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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Acts Amendment and Repeal (Competition
Policy) Bill 2000
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Repeals
3. Bread Act 1982 repealed, and consequential
amendment 3
4. Racing Restriction Act 1927 repealed, and
consequential amendment 3
Part 3 -- Amendments
5. Bush Fires Act 1954 amended 4
6. Chicken Meat Industry Act 1977 amended 5
7. Eastern Goldfields Transport Board Act 1984
amended 10
8. Edith Cowan University Act 1984 amended 10
9. Gold Corporation Act 1987 amended 12
10 . Hire-Purchase Act 1959 amended 15
11 . Licensed Surveyors Act 1909 amended, and
transitional 17
12 . Racing Restriction Act 1917 amended 20
13 . Sandalwood Act 1929 amended 25
14 . Valuation of Land Act 1978 amended, and transitional 25
15 . Western Australian Greyhound Racing Authority Act
1981 amended 27
page i
132--1
Western Australia
LEGISLATIVE ASSEMBLY
Acts Amendment and Repeal (Competition
Policy) Bill 2000
A Bill for
An Act to amend the statute law for the purposes of competition
policy by repealing --
· the Bread Act 1982; and
· the Racing Restriction Act 1927,
and by making amendments to various enactments, and for related
purposes.
The Parliament of Western Australia enacts as follows:
page 1
Acts Amendment and Repeal (Competition Policy) Bill 2000
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Acts Amendment and Repeal
(Competition Policy) Act 2000.
5 2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
page 2
Acts Amendment and Repeal (Competition Policy) Bill 2000
Repeals Part 2
s. 3
Part 2 -- Repeals
3. Bread Act 1982 repealed, and consequential amendment
(1) The Bread Act 1982 is repealed.
(2) The Schedule to the Consumer Affairs Act 1971* is amended by
5 deleting "Bread Act 1982.".
[* Reprinted as at 25 March 1999.]
4. Racing Restriction Act 1927 repealed, and consequential
amendment
(1) The Racing Restriction Act 1927 is repealed.
10 (2) Section 3 of the Western Australian Greyhound Racing
Authority Act 1981* is repealed.
[* Reprinted as at 1 January 1999.]
page 3
Acts Amendment and Repeal (Competition Policy) Bill 2000
Part 3 Amendments
s. 5
Part 3 -- Amendments
5. Bush Fires Act 1954 amended
(1) The amendments in this section are to the Bush Fires Act 1954*.
[* Reprinted as at 20 January1997.
5 For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 29 .]
(2) Section 7 is amended as follows:
(a) by inserting before "In" the subsection
designation "(1)";
10 (b) in the definition of "occupier of land" by inserting after
"means" --
" , subject to subsection (2), ";
(c) by inserting the following subsection --
"
15 (2) Except as stated in section 33(9), a reference in this Act
to an "owner or occupier of land" does not include a
reference to a State agency or instrumentality that owns
or occupies land or to a department of the Public
Service that manages land.
20 ".
(3) After section 33(8) the following subsection is inserted --
"
(9) In this section --
"CALM Act" means the Conservation and Land
25 Management Act 1984;
"Department" means the department of the Public
Service referred to in section 32 of the CALM Act;
"Executive Director" means the body corporate
referred to in section 38 of the CALM Act;
page 4
Acts Amendment and Repeal (Competition Policy) Bill 2000
Amendments Part 3
s. 6
"owner or occupier of land" includes --
(a) a prescribed State agency or instrumentality
that owns or occupies land; and
(b) the Executive Director in relation to land
5 managed by the Department under an
agreement entered into by the Executive
Director under section 16(1) of the CALM
Act.
".
10 6. Chicken Meat Industry Act 1977 amended
(1) The amendments in this section are to the Chicken Meat
Industry Act 1977*.
[* Act No. 58 of 1977.
For subsequent amendments see 1999 Index to Legislation of
15 Western Australia, Table 1, p. 35.]
(2) Section 4(1) is amended by deleting the definitions of
"establish" and "processing plant".
(3) Section 4(2) is amended by deleting "a processor to a grower"
in the first place where it occurs and inserting instead --
20 " processors to growers ".
(4) Section 15 is amended as follows:
(a) before "The" by inserting the subsection
designation "(1)";
(b) in paragraph (c) after "processor" by inserting --
25 "
that is in or to the effect of the prescribed form
of agreement
";
(c) at the end of paragraph (f) by deleting the semicolon and
30 inserting a full stop instead;
page 5
Acts Amendment and Repeal (Competition Policy) Bill 2000
Part 3 Amendments
s. 6
(d) by deleting paragraph (g);
(e) by inserting the following subsection --
"
(2) Without limiting paragraph (c) of subsection (1), the
5 matters that may be taken into consideration by the
Committee in performing its function under that
paragraph include --
(a) the productivity of growers;
(b) the average price for the time being determined
10 under section 16; and
(c) the market for chicken meat.
".
(5) Section 16(1) is amended by deleting "standard price" and
inserting instead --
15 " average price that, subject to subsection (6), is ".
(6) Section 16(4) is amended as follows:
(a) by deleting "standard price" and inserting instead --
" average price that, subject to subsection (6), is ";
(b) by deleting "using cost of production figures supplied by
20 the Department".
(7) Section 16(5) is amended by deleting "standard" and inserting
instead --
" average ".
(8) Section 16(6)(b) is amended by deleting "all processors and
25 growers" and inserting instead --
"
a processor and a grower to whom subsection (7)
applies in relation to broiler chickens purchased or
otherwise received pursuant to an agreement referred to
30 in that subsection
".
page 6
Acts Amendment and Repeal (Competition Policy) Bill 2000
Amendments Part 3
s. 6
(9) After section 16(6) the following subsection is inserted --
"
(7) This subsection applies to a processor and a grower
between whom there is a written agreement for the
5 processor to purchase or otherwise receive broiler
chickens from the grower --
(a) that is in or to the effect of the prescribed form
of agreement; or
(b) that was, at the time it was entered into, in or to
10 the effect of the form of agreement prescribed
at that time.
".
(10) Section 17 is repealed.
(11) Section 18(1) is amended by deleting "in or to the effect of the
15 prescribed form of agreement" and inserting instead --
" to which subsection (1a) applies ".
(12) After section 18(1) the following subsections are inserted --
"
(1a) This subsection applies to --
20 (a) an agreement in or to the effect of the
prescribed form of agreement; or
(b) any other written agreement that provides for a
dispute arising under the agreement to be
placed before the Committee for determination.
25 (1b) Subsection (1a) does not apply to an agreement
referred to in paragraph (b) of that subsection if --
(a) the agreement provides for a dispute arising under
the agreement to be placed before the Committee
for determination only if the Committee is
30 satisfied that certain conditions specified in the
agreement have been satisfied; and
page 7
Acts Amendment and Repeal (Competition Policy) Bill 2000
Part 3 Amendments
s. 6
(b) the Committee is not satisfied that those
conditions have been satisfied.
".
(13) Section 19 is repealed.
5 (14) After section 19A(5) the following subsection is inserted --
"
(5a) If regulations prescribe the requirements with which
growing premises have to comply, the Committee --
(a) shall approve growing premises in respect of
10 which an application is made if the Committee
is satisfied that the premises comply with those
requirements; and
(b) shall refuse to approve growing premises in
respect of which an application is made if the
15 Committee is satisfied that the premises do not
comply with those requirements.
".
(15) Section 19A(8) is amended after "subsection (9)" by
inserting --
20 " and (9a) ".
(16) After section 19A(9) the following subsection is inserted --
"
(9a) If --
(a) regulations prescribe the requirements with
25 which growing premises have to comply; and
(b) the Committee is satisfied that growing
premises approved under this section do not
comply with those requirements,
the Committee shall revoke the approval by notice in
30 writing served on the person granted the approval.
".
page 8
Acts Amendment and Repeal (Competition Policy) Bill 2000
Amendments Part 3
s. 6
(17) Section 19A(10) is amended after "subsection (9)" by
inserting --
" or (9a) ".
(18) Section 19A(13) is repealed.
5 (19) Section 24(2) is amended as follows:
(a) before paragraph (a) by inserting the following
paragraph --
"
(aa) providing for environmental, animal welfare
10 and health matters relating to the growing of
chickens;
";
(b) in paragraph (a) by deleting "section 17;" and inserting
instead --
15 " sections 16 and 18; ";
(c) in paragraph (b) by deleting "standard" and inserting
instead --
" average ";
(d) in paragraph (d) by deleting "section 15;" and inserting
20 instead --
" section 15(1); ";
(e) in paragraph (e) by deleting "information required for
the purposes of the records referred to in paragraph (d)
of section 15;" and inserting instead --
25 "
information --
(i) required for the purposes of the records
referred to in section 15(1)(d); or
(ii) relating to compliance with the
30 requirements of the regulations;
";
page 9
Acts Amendment and Repeal (Competition Policy) Bill 2000
Part 3 Amendments
s. 7
(f) after paragraph (f) by inserting the following paragraph --
"
(fa) prescribing for the purposes of section 19A the
requirements with which growing premises
5 have to comply;
".
(20) Section 24(3)(a) is amended by deleting "standard" and
inserting instead --
" average ".
10 (21) Sections 27 and 28 are repealed.
7. Eastern Goldfields Transport Board Act 1984 amended
(1) The amendments in this section are to the Eastern Goldfields
Transport Board Act 1984*.
[* Reprinted as at 7 January 2000.]
15 (2) Section 5(2) is repealed and the following subsection is inserted
instead --
"
(2) The Board is not an agent of the Crown and does not
have the status, immunities and privileges of the Crown.
20 ".
(3) Section 35 is repealed.
8. Edith Cowan University Act 1984 amended
Section 38 of the Edith Cowan University Act 1984* is repealed
and the following sections are inserted instead --
25 "
38. Powers of Council to invest
Subject to section 38A in relation to moneys held on
trust by the University for the purposes of the
University, the Council --
30 (a) may invest any moneys standing to the credit of
the Edith Cowan University Account that are not
page 10
Acts Amendment and Repeal (Competition Policy) Bill 2000
Amendments Part 3
s. 8
immediately required for the purposes of this Act
in any securities that the Council thinks fit; and
(b) may sell and realise any security or reinvest the
proceeds of any sale.
5 38A. Trust property and trust moneys
The Council --
(a) may act as trustee or manager of any property
or moneys held on trust by the University for
the purposes of the University; and
10 (b) may apply any property or moneys so held, and
not immediately required for the purposes of
the trust declared in relation to the property or
moneys, in any way that is not inconsistent with
the instrument creating the trust.
15 38B. Repayment of trust moneys
(1) In this section --
"trust moneys" means moneys that are applied under
section 38A(b).
(2) The amount of trust moneys that are applied --
20 (a) is taken to be a loan to the University from the
trust estate or trust fund from which the amount
is taken; and
(b) subject to subsection (3), is repayable by the
Council as approved by the Minister with
25 interest at the rate approved by the Minister
from time to time.
(3) An amount that is repayable under subsection (2)(b)
(including interest on the amount) is to be repaid by the
Council within 25 years.
30 ".
[* Reprinted as at 1 October 1999.]
page 11
Acts Amendment and Repeal (Competition Policy) Bill 2000
Part 3 Amendments
s. 9
9. Gold Corporation Act 1987 amended
(1) The amendments in this section are to the Gold Corporation
Act 1987*.
[* Reprinted as at 24 August 1994.
5 For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 101.]
(2) Section 4 is amended as follows:
(a) in subsection (5) by deleting "all local government rates
and charges and";
10 (b) after subsection (5) by inserting the following
subsections --
"
(6) No local government rate or charge is to be imposed or
levied on any land vested in, or the care, control and
15 management of which are placed with, Gold
Corporation, that is used or reserved exclusively for the
purpose of providing works, undertakings or facilities
necessary to the performance of the functions of Gold
Corporation.
20 (7) Gold Corporation is to pay to the Treasurer for the
benefit of the Consolidated Fund in respect of a
financial year a sum equal to the amount of any local
government rate or charge that, apart from
subsection (6), Gold Corporation would have been
25 liable to pay in respect of the financial year.
(8) Amounts payable under subsection (7) --
(a) are to be determined in accordance with the
principles; and
(b) are to be paid at the time or times,
30 that the Treasurer may direct.
".
page 12
Acts Amendment and Repeal (Competition Policy) Bill 2000
Amendments Part 3
s. 9
(3) Section 20 is repealed.
(4) Section 21(3) is amended by deleting "under section 20." and
inserting instead --
"
5 by Gold Corporation under the State Enterprises
(Commonwealth Tax Equivalents) Act 1996.
".
(5) After section 22 the following section is inserted in Part IV --
"
10 23. Charges for guarantee
(1) The Treasurer may, after consultation with the Board,
fix charges to be paid by, as the case requires, Gold
Corporation, the Mint or Goldcorp to the Treasurer for
the benefit of the Consolidated Fund in respect of a
15 guarantee under section 22.
(2) Amounts payable under subsection (1) are to be paid at
the times, and in the instalments, that the Treasurer
may direct.
".
20 (6) Section 35 is amended as follows:
(a) in subsection (6) --
(i) by deleting "but subject to subsection (7)"; and
(ii) by deleting "all local government rates and
charges and";
25 (b) by repealing subsection (7) and inserting the following
subsections instead --
"
(7) No local government rate or charge is to be imposed or
levied on any land vested in, or the care, control and
30 management of which are placed with, the Mint, that is
used or reserved exclusively for the purpose of
page 13
Acts Amendment and Repeal (Competition Policy) Bill 2000
Part 3 Amendments
s. 9
providing works, undertakings or facilities necessary to
the performance of the functions of the Mint.
(7a) The Mint is to pay to the Treasurer for the benefit of
the Consolidated Fund in respect of a financial year a
5 sum equal to the amount of any local government rate
or charge that, apart from subsection (7), the Mint
would have been liable to pay in respect of the
financial year.
(7b) Amounts payable under subsection (7a) --
10 (a) are to be determined in accordance with the
principles; and
(b) are to be paid at the time or times,
that the Treasurer may direct.
".
15 (7) Section 44(c) is amended by deleting "section 20 instead of
income tax" and inserting instead --
"
section 5 of the State Enterprises
(Commonwealth Tax Equivalents) Act 1996
20 ".
(8) Section 48 is amended as follows:
(a) in subsection (5) by deleting "all local government rates
and charges and";
(b) after subsection (5) by inserting the following
25 subsections --
"
(6) No local government rate or charge is to be imposed or
levied on any land vested in, or the care, control and
management of which are placed with, GoldCorp, that
30 is used or reserved exclusively for the purpose of
page 14
Acts Amendment and Repeal (Competition Policy) Bill 2000
Amendments Part 3
s. 10
providing works, undertakings or facilities necessary to
the performance of the functions of GoldCorp.
(7) GoldCorp is to pay to the Treasurer for the benefit of
the Consolidated Fund in respect of a financial year a
5 sum equal to the amount of any local government rate
or charge that, apart from subsection (6), GoldCorp
would have been liable to pay in respect of the
financial year.
(8) Amounts payable under subsection (7) --
10 (a) are to be determined in accordance with the
principles; and
(b) are to be paid at the time or times,
that the Treasurer may direct.
".
15 (9) Section 53(c) is amended by deleting "section 20 instead of
income tax" and inserting instead --
"
section 5 of the State Enterprises
(Commonwealth Tax Equivalents) Act 1996
20 ".
10. Hire-Purchase Act 1959 amended
(1) The amendments in this section are to the Hire-Purchase
Act 1959*.
[* Reprinted as at 5 February 1986.
25 For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 113.]
(2) Section 1(4) is repealed.
page 15
Acts Amendment and Repeal (Competition Policy) Bill 2000
Part 3 Amendments
s. 10
(3) After section 1 the following section is inserted --
"
1A. Application of Act
(1) Subject to section 1(5), this Act applies to and in
5 relation to a hire-purchase agreement, and any
agreement made in relation to a hire-purchase
agreement, that has effect immediately before the day
on which section 10 of the Acts Amendment and Repeal
(Competition Policy) Act 2000 comes into operation.
10 (2) Subject to this section, this Act does not apply to or in
relation to an exempt hire-purchase agreement.
(3) Section 2 applies to and in relation to an exempt
hire-purchase agreement as if, in subsection (2)(c) of
that section, "in section 12A and" and "under
15 section 12" were deleted.
(4) For the purposes of, and subject to, section 25,
section 13(1) and (2) apply to and in relation to an
exempt hire-purchase agreement as if --
(a) the reference in section 13(1) to a notice in
20 writing in the form of the Third Schedule were
a reference to a notice in writing to the effect of
that Schedule; and
(b) in section 13(2), "section 12A or" were
deleted.
25 (5) Section 15(1) (except paragraph (a)), (2), (3) and (6)
and section 17 apply to and in relation to an exempt
hire-purchase agreement.
(6) Section 24 applies to and in relation to an exempt
hire-purchase agreement as if --
30 (a) subsection (6)(a) of that section; and
page 16
Acts Amendment and Repeal (Competition Policy) Bill 2000
Amendments Part 3
s. 11
(b) in subsection (6)(b) of that section "in any other
case -- ",
were deleted.
(7) Section 25 applies to and in relation to an exempt
5 hire-purchase agreement.
(8) In this section --
"exempt hire-purchase agreement" means a
hire-purchase agreement, and any agreement made
in relation to a hire-purchase agreement, entered
10 into on or after the day referred to in
subsection (1).
".
11. Licensed Surveyors Act 1909 amended, and transitional
(1) The amendments in this section are to the Licensed Surveyors
15 Act 1909*.
[* Reprinted as at 1 January 1999.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 141.]
(2) Section 4(1) is amended as follows:
20 (a) in paragraph (a) by deleting "and the chairman thereof";
(b) by deleting paragraph (b) and inserting the following
paragraphs instead --
"
(b) one member appointed by the Governor, on the
25 nomination of the chief executive officer, to
represent interests in relation to land
registration matters;
(ba) one member appointed by the Governor, on the
nomination of the Minister, to represent the
30 interests of the users of licensed surveyors'
services;
";
page 17
Acts Amendment and Repeal (Competition Policy) Bill 2000
Part 3 Amendments
s. 11
(c) in paragraph (c) after "surveyors" by inserting --
" who hold practising certificates ".
(3) Section 4(1a) is repealed and the following subsections are
inserted instead --
5 "
(1a) The Governor shall appoint, on the nomination of the
Minister, one of the members of the Board to be the
chairman of the Board.
(1b) One person appointed under subsection (1)(a), (b), (ba)
10 or (d) shall be a licensed surveyor who holds a
practising certificate.
".
(4) Section 4(4) is amended as follows:
(a) by deleting "Institute" in both places where it occurs and
15 inserting in each place instead --
" Minister ";
(b) by deleting "Surveyor General" in the second and third
places where it occurs and inserting in each place
instead --
20 " chief executive officer ";
(c) before "if by an educational" by inserting --
"
if by the Institute, he shall be nominated by the
Institute, and,
25 ".
(5) Section 4(5) is amended as follows:
(a) after "whenever" by deleting "the Surveyor General,";
(b) in paragraph (a) by deleting "the Surveyor General,";
page 18
Acts Amendment and Repeal (Competition Policy) Bill 2000
Amendments Part 3
s. 11
(c) in paragraph (a) by deleting "subsection (1)(b), (c)" and
inserting instead --
" subsection (1)(c) ";
(d) in paragraph (b) by deleting "the Surveyor General,".
5 (6) Section 4(5a) is amended by deleting "subsection (4a)(a)," and
inserting instead --
" subsection (4a), ".
(7) Section 7 is amended as follows:
(a) in paragraph (a) by deleting "and is of good fame and
10 character";
(b) after paragraph (a) by inserting the following
paragraphs --
"
(aa) has not, during the period of 10 years before
15 making the application, been convicted of, or
served any part of a term of imprisonment for,
an offence in Western Australia or elsewhere
involving fraud or dishonesty;
(ab) is not bound in relation to an offence referred to
20 in paragraph (aa) by a bail undertaking;
(ac) does not have a charge pending in relation to an
offence referred to in paragraph (aa);
".
(8) Section 26A(3)(c) is deleted.
25 (9) A person appointed under section 4 of the Licensed Surveyors
Act 1909 as a member of the Land Surveyors Licensing Board
and holding office immediately before the commencement of
this section continues to hold office under the first-mentioned
section during the period from that commencement until the
30 following 31 December ("the transitional period") as if this
section had not been enacted.
page 19
Acts Amendment and Repeal (Competition Policy) Bill 2000
Part 3 Amendments
s. 12
(10) The Surveyor General continues to hold office as the chairman
of the Land Surveyors Licensing Board during the transitional
period as if this section had not been enacted.
(11) A vacancy that occurs in the membership of the Land Surveyors
5 Licensing Board during the transitional period is to be filled in
accordance with section 4 of the Licensed Surveyors Act 1909,
as enacted immediately before the commencement of this
section.
12. Racing Restriction Act 1917 amended
10 (1) The amendments in this section are to the Racing Restriction
Act 1917*.
[* Reprinted as approved 28 June 1978.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 208.]
15 (2) Section 2(1) is repealed and the following subsection is inserted
instead --
"
(1) No thoroughbred race meeting, and no thoroughbred
race, is to be held for a stake or prize or for the
20 purposes of betting without a licence in writing issued
by The Western Australian Turf Club ("the Club").
".
(3) Section 2(2) is amended before "race meetings" in each place
where it occurs by inserting --
25 " thoroughbred ".
(4) Section 2(2b) is repealed.
page 20
Acts Amendment and Repeal (Competition Policy) Bill 2000
Amendments Part 3
s. 12
(5) Section 3(1) is repealed and the following subsection is inserted
instead --
"
(1) No trotting race meeting, and no trotting race, is to be
5 held for a stake or prize or for the purposes of betting
without a licence in writing issued by the Western
Australian Trotting Association ("the Association").
".
(6) Section 3(4) is repealed.
10 (7) After section 3 the following sections are inserted --
"
3A. Approval as an ARO
(1) A person may apply to the Minister to be approved by
the Minister as an approved racing organisation if the
15 person --
(a) is a body corporate; and
(b) has the capacity --
(i) to hold race meetings, and horse or pony
races, for a stake or prize or for the
20 purposes of betting; and
(ii) to ensure that race meetings and races
held by it are conducted honestly and
free from criminal influence.
(2) An applicant for approval as an ARO is to provide with
25 the application --
(a) a copy of the rules under which it proposes to
hold race meetings and details of the kinds of
races it proposes to hold;
(b) details of the racecourse, or racecourses, at
30 which it proposes to hold race meetings; and
page 21
Acts Amendment and Repeal (Competition Policy) Bill 2000
Part 3 Amendments
s. 12
(c) any other information that the Minister requires
for the purposes of a proper consideration of
the application.
(3) The Minister may approve an applicant as an ARO if
5 the Minister is satisfied --
(a) that the applicant meets the requirements of
subsection (1);
(b) with the rules provided by the applicant under
subsection (2)(a); and
10 (c) that it is not contrary to the public interest to do
so.
(4) An approval may be subject to any conditions that the
Minister thinks appropriate and sets out in, or attaches
to, the approval.
15 (5) An approval includes an approval of the rules provided
under subsection (2)(a).
(6) If the Minister decides not to approve an applicant as
an ARO, the Minister is to give the applicant reasons in
writing for the decision.
20 (7) The Minister is not to approve an applicant as an ARO
in relation to the holding of race meetings or races that
include thoroughbred racing or trotting racing.
3B. Variation of conditions and approved rules
(1) If the Minister is satisfied in relation to the matters
25 mentioned in section 3A(3) in relation to an ARO, the
Minister may --
(a) on the Minister's own initiative or on the
application of the ARO, vary or revoke the
conditions to which the approval of the ARO is
30 subject under section 3A(4); or
page 22
Acts Amendment and Repeal (Competition Policy) Bill 2000
Amendments Part 3
s. 12
(b) on the application of the ARO, approve a
variation of the rules provided by the ARO that
are approved under section 3A(5).
(2) The ARO is to provide to the Minister any information
5 that the Minister requires for the purposes of this
section.
3C. Revocation of approval
(1) If the Minister is satisfied that an ARO no longer meets
the requirements of section 3A(1), the Minister is to
10 revoke the approval of the ARO under section 3A(3).
(2) If the Minister is satisfied that an ARO has contravened
a provision of this Act, the Minister may revoke the
approval of the ARO under section 3A(3).
3D. Restriction on certain horse racing
15 (1) No race meeting, and no horse or pony race, is to be
held for a stake or prize or for the purposes of betting
unless the meeting or race is conducted by an ARO in
accordance with the Minister's approval of the ARO
under section 3A(3).
20 (2) If --
(a) an ARO proposes to make any change to the
programme of race meetings customarily
conducted by the ARO in the metropolitan area;
and
25 (b) the proposed change may necessitate --
(i) a reduction in the number of race
meetings customarily conducted by the
ARO or another ARO outside the
metropolitan area; or
30 (ii) the making of any other change to any
programme of race meetings
page 23
Acts Amendment and Repeal (Competition Policy) Bill 2000
Part 3 Amendments
s. 12
customarily conducted by the ARO or
another ARO outside the metropolitan
area,
any dispute arising in relation to the matter may be
5 referred to the Minister who may give the ARO or
another ARO such direction as the Minister thinks fit in
relation to the matter, and effect is to be given to any
such direction.
(3) A direction given by the Minister for the purposes of
10 subsection (2) may, on the application of the ARO
given the direction, be varied or cancelled by the
Minister.
(4) This section does not apply to thoroughbred racing or
trotting racing.
15 ".
(8) Section 5 is amended as follows:
(a) before the definition of "Fremantle district" by inserting
the following definition --
"
20 "ARO" means a body corporate approved by the
Minister as an approved racing organisation under
section 3A(3);
";
(b) after the definition of "race meeting" by inserting the
25 following definitions --
"
"trotting race meeting" means a meeting of persons
for the purpose of trotting racing;
"trotting racing" includes pacing and harness racing;
30 ".
page 24
Acts Amendment and Repeal (Competition Policy) Bill 2000
Amendments Part 3
s. 13
13. Sandalwood Act 1929 amended
Section 3(2) of the Sandalwood Act 1929* is repealed.
[* Reprinted as authorized 14 July 1971.
For subsequent amendments see 1999 Index to Legislation of
5 Western Australia, Table 1, p. 225.]
14. Valuation of Land Act 1978 amended, and transitional
(1) The amendments in this section are to the Valuation of Land
Act 1978*.
[* Reprinted as at 23 April 1996.
10 For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 264.]
(2) Section 6(3) is repealed and the following subsection is inserted
instead --
"
15 (3) A person appointed Valuer-General shall be a person
who has, in the opinion of the Minister, the
qualifications and experience appropriate to the
exercise of the powers, and the performance of the
duties and functions, conferred or imposed upon the
20 Valuer-General by or under this Act.
".
(3) A person appointed Valuer-General under section 6(3) of the
Valuation of Land Act 1978 and holding office immediately
before the commencement of this section continues to hold
25 office on and after that commencement as if appointed under
section 6(3) of that Act as inserted by subsection (2) of this
section.
(4) Section 14(2) is amended after "class of persons" by
inserting --
30 " or to the public at large ".
page 25
Acts Amendment and Repeal (Competition Policy) Bill 2000
Part 3 Amendments
s. 14
(5) After section 16 the following section is inserted in Part II --
"
16A. Minister to have access to information
(1) The Minister is entitled --
5 (a) to have information in the possession of the
Valuer-General; and
(b) if the information is in or on a document, to have,
and make and retain copies of, that document.
(2) For the purposes of subsection (1), the Minister may --
10 (a) request the Valuer-General to provide
information to the Minister;
(b) request the Valuer-General to give the Minister
access to information;
(c) for the purposes of paragraph (b), make use of
15 the staff of the Valuer-General to obtain the
information and provide it to the Minister.
(3) The Valuer-General is to comply with a request under
subsection (2) and make the facilities and staff of the
Valuer-General available to the Minister for the
20 purposes of subsection (2)(c).
(4) In this section --
"document" includes any tape, disc or other device or
medium on which information is recorded or
stored;
25 "information" means information specified, or of a
description specified, by the Minister that relates
to the powers, duties and functions of the
Valuer-General;
"staff of the Valuer-General" means the officers and
30 staff appointed under section 6(1).
".
page 26
Acts Amendment and Repeal (Competition Policy) Bill 2000
Amendments Part 3
s. 15
(6) Section 25(2) is repealed.
15. Western Australian Greyhound Racing Authority Act 1981
amended
(1) The amendments in this section are to the Western Australian
5 Greyhound Racing Authority Act 1981*.
[* Reprinted as at 1 January 1999.]
(2) Section 29(2) is amended by deleting ", subject to section 30,".
(3) Section 30 is repealed.
page 27
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