State Trading Concerns (Authorisation) Regulations 1998
Reprint 3: The Act as at 1 December 2006
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 Act 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.
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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 Act 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)
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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•removed (because it was repealed or deleted from the law); or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 Act has been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the Act was passed. 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 Act is 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.
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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 1
Part 1 — Prescribed financial entities (regulation 2)
Part 2 — Prescribed activities (regulation 3)
Schedule 2
Part 1 — Prescribed statutory corporations (regulation 4)
Part 2 — Prescribed activities (regulation 5)
Notes
Compilation table13
Defined Terms
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State Trading Concerns Act 1916
State Trading Concerns (Authorisation) Regulations 1998
These regulations may be cited as the State Trading Concerns (Authorisation) 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.]
[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 Environment
Department of Fisheries
Department of Health
Department of Industry and Resources
Department of Justice 2
Department of Land Information
Department of Treasury and Finance
Fire and Emergency Services Authority of
Department of Culture and the Arts
Department of Premier and Cabinet
Office of the Auditor General
Office of the Public Sector Standards Commissioner
Office of Water Regulation
[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; 1 Oct 2004 p. 4285; 15 Jul 2005 p. 3303‑4; 12 Aug 2005 p. 3657.]
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
Department of Environment
The provision by the Department of Environment of goods, information or intellectual property, scientific, technical, educational, training, management or advisory services relating to activities it carries out.
The provision or sale by the Department of Environment of advertising opportunities, or opportunities having a purpose similar to advertising in relation to its activities.
Department of Fisheries
The sale by the Department of Fisheries of publications relating to fisheries matters.
The provision or sale by the Department of Fisheries of advertising opportunities, or opportunities having a purpose similar to advertising.
The provision or sale by the Department of Fisheries of physical resources, information, intellectual property, scientific, technical, educational, training, management or advisory services to the Commonwealth Government or the private sector (whether in Australia or overseas).
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 2
The provision of information or intellectual property that is or has been developed by the Department of Justice 2 in relation to scientific, technical, educational, training, management and advisory services provided by the Department of Justice 2.
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 provision by the Department of Treasury and Finance of —
(a)goods, information or intellectual property; and
(b)scientific, technical, educational, training, management or advisory services,
relating to services provided by, or activities carried out by, the Department of Treasury and Finance.
Fire and Emergency Services Authority of
The provision by the Fire and Emergency Services Authority of Western Australia 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.
Department of Culture and the Arts
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 Department.
Participation in the licensing and sale of intellectual property associated with any multimedia productions, developed by the Department either singly or jointly, that relate to the subjects of culture or the arts.
Department of Premier and Cabinet
The provision by the Department of Premier and Cabinet of —
(a)goods, information, or intellectual property;
(b)training, management, or advisory services; or
(c)advertising opportunities, or opportunities to participate in arrangements having a purpose similar to advertising.
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.
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; 1 Oct 2004 p. 4285; 15 Jul 2005 p. 3303 and 3304; 12 Aug 2005 p. 3657; 15 Nov 2005 p. 5620; 17 Mar 2006 p. 1028.]
[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
WorkCover Western
[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; 15 Jul 2005 p. 3305.]
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.
WorkCover Western
The sale, leasing or licensing by the WorkCover Western Australia Authority of intellectual property or software that is, or has been, developed to meet the operational requirements of the WorkCover Western Australia Authority.
[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; 15 Jul 2005 p. 3305.]
1This reprint is a compilation as at 1 December 2006 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.
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Citation |
Gazettal |
Commencement |
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State Trading Concerns (Authorization) Regulations 1998 |
17 Apr 1998 p. 2105 |
17 Apr 1998 |
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State Trading Concerns (Authorization) Amendment Regulations (No. 2) 1998 |
26 Jun 1998 p. 3398 |
26 Jun 1998 |
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State Trading Concerns (Authorization) Amendment Regulations 1998 |
30 Jun 1998 p. 3547 |
30 Jun 1998 |
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State Trading Concerns (Authorization) Amendment Regulations (No. 3) 1998 |
3 Nov 1998 p. 6085‑6 |
3 Nov 1998 |
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State Trading Concerns (Authorization) Amendment Regulations 1999 |
19 Mar 1999 p. 1237 |
19 Mar 1999 |
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State Trading Concerns (Authorization) Amendment Regulations (No. 3) 1999 |
6 Jul 1999 p. 3073‑4 |
6 Jul 1999 |
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State Trading Concerns (Authorization) Amendment Regulations (No. 2) 1999 |
13 Jul 1999 p. 3173‑4 |
13 Jul 1999 |
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State Trading Concerns (Authorization) Amendment Regulations (No. 4) 1999 |
31 Aug 1999 p. 4241‑4 |
31 Aug 1999 |
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State Trading Concerns (Authorization) Amendment Regulations (No. 5) 1999 |
21 Jan 2000 p. 345‑6 |
21 Jan 2000 |
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State Trading Concerns (Authorization) Amendment Regulations 2000 |
18 Feb 2000 p. 915‑17 (correction 29 Feb 2000 p. 996) |
18 Feb 2000 |
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State Trading Concerns (Authorization) Amendment Regulations (No. 2) 2000 |
5 May 2000 p. 2139‑40 |
5 May 2000 |
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Reprint of the State Trading Concerns (Authorization) Regulations 1998 as at 15 Sep 2000 (includes amendments listed above) |
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State Trading Concerns (Authorisation) Amendment Regulations (No. 5) 2000 |
3 Nov 2000 p. 6108‑9 |
3 Nov 2000 |
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State Trading Concerns (Authorisation) Amendment Regulations (No. 6) 2000 |
5 Jan 2001 p. 126 |
5 Jan 2001 |
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State Trading Concerns (Authorisation) Amendment Regulations (No. 7) 2000 |
20 Feb 2001 p. 1084‑5 |
20 Feb 2001 |
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State Trading Concerns (Authorisation) Amendment Regulations 2001 |
22 Feb 2002 p. 766 |
22 Feb 2002 |
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State Trading Concerns (Authorisation) Amendment Regulations (No. 2) 2001 |
26 Feb 2002 p 787‑8 |
26 Feb 2002 |
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State Trading Concerns (Authorisation) Amendment Regulations (No. 2) 2002 |
7 Jun 2002 p. 2732‑3 |
7 Jun 2002 |
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State Trading Concerns (Authorization) Amendment Regulations 2002 |
9 Aug 2002 p. 3856 |
9 Aug 2002 |
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State Trading Concerns (Authorisation) Amendment Regulations (No. 3) 2002 |
12 Nov 2002 p. 5467‑8 |
12 Nov 2002 |
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State Trading Concerns (Authorisation) Amendment Regulations (No. 5) 2002 |
3 Jan 2003 p. 12‑13 |
3 Jan 2003 |
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State Trading Concerns (Authorisation) Amendment Regulations (No. 2) 2003 |
28 Mar 2003 p. 985‑6 |
28 Mar 2003 |
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State Trading Concerns (Authorisation) Amendment Regulations (No. 4) 2002 |
13 Jun 2003 p. 2118‑19 |
13 Jun 2003 |
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State Trading Concerns (Authorisation) Amendment Regulations (No. 4) 2003 |
1 Jul 2003 p. 2663‑4 |
1 Jul 2003 |
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State Trading Concerns (Authorisation) Amendment Regulations (No. 3) 2003 |
30 Sep 2003 p. 4259 |
30 Sep 2003 |
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State Trading Concerns (Authorisation) Amendment Regulations (No. 7) 2003 |
24 Oct 2003 p. 4499‑500 |
24 Oct 2003 |
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State Trading Concerns (Authorisation) Amendment Regulations 2003 |
28 Oct 2003 p. 4530‑1 |
28 Oct 2003 |
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State Trading Concerns (Authorisation) Amendment Regulations (No. 5) 2003 |
19 Mar 2004 p. 915‑16 |
19 Mar 2004 |
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State Trading Concerns (Authorisation) Amendment Regulations (No. 10) 2003 |
19 Mar 2004 p. 916‑17 |
19 Mar 2004 |
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State Trading Concerns (Authorisation) Amendment Regulations (No. 9) 2003 |
23 Mar 2004 p. 978‑9 |
23 Mar 2004 |
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Reprint 2: The State Trading Concerns (Authorisation) Regulations 1998 as at 6 Aug 2004 (includes amendments listed above) |
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State Trading Concerns (Authorisation) Amendment Regulations (No. 2) 2004 |
1 Oct 2004 p. 4285 |
1 Oct 2004 |
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State Trading Concerns (Authorisation) Amendment Regulations 2005 |
15 Jul 2005 p. 3303‑5 |
15 Jul 2005 |
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State Trading Concerns (Authorisation) Amendment Regulations (No. 2) 2005 |
12 Aug 2005 p. 3657 |
12 Aug 2005 |
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State Trading Concerns (Authorisation) Amendment Regulations (No. 3) 2005 |
15 Nov 2005 p. 5620 |
15 Nov 2005 |
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State Trading Concerns (Authorisation) Amendment Regulations (No. 4) 2005 |
17 Mar 2006 p. 1028 |
17 Mar 2006 (see r. 2) |
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Reprint 3: The State Trading Concerns (Authorisation) Regulations 1998 as at 1 Dec 2006 (includes amendments listed above) |
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2Under the Public Sector Management Act 1994 departments can be established and named. At the time this reprint was prepared, the designation of the department known as the Department of Justice has been altered to the Department of the Attorney General and the Department of Corrective Services is established.
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined TermProvision(s)
land information adding valueSch. 2 Pt. 2
scientific supportSch. 2 Pt. 2
servicesSch. 2 Pt. 2
By Authority: JOHN A. STRIJK, Government Printer