of the TLA.
”.
379. Section 259 amended
Section 259(2) is amended by inserting after “delegate of the Minister” —
“ , an authorised land officer ”.
Division 2 — Main Roads Act 1930
380. The Act amended
The amendments in this Division are to the Main Roads Act 1930*.
[* Reprinted as at 28 January 2000.]
381. Section 31 amended
Section 31(1) is amended as follows:
(a) by deleting “maintained at the Treasury,”;
(b) in paragraph (a) by deleting “for the purposes of this Act”;
(c) at the end of paragraph (c) by deleting “and”;
(d) after paragraph (d) by deleting the full stop and inserting instead —
“
; and
(e) any other moneys lawfully received by, made available to, or payable to the Commissioner.
”.
Division 3 — Western Australian Coastal Shipping Commission Act 1965
382. The Act amended
The amendments in this Division are to the Western Australian Coastal Shipping Commission Act 1965*.
[* Reprinted as at 8 March 2002.]
383. Section 25 amended
(1) Section 25(1)(a) is amended by deleting “for that purpose”.
(2) Section 25(2)(a) is amended by deleting “at the Treasury”.
Division 4 — Western Australian Marine (Sea Dumping) Act 1981
384. The Act amended
The amendments in this Division are to the Western Australian Marine (Sea Dumping) Act 1981*.
[* Reprint 1 as at 6 August 2004.]
385. Section 14 amended
Section 14(8)(c)(i) is amended by deleting “Department of Fisheries and Wildlife” and inserting instead —
“
CEO as defined in section 4(1) of the Fish Resources Management Act 1994
”.
Part 14 — Police and Emergency Services
Division 1 — Bush Fires Act 1954
386. The Act amended
The amendments in this Division are to the Bush Fires Act 1954*.
[* Reprint 6 as at 1 August 2003
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 48.]
387. Section 7 amended
Section 7(1) is amended by inserting the following definitions in the appropriate alphabetical positions —
“
“CALM Act CEO” has the meaning given to “CEO” by section 3 of the Conservation and Land Management Act 1984;
“CALM Act Department” has the meaning given to “Department” by section 3 of the Conservation and Land Management Act 1984;
”.
388. Section 28 amended
Section 28(4)(a) and (b) are amended by deleting “Executive Director of the Department of Conservation and Land Management” and inserting instead —
“ CALM Act CEO ”.
389. Section 34 amended
Section 34(2) is amended as follows:
(a) in paragraphs (a) and (b) by deleting “Executive Director of the Department of Conservation and Land Management” and inserting instead —
“ CALM Act CEO ”;
(b) in paragraph (a) by deleting “Executive Director” in the second and third places where it occurs and inserting instead —
“ CALM Act CEO ”.
390. Section 37 amended
Section 37(2)(a) and (b) are amended by deleting “Department of Conservation and Land Management” and inserting instead —
“ CALM Act Department ”.
391. Section 58 amended
Section 58(3) is amended by deleting “Executive Director of the Department of Conservation and Land Management” and inserting instead —
“ CALM Act CEO ”.
392. Section 66 amended
Section 66(1)(b)(iii) is amended as follows:
(a) by deleting “Executive Director of the Department of Conservation and Land Management” and inserting instead —
“ CALM Act CEO ”;
(b) by deleting “Department of Conservation and Land Management” in the second place where it occurs and inserting instead —
“ CALM Act Department ”.
Division 2 — Misuse of Drugs Act 1981
393. The Act amended
The amendments in this Division are to the Misuse of Drugs Act 1981*.
[* Reprinted as at 11 January 2002.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 296.]
394. Section 38D amended
(1) Section 38D(1) is repealed and the following subsection is inserted instead —
“
(1) In this section —
“CEO (Health)” has the meaning given to “CEO” by section 3 of the Health Legislation Administration Act 1984.
”.
(2) Section 38D(2) is amended by deleting “Commissioner of Health” in the 2 places where it occurs and inserting instead —
“ CEO (Health) ”.
Part 15 — Premier, Public Sector Management, and Water Resources
Division 1 — Constitution Acts Amendment Act 1899
395. The Act amended
The amendments in this Division are to the Constitution Acts Amendment Act 1899*.
[* Reprint 13 as at 18 March 2005.
For subsequent amendments see Act No. 59 of 2004.]
396. Schedule V amended
Schedule V Part 3 is amended as follows:
(a) by deleting the items relating to the Government Employees’ Housing Authority and The State Housing Commission;
(b) by deleting the item relating to the Fishing and Allied Industries Committee.
Division 2 — Public Sector Management Act 1994
397. The Act amended
The amendments in this Division are to the Public Sector Management Act 1994*.
[* Reprint 6 as at 14 May 2004.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 368.]
398. Schedule 2 amended
Schedule 2 is amended by deleting item 47 and inserting the following item instead —
“
47 |
Housing Authority, provided for under the Housing Act 1980 |
”.
Division 3 — Water Corporation Act 1995
399. The Act amended
The amendments in this Division are to the Water Corporation Act 1995*.
[* Reprint 2 as at 2 July 2004.]
400. Section 73 amended
Section 73(1) is repealed and the following subsection is inserted instead —
“
(1) Funds of the corporation are to be credited to an account —
(a) forming part of the Trust Fund constituted under section 9 of the Financial Administration and Audit Act 1985; or
(b) with the approval of the Treasurer, at a bank.
”.
Part 16 — Racing and Gaming
Division 1 — Gaming and Wagering Commission Act 1987
401. The Act amended
The amendments in this Division are to the Gaming and Wagering Commission Act 1987*.
[* Reprint 3 as at 3 September 2004.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 183.]
402. Section 9 amended
(1) Section 9(1)(a) is amended by deleting “for that purpose”.
(2) Section 9(2)(a) is amended by deleting “at the Treasury”.
403. Section 110A amended
Section 110A(1)(a) is amended by deleting “at the Treasury”.
Division 2 — Racing and Wagering Western Australia Act 2003
404. The Act amended
The amendments in this Division are to the Racing and Wagering Western Australia Act 2003*.
[* Act No. 36 of 2003.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 374.]
405. Section 89 amended
Section 89 is amended by deleting “not in an account at the Treasury” and inserting instead —
“
in an account described in paragraph (b) of the definition of “account” in section 88(1)(b)
”.
Division 3 — Racing Penalties (Appeals) Act 1990
406. The Act amended
The amendments in this Division are to the Racing Penalties (Appeals) Act 1990*.
[* Reprinted as at 19 October 2001.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 374.]
407. Section 24 amended
(1) Section 24(1)(a) is amended by deleting “for that purpose”.
(2) Section 24(8)(a) is amended by deleting “at the Treasury,”.
Part 17 — Treasurer, and Government Enterprises
Division 1 — Anzac Day Act 1960
408. The Act amended
The amendments in this Division are to the Anzac Day Act 1960*.
[* Reprinted as at 24 May 2002.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 24.]
409. Section 10 amended
(1) Section 10(1) is amended by deleting “at the Treasury, forming” and inserting instead —
“ , as ”.
(2) Section 10(2) is amended as follows:
(a) by deleting “the Treasury to the credit of”;
(b) after paragraph (c) by deleting “and”;
(c) after paragraph (d) by deleting the full stop and inserting —
“
; and
(e) any other moneys lawfully received by, made available to, or payable to the Trust.
”.
Division 2 — Economic Regulation Authority Act 2003
410. The Act amended
The amendments in this Division are to the Economic Regulation Authority Act 2003*.
[* Act No. 67 of 2003.]
411. Section 23 amended
Section 23(2) is amended as follows:
(a) by deleting “and” in the second place where it occurs;
(b) by inserting after “function of the Authority” —
“
and need only be complied with to the extent practicable
”.
Division 3 — Financial Administration and Audit Act 1985
412. The Act amended
The amendments in this Division are to the Financial Administration and Audit Act 1985*.
[* Reprint 8 as at 9 July 2004.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 165.]
413. Schedule 1 amended
Schedule 1 is amended as follows:
(a) by deleting “Government Employees’ Housing Authority”;
(b) by deleting “The State Housing Commission”;
(c) by inserting in the appropriate alphabetical position the following item —
“ Housing Authority ”.
Division 4 — Gold Corporation Act 1987
414. The Act amended
The amendments in this Division are to the Gold Corporation Act 1987*.
[* Reprinted as at 2 January 2001.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 187.]
415. Section 3 amended
Section 3(1) is amended as follows:
(a) by inserting the following definition in the appropriate alphabetical position —
“
“Treasury” means the department of the Public Service for which the Under Treasurer is the chief executive officer.
”;
(b) in the definition of “Treasurer” by deleting “State.” and inserting instead —
“ State; ”.
416. Heading to Part II amended
The heading to Part II is amended by inserting after “Constitution” —
“ and administration ”.
417. Section 9 amended
Section 9(1)(a) is amended by inserting after “officer” —
“ of Gold Corporation ”.
418. Sections 9A, 9B and 9C inserted
After section 9 the following sections are inserted —
“
9A. Duty to observe policy instruments
Gold Corporation is to perform its functions in accordance with its strategic development plan and its statement of corporate intent as existing from time to time.
9B. Strategic development plan and statement of corporate intent
(1) The Board must, at the prescribed times, prepare and submit to the Minister —
(a) a strategic development plan for Gold Corporation; and
(b) a statement of corporate intent for Gold Corporation.
(2) The regulations may make provision for the following —
(a) the manner and form in which the Board is to prepare, submit, revise or modify a strategic development plan or statement of corporate intent;
(b) the period a strategic development plan or statement of corporate intent is to cover;
(c) the matters to be set out in a strategic development plan or statement of corporate intent;
(d) the functions of the Board, the Minister and the Treasurer in relation to the development, approval or modification of a strategic development plan or statement of corporate intent;
(e) the operation of a strategic development plan or statement of corporate intent.
(3) If a regulation referred to in subsection (2) enables the Minister to give directions to the Board, the Minister must within 14 days after a direction is given under the regulation cause a copy of the direction to be laid before each House of Parliament or be dealt with in accordance with section 9C.
(4) Regulations referred to in subsection (2) are not to be made except with the Treasurer’s concurrence.
9C. Laying directions about strategic development plan or statement of corporate intent before Parliament
(1) If —
(a) a House of Parliament is not sitting at the commencement of the period referred to in section 9B(3) in respect of a direction; and
(b) the Minister is of the opinion that that House will not sit during that period,
the Minister is to transmit a copy of the direction to the Clerk of that House.
(2) A copy of a direction transmitted to the Clerk of a House is to be taken to have been laid before that House.
(3) The laying of a copy of a direction that is regarded as having occurred under subsection (2) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy.
(4) The text of a direction referred to in section 9B(3) is to be included in the annual report submitted by the accountable authority of Gold Corporation under section 66 of the Financial Administration and Audit Act 1985.
”.
419. Section 16 amended
(1) Section 16(1) is amended as follows:
(a) in paragraphs (a) and (b) by deleting “Treasurer” and inserting instead —
“ Minister with the Treasurer’s concurrence ”;
(b) after paragraph (c)(i) by deleting “or” and inserting —
“
(ia) the Minister; or
”.
(2) Section 16(2)(a) is amended by deleting “Treasurer” and inserting instead —
“ Minister ”.
420. Section 21 amended
(1) Section 21(1) is amended by deleting “Treasurer” and inserting instead —
“ Minister, with the concurrence of the Treasurer, ”.
(2) Section 21(2) is amended by inserting after “Treasurer” —
“ or Minister ”.
(3) Section 21(4), (5) and (6) are amended by deleting “Treasurer” and inserting instead —
“ Minister ”.
421. Section 40 amended
Section 40(2) is amended by inserting after “officer” —
“ of Gold Corporation ”.
422. Section 51 amended
Section 51(2) is amended by inserting after “officer” —
“ of Gold Corporation ”.
423. Schedule 1 amended
(1) Schedule 1 clause 1(1) is amended by deleting “, the deputy chief executive officer or” and inserting instead —
“
or deputy chief executive officer of Gold Corporation or who
”.
(2) Schedule 1 clause 3(1) is amended by inserting after “officer” in the second place where it occurs —
“ of Gold Corporation ”.
(3) Schedule 1 clause 4 is amended by deleting “, the deputy chief executive officer” and inserting instead —
“ or deputy chief executive officer of Gold Corporation ”.
(4) Schedule 1 clause 5(3) is amended by deleting “, the deputy chief executive officer” and inserting instead —
“
and the deputy chief executive officer of Gold Corporation,
”.
Division 5 — Insurance Commission of Western Australia Act 1986
424. The Act amended
The amendment in this Division is to the Insurance Commission of Western Australia Act 1986*.
[* Reprinted as at 12 November 1999.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 221.]
425. Division 3A inserted
After section 14 the following Division is inserted —
“
Division 3A — Strategic development plan and statement of corporate intent
14A. Duty to observe policy instruments
The Commission is to perform its functions in accordance with its strategic development plan and its statement of corporate intent as existing from time to time.
14B. Strategic development plan and statement of corporate intent
(1) The board of commissioners must, at the prescribed times, prepare and submit to the Minister —
(a) a strategic development plan for the Commission; and
(b) a statement of corporate intent for the Commission.
(2) The regulations may make provision for the following —
(a) the manner and form in which the board of commissioners is to prepare, submit, revise or modify a strategic development plan or statement of corporate intent;
(b) the period a strategic development plan or statement of corporate intent is to cover;
(c) the matters to be set out in a strategic development plan or statement of corporate intent;
(d) the functions of the board of commissioners, the Minister and the Treasurer in relation to the development, approval or modification of a strategic development plan or statement of corporate intent;
(e) the operation of a strategic development plan or statement of corporate intent.
(3) If a regulation referred to in subsection (2) enables the Minister to give directions to the board of commissioners, the Minister must cause a copy of a direction given under the regulation to be laid before each House of Parliament or be dealt with in accordance with section 14C —
(a) within 14 days after the direction is given; or
(b) if the direction is the subject of a notice under section 17 of the Statutory Corporations (Liability of Directors) Act 1996, within 14 days after it is confirmed under that section.
(4) Regulations referred to in subsection (2) are not to be made except with the Treasurer’s concurrence.
14C. Laying directions about strategic development plan or statement of corporate intent before Parliament
(1) If —
(a) a House of Parliament is not sitting at the commencement of the applicable period referred to in section 14B(3) in respect of a direction; and
(b) the Minister is of the opinion that that House will not sit during that period,
the Minister is to transmit a copy of the direction to the Clerk of that House.
(2) A copy of a direction transmitted to the Clerk of a House is to be taken to have been laid before that House.
(3) The laying of a copy of a direction that is regarded as having occurred under subsection (2) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy.
(4) The text of a direction referred to in section 14B(3) is to be included in the annual report submitted by the accountable authority of the Commission under section 66 of the Financial Administration and Audit Act 1985.
”.
Division 6 — Lotteries Commission Act 1990
426. The Act amended
The amendments in this Division are to the Lotteries Commission Act 1990*.
[* Reprinted as at 6 August 1999.]
427. Sections 8A, 8B and 8C inserted
After section 8 the following sections are inserted —
“
8A. Duty to observe policy instruments
The Commission is to perform its functions in accordance with its strategic development plan and its statement of corporate intent as existing from time to time.
8B. Strategic development plan and statement of corporate intent
(1) The members of the Commission must, at the prescribed times, prepare and submit to the Minister —
(a) a strategic development plan for the Commission; and
(b) a statement of corporate intent for the Commission.
(2) The regulations may make provision for the following —
(a) the manner and form in which the members of the Commission are to prepare, submit, revise or modify a strategic development plan or statement of corporate intent;
(b) the period a strategic development plan or statement of corporate intent is to cover;
(c) the matters to be set out in a strategic development plan or statement of corporate intent;
(d) the functions of the members of the Commission, the Minister and the Treasurer in relation to the development, approval or modification of a strategic development plan or statement of corporate intent;
(e) the operation of a strategic development plan or statement of corporate intent.
(3) If a regulation referred to in subsection (2) enables the Minister to give directions to the members of the Commission, the Minister must cause a copy of a direction given under the regulation to be laid before each House of Parliament or be dealt with in accordance with section 8C —
(a) within 14 days after the direction is given; or
(b) if the direction is the subject of a notice under section 17 of the Statutory Corporations (Liability of Directors) Act 1996, within 14 days after it is confirmed under that section.
(4) Regulations referred to in subsection (2) are not to be made except with the Treasurer’s concurrence.
8C. Laying directions about strategic development plan or statement of corporate intent before Parliament
(1) If —
(a) a House of Parliament is not sitting at the commencement of the applicable period referred to in section 8B(3) in respect of a direction; and
(b) the Minister is of the opinion that that House will not sit during that period,
the Minister is to transmit a copy of the direction to the Clerk of that House.
(2) A copy of a direction transmitted to the Clerk of a House is to be taken to have been laid before that House.
(3) The laying of a copy of a direction that is regarded as having occurred under subsection (2) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy.
(4) The text of a direction referred to in section 8B(3) is to be included in the annual report submitted by the accountable authority of the Commission under section 66 of the Financial Administration and Audit Act 1985.
”.
428. Section 22 amended
Section 22(1) is amended by deleting “at the Treasury forming” and inserting instead —
“ , as ”.
Division 7 — Parliamentary Superannuation Act 1970
429. The Act amended
The amendments in this Division are to the Parliamentary Superannuation Act 1970*.
[* Reprint 3 as at 4 April 2003.]
430. Section 6 amended
(1) Section 6(3)(a) is amended by deleting “Treasurer” and inserting instead —
“ Minister ”.
(2) Section 6(5) is amended by deleting “Treasurer” in both places where it occurs and inserting instead —
“ Minister ”.
Division 8 — Rates and Charges (Rebates and Deferments) Act 1992
431. The Act amended
The amendments in this Division are to the Rates and Charges (Rebates and Deferments) Act 1992*.
[* Reprinted as at 19 May 2000.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 379.]
432. Section 46 amended
Section 46(2) is amended by deleting “The State Housing Commission” in both places where it occurs and inserting instead —
“ the Housing Authority ”.
Division 9 — State Superannuation Act 2000
433. The Act amended
The amendment in this Division is to the State Superannuation Act 2000*.
[* Act No. 42 of 2000.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 428.]
434. Sections 33A, 33B and 33C inserted
After section 33 the following sections are inserted —
“
33A. Duty to observe policy instruments
The Board is to perform its functions in accordance with its strategic development plan and its statement of corporate intent as existing from time to time.
33B. Strategic development plan and statement of corporate intent
(1) The Board must, at the prescribed times, prepare and submit to the Minister —
(a) a strategic development plan for the Board; and
(b) a statement of corporate intent for the Board.
(2) The regulations may make provision for the following —
(a) the manner and form in which the Board is to prepare, submit, revise or modify a strategic development plan or statement of corporate intent;
(b) the period a strategic development plan or statement of corporate intent is to cover;
(c) the matters to be set out in a strategic development plan or statement of corporate intent;
(d) the functions of the Board, the Minister and the Treasurer in relation to the development, approval or modification of a strategic development plan or statement of corporate intent;
(e) the operation of a strategic development plan or statement of corporate intent.
(3) If a regulation referred to in subsection (2) enables the Minister to give directions to the Board, the Minister must cause a copy of a direction given under the regulation to be laid before each House of Parliament or be dealt with in accordance with section 33C —
(a) within 14 days after the direction is given; or
(b) if the direction is the subject of a notice under section 17 of the Statutory Corporations (Liability of Directors) Act 1996, within 14 days after it is confirmed under that section.
(4) Regulations referred to in subsection (2) are not to be made except with the Treasurer’s concurrence.
33C. Laying directions about strategic development plan or statement of corporate intent before Parliament
(1) If —
(a) a House of Parliament is not sitting at the commencement of the applicable period referred to in section 33B(3) in respect of a direction; and
(b) the Minister is of the opinion that that House will not sit during that period,
the Minister is to transmit a copy of the direction to the Clerk of that House.
(2) A copy of a direction transmitted to the Clerk of a House is to be taken to have been laid before that House.
(3) The laying of a copy of a direction that is regarded as having occurred under subsection (2) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy.
(4) The text of a direction referred to in section 33B(3) is to be included in the annual report submitted by the accountable authority of the Board under section 66 of the Financial Administration and Audit Act 1985.
”.
Division 10 — State Supply Commission Act 1991
435. The Act amended
The amendment in this Division is to the State Supply Commission Act 1991*.
[* Reprinted as at 7 June 2002.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 429.]
436. Section 30 amended
Section 30(2) is amended by deleting “at the Treasury”.
Division 11 — Western Australian Treasury Corporation Act 1986
437. The Act amended
The amendments in this Division are to the Western Australian Treasury Corporation Act 1986*.
[* Reprinted as at 5 January 2001.
For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 499.]
438. Section 3 amended
Section 3(1) is amended by inserting the following definition in the appropriate alphabetical position —
“
“Treasury” means the department of the Public Service of which the Under Treasurer is the chief executive officer;
”.
439. Section 5B amended
Section 5B(1)(c) is amended by inserting before “for the time being” —
“ of the Corporation ”.
440. Section 8A amended
Section 8A is amended by inserting after “officer” —
“ of the Corporation ”.
441. Section 9B inserted
After section 9A the following section is inserted —
“
9B. Duty to observe policy instruments
The Corporation is to perform its functions in accordance with its strategic development plan and its statement of corporate intent as existing from time to time.
”.
442. Section 10 amended
Section 10(2)(fa)(xii) is amended by deleting “Treasurer” and inserting instead —
“ Minister, with the concurrence of the Treasurer, ”.
443. Section 16HA inserted
After section 16H the following section is inserted —
“
16HA. Concurrence of Treasurer
The Minister is not to —
(a) agree to a draft strategic development plan under section 16G; or
(b) agree to or direct any modification of a strategic development plan under section 16H,
except with the concurrence of the Treasurer.
”.
444. Section 16PA inserted
After section 16P the following section is inserted —
“
16PA. Concurrence of Treasurer
The Minister is not to —
(a) agree to a draft statement of corporate intent under section 16O; or
(b) agree to or direct any modification of a statement of corporate intent under section 16P,
except with the concurrence of the Treasurer.
”.
445. Section 17A amended
Section 17A(3) is amended by deleting “Treasurer” and inserting instead —
“ Minister, with the concurrence of the Treasurer, ”.
446. Section 18 amended
Section 18(1a) is amended in the definition of “eligible person” in paragraph (a) by inserting after “officer” —
“ of the Corporation ”.
447. Section 21A amended
After section 21A(3) the following subsection is inserted —
“
(3a) This section also applies as if each reference in it to the Treasurer were instead a reference to the Minister.
”.
448. Section 21B amended
After section 21B(3) the following subsection is inserted —
“
(3a) The Corporation must give a copy of each quarterly report to the Treasurer.
”.
449. Schedule 2 amended
Schedule 2 clause 5 is amended by inserting after “officer,” in the second place where it occurs —
“ of the Corporation ”.
450. Various references to Treasurer changed to Minister
Each provision listed in the Table to this section is amended by deleting “Treasurer” in each place where it occurs and inserting instead —
“ Minister ”.
Table
s. 5B(1)(d) |
s. 16N(1) and (2) |
s. 5D |
s. 16O(1), (2) and (3) |
s. 8(3) |
s. 16P(1), (2), (3) and (4) |
s. 16A(1) |
s. 16Q(1) |
s. 16C(3) |
s. 17A(2) |
s. 16D |
s. 19(1) and (2) |
s. 16E(1), (3) and (5) |
s. 20(1) and (2) |
s. 16F(1) and (2) |
s. 21B(1), (3) and (4) |
s. 16G |
Sch. 2 cl. 2(1) and (2) |
s. 16H(1), (2), (3) and (4) |
Sch. 2 cl. 6(1) and (2) |
s. 16I |
Sch. 2 cl. 15(2) |
s. 16K(2) and (3) |
Sch. 2 cl. 20(2) |
s. 16L |
Sch. 2 cl. 21(1) and (2) |
s. 16M(1), (3) and (5) |
|
Note: The heading to section 21A will be altered by inserting “and Minister” after “Treasurer”.
The headings to sections 16A, 16I, 19 and 20 and to Schedule 2 clause 21 will be altered by deleting “Treasurer” and inserting instead “Minister”.
The headings to sections 16E, 16G, 16M and 16O will be altered by deleting “Treasurer’s” and inserting instead “Minister’s”.
Division 12 — Transitional provisions
451. Western Australian Treasury Corporation Act 1986
(1) A thing done by the Treasurer before commencement under, or for the purposes of —
(a) section 10(2)(fa)(xii) or 17A(3) of the Western Australian Treasury Corporation Act 1986; or
(b) section 16(1)(a) or (b) or 21(1) of the Gold Corporation Act 1987,
has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done by the Minister with the concurrence of the Treasurer.
(2) A thing done or omitted to be done by, to or in relation to, the Treasurer before commencement under, or for the purposes of —
(a) a provision of the Western Australian Treasury Corporation Act 1986 amended by section 450; or
(b) section 16(2)(a) or 21(2), (4), (5) or (6) of the Gold Corporation Act 1987,
has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done or omitted by, to or in relation to, the Minister.
(3) In this section —
“commencement” means the time at which this Division comes into operation;
“Minister” means the Minister to whom the administration of the Western Australian Treasury Corporation Act 1986 is committed.
Part 18 — Various references to Permanent Head amended
452. Various references to Permanent Head changed to chief executive officer
(1) Each provision listed in the Table to this subsection is amended by deleting “Permanent Head” in each place where it occurs and inserting instead —
“ chief executive officer ”.
Table
Country Areas Water Supply Act 1947 |
s. 85(7) |
|
s. 120(1)(b)(iv) |
Dental Act 1939 |
s. 51A(2)(a) |
Equal Opportunity Act 1984 |
s. 141(a) |
Housing Loan Guarantee Act 1957 |
s. 6(1) |
(2) Each provision listed in the Table to this subsection is amended by deleting “permanent head” in each place where it occurs and inserting instead —
“ chief executive officer ”.
Table
Industrial Training Act 1975 |
s. 7 |
|
s. 37E(1) and (2) |
Street Alignment Act 1844 |
s. 7 |
Part 19 — General transitional provisions
453. References to Department by a former name
(1) If —
(a) a written law refers, or is to be taken to refer, to a department of the Public Service by a title that was given by a provision of an Act (the “principal Act”); and
(b) the provision has been amended to remove that title, or has been repealed, by this Act,
then, on and after the day on which this Act comes into operation, the reference has effect as a reference to the department of the Public Service principally assisting in the administration of the principal Act.
(2) Subsection (1) does not apply if a contrary intention appears or the context otherwise requires.
454. References to chief executive officer by a former name
(1) If —
(a) a written law refers, or is to be taken to refer, to a chief executive officer by a title that was given by a provision of an Act (the “principal Act”); and
(b) the provision has been amended to remove that title, or has been repealed, by this Act,
then, on and after the day on which this Act comes into operation, the reference has effect as a reference to the chief executive officer within the meaning of the principal Act.
(2) Subsection (1) does not apply if a contrary intention appears or the context otherwise requires.
By Authority: JOHN A. STRIJK, Government Printer