Government Trading Enterprises Act 2023
Government Trading Enterprises Act 2023
Western Australia
Government Trading Enterprises Act 2023
Contents
Part 1 — Preliminary
1.Short title2
2.Commencement2
3.Terms used2
4.Term used: subsidiary4
5.Relationship to GTEs’ Establishing Acts5
6.Act binds Crown5
Notes
Compilation table6
Uncommenced provisions table6
Defined terms
Government Trading Enterprises Act 2023
·to provide for the purpose and governance of, strategic planning by, and accountability and control of, certain government trading enterprises; and
·to amend certain Acts consequentially; and
·for related purposes.
This is the Government Trading Enterprises Act 2023.
This Act comes into operation as follows —
(a)Part 1 — on the day on which this Act receives the Royal Assent;
(b)the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
(1)In this Act —
annual performance statement, for a GTE, means the GTE’s annual performance statement for the time being in effect under Part 6 Division 3;
board, in relation to a GTE, means the GTE’s board under section 11;
chief executive officer, in relation to a GTE, means the person holding or acting in the office of chief executive officer of the GTE under section 37 or 41;
Corporations Act means the Corporations Act 2001 (Commonwealth);
director, in relation to a GTE, means a member of the GTE’s board;
directors’ skills matrix, in relation to a GTE, has the meaning given in section 14;
Establishing Act, in relation to a GTE, means the Act under which the GTE is established;
executive officer, in relation to a GTE, means a member of staff of the GTE designated as an executive officer under section 43;
Government entity has the meaning given in the Salaries and Allowances Act 1975 section 7BA;
GTE means a body corporate established under 1 of the following —
(a)the Electricity Corporations Act 2005 section 4;
(b)the Port Authorities Act 1999 section 4;
(c)the Water Corporations Act 1995 section 4;
(d)the Western Australian Land Authority Act 1992 section 5;
GTE Minister means the Minister to whom the administration of this Act is committed;
member of staff, in relation to a GTE —
(a)means a person employed under the GTE’s Establishing Act; and
(b)includes a person who is a member of staff of a port authority by operation of the Port Authorities Act 1999;
Note for this definition:
A GTE’s chief executive officer is appointed under this Act and is not a member of staff as defined.
policy order has the meaning given in section 111(1);
Portfolio Minister, for a GTE or a subsidiary of a GTE, means the Minister to whom the administration of the GTE’s Establishing Act is committed;
prescribed means prescribed by regulations made under this Act;
remuneration has the meaning given in the Salaries and Allowances Act 1975 section 4(1);
specified, in relation to an instrument or document made under or referred to in this Act, means specified in that instrument or document;
statement of expectations, for a GTE, means the GTE’s statement of expectations for the time being in effect under Part 6 Division 2;
statement period has the meaning given in section 69(1);
subsidiary has the meaning given in section 4;
Treasurer means the Treasurer of the State;
unable to act, in relation to an office holder, includes being on leave, whether extended, for illness or otherwise.
(2)A reference in this Act to doing a thing or to a thing done includes a reference to omitting to do a thing or to a thing omitted to be done.
(1)In this Act —
subsidiary means an entity that is the subsidiary of another entity under subsection (2) or (3).
(2)The Corporations Act Part 1.2 Division 6 applies for the purpose of determining whether one entity is a subsidiary of another.
(3)An entity (entity B) is a subsidiary of another (entity A) if —
(a)entity B is a unit trust, joint venture or partnership; and
(b)entity A has an interest in, or other rights in connection with, entity B entitling entity A to —
(i)control the composition of the governing body of entity B; or
(ii)cast, or control the casting of, more than one‑half of the maximum number of votes that might be cast at a general meeting of entity B; or
(iii)control the business affairs of entity B.
5.Relationship to GTEs’ Establishing Acts
This Act is, in relation to a GTE’s Establishing Act, to be read with the Establishing Act as if they were a single Act.
This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
[Parts 2‑12have not come into operation.]
[Schedule 1has not come into operation.]
This is a compilation of the Government Trading Enterprises Act 2023. For provisions that have come into operation see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table. For provisions that have not yet come into operation see the uncommenced provisions table.
|
Short title |
Number and year |
Assent |
Commencement |
|
Government Trading Enterprises Act 2023 Pt. 1 |
13 of 2023 |
22 Jun 2023 |
22 Jun 2023 (see s. 2(a)) |
To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.
|
Short title |
Number and year |
Assent |
Commencement |
|
Government Trading Enterprises Act 2023 (other than Pt. 1) |
13 of 2023 |
22 Jun 2023 |
To be proclaimed (see s. 2(b)) |
Defined terms
[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)
annual performance statement3(1)
board3(1)
chief executive officer3(1)
Corporations Act3(1)
director3(1)
directors’ skills matrix3(1)
entity A4(3)
entity B4(3)
Establishing Act3(1)
executive officer3(1)
Government entity3(1)
GTE3(1)
GTE Minister3(1)
member of staff3(1)
policy order3(1)
Portfolio Minister3(1)
prescribed3(1)
remuneration3(1)
specified3(1)
statement of expectations3(1)
statement period3(1)
subsidiary3(1), 4(1)
Treasurer3(1)
unable to act3(1)