Western Australia

State Trading Concerns Act 1916

State Trading Concerns (Authorisation) Regulations 1998

Reprint 2: The regulations as at 6 August 2004

Guide for using this reprint

What the reprint includes

Endnotes, Compilation table, and Table of provisions that have not come into operation

1.Details about the original regulations and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.

2.Transitional, savings, or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.

3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.

Notes amongst text (italicised and within square brackets)

1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table).

Notes of this kind may also be at the foot of Schedules or headings.

2.The other kind of editorial note shows something has been —

•removed (because it was repealed or deleted from the law); or

•omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).

The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.

Reprint numbering and date

1.The reprint number (in the footer of each page of the document) shows how many times the regulations have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the regulations were published. Reprint numbering was implemented as from 1 January 2003.

2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.

Reprinted under the Reprints Act 1984 as

at 6 August 2004

Western Australia

State Trading Concerns (Authorisation) Regulations 1998

CONTENTS

1.Citation1

2.Prescribed financial entities (section 4A(2)(a))1

3.Prescribed activities by financial entities (section 4A(2)(b))1

4.Prescribed statutory corporations (section 4B(2))1

5.Prescribed activities by statutory corporations (section 4B(2))2

Schedule 13

Part 1 — Prescribed financial entities (regulation 2)3

Part 2 — Prescribed activities (regulation 3)4

Schedule 29

Part 1 — Prescribed statutory corporations (regulation 4)9

Part 2 — Prescribed activities (regulation 5)9

Notes

Compilation table12

	Reprinted under the Reprints Act 1984 as
	at 6 August 2004

Western Australia

State Trading Concerns Act 1916

State Trading Concerns (Authori sation) Regulations 1998

1.Citation

These regulations may be cited as the State Trading Concerns (Authoris ation) Regulations 1998 1.

2.Prescribed financial entities (section 4A(2)(a))

The financial entities set out in Schedule 1 Part 1 are prescribed financial entities for the purposes of section 4A(2)(a) of the Act.

3.Prescribed activities by financial entities (section 4A(2)(b))

The activities set out in Schedule 1 Part 2 are prescribed activities for the financial entities to which they relate, for the purposes of section 4A(2)(b) of the Act.

4.Prescribed statutory corporations (section 4B(2))

The statutory corporations set out in Schedule 2 Part 1 are prescribed statutory corporations for the purposes of section 4B(2) of the Act.

[Regulation 4 inserted in Gazette 18 Feb 2000 p. 916.]

5.Prescribed activities by statutory corporations (section 4B(2))

The activities set out in Schedule 2 Part 2 are prescribed activities for the prescribed statutory corporations to which they relate, for the purposes of section 4B(2) of the Act.

[Regulation 5 inserted in Gazette 18 Feb 2000 p. 916.]

Schedule 1

[Heading inserted in Gazette 31 Aug 1999 p. 4241.]

Part 1 — Prescribed financial entities (regulation 2)

Chemistry Centre (WA)

Commissioner for Equal Opportunity

Department for Community Development

Department for Planning and Infrastructure

Department of Consumer and Employment Protection

Department of Environmental Protection 2

Department of Health

Department of Industry and Resources

Department of Justice

Department of Land Information

Department of Treasury and Finance

Fire and Emergency Services Department 3

Ministry for Culture and the Arts 4

Ministry of the Premier and Cabinet 5

Office of the Auditor General

Office of the Public Sector Standards Commissioner

Office of Water Regulation

Western Australia Police Service

[Part 1 inserted in Gazette 31 Aug 1999 p. 4241; amended in Gazette 21 Jan 2000 p. 346; 18 Feb 2000 p. 916 (correction in Gazette 29 Feb 2000 p. 996); 5 May 2000 p. 2140; 3 Nov 2000 p. 6109; 7 Jun 2002 p. 2733; 9 Aug 2002 p. 3856; 12 Nov 2002 p. 5468; 3 Jan 2003 p. 12; 13 Jun 2003 p. 2118; 30 Sep 2003 p. 4259; 24 Oct 2003 p. 4500; 19 Mar 2004 p. 916 and 917; 23 Mar 2004 p. 979.]

Part 2 — Prescribed activities (regulation 3)

Chemistry Centre (WA)

The provision by the Chemistry Centre (WA) of scientific support (primarily chemistry based) to industry and to the public.

In this item —

“scientific support” includes —

(a)providing analytical information;

(b)providing expert advice and expert evidence;

(c)solving problems; and

(d)carrying out investigative and applied research projects.

Commissioner for Equal Opportunity

The provision by the Commissioner for Equal Opportunity of training services related to promoting the objects of the Equal Opportunity Act 1984.

Department for Community Development

The sale by the Department for Community Development of goods, information, publications, or intellectual property, relating to community development.

The provision or sale by the Department for Community Development of advertising opportunities or opportunities having a purpose similar to advertising, relating to community development.

The provision by the Department for Community Development of training, management, or advisory services, relating to community development.

Department for Planning and Infrastructure

The provision by the Department for Planning and Infrastructure (in the State or elsewhere) of goods, information, or intellectual property relating to transport matters.

Department of Consumer and Employment Protection

The provision by the Department of Consumer and Employment Protection —

(a)of services to overseas clients, including training, and services of a technical, educational, managerial and advisory nature;

(b)generally, of goods, information and intellectual property, and of services, relating to consumer protection matters;

(c)of goods (including technical and safety publications), information and intellectual property relating to technical and safety issues in the energy industry;

(d)specifically, of —

(i)intellectual property; and

(ii)the sale or provision of advertising opportunities, or opportunities having a purpose similar to advertising,

relating to Worksafe Western Australia .

Department of Environmental Protection 2

The provision by the Department of Environmental Protection of information or intellectual property, scientific, technical, educational, training, management or advisory services to the private sector or the Commonwealth Government.

Department of Health

The provision by the Department of Health of goods, information or intellectual property relating to health matters.

Department of Industry and Resources

The sale, leasing or licensing of intellectual property or software that is or has been developed by the Department of Industry and Resources.

The provision of management, advisory and training services relating to activities developed or currently carried out, by the Department of Industry and Resources.

Department of Justice

The provision of information or intellectual property that is or has been developed by the Department of Justice in relation to scientific, technical, educational, training, management and advisory services provided by the Department of Justice.

Department of Land Information

The provision by the Department of Land Information of services, maps, land information and computer software developed primarily by the department for the administration of land, and the sales and licensing of intellectual property rights, and access to digital land information and software.

The provision by the Department of Land Information of land information value adding services, by means of entering into contractual arrangements with organisations that provide —

(a)land information value adding services; or

(b)services that add value to intellectual property developed by the Department of Land Information.

In this item —

“land information” includes information relating to land ownership, land boundaries, topographic features, the geodetic network infrastructure, property street address, mapping, aerial photography and satellite remote‑sensed data.

“land information value adding services” includes specialist analysis of data contained in land information, integrating different sets of data contained in land information and creating new data from data contained in land information.

“services” includes technical, educational, training, managerial and advisory services.

Department of Treasury and Finance

The sale by the Department of Treasury and Finance of goods, information, intellectual property or software or other systems acquired or developed by it for the administration of revenue laws.

The provision by the Department of Treasury and Finance of technical, educational, training, managerial and advisory services for the administration of revenue laws.

Fire and Emergency Services Department 3

The provision by the Fire and Emergency Services Department of advertising opportunities, by means of entering into arrangements under which departmental property specified in the arrangement may be used for the display of advertising, in return for money or goods.

Ministry for Culture and the Arts 4

Participation in the marketing, licensing and sale of intellectual property associated with a grants administration system developed primarily to administer the arts funding division of the Ministry.

Participation in the licensing and sale of intellectual property associated with any multimedia productions, developed by the Ministry either singly or jointly, that relate to the subjects of culture or the arts.

Ministry of the Premier and Cabinet 5

The provision by the Ministry of the Premier and Cabinet of —

(a)goods, information, or intellectual property;

(b)training, management, or advisory services; or

(c)advertising opportunities in publications of the Ministry.

Office of the Auditor General

The provision by the Office of the Auditor General of information or intellectual property, and training, management or advisory services, relating to auditing, and other activities developed, or currently carried out, by the Office of the Auditor General.

Office of the Public Sector Standards Commissioner

The sale of the Office of the Public Sector Standards Commissioner of equal employment opportunity publications or the sale or licensing by that Office of equal employment opportunity intellectual property, developed primarily to meet the operational requirements of the Director of Equal Opportunity in Public Employment.

The provision by the Office of the Public Sector Standards Commissioner of equal employment opportunity educational or advisory services.

Office of Water Regulation

The provision or sale by the Office of Water Regulation of goods, information, or publications as a part of, or incidental to, the hosting of a 4 day international conference between 29 September and 2 October 2003.

Western Australia Police Service

The provision by the Western Australia Police Service of goods, information or intellectual property, technical, educational, training, management or advisory services relating to services provided by or activities carried out by Western Australia Police Service.

[Part 2 inserted in Gazette 31 Aug 1999 p. 4241‑3; amended in Gazette 21 Jan 2000 p. 346; 18 Feb 2000 p. 916 (correction in Gazette 29 Feb 2000 p. 996); 5 May 2000 p. 2140; 3 Nov 2000 p. 6109; 5 Jan 2001 p. 126; 7 Jun 2002 p. 2733; 9 Aug 2002 p. 3856; 12 Nov 2002 p. 5468; 3 Jan 2003 p. 12; 13 Jun 2003 p. 2118‑19; 30 Sep 2003 p. 4259; 24 Oct 2003 p. 4500; 19 Mar 2004 p. 916 and 917; 23 Mar 2004 p. 979.]

Schedule 2

[Heading inserted in Gazette 18 Feb 2000 p. 917.]

[r. 4, 5]

Part 1 — Prescribed statutory corporations (regulation 4)

Boards of public hospitals where the management and control of the hospital is vested in the Minister under section 7 of the Hospitals and Health Services Act 1927 (thereby deeming the Minister to be the board of that hospital and to be incorporated under the name of that board).

Disability Services Commission

Metropolitan Cemeteries Board

Small Business Development Corporation

The Western Australian Government Railways Commission

Western Australian Alcohol and Drug Authority

Wheatbelt Development Commission

Workers’ Compensation and Rehabilitation Commission

[Part 1 inserted in Gazette 18 Feb 2000 p. 917; amended in Gazette 20 Feb 2001 p. 1085; 22 Feb 2002 p. 766; 26 Feb 2002 p. 787; 3 Jan 2003 p. 12‑13; 28 Mar 2003 p. 985; 1 Jul 2003 p. 2664; 28 Oct 2003 p. 4530.]

Part 2 — Prescribed activities (regulation 5)

Boards of public hospitals

The provision by a hospital board of goods, information or intellectual property relating to the functions of that hospital board.

Disability Services Commission

The sale, leasing or licensing by the Disability Services Commission of goods, information, publications or intellectual property relating to disability services.

The provision or sale by the Disability Services Commission of advertising opportunities or opportunities having a purpose similar to advertising, relating to disability services.

The provision by the Disability Services Commission of educational, training, management or advisory services relating to disability services.

Metropolitan Cemeteries Board

The provision by the Metropolitan Cemeteries Board of —

(a)the cemetery renewal manual and records system and enhancements of the manual or system;

(b)scientific, technical, educational, training, management or advisory services relating to cemetery management services; and

(c)advertising opportunities on the Board’s property.

Small Business Development Corporation

The provision by Small Business Development Corporation of  —

(a)goods, information, or intellectual property developed by the Corporation;

(b)scientific, technical, educational, training, management, or advisory services; or

(c)advertising opportunities.

The Western Australian Government Railways Commission

The provision (in the State or elsewhere) by The Western Australian Government Railways Commission of training, management, or advisory services.

Western Australian Alcohol and Drug Authority

Subject to section 5(4)(e) of the Alcohol and Drug Authority Act 1974, the sale, leasing or licensing by the Western Australian Alcohol and Drug Authority of goods that are, or have been, developed in relation to alcohol or drug programs.

The sale, leasing or licensing by the Western Australian Alcohol and Drug Authority of information or intellectual property that is, or has been, developed in relation to alcohol or drug programs.

The provision by the Western Australian Alcohol and Drug Authority of scientific, technical, educational, training, managerial and advisory services, in relation to alcohol or drug programs.

Wheatbelt Development Commission

The provision by the Wheatbelt Development Commission of —

(a)goods, information or intellectual property developed by the Commission;

(b)scientific, technical, educational, training, management or advisory services; or

(c)advertising opportunities.

Workers’ Compensation and Rehabilitation Commission

The sale, leasing or licensing by the Workers’ Compensation and Rehabilitation Commission of intellectual property or software that is, or has been, developed to meet the operational requirements of the Workers’ Compensation and Rehabilitation Commission.

[Part 2 inserted in Gazette 18 Feb 2000 p. 917; amended in Gazette 20 Feb 2001 p. 1085; 22 Feb 2002 p. 766; 26 Feb 2002 p. 788; 3 Jan 2003 p. 13; 28 Mar 2003 p. 986; 1 Jul 2003 p. 2664; 28 Oct 2003 p. 4530‑1.]

Notes

1This reprint is a compilation as at 6 August 2004 of the State Trading Concerns (Authorisation) Regulations 1998 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation	Gazettal	Commencement
State Trading Concerns (Authoriz ation) Regulations 1998	17 Apr 1998 p. 2105	17 Apr 1998
State Trading Concerns (Authoriz ation) Amendment Regulations (No. 2) 1998	26 Jun 1998 p. 3398	26 Jun 1998
State Trading Concerns (Authoriz ation) Amendment Regulations 1998	30 Jun 1998 p. 3547	30 Jun 1998
State Trading Concerns (Authoriz ation) Amendment Regulations (No. 3) 1998	3 Nov 1998 p. 6085‑6	3 Nov 1998
State Trading Concerns (Authoriz ation) Amendment Regulations 1999	19 Mar 1999 p. 1237	19 Mar 1999
State Trading Concerns (Authoriz ation) Amendment Regulations (No. 3) 1999	6 Jul 1999 p. 3073‑4	6 Jul 1999
State Trading Concerns (Authoriz ation) Amendment Regulations (No. 2) 1999	13 Jul 1999 p. 3173‑4	13 Jul 1999
State Trading Concerns (Authoriz ation) Amendment Regulations (No. 4) 1999	31 Aug 1999 p. 4241‑4	31 Aug 1999
State Trading Concerns (Authoriz ation) Amendment Regulations (No. 5) 1999	21 Jan 2000 p. 345‑6	21 Jan 2000
State Trading Concerns (Authoriz ation) Amendment Regulations 2000	18 Feb 2000 p. 915‑7 (Correction in Gazette 29 Feb 2000 p. 996)	18 Feb 2000
State Trading Concerns (Authoriz ation) Amendment Regulations (No. 2) 2000	5 May 2000 p. 2139‑40	5 May 2000
Reprint of the State Trading Concerns (Authorization) Regulations 1998 as at 15 Sep 2000 (includes amendments listed above)
State Trading Concerns (Authorisation) Amendment Regulations (No. 5) 2000	3 Nov 2000 p. 6108‑9	3 Nov 2000
State Trading Concerns (Authorisation) Amendment Regulations (No. 6) 2000	5 Jan 2001 p. 126	5 Jan 2001
State Trading Concerns (Authorisation) Amendment Regulations (No. 7) 2000	20 Feb 2001 p. 1084‑5	20 Feb 2001
State Trading Concerns (Authori sation) Amendment Regulations 2001	22 Feb 2002 p. 766	22 Feb 2002
State Trading Concerns (Authori sation) Amendment Regulations (No. 2) 2001	26 Feb 2002 p 787‑8	26 Feb 2002
State Trading Concerns (Authorisation) Amendment Regulations (No. 2) 2002	7 Jun 2002 p. 2732‑3	7 Jun 2002
State Trading Concerns (Authori zation) Amendment Regulations 2002	9 Aug 2002 p. 3856	9 Aug 2002
State Trading Concerns (Authorisation) Amendment Regulations (No. 3) 2002	12 Nov 2002 p. 5467‑8	12 Nov 2002
State Trading Concerns (Authorisation) Amendment Regulations (No. 5) 2002	3 Jan 2003 p. 12‑13	3 Jan 2003
State Trading Concerns (Authorisation) Amendment Regulations (No. 2) 2003	28 Mar 2003 p. 985‑6	28 Mar 2003
State Trading Concerns (Authorisation) Amendment Regulations (No. 4) 2002	13 Jun 2003 p. 2118‑19	13 Jun 2003
State Trading Concerns (Authorisation) Amendment Regulations (No. 4) 2003	1 Jul 2003 p. 2663‑4	1 Jul 2003
State Trading Concerns (Authorisation) Amendment Regulations (No. 3) 2003	30 Sep 2003 p. 4259	30 Sep 2003
State Trading Concerns (Authorisation) Amendment Regulations (No. 7) 2003	24 Oct 2003 p. 4499‑500	24 Oct 2003
State Trading Concerns (Authorisation) Amendment Regulations 2003	28 Oct 2003 p. 4530‑1	28 Oct 2003
State Trading Concerns (Authorisation) Amendment Regulations (No. 5) 2003	19 Mar 2004 p. 915‑16	19 Mar 2004
State Trading Concerns (Authorisation) Amendment Regulations (No. 10) 2003	19 Mar 2004 p. 916‑17	19 Mar 2004
State Trading Concerns (Authorisation) Amendment Regulations (No. 9) 2003	23 Mar 2004 p. 978‑9	23 Mar 2004
Reprint 2: The State Trading Concerns (Authorisation) Regulations 1998 as at 6 Aug 2004 (includes amendments listed above)

2Under the Alteration of Statutory Designations Order 2004 a reference in any law to the Department of Environmental Protection is, unless the contrary is intended, to be read and construed as a reference to the Department of Environment.

3Superseded by the Fire and Emergency Services Authority of Western Australia which was established by the Fire and Emergency Services Authority of Western Australia Act 1998.

4Under the Alteration of Statutory Designations Order (No. 3) 2001 a reference in any law to the Ministry of Culture and the Arts is to be read and construed as a reference to the Department of Culture and the Arts.

5Under the Alterations of Statutory Designations Order (No. 3) 2001 a reference in any law to the Ministry of Premier and Cabinet is to be read and construed as a reference to the Department of Premier and Cabinet.

By Authority: JOHN A. STRIJK, Government Printer