Machinery of Government (Planning and Infrastructure) Amendment Act 2002

Western Australia

CONTENTS

Part 1 — Preliminary

1. Short title 3

Part 2 — Control of Vehicles (Off‑road Areas) Act 1978

3. The Act amended 4

4. Section 3 amended 4

5. Section 4A replaced by sections 4A and 4B 4

4A. Delegation 4

4B. Agreements for performance of functions 5

6. Section 5 amended 6

7. Section 11 amended 6

8. Section 28 amended 6

9. Section 29 amended 7

10. Section 34 amended 7

11. Section 43 amended and transitional provisions 7

Part 3 — Motor Vehicle Drivers Instructors Act 1963

12. The Act amended 8

13. Section 3 amended 8

14. Sections 4 and 4A replaced 8

4. Delegation 8

4A. Agreements for performance of functions 9

Part 4 — Motor Vehicle (Third Party Insurance) Act 1943

15. The Act amended 11

16. Section 3 amended 11

17. Sections 3QA and 3QB inserted 11

3QA. Agreements for performance of functions 11

3QB. Delegation 12

Part 5 — Perth Parking Management Act 1999

18. The Act amended 14

19. Section 4 amended 14

20. Section 5 amended 14

21. Section 23 amended and transitional provisions 14

Part 6 — Rail Safety Act 1998

22. The Act amended 15

23. Section 3 amended 15

24. Section 23 replaced and transitional provisions 15

23. Rail Safety Accreditation Account 15

25. Section 57A inserted 16

57A. Delegation 16

Part 7 — Road Traffic Act 1974

26. The Act amended 18

27. Section 5 amended 18

28. Sections 6A and 6B inserted 18

6A. Delegation 18

6B. Agreements for performance of functions 19

Part 8 — Taxi Act 1994

29. The Act amended 21

30. Section 3 amended 21

31. Section 5 amended 22

32. Section 41 amended and transitional provisions 22

33. Section 42 repealed 23

34. Section 44 repealed 23

35. References to Taxi Industry Development Fund amended 23

Part 9 — Transport Co‑ordination Act 1966

36. The Act amended 24

37. Section 4 amended 24

38. Part II Division 1 heading replaced 24

39. Section 7 replaced by sections 6, 6A, and 7 25

6. Transport Co‑ordination Ministerial Body 25

6A. Purpose and nature of Ministerial Body 25

7. Execution of documents by Ministerial Body 25

40. Section 7A amended 27

41. Section 7D repealed 27

42. Section 8 replaced 27

8. Use of other resources 27

43. Section 15 amended 28

44. Section 15A repealed 28

45. Part II Division 2 heading replaced 28

46. Section 15B amended 29

47. Section 15C replaced 29

15C. Minister may provide facilities 29

48. Section 18 amended 30

49. Section 18H inserted 30

18H. Power to borrow 30

50. Section 60 amended 31

51. Section 61 amended 31

52. Sections 62 and 62A repealed 32

53. Section 62B amended 32

Part 10 — Western Australian Planning Commission Act 1985

54. The Act amended 33

55. Section 5 amended 33

56. Section 5A amended 34

57. Section 16 amended 34

58. Section 19 amended 34

59. Section 19A inserted 36

19A. Delegation of ministerial approval 36

60. Section 46 amended 36

Part 11 — Other Acts amended

61. Fines, Penalties and Infringement Notices Enforcement Act 1994 37

62. Government Railways Act 1904 37

63. Railways (Access) Act 1998 38

64. Sentencing Act 1995 39

65. Stamp Act 1921 39

Part 12 — Transitional matters

66. Transport Co‑ordination Ministerial Body 40

67. Agreements under former Transport Co‑ordination Act 1966 section 15C 40

68. Delegations under former Transport Co‑ordination Act 1966 section 18 41

69. Regulations about transitional matters 43

Western Australia

Machinery of Government (Planning and Infrastructure) Amendment Act 2002

No. 7 of 2002

An Act to amend —

·the Control of Vehicles (Off‑road Areas) Act 1978;

·the Motor Vehicle Drivers Instructors Act 1963;

·the Motor Vehicle (Third Party Insurance) Act 1943;

·the Perth Parking Management Act 1999;

·the Rail Safety Act 1998;

·the Road Traffic Act 1974;

·the Taxi Act 1994;

·the Transport Co‑ordination Act 1966; and

·the Western Australian Planning Commission Act 1985,

in order to facilitate administrative restructuring under the Planning and Infrastructure portfolio, to amend certain other Acts in consequence, and for related purposes.

[Assented to 19 June 2002]

The Parliament of Western Australia enacts as follows:

Part 1 — Preliminary

1. Short title

This Act may be cited as the Machinery of Government (Planning and Infrastructure) Amendment Act 2002. 2.Commencement

This Act comes into operation on a day fixed by proclamation.

Part 2 — Control of Vehicles (Off‑road Areas) Act 1978

3. The Act amended

The amendments in this Part are to the Control of Vehicles (Off‑road Areas) Act 1978*.

[* Reprinted as at 5 March 1999.

For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 91.]

4. Section 3 amended

Section 3(1) is amended as follows:

(a) by deleting the definition of “Director General” and inserting the following definition instead —

“

“Director General” means the chief executive officer of the department of the Public Service principally assisting the Minister in the administration of this Act;

”;

(b) by deleting the definition of “Minister”.

5. Section 4A replaced by sections 4A and 4B

Section 4A is repealed and the following sections are inserted instead —

“

4A. Delegation

(1) The Director General may delegate to a person any power or duty of the Director General under another provision of this Act.

(2) The delegation must be in writing signed by the Director General.

(3) If a person is not employed in the Director General’s department, a power or duty can only be delegated to the person under this section if the person has been approved by the Minister for the purposes of this section.

(4) An approval under subsection (3) may be given in respect of —

(a) a specified person or persons of a specified class; or

(b) the holder or holders for the time being of a specified office or class of office.

(5) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.

(6) 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.

(7) Nothing in this section limits the ability of the Director General to perform a function through an officer or agent.

4B. Agreements for performance of functions

(1) The Director General may enter into an agreement providing for the Director General’s functions under this Act that are described in the agreement to be performed on behalf of the Director General.

(2) The agreement may be with the Commissioner of Police, a local government, or any other person or body, whether or not the person or body has itself functions of a public nature.

(3) A function described in the agreement may be performed —

(a) in accordance with the agreement; and

(b) on and subject to terms and conditions in the agreement.

(4) If the performance of a function is dependent upon the opinion, belief, or state of mind of the Director General it may be performed under the agreement upon the opinion, belief, or state of mind of the body or person with whom the agreement is made or another person provided for in the agreement.

(5) For the purposes of this Act or any other written law, an act or thing done by, to, by reference to, or in relation to, a body or person in connection with the performance by that body or person under the agreement of a function of the Director General is as effectual as if it had been done by, to, by reference to, or in relation to, the Director General.

”.

6. Section 5 amended

Section 5(2) is repealed.

7. Section 11 amended

Section 11(3) is amended by deleting “to the Director General”.

8. Section 28 amended

Section 28(1) is repealed and the following subsection is inserted instead —

“

(1) The scheme of registration of vehicles under this Act is to be administered by the Director General, who is to maintain a separate financial record in relation to that scheme.

”.

9. Section 29 amended

Section 29(12) is repealed.

10. Section 34 amended

Section 34(2) is amended by deleting “the Director General” and inserting instead —

“

either the Director General under this Act or the Director General under that Act

”.

11. Section 43 amended and transitional provisions

(1) Section 43(3) is amended by deleting “maintained at the Treasury, forming part of the Trust Fund constituted under section 9 of the Financial Administration and Audit Act 1985,” and inserting instead —

“

established as a trust account under the Financial Administration and Audit Act 1985 section 15B

”.

(2) The balance of the Off‑Road Vehicles Account as it was before this section came into operation is to be the opening balance of the account of that name established under the Control of Vehicles (Off‑road Areas) Act 1978 section 43(3) as amended by subsection (1).

(3) The amount of that opening balance is to be reflected by a closing entry in the Off‑Road Vehicles Account that was, before this section came into operation, required to be maintained as a part of the Trust Fund constituted under the Financial Administration and Audit Act 1985 section 9.

Part 3 — Motor Vehicle Drivers Instructors Act 1963

12. The Act amended

The amendments in this Part are to the Motor Vehicle Drivers Instructors Act 1963*.

[* Reprinted as at 12 July 1977.

For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 299, and Act No. 39 of 2000.]

13. Section 3 amended

Section 3 is amended by deleting the definition of “Director General” and inserting the following definition instead —

“

“Director General” means the chief executive officer of the department of the Public Service principally assisting the Minister in the administration of this Act;

”.

14. Sections 4 and 4A replaced

Sections 4 and 4A are repealed and the following sections are inserted instead —

“

4. Delegation

(1) The Director General may delegate to a person any power or duty of the Director General under another provision of this Act.

(2) The delegation must be in writing signed by the Director General.

(4) An approval under subsection (3) may be given in respect of —

(a) a specified person or persons of a specified class; or

(b) the holder or holders for the time being of a specified office or class of office.

(5) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.

(7) Nothing in this section limits the ability of the Director General to perform a function through an officer or agent.

4A. Agreements for performance of functions

(2) The agreement may be with the Commissioner of Police, a local government, or any other person or body, whether or not the person or body has itself functions of a public nature.

(3) A function described in the agreement may be performed —

(a) in accordance with the agreement; and

(b) on and subject to terms and conditions in the agreement.

”.

Part 4 — Motor Vehicle (Third Party Insurance) Act 1943

15. The Act amended

The amendments in this Part are to the Motor Vehicle (Third Party Insurance) Act 1943*.

[* Reprinted as at 20 November 1998.]

16. Section 3 amended

Section 3(1) is amended as follows:

(a) by deleting the definition of “Director General” and inserting the following definition instead —

“

“Director General” means the chief executive officer of the department of the Public Service principally assisting in the administration of the provisions of the Road Traffic Act 1974 that section 5 of that Act defines as the “licensing provisions of this Act”;

”;

(b) in the definition of “Minister”, by deleting “for Works or such other member of the Executive Council as is”.

17. Sections 3QA and 3QB inserted

After section 3Q, the following sections are inserted —

“

3QA. Agreements for performance of functions

(2) The agreement may be with the Commissioner of Police, a local government, or any other person or body, whether or not the person or body has itself functions of a public nature.

(3) A function described in the agreement may be performed —

(a) in accordance with the agreement; and

(b) on and subject to terms and conditions in the agreement.

3QB. Delegation

(1) The Director General may delegate to a person any power or duty of the Director General under another provision of this Act.

(2) The delegation must be in writing signed by the Director General.

(4) An approval under subsection (3) may be given in respect of —

(a) a specified person or persons of a specified class; or

(b) the holder or holders for the time being of a specified office or class of office.

(5) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.

(7) Nothing in this section limits the ability of the Director General to perform a function through an officer or agent.

”.

Part 5 — Perth Parking Management Act 1999

18. The Act amended

The amendments in this Part are to the Perth Parking Management Act 1999*.

[* Act No. 14 of 1999.]

19. Section 4 amended

Section 4 is amended by deleting the definition of “Minister”.

20. Section 5 amended

Section 5 is amended by deleting “to whom the administration of the Transport Co‑ordination Act 1966 is for the time being committed by the Governor”.

21. Section 23 amended and transitional provisions

(1) Section 23(1) is amended by deleting “as part of the Transport Co‑ordination Fund established under section 62 of the Transport Co‑ordination Act 1966,” and inserting instead —

“

as a trust account under the Financial Administration and Audit Act 1985 section 15B,

”.

(2) The balance of the Perth Parking Licensing Account as it was before this section came into operation is to be the opening balance of the account of that name established under the Perth Parking Management Act 1999 section 23(1) as amended by subsection (1).

(3) The amount of that opening balance is to be reflected by a closing entry in the Perth Parking Licensing Account that was, before this section came into operation, required to be maintained as a part of the Transport Co‑ordination Fund established under section 62 of the Transport Co‑ordination Act 1966.

Part 6 — Rail Safety Act 1998

22. The Act amended

The amendments in this Part are to the Rail Safety Act 1998*.

[* Act No. 32 of 1998.

For subsequent amendments see Act No. 10 of 2001.]

23. Section 3 amended

Section 3(1) is amended as follows:

(a) by deleting the definition of “Director General” and inserting the following definition instead —

“

“Director General” means the chief executive officer of the department of the Public Service principally assisting the Minister in the administration of this Act;

”;

(b) by deleting the definition of “Minister”.

24. Section 23 replaced and transitional provisions

(1) Section 23 is repealed and the following section is inserted instead —

“

23. Rail Safety Accreditation Account

(1) An account called the “Rail Safety Accreditation Account” is to be established as a trust account under the Financial Administration and Audit Act 1985 section 15B.

(2) The account is to be credited with —

(a) all fees and charges collected under this Act; and

(b) any amount appropriated by Parliament to, or otherwise lawfully received for, the account.

(3) The account is to be charged with the costs of administering this Act.

”.

(2) The Minister may, with the approval of the Treasurer, fix an amount that is to be the opening balance of the Rail Safety Accreditation Account established under the Rail Safety Act 1998 section 23(1) as inserted by subsection (1).

(3) The amount of that opening balance is to be reflected by a closing entry in the Transport Co‑ordination Fund that was, before section 52 came into operation, required to be maintained as a part of the Trust Fund constituted under the Financial Administration and Audit Act 1985 section 9.

25. Section 57A inserted

In Part 6 Division 2, before section 58, the following section is inserted —

“

57A. Delegation

(1) The Director General may delegate to a person any power or duty of the Director General under another provision of this Act.

(2) The delegation must be in writing signed by the Director General.

(4) An approval under subsection (3) may be given in respect of —

(a) a specified person or persons of a specified class; or

(b) the holder or holders for the time being of a specified office or class of office.

(5) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.

(7) Nothing in this section limits the ability of the Director General to perform a function through an officer or agent.

”.

Part 7 — Road Traffic Act 1974

26. The Act amended

The amendments in this Part are to the Road Traffic Act 1974*.

[* Reprinted as at 19 October 2001.]

27. Section 5 amended

Section 5(1) is amended as follows:

(a) by deleting the definition of “Director General” and inserting the following definition instead —

“

“Director General” means the chief executive officer of the department of the Public Service principally assisting in the administration of the licensing provisions of this Act;

”;

(b) by deleting the definition of “Minister”.

28. Sections 6A and 6B inserted

After section 6, the following sections are inserted —

“

6A. Delegation

(1) The Director General may delegate to a person any power or duty of the Director General under another provision of this Act.

(2) The delegation must be in writing signed by the Director General.

(4) An approval under subsection (3) may be given in respect of —

(a) a specified person or persons of a specified class; or

(b) the holder or holders for the time being of a specified office or class of office.

(5) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.

(7) Nothing in this section limits the ability of the Director General to perform a function through an officer or agent.

6B. Agreements for performance of functions

(2) The agreement may be with the Commissioner of Police, a local government, or any other person or body, whether or not the person or body has itself functions of a public nature.

(3) A function described in the agreement may be performed —

(a) in accordance with the agreement; and

(b) on and subject to terms and conditions in the agreement.

”.

Part 8 — Taxi Act 1994

29. The Act amended

The amendments in this Part are to the Taxi Act 1994*.

[* Act No. 83 of 1994.

For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 446.]

30. Section 3 amended

Section 3(1) is amended as follows:

(a) in the definition of “department”, by deleting “the Transport Co‑ordination Act 1966” and inserting instead —

“ this Act ”;

(b) by deleting the definition of “Director General” and inserting the following definition instead —

“

“Director General” means the chief executive officer of the department;

”;

(d) by deleting the definition of “Taxi Industry Development Fund” and inserting the following definition instead —

“

“Taxi Industry Development Account” means the account established as required by section 41(1);

”.

31. Section 5 amended

Section 5(2) is amended by deleting “accountable officer of the department” and inserting instead —

“ Director General ”.

32. Section 41 amended and transitional provisions

(1) Section 41(1) is repealed and the following subsection is inserted instead —

“

(1) An account called the “Taxi Industry Development Account” is to be established as a trust account under the Financial Administration and Audit Act 1985 section 15B.

”.

(2) Section 41(2)(a), (b), and (e) are deleted.

(3) Section 41(2)(d) is amended by deleting “Fund” and inserting instead —

“ account ”.

(4) Section 41(2)(f) is amended by deleting “Fund” in both places where it occurs and inserting instead —

“ account ”.

(5) Section 41(3) is repealed.

(6) Section 41(5)(e) is amended by inserting before “section 44” —

“ the former ”.

(7) The balance of the Taxi Industry Development Fund as it was before this section came into operation is to be the opening balance of the Taxi Industry Development Account established under the Taxi Act 1994 section 41(1) as inserted by subsection (1).

(8) The amount of that opening balance is to be reflected by a closing entry in the Taxi Industry Development Fund that was, before this section came into operation, required to be maintained as a part of the Trust Fund referred to in the Financial Administration and Audit Act 1985 section 9.

33. Section 42 repealed

Section 42 is repealed.

34. Section 44 repealed

Section 44 is repealed.

35. References to Taxi Industry Development Fund amended

The Act is amended by deleting “Taxi Industry Development Fund” in each place where it occurs that is specified in the Table to this section and inserting instead —

“ Taxi Industry Development Account ”.

Table

section 13

section 14(c)

section 41(2), (4), and (5)

section 43(2)

Part 9 — Transport Co‑ordination Act 1966

36. The Act amended

The amendments in this Part are to the Transport Co‑ordination Act 1966*.

[* Reprinted as at 11 May 2001.]

37. Section 4 amended

Section 4(1) is amended as follows:

(a) by inserting in the appropriate alphabetical position the following definition —

“

“Ministerial Body” means the Transport Co‑ordination Ministerial Body established by section 6;

”;

(b) by deleting the definition of “Director General” and inserting the following definition instead —

“

“Director General” means the chief executive officer of the Department;

”.

38. Part II Division 1 heading replaced

The heading to Part II Division 1 is deleted and the following heading is inserted instead —

“ Division 1 — General administration ”.

39. Section 7 replaced by sections 6, 6A, and 7

Section 7 is repealed and the following sections are inserted instead —

“

6. Transport Co‑ordination Ministerial Body

(1) The Transport Co‑ordination Ministerial Body is established.

(2) The Ministerial Body is a body corporate with perpetual succession.

(3) Proceedings may be taken by or against the Ministerial Body in its corporate name.

(4) The Ministerial Body is to be governed by the Minister.

(5) The Ministerial Body is an agent of the State and has the status, immunities, and privileges of the State.

6A. Purpose and nature of Ministerial Body

(1) The Ministerial Body is established to provide a body corporate through which the Minister can perform any of the Minister’s functions under this Act that can more conveniently be performed by a body corporate than an individual.

(2) Despite the employment under the Public Sector Management Act 1994 of ministerial officers for the purpose of assisting the Minister to perform functions that the Minister performs through the Ministerial Body, the Ministerial Body and those officers are not an organisation for the purposes of that Act.

7. Execution of documents by Ministerial Body

(1) The Ministerial Body is to have a common seal.

(2) A document is duly executed by the Ministerial Body if —

(a) the common seal of the Ministerial Body is affixed to it in accordance with subsections (3) and (4);

(b) it is signed on behalf of the Ministerial Body by the Minister; or

(c) it is signed on behalf of the Ministerial Body, as authorised under subsection (5), by the Director General or another person.

(3) The common seal of the Ministerial Body is not to be affixed to a document except as authorised by the Ministerial Body.

(4) The common seal of the Ministerial Body is to be affixed to a document in the presence of the Minister, and the Minister is to sign the document to attest that the common seal was so affixed.

(5) The Ministerial Body may, by writing under its seal, authorise the Director General or another person to sign documents on behalf of the Ministerial 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 Director General or another person under this section without the common seal of the Ministerial 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 Ministerial Body, it is to be presumed that the seal is the common seal of the Ministerial Body until the contrary is shown.

(9) For the purposes of this Act, a facsimile of —

(a) the Ministerial Body’s seal; or

(b) the signature of the Minister 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.

”.

40. Section 7A amended

Section 7A(2) is amended by deleting “by the Minister himself or”.

41. Section 7D repealed

Section 7D is repealed.

42. Section 8 replaced

Section 8 is repealed and the following section is inserted instead —

“

8. Use of other resources

(1) The Director General may, for the purposes of assisting in carrying out the provisions of this Act —

(a) with the consent of a public authority, use the services of a person employed by the public authority; or

(b) with the consent of the officer’s employing authority, use the services of an officer of the Public Service.

(2) In subsection (1) —

“employing authority” has the same meaning as it has in the Public Sector Management Act 1994;

“public authority” means any State instrumentality or agency or any public statutory body, whether incorporated or not, established by or under a law of the State.

(3) This section does not prevent the operation of section 66 or 100, or any other provision, of the Public Sector Management Act 1994.

”.

43. Section 15 amended

After section 15(1), the following subsection is inserted —

“

(1a) Without limiting the things that may be delegated under subsection (1), they include things that are to be done in the course of governing the affairs of the Ministerial Body under section 6(4).

”.

44. Section 15A repealed

Section 15A is repealed.

45. Part II Division 2 heading replaced

The heading to Part II Division 2 is deleted and the following heading is inserted instead —

“ Division 2 — Particular functions ”.

46. Section 15B amended

Section 15B(2) is amended as follows:

(a) by deleting paragraph (h) and inserting the following paragraph instead —

“

(h) assist the Minister in carrying out the Minister’s functions under this Act;

”;

(b) by deleting paragraph (j) and inserting the following paragraph instead —

“

(j) advise the Minister on the administration of the Eastern Goldfields Transport Board Act 1984;

”.

47. Section 15C replaced

Section 15C is repealed and the following section is inserted instead —

“

15C. Minister may provide facilities

(1) The Minister may provide facilities that the Minister considers to be necessary for the purpose of facilitating the movement of vehicles, under this Act or any other Act, in any part of the State.

(2) The Minister may impose terms and conditions, including the payment of charges, for the use of any facilities provided under subsection (1).

(3) The Minister may dispose of facilities that the Minister considers to be no longer necessary for the purpose referred to in subsection (1).

(4) In this section —

“facilities” includes vehicles;

“manage”, in relation to facilities, includes —

(a) grant a lease of and let on hire; and

(b) enter into an agreement or arrangement for the management of facilities by some other person;

“provide” includes acquire, establish, maintain, manage and alter.

”.

48. Section 18 amended

Section 18(1) is amended by deleting “, or any other,”.

49. Section 18H inserted

In Part II Division 4, after section 18G, the following section is inserted —

“

18H. Power to borrow

(1) The Minister may borrow money upon the guarantee of the Treasurer of the State for the purposes of —

(a) providing premises and other facilities under this Division;

(b) carrying out the Minister’s functions under this Division; or

(2) The Minister may borrow money with the prior approval in writing of the Treasurer and upon terms and conditions that the Treasurer approves, but not otherwise.

(3) This section authorises the Treasurer, for and on behalf of the Crown in right of the State, to give any approval or guarantee that this section requires and the guarantee may include the guarantee of interest.

(4) Any money borrowed by the Minister under this section may be raised as one loan or as several loans and in any manner that the Treasurer may approve, but the amount of money borrowed in any one year cannot exceed, in the aggregate, an amount that the Treasurer approves.

(5) Before a guarantee is given by the Treasurer under this section, the Minister must give to the Treasurer any security that the Treasurer requires and execute any instruments necessary for giving that security.

(6) Money borrowed under this section can only be used for a purpose referred to in subsection (1).

(7) The due payment of money payable by the Treasurer under a guarantee under this section is to be charged to and paid out of the Consolidated Fund, and this subsection appropriates that fund accordingly.

”.

50. Section 60 amended

Section 60(2)(a) is amended by deleting “Minister’s” and inserting instead —

“ Ministerial Body’s ”.

51. Section 61 amended

Section 61 is amended as follows:

(a) by inserting after “by the Minister,” —

“ by the Ministerial Body, ”;

(b) by deleting “the Minister,” before “in good faith” and inserting instead —

“ any of them, ”;

“ the Ministerial Body, ”;

(d) by inserting after “the Minister or” —

“ the Ministerial Body or ”.

52. Sections 62 and 62A repealed

Sections 62 and 62A are repealed.

53. Section 62B amended

Section 62B(2)(b) is deleted.

Part 10 — Western Australian Planning Commission Act 1985

54. The Act amended

The amendments in this Part are to the Western Australian Planning Commission Act 1985*.

[* Reprinted as at 16 March 2001.]

55. Section 5 amended

(1) Section 5(1)(b) is amended as follows:

(a) at the beginning of the paragraph, by deleting “5 other members” and inserting instead —

“ 4 other members ”;

(b) by deleting subparagraph (iii).

(2) Section 5(1)(c) is amended as follows:

(a) at the beginning of the paragraph, by deleting “6 other members, being — ” and inserting instead —

“

the least number of other members who include —

”;

(b) by deleting subparagraphs (iii), (iv), and (v) and inserting the following subparagraphs instead —

“

(iv) the person holding or acting in the office of the chief executive officer of the department principally assisting in the administration of the Transport Co‑ordination Act 1966;

(v) the person holding or acting in the office of the chief executive officer of the department principally assisting in the administration of the Environmental Protection Act 1986;

(va) a person, whether a member under another subparagraph or another person nominated by the Minister, who has experience in the field of urban and regional planning and is employed in an agency, as defined in the Public Sector Management Act 1994, for which the Minister is responsible;

”.

56. Section 5A amended

Section 5A(1)(b) is deleted.

57. Section 16 amended

Section 16(1) is amended by deleting “6 members” and inserting instead —

“

a number of members equal to at least one half of the number of members provided for by section 5

”.

58. Section 19 amended

(1) Section 19(1d)(a) is amended by deleting “is so appointed” and inserting instead —

“ approved ”.

(2) Section 19(1e)(a) is amended as follows:

(a) by deleting subparagraph (iv) and inserting the following subparagraph instead —

“

(iv) the member of the Commission referred to in section 5(1)(c)(iv), or a person nominated by that member and approved by the Minister;

”;

(b) by deleting subparagraphs (vi) and (vii).

(3) Section 19(1g)(a) is amended as follows:

(a) by deleting subparagraph (ii) and inserting the following subparagraph instead —

“

(ii) each member of the Commission referred to in section 5(1)(c)(i) or (iv), or a person nominated by that member and approved by the Minister;

”;

(b) by deleting subparagraph (iii) and inserting the following subparagraph instead —

“

(iii) the Coordinator of Energy referred to in section 4 of the Energy Coordination Act 1994 or a person nominated by him or her and approved by the Minister;

”.

59. Section 19A inserted

After section 19, the following section is inserted —

“

19A. Delegation of ministerial approval

(1) The Minister may delegate to a person or body any function the Minister has of giving or declining to give approval under section 19.

(2) The delegation must be in writing signed by the Minister.

”.

60. Section 46 amended

Section 46 is amended by deleting “$500 000” and inserting instead —

“ $1 000 000 ”.

Part 11 — Other Acts amended

61. Fines, Penalties and Infringement Notices Enforcement Act 1994

Section 3(1) of the Fines, Penalties and Infringement Notices Enforcement Act 1994* is amended by deleting the definition of “Director General” and inserting the following definition instead —

“

”.

[* Reprinted as at 2 November 2001.

62. Government Railways Act 1904

(1) The amendments in this section are to the Government Railways Act 1904*.

[* Reprinted as at 7 September 2001.]

(2) Section 2 is amended by deleting the definition of “Director General”.

(3) Section 28A(6) is amended as follows:

(a) by deleting “to the Director General of Transport”;

(b) by inserting before the full stop at the end of the subsection —

“

to the chief executive officer of the department of the Public Service principally assisting in the administration of the Transport Co‑ordination Act 1966

”.

(4) Section 28A(7) is amended by deleting “Where the Director General of Transport receives particulars of a service pursuant to subsection (6) the Director General of Transport” and inserting instead —

“

The chief executive officer who receives particulars of a service under subsection (6)

”.

63. Railways (Access) Act 1998

(1) The amendments in this section are to the Railways (Access) Act 1998*.

[* Reprinted as at 12 October 2001.]

(2) Section 14(5) is amended by deleting “Director General of Transport” and inserting instead —

“

chief executive officer of the department of the Public Service principally assisting in the administration of the Transport Co‑ordination Act 1966

”.

(3) Section 14(11) is amended as follows:

(a) by deleting the semicolon at the end of the definition of “Commissioner” and inserting a full stop instead;

(b) by deleting the definition of “Director General of Transport”.

64. Sentencing Act 1995

The Sentencing Act 1995* section 105(3) is amended by deleting “Director General of Transport (referred to in section 8 of the Transport Co‑ordination Act 1966) for the purposes of administering the licensing provisions of the Road Traffic Act 1974.” and inserting instead —

“

chief executive officer of the department of the Public Service principally assisting in the administration of the provisions of the Road Traffic Act 1974 that section 5 of that Act defines as the “licensing provisions of this Act” for the purposes of administering those provisions.

”.

[* Reprinted as at 4 May 2001.

For subsequent amendments see Acts Nos. 57 of 1999 and 23 and 24 of 2001.]

65. Stamp Act 1921

The Stamp Act 1921* section 76B is amended by deleting the definition of “Director General” and inserting the following definition instead —

“

”.

[* Reprinted as at 3 August 2001.]

Part 12 — Transitional matters

66. Transport Co‑ordination Ministerial Body

(1) In relation to the functions that the former body corporate had for the purposes of the Transport Co‑ordination Act 1966 before section 39 of this Act came into operation, the Transport Co‑ordination Ministerial Body established by section 6 of that Act as inserted by section 39 of this Act is a continuation of, and the same legal person as, the former body corporate.

(2) In this section —

“former body corporate” means the body corporate that was, before section 39 of this Act came into operation, constituted by the Minister under the Transport Co‑ordination Act 1966 section 7.

67. Agreements under former Transport Co‑ordination Act 1966 section 15C

(1) To the extent that, immediately before the commencement of this Act, an agreement under the former section 15C made provision about the performance of functions of the former Director General under a relevant Act, the agreement continues, when this Act comes into operation, as an agreement under the new provision of the relevant Act.

(2) To the extent that the agreement continues under subsection (1), it applies as if —

(a) instead of being made by the Minister referred to in the former section 15C, the agreement had been made by the Director General referred to in the new provision of the relevant Act; and

(b) instead of providing for the performance of functions of the former Director General, the agreement made similar provision for the performance of the corresponding functions of the Director General referred to in the new provision of the relevant Act.

(3) In this section —

“former Director General” means the Director General of Transport under the Transport Co‑ordination Act 1966 section 8 as in force before it was repealed by this Act;

“former section 15C” means the Transport Co‑ordination Act 1966 section 15C as in force before it was repealed by this Act;

“new provision” means —

(a) the Control of Vehicles (Off‑road Areas) Act 1978 section 4B;

(b) the Motor Vehicle Drivers Instructors Act 1963 section 4A;

(d) the Road Traffic Act 1974 section 6B;

“relevant Act” means —

(a) the Control of Vehicles (Off‑road Areas) Act 1978;

(b) the Motor Vehicle Drivers Instructors Act 1963;

(d) the Road Traffic Act 1974.

68. Delegations under former Transport Co‑ordination Act 1966 section 18

(1) To the extent that, immediately before the commencement of this Act, a delegation under the former section 18 applied to the performance of functions or powers of the former Director General under a relevant Act, the delegation continues, when this Act comes into operation, as a delegation under the new provision of the relevant Act.

(2) To the extent that the delegation continues under subsection (1), it applies as if —

(a) instead of being made by the former Director General, the delegation had been made by the Director General referred to in the new provision of the relevant Act;

(b) instead of delegating the performance of functions of the former Director General, the performance of the corresponding functions of the Director General referred to in the new provision of the relevant Act were delegated; and

(c) any Ministerial approval that would have been required in order for the delegation to be made under the new provision of the relevant Act had been given.

(3) In this section —

“former Director General” means the Director General of Transport under the Transport Co‑ordination Act 1966 section 8 as in force before it was repealed by this Act;

“former section 18” means the Transport Co‑ordination Act 1966 section 18 as in force before it was amended by this Act;

“new provision” means —

(a) the Control of Vehicles (Off‑road Areas) Act 1978 section 4A;

(b) the Motor Vehicle Drivers Instructors Act 1963 section 4;

(d) the Rail Safety Act 1998 section 57A;

(e) the Road Traffic Act 1974 section 6A; or

(f) the Transport Co‑ordination Act 1966 section 18;

“relevant Act” means —

(a) the Control of Vehicles (Off‑road Areas) Act 1978;

(b) the Motor Vehicle Drivers Instructors Act 1963;

(d) the Rail Safety Act 1998;

(e) the Road Traffic Act 1974; or

(f) the Transport Co‑ordination Act 1966.

69. Regulations about transitional matters

(1) If there is no sufficient provision in this Act for dealing with a transitional matter, regulations under an Act amended by this Act may include any provision that is required, or is necessary or convenient, for dealing with the transitional matter.

(2) In subsection (1) —

“transitional matter” means a matter that needs to be dealt with for the purpose of effecting the transition from the provisions of the Acts amended by this Act as in force before this Act comes into operation to the provisions of those Acts as in force after this Act comes into operation.

(3) Regulations including a provision described in subsection (1) may be expressed to have effect before the day on which they are published in the Gazette.

(4) To the extent that a regulation including a provision described in subsection (1) may have effect before the day of its publication in the Gazette, it does not —

(a) affect in a manner prejudicial to any person (other than the State or an agency of the State), the rights of that person existing before the day of its publication; or

(b) impose liabilities on any person (other than the State or an agency of the State) in respect of anything done or omitted to be done before the day of its publication.

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