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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Alcohol and Drug Authority Repeal Bill 2005
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. The Act repealed 2
Part 2 -- Transitional and savings
provisions
3. Terms used in this Part 3
4. Interpretation Act to apply 4
5. Devolution of the Authority's assets, liabilities etc. 4
6. Agreements and instruments generally 4
7. Staff 5
8. Final reporting 5
9. Registration of documents 6
10. Saving 6
Part 3 -- Consequential amendments
11. Constitution Acts Amendment Act 1899 amended 8
12. Coroners Act 1996 amended 8
13. Financial Administration and Audit Act 1985
amended 8
14. Public Sector Management Act 1994 amended 9
15. Spent Convictions Act 1988 amended 9
16. State Superannuation (Transitional and
Consequential Provisions) Act 2000 amended 9
070--1B page i
Western Australia
LEGISLATIVE ASSEMBLY
Alcohol and Drug Authority Repeal Bill 2005
A Bill for
An Act to --
· repeal the Alcohol and Drug Authority Act 1974;
· amend certain other Acts as a consequence,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Alcohol and Drug Authority Repeal Bill 2005
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Alcohol and Drug Authority Repeal Act 2005.
2. The Act repealed
5 The Alcohol and Drug Authority Act 1974 is repealed.
page 2
Alcohol and Drug Authority Repeal Bill 2005
Transitional and savings provisions Part 2
s. 3
Part 2 -- Transitional and savings provisions
3. Terms used in this Part
In this Part, unless the contrary intention appears --
"assets" means property of every kind whether tangible or
5 intangible, real or personal, or corporeal or incorporeal and
includes without limitation --
(a) choses in action;
(b) goodwill; and
(c) rights, interests and claims of every kind in or to
10 property,
whether arising from, accruing under, created or evidenced
by, or the subject of, an instrument or otherwise and
whether liquidated or unliquidated, actual, contingent or
prospective;
15 "Authority" means the Western Australian Alcohol and Drug
Authority formerly established under the Alcohol and Drug
Authority Act 1974;
"commencement day" means the day on which this Act comes
into operation;
20 "liability" means any liability, duty or obligation whether
actual, contingent or prospective, liquidated or
unliquidated, or whether owed alone or jointly or jointly
and severally with any other person;
"Minister" means the Minister for Health in his or her
25 incorporated capacity under the Hospitals and Health
Services Act 1927 section 7 as the board of the hospitals
that comprised the Metropolitan Health Service Board
immediately before its abolition by the Hospitals and
Health Services (Metropolitan Health Service Board)
30 Abolition Notice 2001 published in the Gazette on
9 March 2001;
"right" means any right, power, privilege or immunity whether
actual, contingent or prospective.
page 3
Alcohol and Drug Authority Repeal Bill 2005
Part 2 Transitional and savings provisions
s. 4
4. Interpretation Act to apply
This Part does not limit the operation of the Interpretation
Act 1984 Part V.
5. Devolution of the Authority's assets, liabilities etc.
5 (1) On the commencement day --
(a) the assets and rights of the Authority that were
immediately before that day vested in that body vest in
the Minister by force of this section; and
(b) the liabilities of the Authority immediately before that
10 day become, by force of this section, the liabilities of the
Minister.
(2) On and after the commencement day any proceedings or remedy
that immediately before that day might have been brought or
continued by or available against or to the Authority, may be
15 brought or continued and are available, by or against or to the
Minister.
6. Agreements and instruments generally
(1) Any agreement or instrument subsisting immediately before the
commencement day --
20 (a) to which the Authority is a party; or
(b) which contains a reference to the Authority,
has effect on and after the commencement day as if --
(c) the Minister were substituted for the Authority as a party
to the agreement or instrument; and
25 (d) any reference in the agreement or instrument to the
Authority were (unless the context otherwise requires)
amended to be or include a reference to the Minister.
(2) Subsection (1) does not apply to the Government Officers
Salaries Allowances and Conditions Award 1989, the
30 Government Officers Salaries, Allowances and Conditions
page 4
Alcohol and Drug Authority Repeal Bill 2005
Transitional and savings provisions Part 2
s. 7
General Agreement 2004 or the Department of Health Medical
Practitioners (Drug and Alcohol Authority) AMA Industrial
Agreement 2004.
7. Staff
5 A person appointed or engaged by the Authority immediately
before the commencement day is to be taken after the
commencement day to be employed or engaged by the Minister
under the Hospitals and Health Services Act 1927
section 19(1)(a).
10 8. Final reporting
(1) In this section --
"FAA Act" means the Financial Administration and Audit
Act 1985;
"reporting officer" means the person appointed under the FAA
15 Act section 65A(2) as applied by subsection (2);
"the final period" means the period that --
(a) starts immediately after the end of the last financial
year of the Authority to have ended before the
commencement day; and
20 (b) ends immediately before the commencement day.
(2) The FAA Act section 65A applies in relation to the preparation
and submission of a final report in respect of the Authority, as
if --
(a) references in that section to a department were
25 references to the Authority; and
(b) references in that section to provisions of the FAA Act
sections 62 to 65 were references to the equivalent
provisions of the FAA Act sections 66 to 70,
except that the period to which the final report is to relate is the
30 final period and the references in sections 66(1), 68, and 70(1)
page 5
Alcohol and Drug Authority Repeal Bill 2005
Part 2 Transitional and savings provisions
s. 9
to the end of the financial year are to be read as references to the
end of the final period.
(3) If, immediately before the commencement day, any duty
imposed by the FAA Act Part II Division 14 on the accountable
5 authority of the Authority remains unfulfilled in relation to the
Authority for any financial year that expired before the
commencement day, that duty subsists and is to be performed
by the reporting officer as if the reporting officer were the
accountable authority.
10 (4) The time within which the reporting officer is to perform a duty
referred to in subsection (3) is extended until the end of the day
that is 2 months after the day on which the reporting officer is
appointed, but this subsection does not prevent the time from
being extended again under the FAA Act section 70.
15 9. Registration of documents
The Registrar of Titles is to take notice of the provisions of this
Part and is empowered to record and register in the appropriate
manner the necessary documents, and otherwise to give effect to
this Part.
20 10. Saving
The operation of any provision of this Part is not to be
regarded --
(a) as a breach of contract or confidence or otherwise as a
civil wrong;
25 (b) as a breach of any contractual provision prohibiting,
restricting or regulating the assignment or transfer of
assets, rights or liabilities or the disclosure of
information;
(c) as giving rise to any remedy by a party to an instrument
30 or as causing or permitting the termination of any
instrument, because of a change in the beneficial or legal
ownership of any asset, right or liability;
page 6
Alcohol and Drug Authority Repeal Bill 2005
Transitional and savings provisions Part 2
s. 10
(d) as causing any contract or instrument to be void or
otherwise unenforceable; or
(e) as releasing or allowing the release of any surety.
page 7
Alcohol and Drug Authority Repeal Bill 2005
Part 3 Consequential amendments
s. 11
Part 3 -- Consequential amendments
11. Constitution Acts Amendment Act 1899 amended
(1) The amendments in this section are to the Constitution Acts
Amendment Act 1899*.
5 [* Reprint 13 as at 18 March 2005.
For subsequent amendments see Acts Nos. 1 and 2 of 2005.]
(2) Schedule V Part 2 Division 2 is amended by deleting "the
Library Board of Western Australia constituted under the
Library Board of Western Australia Act 1951, or the Western
10 Australian Alcohol and Drug Authority established under the
Alcohol and Drug Authority Act 1974." and inserting instead --
"
or the Library Board of Western Australia constituted
under the Library Board of Western Australia Act 1951.
15 ".
12. Coroners Act 1996 amended
(1) The amendment in this section is to the Coroners Act 1996*.
[* Reprint 2 as at 10 June 2005.]
(2) Section 3 is amended in the definition of "person held in care"
20 by deleting paragraph (b).
13. Financial Administration and Audit Act 1985 amended
(1) The amendment in this section is to the Financial
Administration and Audit Act 1985*.
[* Reprint 8 as at 9 July 2004.
25 For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 165 and
Act No. 5 of 2005 and Gazette 4 February and 1 July 2005.]
(2) Schedule 1 is amended by deleting "Western Australian Alcohol
and Drug Authority".
page 8
Alcohol and Drug Authority Repeal Bill 2005
Consequential amendments Part 3
s. 14
14. Public Sector Management Act 1994 amended
(1) The amendment in this section is to the Public Sector
Management Act 1994*.
[* Reprint 6 as at 14 May 2004.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 368 and
Act No. 5 of 2005.]
(2) Schedule 2 item 58 is deleted.
15. Spent Convictions Act 1988 amended
10 (1) The amendments in this section are to the Spent Convictions
Act 1988*.
[* Reprint 4 as at 8 July 2005.]
(2) Schedule 3 is amended in the table to clause 1(7) as follows:
(a) by deleting the semicolon and "or" after paragraph (c)
15 and inserting a full stop;
(b) by deleting paragraph (d).
16. State Superannuation (Transitional and Consequential
Provisions) Act 2000 amended
(1) The amendment in this section is to the State Superannuation
20 (Transitional and Consequential Provisions) Act 2000*.
[* Act No. 43 of 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 428.]
(2) Section 29 is repealed if it has not come into operation before
25 this section comes into operation.
page 9
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