Statutes (Repeals and Minor Amendments) Act 2025 00-00-00 Xml

Western Australia

Statutes (Repeals and Minor Amendments) Act 2025

Contents

Part 1 — Preliminary

1.Short title2

2.Commencement2

Part 2 — Repeals

3.WA Acts repealed3

4.Imperial enactments repealed3

Part 3 — Amendments

Division 1 — Amendments to change references to externally‑administered body corporate or externally‑administered corporation

5.Betting Control Act 1954 amended6

6.Energy Coordination Act 1994 amended6

7.Pharmacy Act 2010 amended6

8.Various references to “an externally‑administered body corporate” amended7

Division 2 — Insurance Commission of Western Australia Act 1986 and Acts Amendment (ICWA) Act 1996 amended

9.Insurance Commission of Western Australia Act 1986 amended8

Part 5 — State Government Insurance Office Act 1938 repealed

10.Acts Amendment (ICWA) Act 1996 amended8

Division 3 — Miscellaneous amendments

11.Bank of Western Australia Act 1995 amended8

12.Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Act 2007 amended9

13.Building Act 2011 amended9

14.Business Licensing Amendment Act 1995 amended10

15.City of Perth Act 2016 amended10

16.Civil Liability Act 2002 amended10

17.Constitution Acts Amendment Act 1899 amended11

18.Cross‑border Justice Act 2008 amended11

19.Distress for Rent Abolition Act 1936 amended12

20.Education and Care Services National Law (WA) Act 2012 amended12

21.Electricity Industry Act 2004 amended12

22.Finance Brokers Control Act 1975 amended13

23.Fines, Penalties and Infringement Notices Enforcement Act 1994 amended13

24.Fire Brigades Act 1942 amended14

25.Fuel, Energy and Power Resources Act 1972 amended14

26.Health (Miscellaneous Provisions) Act 1911 amended15

27.Medicines and Poisons Act 2014 amended15

28.Misuse of Drugs Act 1981 amended15

29.Motor Vehicle Dealers Amendment Act 2003 amended15

30.Planning and Development Act 2005 amended15

31.Plumbers Licensing Act 1995 amended16

32.Pollution of Waters by Oil and Noxious Substances Act 1987 amended16

33.Public Trustee Act 1941 amended16

34.Railway (Tilley to Karara) Act 2010 amended16

35.Residential Tenancies Act 1987 amended17

36.Teacher Registration Act 2012 amended17

Western Australia

Statutes (Repeals and Minor Amendments) Act 2025

No. 14 of 2025

An Act to —

·repeal various obsolete Acts; and

·repeal various obsolete Imperial Acts or provisions of them in so far as they are part of the law of Western Australia; and

·make minor amendments to various Acts.

[Assented to 25 September 2025]

The Parliament of Western Australia enacts as follows:

Part 1 — Preliminary

1.Short title

This is the Statutes (Repeals and Minor Amendments) Act 2025.

2.Commencement

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 the day after that day.

Part 2 — Repeals

3.WA Acts repealed

These Acts are repealed:

(a)the Bell Group Companies (Finalisation of Matters and Distribution of Proceeds) Act 2015;

(b)the Curriculum Council (Fees and Charges) Act 2006;

(c)the Fire and Emergency Services Authority of Western Australia (Consequential Provisions) Act 1998;

(d)the Housing Societies Repeal Act 2005;

(e)the Mental Health Legislation Amendment Act 2014;

(f)the Morawa‑Koolanooka Hills Railway Act 1964;

(g)the Railway Standardisation Agreement Act 1961;

(h)the Retirement Villages Amendment Act 2012;

(i)the Water Services Legislation Amendment and Repeal Act 2012.

4.Imperial enactments repealed

(1)These Imperial Acts or provisions of them are repealed in so far as they are part of the law of Western Australia:

(a)section 14 of 2 & 3 Vict. c. 11 (1839)
[An Act for the better Protection of Purchasers against Judgments, Crown Debts, Lis Pendens, and Fiats in Bankruptcy.]
[Judgments Act 1839 (Imp)]
[Adopted by the Imperial Acts Adopting Ordinance 1867];

(b)2 & 3 Vict. c. 60 (1839)
[An Act to explain and extend the Provisions of an Act passed in the First year of His late Majesty King William the Fourth, intituled ‘An Act for consolidating and amending the Laws for facilitating the Payment of Debts out of Real Estates’.]
[Debts Recovery Act 1839 (Imp)]
[Adopted by the Imperial Acts Adopting Act 1844];

(c)6 & 7 Will. IV c. 58 (1836)
[An Act for declaring the Law as to the Day on which it is requisite to present for Payment to the Acceptors or Acceptor supra Protest for Honour, or to the Referees or Referee, in case of Need, Bills of Exchange which had been dishonoured.]
[Bills of Exchange (day for payment) (1836) (Imp)]
[Adopted by the Imperial Acts Adopting Act 1844];

(d)2 & 3 Will. IV c. 98 (1832)
[An Act for regulating the protesting for Non‑payment of Bills of Exchange, drawn payable at a Place not being the Place of the Residence of the Drawee or Drawees of the same.]
[Bills of exchange (non‑payment) (1832) (Imp)]
[Adopted by the Imperial Acts Adopting Act 1836];

(e)11 Geo. IV & 1 Will. IV c. 40 (1830)
[An Act for making better provision for the Disposal of the undisposed of Residues of the Effects of Testators.]
[Executors Act 1830 (Imp)]
[Adopted by the Imperial Acts Adopting Act 1836];

(f)11 Geo. IV & 1 Will. IV c. 47 (1830)
[An Act for consolidating and amending the Laws for facilitating the Payment of Debts out of Real Estate.]
[Debts Recovery Act 1830 (Imp)]
[Adopted by the Imperial Acts Adopting Act 1836];

(g)11 Geo. IV & 1 Will. IV c. 65 (1830)
[An Act for consolidating and amending the Laws relating to Property belonging to Infants, Femes Covert, Idiots, Lunatics, and Persons of Unsound Mind.]
[Infants’ Property Act 1830 (Imp)]
[Adopted by the Imperial Acts Adopting Act 1836];

(h)section 9 of 18 & 19 Vict. c. 15 (1855)
[An Act for the better Protection of Purchasers against Judgments, Crown Debts, Cases of Lis Pendens and Life Annuities or Rentcharges.]
[Judgments Act 1855 (Imp)]
[Adopted by the Imperial Acts Adopting Ordinance 1867].

(2)In respect of each Imperial enactment referred to in subsection (1), the Interpretation Act 1984 Part V applies as if a reference in that Part to the repeal of a written law or to the repeal of an enactment were a reference to the repeal of the Imperial enactment.

Part 3 — Amendments

Division 1 — Amendments to change references to externally‑administered body corporate or externally‑administered corporation

5.Betting Control Act 1954 amended

(1)This section amends the Betting Control Act 1954.

(2)In section 10K(1) in the definition of grounds paragraph (d) delete “an externally administered corporation” and insert:

a Chapter 5 body corporate

6.Energy Coordination Act 1994 amended

(1)This section amends the Energy Coordination Act 1994.

(2)In section 11ZE(1)(c) delete “an externally administered corporation” and insert:

a Chapter 5 body corporate

7.Pharmacy Act 2010 amended

(1)This section amends the Pharmacy Act 2010.

(2)In section 58(1)(c) delete “an externally administered body corporate” and insert:

a Chapter 5 body corporate

8.Various references to “an externally‑administered body corporate” amended

(1)This section amends the Acts listed in the Table.

(2)In the provisions listed in the Table:

(a)delete “an externally‑administered body corporate” and insert:

a Chapter 5 body corporate

(b)delete “an externally‑administered body corporate” and insert:

a Chapter 5 body corporate

Table

Construction Contracts (Former Provisions) Act 2004	Sch. 1 cl. 10(1) def. of insolvent par. (b)
Contaminated Sites Act 2003	s. 3(1) def. of insolvent par. (b)
Electricity Industry Act 2004	s. 35(1)(c)
Limited Partnerships Act 2016	s. 88(1) def. of insolvent par. (b)
Liquor Control Act 1988	s. 34(2)(a)(iv) s. 86(6)
Water Services Act 2012	s. 34(2)(b)(i)

Division 2 — Insurance Commission of Western Australia Act 1986 and Acts Amendment (ICWA) Act 1996 amended

9.Insurance Commission of Western Australia Act 1986 amended

(1)This section amends the Insurance Commission of Western Australia Act 1986.

(2)Delete the heading to Part V and insert:

Part 5 — State Government Insurance Office Act 1938 repealed

(3)Delete sections 47 and 48.

(4)Delete Schedule 4.

Note:The heading to section 46 is to read:

Act repealed

10.Acts Amendment (ICWA) Act 1996 amended

(1)This section amends the Acts Amendment (ICWA) Act 1996.

(2)Delete section 25.

(3)Delete section 28.

(4)Delete Schedule 1 item 3.

(5)Delete Schedule 1 item 8.

Division 3 — Miscellaneous amendments

11.Bank of Western Australia Act 1995 amended

(1)This section amends the Bank of Western Australia Act 1995.

(2)In section 19 delete the definition of mandatory articles.

(3)Delete Part 3 Division 3.

(4)In section 29 delete “23,”.

Note:The heading to amended section 29 is to read:

Enforcement of s. 26 and 27 only by injunction

(5)In section 30(1):

(a)in paragraph (a) delete “23, 26 or 27 or of the mandatory articles; or” and insert:

26 or 27; or

(b)in paragraph (b) delete “23, 26 or 27 or of the mandatory articles.” and insert:

26 or 27.

Note:The heading to amended section 30 is to read:

Supreme Court’s powers for enforcement of s. 26 and 27

12.Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Act 2007 amended

(1)This section amends the Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Act 2007.

(2)Delete section 85(1) to (3).

13.Building Act 2011 amended

(1)This section amends the Building Act 2011.

(2)In section 19(3) after “applicable” insert:

building

14.Business Licensing Amendment Act 1995 amended

(1)This section amends the Business Licensing Amendment Act 1995.

(2)Delete Parts 2 and 3.

15.City of Perth Act 2016 amended

(1)This section amends the City of Perth Act 2016.

(2)In section 23(1) delete the definition of industry scheme and insert:

industry scheme has the meaning given in regulations made under the Local Government Act 1995 section 5.47.

16.Civil Liability Act 2002 amended

(1)This section amends the Civil Liability Act 2002.

(2)In section 4(2):

(a)in paragraph (a) delete “Labour Price Index (formerly known as the Wage Cost Index), ordinary time hourly rates of pay (excluding bonuses) for Western Australia (in this subsection called the LPI)” and insert:

Wage Price Index (formerly known as the Labour Price Index), ordinary time hourly rates of pay (excluding bonuses) for Western Australia (the WPI)

(b)in paragraph (b) delete “LPI” and insert:

WPI

17.Constitution Acts Amendment Act 1899 amended

(1)This section amends the Constitution Acts Amendment Act 1899.

(2)In Schedule V Part 1 Division 1 delete the item for Chairman of the Coal Industry Superannuation Board.

(3)In Schedule V Part 3 delete the item for The Hairdressers Registration Board of Western Australia.

18.Cross‑border Justice Act 2008 amended

(1)This section amends the Cross‑border Justice Act 2008.

(2)In section 7(1) in the definition of magistrate delete paragraph (b) and insert:

(b)if the jurisdiction is another participating jurisdiction —

(i)in the case of South Australia — a magistrate of South Australia under its cross‑border laws; or

(ii)in the case of the Northern Territory — a Local Court Judge of the Northern Territory under its cross‑border laws;

(3)In the examples to the provisions listed in the Table delete “NT magistrate” (each occurrence) and insert:

NT Local Court Judge

Table

s. 53	s. 55
s. 81	s. 82
s. 90

19.Distress for Rent Abolition Act 1936 amended

(1)This section amends the Distress for Rent Abolition Act 1936.

(2)Delete section 3.

20.Education and Care Services National Law (WA) Act 2012 amended

(1)This section amends the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law (WA) Act 2012.

(2)In Schedule 1 clause 38 after “and” insert:

21.Electricity Industry Act 2004 amended

(1)This section amends the Electricity Industry Act 2004.

(2)Delete section 79(4).

(3)Delete section 81(6).

(4)Delete section 92(6).

(5)Delete Schedule 3.

22.Finance Brokers Control Act 1975 amended

(1)This section amends the Finance Brokers Control Act 1975.

(2)Delete section 30(3) and insert:

(3)A person may at any time surrender a licence, and must do so if the person ceases to satisfy the requirements for holding the licence.

(3)In section 72(4) delete “service as required by section 79,” and insert:

service,

(4)In section 83(1):

(a)delete “any” and insert:

either or

(b)in paragraph (a) delete “broker; and” and insert:

broker;

23.Fines, Penalties and Infringement Notices Enforcement Act 1994 amended

(1)This section amends the Fines, Penalties and Infringement Notices Enforcement Act 1994.

(2)In section 89(4) delete “Register Book” and insert:

24.Fire Brigades Act 1942 amended

(1)This section amends the Fire Brigades Act 1942.

(2)In section 27(1):

(a)delete “its proposals” and insert:

any proposal

(b)delete “such proposals” and insert:

any such proposal

25.Fuel, Energy and Power Resources Act 1972 amended

(1)This section amends the Fuel, Energy and Power Resources Act 1972.

(2)In the long title delete “Australia, the establishment and functions of the Fuel and Power Commission of Western Australia and the Fuel and Power Advisory Council,” and insert:

Australia

(3)In section 42 delete “Notwithstanding the provisions of section 5, where” and insert:

Where

26.Health (Miscellaneous Provisions) Act 1911 amended

(1)This section amends the Health (Miscellaneous Provisions) Act 1911.

(2)In section 114(1) delete “Subject to subsection (2), a person” and insert:

A person

27.Medicines and Poisons Act 2014 amended

(1)This section amends the Medicines and Poisons Act 2014.

(2)In section 104(1)(b) before “to answer” insert:

direct a person

28.Misuse of Drugs Act 1981 amended

(1)This section amends the Misuse of Drugs Act 1981.

(2)In section 8B(1) in the definition of minor cannabis related offence paragraph (a) delete “5(1)(d)(i) or”.

29.Motor Vehicle Dealers Amendment Act 2003 amended

(1)This section amends the Motor Vehicle Dealers Amendment Act 2003.

(2)Delete sections 20 and 21.

30.Planning and Development Act 2005 amended

(1)This section amends the Planning and Development Act 2005.

(2)Delete section 149.

31.Plumbers Licensing Act 1995 amended

(1)This section amends the Plumbers Licensing Act 1995.

(2)Delete section 60A(1a).

(3)Delete section 60C.

32.Pollution of Waters by Oil and Noxious Substances Act 1987 amended

(1)This section amends the Pollution of Waters by Oil and Noxious Substances Act 1987.

(2)Delete section 38(2).

Note:The heading to amended section 38 is to read:

Repeal

33.Public Trustee Act 1941 amended

(1)This section amends the Public Trustee Act 1941.

(2)Delete section 15.

(3)Delete section 40A.

(4)In section 51 delete “Court or with the Guardianship and Administration Board under the Guardianship and Administration Act 1990.” and insert:

Court.

(5)Delete the Sixth Schedule.

34.Railway (Tilley to Karara) Act 2010 amended

(1)This section amends the Railway (Tilley to Karara) Act 2010.

(2)In section 4 delete the definition of specified.

(3)In section 4 in the definition of Public Transport Authority delete “section 5;” and insert:

section 5.

35.Residential Tenancies Act 1987 amended

(1)This section amends the Residential Tenancies Act 1987.

(2)In section 93(2)(b) delete “29(4)(b), (c) and (d)” and insert:

29(4)(b) and (c)

36.Teacher Registration Act 2012 amended

(1)This section amends the Teacher Registration Act 2012.

(2)Delete section 166.

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By Authority: GEOFF O. LAWN, Government Printer