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This is a Bill, not an Act. For current law, see the Acts databases.
WESTERN AUSTRALIA
BOTANIC GARDENS AND PARKS
AUTHORITY BILL 1998
ARRANGEMENT
Page
PART 1 -- PRELIMINARY
1. Short title 2
2. Commencement 2
3. Interpretation 2
PART 2 -- BOTANIC GARDENS AND PARKS AUTHORITY
4. Authority established 5
5. Agent of Crown 5
6. Board of management 5
7. Constitution and proceedings of board 6
8. Remuneration of members 6
No. 121 -- 2
Botanic Gardens and Parks Authority
Bill 1998
PART 3 -- FUNCTIONS AND POWERS
9. Functions 7
10. Powers 8
11. Requirements for Ministerial approval 10
12. Delegation 11
13. Minister may give directions 12
14. Minister to have access to information 12
PART 4 -- MANAGEMENT PLANS
15. Authority to comply with management plans 14
16. First management plans 14
17. Review and revision of management plans 15
18. Content of management plans 16
19. Plans to be publicly notified 16
20. Public submissions 17
21. Approval by Minister 18
22. Notice of approval 18
PART 5 -- STAFF
23. Chief executive officer 20
24. Other staff 20
25. Use of other government staff etc. 20
26. Park management officers 21
27. Identity cards 21
28. Enforcement powers of park management officers 22
29. Requirement to leave designated land 23
30. Obstruction of park management officers 24
PART 6 -- FINANCIAL PROVISIONS
31. Funds of Authority 25
32. Botanic Gardens and Parks Authority Account 25
33. Borrowing from Treasurer 26
34. Other borrowing 26
35. Guarantee by Treasurer 27
36. Effect of guarantee 27
37. Application of Financial Administration and Audit
Act 1985 28
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Botanic Gardens and Parks Authority
Bill 1998
PART 7 -- BOTANIC GARDENS AND PARKS FOUNDATION
38. Botanic Gardens and Parks Foundation established 29
39. Governing council 29
40. Functions 29
41. Powers 29
42. Financial arrangements 30
43. Rules 31
PART 8 -- GENERAL
44. Authority to be consulted 32
45. Protection from liability 32
46. Execution of documents by Authority 32
47. Confidentiality 33
48. Liability for acts of children 34
49. Onus of proof in vehicle offences may be shifted 34
50. Evidentiary provision -- speed measuring equipment 36
51. Infringement notices 36
52. Notice placing onus on vehicle owner 38
53. Regulations 39
54. Review of Act 40
55. Savings and transitional provisions 40
56. Consequential amendments 40
SCHEDULE 1 -- CONSTITUTION AND
PROCEEDINGS OF BOARD
Division 1 -- General provisions
1. Term of office 41
2. Resignation, removal, etc. 41
3. Leave of absence 41
4. Chairperson unable to act 42
5. Member unable to act 42
6. Saving 42
7. Calling of meetings 42
8. Presiding officer 42
9. Quorum 43
10. Voting 43
iii
Botanic Gardens and Parks Authority
Bill 1998
11. Minutes 43
12. Resolution without meeting 43
13. Telephone or video meetings 43
14. Committees 43
15. Board to determine own procedures 43
Division 2 -- Disclosure of interests etc.
16. Disclosure of interests 44
17. Voting by interested members 44
18. Clause 17 may be declared inapplicable 44
19. Quorum where clause 17 applies 45
20. Minister may declare clauses 17 and 19 inapplicable 45
SCHEDULE 2 -- SAVINGS AND TRANSITIONAL PROVISIONS
1. Definitions 46
2. Dissolution of Board 46
3. Devolution of assets, liabilities etc. 47
4. Agreements and instruments 47
5. References to Board in written law 48
6. Chief executive officer 48
7. Staff 48
8. Rangers 48
9. Annual reports for part of a year 49
10. Existing leases not affected 49
SCHEDULE 3 -- CONSEQUENTIAL AMENDMENTS TO
VARIOUS ACTS
1. Constitution Acts Amendment Act 1899 50
2. Financial Administration and Audit Act 1985 50
3. Government Employees Superannuation Act 1987 50
4. Parks and Reserves Act 1895 50
5. Public Sector Management Act 1994 51
6. Sentencing Act 1995 51
iv
WESTERN AUSTRALIA
LEGISLATIVE ASSEMBLY
(As amended in Committee)
BOTANIC GARDENS AND PARKS
AUTHORITY BILL 1998
A BILL FOR
AN ACT to make provision for --
the establishment of an Authority to control and
manage King's Park and other land;
the management policies to be followed by the
Authority in relation to that land;
the establishment of a Foundation with
fund-raising and other functions; and
the dissolution of the King's Park Board,
to consequentially amend certain Acts, and for
related purposes.
The Parliament of Western Australia enacts as follows:
1
Botanic Gardens and Parks Authority
cl. 1 Bill 1998
PART 1 -- PRELIMINARY
Short title
1. This Act may be cited as the Botanic Gardens and Parks
Authority Act 1998.
5 Commencement
2. This Act comes into operation on such day as is fixed by
proclamation.
Interpretation
3. In this Act, unless the contrary intention appears --
10 ``Account'' means the account referred to in section 32 (1);
``Authority'' means the Botanic Gardens and Parks
Authority established by section 4 (1);
``board'' means the board of management provided for by
section 6 and in Division 2 of Schedule 1 includes a
15 committee;
``chairperson'' means the chairperson of the board;
``chief executive officer'' means the person appointed as
such for the purposes of section 23;
``committee'' means a committee established under
20 clause 14 of Schedule 1;
``council'' means the council provided for in section 39;
2
Botanic Gardens and Parks Authority
Bill 1998 cl. 3
``designated land'' means --
(a) King's Park;
(b) land reserved under the Land Administration
Act 1997 the care, control and management of
5 which is placed with the Authority under that
Act; and
(c) land prescribed by the regulations for the
purposes of this definition;
``Foundation'' means the Botanic Gardens and Parks
10 Foundation established under section 38;
``Foundation Account'' means the account referred to in
section 42 (1);
``function'', except in sections 9, 10, 40 and 41, includes
power, duty and authority;
15 ``King's Park'' means all of the land from time to time
within Reserve No. 1720 (known as King's Park)
classified as of Class A;
``member'' means a member of the board and includes a
person appointed under clause 5 of Schedule 1 and a
20 member of a committee;
``member of staff '' means the chief executive officer or a
person referred to in section 24 (1) or 25;
``owner'', in relation to a vehicle, means --
(a) the person who holds the licence for the vehicle
25 that is required under the Road Traffic Act 1974;
or
(b) if the vehicle is not licensed under the Road
Traffic Act 1974, the person who owns the
vehicle or is entitled to its possession;
3
Botanic Gardens and Parks Authority
cl. 3 Bill 1998
``park management officer'' means --
(a) a person designated as such under section 26; or
(b) a police officer;
``regulations'' means regulations made under section 53;
5 ``rules'' means rules made under section 43;
``vehicle'' has the same meaning as in the Road Traffic
Act 1974.
4
Botanic Gardens and Parks Authority
Bill 1998 cl. 4
PART 2 -- BOTANIC GARDENS AND PARKS AUTHORITY
Authority established
4. (1) There is established a body called the Botanic Gardens
and Parks Authority.
5 (2) The Authority is a body corporate with perpetual
succession.
(3) Proceedings may be taken by or against the Authority in
its corporate name.
Agent of Crown
10 5. The Authority is an agent of the Crown and enjoys the
status, immunities and privileges of the Crown.
Board of management
6. (1) The Authority is to have a board of management
comprising --
15 (a) a chairperson;
(b) a deputy chairperson; and
(c) not less than 3 and not more than 6 other persons.
(2) The board is the governing body of the Authority and, in
the name of the Authority, is to perform the functions of the
20 Authority under this Act.
(3) The members of the board are to be appointed by the
Minister.
5
Botanic Gardens and Parks Authority
cl. 7 Bill 1998
(4) The Minister is to ensure that each person appointed to
the board has expertise that, in the Minister's opinion, is
relevant to the functions of the Authority under this Act.
Constitution and proceedings of board
5 7. Schedule 1 has effect with respect to the board and its
members.
Remuneration of members
8. A member is to be paid such remuneration and travelling
and other allowances as are determined in his or her case by the
10 Minister on the recommendation of the Minister for Public Sector
Management.
6
Botanic Gardens and Parks Authority
Bill 1998 cl. 9
PART 3 -- FUNCTIONS AND POWERS
Functions
9. (1) The Authority has the care, control and management of
the designated land for the purposes set out in subsection (2).
5 (2) The care, control and management of the designated land
is placed with the Authority for the purpose of enabling it --
(a) to provide, improve and promote recreational and
tourism services and facilities on the designated land;
(b) to conserve and enhance the flora and fauna of the
10 designated land;
(c) to conserve and enhance the natural environment,
landscape features and amenity of the designated
land;
(d) to develop, manage, display, and undertake research
15 into, collections of Western Australian and other flora;
(e) to enhance and promote the understanding and
conservation of the flora and fauna of the designated
land and of flora and fauna generally;
(f) to conserve, enhance and promote the Aboriginal,
20 colonial and contemporary cultural heritage of the
designated land;
(g) to promote the use of flora for the purposes of
horticulture, conservation and education; and
(h) to undertake and promote research and investigation
25 into matters related to or connected with its functions
under this subsection.
7
Botanic Gardens and Parks Authority
cl. 10 Bill 1998
Powers
10. (1) The Authority has power to do all things necessary or
convenient to be done for or in connection with the performance
of its functions.
5 (2) Without limiting subsection (1), the Authority may --
(a) subject to section 11, acquire land and dispose of land
(other than designated land);
(b) subject to section 11, grant a lease or licence that is
consistent with its functions, on such terms and
10 conditions as it thinks fit;
(c) subject to section 11, erect permanent or temporary
structures on designated land;
(d) subject to section 11, undertake road works and other
works on designated land necessary for the
15 management of that land;
(e) give or take botanical specimens by way of loan or
exchange with scientific or educational institutions;
(f) produce and publish information on matters related to
its functions;
20 (g) in connection with its function under section 9 (2) (g),
sell or dispose of plants, parts of plants, seeds and
fungi or similar organisms;
(h) apply for, obtain and hold (whether alone or jointly
with any other person) any patent, patent rights,
25 design rights, copyright or similar rights;
(i) require payment of rent, fees or other charges for the
use of any of its facilities (whether permanent or
temporary) or for the use of any part of designated
land;
8
Botanic Gardens and Parks Authority
Bill 1998 cl. 10
(j) require payment of fees --
(i) for entry to designated land (other than
King's Park or designated land that is prescribed
for the purposes of this subparagraph); and
5 (ii) for admission to a particular display or event
being conducted on any part of designated land
for purposes consistent with its functions, or to
any land or facility being used in connection with
such a display or event;
10 (k) fix the amount of rent, fees or charges referred to in
paragraphs (i) and (j) with power to waive, reduce or
refund the amount payable in particular cases;
(l) enter into a contract or arrangement with a person or
body (including a local government or a department of
15 the Public Service, or other agency or instrumentality,
of the State or the Commonwealth) --
(i) for the performance by that person or body of
any work or the supply of equipment or services;
(ii) to provide consultancy or advisory services to
20 that person or body; or
(iii) for the commercial exploitation of the rights
referred to in paragraph (h), whether by
assignment, licensing or otherwise;
(m) on terms and conditions approved by the Minister and
25 the Treasurer, participate in any business
arrangement that is consistent with its functions; and
(n) act in conjunction with a person, a firm, a local
government or a department of the Public Service, or
other agency or instrumentality, of the State or the
30 Commonwealth.
9
Botanic Gardens and Parks Authority
cl. 11 Bill 1998
(3) For the purposes of subsection (2) (m) the Minister and
the Treasurer may approve terms and conditions in respect of a
specific business arrangement or class of business arrangement
or in respect of business arrangements generally.
5 (4) In this section --
``business arrangement'' means a proprietary limited
company, partnership, trust, joint venture,
arrangement for sharing profits or arrangement for
sponsorship;
10 ``participate'' includes form, promote, establish, enter into,
manage, dissolve, wind up, and do anything incidental
to the doing of any of those things.
Requirements for Ministerial approval
11. (1) The Authority must obtain the approval of the
15 Minister before exercising --
(a) the power conferred by section 10 (2) (a);
(b) the power conferred by section 10 (2) (b), if the
proposed lease or licence is to be granted for a term
exceeding a period of 5 years;
20 (c) the power conferred by section 10 (2) (c) to erect a
permanent structure, if the cost of the proposed
structure exceeds, or is likely to exceed, the relevant
amount; or
(d) the power conferred by section 10 (2) (d), if the cost of
25 the proposed works exceeds, or is likely to exceed, the
relevant amount.
(2) The Minister is not to give approval for the purposes of
subsection (1) (b), (c) or (d) unless the proposed exercise of power
conforms to the relevant management plan applicable under
30 Part 4.
10
Botanic Gardens and Parks Authority
Bill 1998 cl. 12
(3) For the purposes of subsection (1) (b), any additional
term obtainable at the option of the lessee or licensee is to be
included when calculating the length of the term of a proposed
lease or licence.
5 (4) In subsection (1) --
``relevant amount'' means $100 000 or such other amount
as is prescribed.
Delegation
12. (1) The Authority may, by instrument in writing, delegate
10 the performance of any of its functions, except this power of
delegation.
(2) A delegation under subsection (1) may be made --
(a) to a member or members of the board;
(b) to a member or members of staff; or
15 (c) with the approval of the Minister, to a committee or
any other person.
(3) A function performed by a delegate is to be taken to be
performed by the Authority.
(4) A delegate performing a function under this section is to
20 be taken to do so in accordance with the terms of the delegation
unless the contrary is shown.
(5) Nothing in this section is to be read as limiting the
ability of the Authority to act through its staff and agents in the
normal course of business.
11
Botanic Gardens and Parks Authority
cl. 13 Bill 1998
Minister may give directions
13. (1) The Minister may give directions in writing to the
Authority with respect to the performance of its functions, either
generally or in relation to a particular matter, and the Authority
5 is to give effect to any such direction.
(2) The text of a direction given under subsection (1) is to be
included in the annual report submitted by the accountable
authority of the Authority under section 66 of the Financial
Administration and Audit Act 1985.
10 Minister to have access to information
14. (1) The Minister is entitled --
(a) to have information in the possession of the Authority;
and
(b) where the information is in or on a document, to have,
15 and make and retain copies of, that document.
(2) For the purposes of subsection (1) the Minister may --
(a) request the Authority to furnish information to the
Minister;
(b) request the Authority to give the Minister access to
20 information;
(c) for the purposes of paragraph (b) make use of the staff
of the Authority to obtain the information and furnish
it to the Minister.
(3) The Authority is to comply with a request under
25 subsection (2) and make its staff and facilities available to the
Minister for the purposes of paragraph (c) of that subsection.
12
Botanic Gardens and Parks Authority
Bill 1998 cl. 14
(4) In this section --
``document'' includes any tape, disc or other device or
medium on which information is recorded or stored
mechanically, photographically, electronically or
5 otherwise;
``information'' means information specified, or of a
description specified, by the Minister that relates to
the functions of the Authority.
13
Botanic Gardens and Parks Authority
cl. 15 Bill 1998
PART 4 -- MANAGEMENT PLANS
Authority to comply with management plans
15. (1) The Authority must control and manage the
designated land in accordance with the management plans for
5 the time being applicable to that land.
(2) A copy of each of the management plans applicable to the
designated land is to be kept at the office of the Authority and is
to be made available for inspection by the public during office
hours free of charge.
10 First management plans
16. (1) On the commencement of this Act the plans known as
the King's Park Bushland Management Plan 1995-2005 and the
King's Park and Botanic Garden Framework Plan for the
Developed Areas 1996-2006 are together to be regarded as the
15 management plan applicable to King's Park.
(2) The Authority must, within 2 years after land becomes
designated land by operation of paragraph (b) or (c) of the
definition of ``designated land'' in section 3, prepare and submit
to the Minister, for his or her consideration, a management plan
20 for the land.
(3) A management plan referred to in subsection (1) or (2)
(the ``first management plan'') has effect, subject to this
section, until a revised management plan is approved under this
Part in respect of the designated land to which the first
25 management plan applies.
(4) The Minister may, by notice in writing given to the
Authority, modify or add to any provision in a management plan
referred to in subsection (1) or (2), and may vary or revoke a
notice so given.
14
Botanic Gardens and Parks Authority
Bill 1998 cl. 17
(5) Section 15 (1) has effect subject to any notice given by
the Minister under subsection (4) for the time being in force.
(6) A copy of a notice given by the Minister under
subsection (4) is to be attached to the copy of the relevant
5 management plan kept by the Authority under section 15 (2).
Review and revision of management plans
17. (1) The Authority must --
(a) in the case of the management plan referred to in
section 16 (1), not later than 5 years after the
10 commencement of this Act; and
(b) in the case of a management plan referred to in
section 16 (2), not later than 5 years after the
preparation of the plan,
review the plan and, if it considers that the circumstances so
15 require, prepare amendments to the plan or a revised
management plan for the designated land to which the plan
applied.
(2) The Authority must take action under subsection (1) in
respect of every management plan for the time being in force not
20 later than 5 years after the Minister has, under section 21,
approved the plan or amendments to it or its continuation in
force without amendment.
(3) If, on a review under this section, the Authority considers
that a management plan does not require amendment or revision
25 it may determine that the existing management plan is to
continue in force without amendment.
(4) In performing its functions under this section, the
Authority is to have the objective of promoting its functions
under section 9 (2).
15
Botanic Gardens and Parks Authority
cl. 18 Bill 1998
Content of management plans
18. (1) A management plan prepared under this Part must
contain --
(a) a statement of the policies or guidelines proposed to be
5 followed; and
(b) a summary of the operations proposed to be
undertaken,
in respect of the designated land to which the management plan
applies during the period of 5 years from the time when it is
10 approved or, in the case of a management plan referred to in
section 16 (2), prepared.
(2) A management plan must state the date on which it will
expire but despite anything in this section or in the plan, a plan
that would otherwise expire remains in force until a further plan
15 is approved.
(3) A management plan must not disclose any information or
matter communicated in confidence for the purposes of this Act
or which would or might reasonably be expected to cause damage
to the interests of the person from whom the information was
20 received.
Plans to be publicly notified
19. (1) Public notification that --
(a) a revised management plan or amendments to the
existing management plan have been prepared; or
25 (b) the existing management plan is proposed to be
continued in force without amendment,
must be given in accordance with subsection (2).
16
Botanic Gardens and Parks Authority
Bill 1998 cl. 20
(2) The revised management plan or amendments, or the
proposal to continue the existing management plan in force
without amendment, must be publicly notified by the Authority
by the publication --
5 (a) in the Gazette;
(b) in 2 issues of a daily newspaper circulating
throughout the State; and
(c) at the office of the Authority,
of a notice --
10 (d) specifying the places at which --
(i) a copy of the revised management plan or the
amendments may be inspected; and
(ii) copies of the revised management plan or the
amendments may be obtained;
15 and
(e) stating the effect of section 20 and specifying the
period referred to in that section.
Public submissions
20. Written submissions on the revised management plan or
20 amendments or the proposal to continue the existing
management plan in force without amendment may be made by
any person --
(a) within a period determined by the Authority, being a
period not less than 2 months after the day on which
25 the notice is published in the Gazette; and
17
Botanic Gardens and Parks Authority
cl. 21 Bill 1998
(b) by delivering or posting them, so that they are
received within that period at the offices of the
Authority.
Approval by Minister
5 21. (1) Subject to this Part, the Authority must submit to the
Minister for approval --
(a) the revised management plan or amendments,
modified as it thinks fit to give effect to submissions
made under section 20; or
10 (b) the proposal to continue the existing management
plan in force without amendment.
(2) The Authority may, in order to give effect to submissions
under section 20, submit to the Minister for approval proposed
amendments to the existing management plan instead of the
15 proposal that the plan be continued in force without amendment.
(3) The Minister may --
(a) approve the proposed plan or the proposed
amendments or approve the same with such
modifications as the Minister thinks fit; or
20 (b) approve the proposal to continue the existing
management plan in force without amendment or
instead make amendments to that plan.
Notice of approval
22. (1) Notice that the Minister has --
25 (a) approved a revised management plan;
18
Botanic Gardens and Parks Authority
Bill 1998 cl. 22
(b) approved or made amendments to the existing
management plan; or
(c) approved the continuation in force of the existing
management plan without amendment,
5 must be published by the Minister in the Gazette, together with a
note showing --
(d) whether any modifications or amendments were made
by the Minister under section 21; and
(e) where a copy of the management plan or the
10 amendments may be inspected or obtained.
(2) A revised management plan or amendments to the
existing management plan comes into operation on the day of
publication in the Gazette of a notice under subsection (1) or on
such later day as is specified in the management plan or in the
15 amendments.
19
Botanic Gardens and Parks Authority
cl. 23 Bill 1998
PART 5 -- STAFF
Chief executive officer
23. (1) A chief executive officer of the Authority is to be
appointed under Part 3 of the Public Sector Management
5 Act 1994.
(2) Subject to the control of the board, the chief executive
officer is to administer the day to day operations of the Authority
and engage its staff.
Other staff
10 24. (1) The chief executive officer may engage persons as
staff of the Authority.
(2) Persons referred to in subsection (1) are to be employed,
subject to any relevant industrial award, order or agreement, on
such terms and conditions as the chief executive officer
15 determines.
(3) Nothing in subsection (2) affects the operation of the
Workplace Agreements Act 1993.
(4) Part 3, Division 3 of the Public Sector Management
Act 1994 does not apply to the Authority but this section does not
20 affect the power of the chief executive officer to engage a person
under a contract for services or appoint a person on a casual
employment basis under section 100 of that Act.
Use of other government staff etc.
25. (1) The Authority may by arrangement with the relevant
25 employer make use, either full-time or part-time, of the services
of any officer or employee --
(a) in the Public Service;
20
Botanic Gardens and Parks Authority
Bill 1998 cl. 26
(b) in a State agency or instrumentality; or
(c) otherwise in the service of the Crown in right of the
State.
(2) The Authority may by arrangement with --
5 (a) a department of the Public Service; or
(b) a State agency or instrumentality,
make use of any facilities of the department, agency or
instrumentality.
(3) An arrangement under subsection (1) or (2) is to be made
10 on such terms as are agreed to by the parties.
Park management officers
26. (1) The Authority may, by instrument in writing,
designate a member of staff or other person to be a park
management officer.
15 (2) The Authority may revoke a designation under
subsection (1) at any time.
(3) A police officer is ex officio a park management officer.
Identity cards
27. (1) The Authority is to issue to a park management
20 officer an identity card stating that he or she has been
designated as a park management officer.
(2) An identity card is to be in a form approved by the
Authority.
21
Botanic Gardens and Parks Authority
cl. 28 Bill 1998
(3) A park management officer must produce the identity
card whenever requested to do so by any person in respect of
whom the officer has exercised, or is about to exercise, a power
under section 28 or 51.
5 (4) Production of an identity card is evidence in any court of
the designation of the park management officer to whom the
identity card relates.
(5) A person who ceases to be a park management officer
must, as soon as practicable, return his or her identity card to
10 the chief executive officer or other person authorized to receive it.
Penalty: $1 000.
(6) This section does not apply to a park management officer
who is a police officer.
Enforcement powers of park management officers
15 28. (1) This section applies to an offence against section 30 or
the regulations.
(2) A park management officer who finds a person
committing an offence to which this section applies or who on
reasonable grounds suspects that such an offence has been
20 committed or is about to be committed by a person may --
(a) require the person to give to the officer the person's
name and address;
(b) stop, detain and search any vehicle if a person in or on
the vehicle is, or is suspected by the officer on
25 reasonable grounds of being, the offender;
(c) remove any vehicle, animal or other thing from
designated land; and
(d) enter and search any hut, tent or other structure that
is not a permanent residence.
22
Botanic Gardens and Parks Authority
Bill 1998 cl. 29
(3) A person must, when required to do so under
subsection (2) (a), give the person's full and correct name and
address.
(4) If a person does not under subsection (3) give the
5 person's full and correct name and address to a park
management officer --
(a) the person obstructs the park management officer in
the performance of the officer's functions and
section 30 applies accordingly; and
10 (b) the park management officer may detain the person
until the person can be delivered to a police officer to
be dealt with according to law.
(5) Before exercising a power conferred by subsection (2) (b),
(c) or (d) a park management officer must take all reasonable
15 steps to inform the person, or the owner or person in charge of
the vehicle, animal, hut, tent, structure or thing, as the case
requires, of --
(a) his or her intention to exercise the power; and
(b) his or her reasons for believing that the proposed
20 exercise of the power is justified.
(6) Nothing in this section derogates from the powers of a
park management officer who is a police officer.
Requirement to leave designated land
29. (1) A park management officer may require a person to
25 leave designated land if the park management officer --
(a) finds the person committing an offence against the
regulations; or
(b) believes on reasonable grounds that an emergency
situation exists on the land.
23
Botanic Gardens and Parks Authority
cl. 30 Bill 1998
(2) A person must not remain on designated land after being
required to leave the land under subsection (1).
Penalty: $2 000.
(3) If a person contravenes subsection (2), a police officer
5 may remove, or make arrangements for the removal of, the
person from designated land and if necessary detain the person
for the purpose of effecting his or her removal.
(4) A park management officer who is not a police officer
may detain a person who has contravened subsection (2) until the
10 person can be delivered to a police officer for removal under
subsection (3).
(5) In this section --
``emergency situation'' means a fire or other occurrence
that endangers, or is likely to endanger, public safety.
15 Obstruction of park management officers
30. A person must not resist, delay or in any way obstruct a
park management officer in the performance of his or her
functions.
Penalty: $5 000, or imprisonment for 6 months, or both.
24
Botanic Gardens and Parks Authority
Bill 1998 cl. 31
PART 6 -- FINANCIAL PROVISIONS
Funds of Authority
31. (1) The funds available for the purpose of enabling the
Authority to perform its functions consist of --
5 (a) moneys from time to time appropriated by Parliament;
(b) moneys received by the Authority in the performance
of its functions;
(c) moneys received by the Authority by way of gift,
including a gift by will;
10 (d) moneys borrowed by the Authority under section 33
or 34;
(e) moneys transferred to the Authority under
section 42 (3);
(f) modified penalties paid under section 51; and
15 (g) other moneys lawfully received by, made available to
or payable to the Authority.
(2) Where any gift, including a gift by will, has been made to
the Authority upon lawful conditions that are accepted by the
Authority, it is to apply the gift in accordance with those
20 conditions.
Botanic Gardens and Parks Authority Account
32. (1) The funds referred to in section 31 are to be credited
to an account called the ``Botanic Gardens and Parks Authority
Account'' --
25 (a) at the Treasury; or
25
Botanic Gardens and Parks Authority
cl. 33 Bill 1998
(b) with the approval of the Treasurer, at a bank,
and if paragraph (a) applies the Account is to form part of the
Trust Fund constituted under section 9 of the Financial
Administration and Audit Act 1985.
5 (2) The Account is to be charged with --
(a) interest on and repayment of moneys borrowed by the
Authority under section 33 or 34; and
(b) all other expenditure lawfully incurred by the
Authority in the performance of its functions.
10 Borrowing from Treasurer
33. (1) The Authority may borrow from the Treasurer such
amounts as the Treasurer approves on such terms and conditions
relating to repayment and payment of interest as the Treasurer
imposes.
15 (2) By virtue of this subsection the Account and the assets of
the Authority are charged with the due performance by the
Authority of its obligations in respect of a loan under
subsection (1).
Other borrowing
20 34. (1) In addition to its powers under section 33, the
Authority may with the prior written approval of the Treasurer
and on such terms and conditions as the Treasurer approves,
borrow moneys for the purpose of performing its functions.
(2) Any moneys borrowed by the Authority under
25 subsection (1) may be raised --
(a) as one loan or as several loans; and
(b) in such manner as the Treasurer approves.
26
Botanic Gardens and Parks Authority
Bill 1998 cl. 35
(3) The total amount of the moneys so borrowed in any one
financial year is not to exceed such amount as the Treasurer
approves.
Guarantee by Treasurer
5 35. (1) The Treasurer may, in the name and on behalf of the
Crown in right of the State, guarantee the payment of any
moneys payable by the Authority in respect of moneys borrowed
by it under section 34.
(2) A guarantee is to be in such form and contain such terms
10 and conditions as the Treasurer determines.
(3) Before a guarantee is given, the Authority is to --
(a) give to the Treasurer such security as the Treasurer
requires; and
(b) execute all instruments that are necessary for the
15 purpose.
Effect of guarantee
36. (1) The due payment of moneys payable by the Treasurer
under a guarantee given under section 35 is guaranteed by the
State.
20 (2) Any such payment is to be made by the Treasurer and
charged to the Consolidated Fund, and this subsection
appropriates that Fund accordingly.
(3) The Treasurer is to cause to be credited to the
Consolidated Fund any amounts received or recovered from the
25 Authority or otherwise in respect of any payment made by the
Treasurer under a guarantee given under section 35.
27
Botanic Gardens and Parks Authority
cl. 37 Bill 1998
Application of Financial Administration and Audit
Act 1985
37. The provisions of the Financial Administration and Audit
Act 1985 regulating the financial administration, audit and
5 reporting of statutory authorities apply to and in respect of the
Authority and its operations.
28
Botanic Gardens and Parks Authority
Bill 1998 cl. 38
PART 7 -- BOTANIC GARDENS AND PARKS
FOUNDATION
Botanic Gardens and Parks Foundation established
38. (1) There is established a body called the Botanic
5 Gardens and Parks Foundation.
(2) The Foundation is a body corporate with perpetual
succession.
(3) Proceedings may be taken by or against the Foundation
in its corporate name.
10 Governing council
39. The Foundation is to have a council which, subject to this
Act, is to be the governing body of the Foundation.
Functions
40. The functions of the Foundation are --
15 (a) to attract and retain continuing public interest and
financial support for the Authority in the performance
of its functions under section 9 (2); and
(b) to encourage donations to facilitate the performance
by the Authority of its functions under section 9 (2).
20 Powers
41. The Foundation has power to do all things necessary or
convenient to be done for or in connection with the performance
of its functions.
29
Botanic Gardens and Parks Authority
cl. 42 Bill 1998
Financial arrangements
42. (1) Funds received by the Foundation are to be credited
to an account called the ``Botanic Gardens and Parks Foundation
Account'' --
5 (a) at the Treasury; or
(b) with the approval of the Treasurer, at a bank,
and if paragraph (a) applies the Foundation Account is to form
part of the Trust Fund constituted under section 9 of the
Financial Administration and Audit Act 1985.
10 (2) The Foundation Account is to be charged with all
expenditure lawfully incurred by the Foundation in the
performance of its functions.
(3) Moneys standing to the credit of the Foundation
Account --
15 (a) are subject to the direction and control of the
Authority; and
(b) may be transferred to the Authority for the purposes
of carrying this Act into effect or otherwise applied for
the purposes of the Authority or the Foundation.
20 (4) The operation of the Foundation Account is to be
regarded as --
(a) a service under the control of the Authority for the
purposes of section 54 of the Financial Administration
and Audit Act 1985; and
25 (b) part of the operations of the Authority for the
purposes of Division 14 of Part II of that Act.
30
Botanic Gardens and Parks Authority
Bill 1998 cl. 43
Rules
43. (1) The Minister may, on the recommendation of the
Authority, make rules that are necessary or convenient for giving
effect to this Part.
5 (2) Without limiting subsection (1), the rules may --
(a) provide for the appointment, constitution, functions
and proceedings of the council, including power to
employ persons, appoint agents, obtain professional or
other services and do all things necessary or
10 convenient to be done for or in connection with the
performance by the Foundation of its functions;
(b) provide for membership of the Foundation, including
membership of different categories having different
privileges;
15 (c) provide for meetings and other proceedings of
members of the Foundation;
(d) provide for the appointment of one or more patrons of
the Foundation;
(e) provide for Friends of the Foundation and for the
20 establishment of a register of such persons;
(f) provide for the manner of execution of documents
authorized to be executed by resolution of the council;
and
(g) empower the council, with the approval of the
25 Authority, to make by-laws with respect to the
operations and proceedings of the Foundation, the
council, committees of the council and persons
employed by the Foundation.
31
Botanic Gardens and Parks Authority
cl. 44 Bill 1998
PART 8 -- GENERAL
Authority to be consulted
44. Before a person or a body acting under a written law
carries out any work affecting designated land, that person or
5 body must consult with the Authority on the proposal and have
regard to any views that the Authority may express.
Protection from liability
45. (1) An action in tort does not lie against a person, other
than the Authority, for anything that the person has, in good
10 faith, done in the performance or purported performance of a
function under this Act.
(2) The protection given by this section applies even though
the thing done in the performance or purported performance of a
function under this Act may have been capable of being done
15 whether or not this Act had been enacted.
(3) This section does not relieve the Authority or the Crown
of any liability that it might have for the doing of anything by a
person against whom this section provides that an action does
not lie.
20 (4) In this section, a reference to the doing of anything
includes a reference to the omission to do anything.
Execution of documents by Authority
46. (1) The Authority is to have a common seal.
(2) A document is duly executed by the Authority, if --
25 (a) the common seal of the Authority is affixed to it in
accordance with subsections (3) and (4); or
(b) it is signed on behalf of the Authority by a person or
persons authorized to do so under subsection (5).
32
Botanic Gardens and Parks Authority
Bill 1998 cl. 47
(3) The common seal of the Authority is not to be affixed to
any document except as authorized by the board.
(4) The common seal of the Authority is to be affixed to a
document in the presence of 2 members of the board, and each of
5 them is to sign the document to attest that the common seal was
so affixed.
(5) The Authority may, by writing under its seal, authorize a
member or members of the board or a member or members of
staff to sign documents on behalf of the Authority, either
10 generally or subject to such conditions or restrictions as are
specified in the authorization.
(6) A document purporting to be executed in accordance with
this section is to be presumed to be duly executed until the
contrary is shown.
15 (7) When a document is produced bearing a seal purporting
to be the common seal of the Authority, it is to be presumed that
the seal is the common seal of the Authority until the contrary is
shown.
Confidentiality
20 47. A person who is or has been a member of the board or of a
committee or a member of staff must not, directly or indirectly,
record, disclose or make use of any information obtained in the
course of duty except --
(a) for the purpose of performing functions under this Act;
25 (b) as required or allowed by this Act or under another
written law;
(c) with the written consent of the person to whom the
information relates; or
(d) in prescribed circumstances.
30 Penalty: $10 000 and imprisonment for 12 months.
33
Botanic Gardens and Parks Authority
cl. 48 Bill 1998
Liability for acts of children
48. (1) Where loss is suffered by the Authority as a result of
any damage to, or destruction of, any property owned by or under
the control and management of the Authority by the intentional
5 or negligent act or omission of a child, the Authority may recover
the amount of that loss from a responsible adult by action in a
court of competent jurisdiction unless the responsible adult shows
that he or she did not contribute to the act or omission of the
child by neglecting to exercise due care and control of the child.
10 (2) Subsection (1) is in addition to section 58 of the Young
Offenders Act 1994.
(3) In subsection (1) --
``child'' means a person who has not reached the age of
18 years;
15 ``responsible adult'', in relation to a child, has the same
meaning as it has in section 58 of the Young Offenders
Act 1994 in relation to a young person within the
meaning of that Act.
Onus of proof in vehicle offences may be shifted
20 49. (1) In this section --
``vehicle offence'' means an offence against the
regulations of which the use, driving, parking,
standing or leaving of a vehicle is an element.
(2) Where a vehicle offence is alleged to have been
25 committed and the identity of the person committing the alleged
offence is not known and cannot immediately be ascertained a
park management officer may give the owner of the vehicle a
notice under this section.
34
Botanic Gardens and Parks Authority
Bill 1998 cl. 49
(3) The notice is to be in the prescribed form and is to
contain particulars of the alleged offence and require the owner
to identify the person who was the driver or person in charge of
the vehicle at the time when the offence is alleged to have been
5 committed.
(4) The notice may be addressed to the owner of the vehicle
without naming, or stating the address of, the owner and may be
given by --
(a) attaching it to the vehicle or leaving it in or on the
10 vehicle at or about the time that the alleged offence is
believed to have been committed; or
(b) giving it to the owner within 21 days after the alleged
offence is believed to have been committed.
(5) The notice is to include a short statement of the effect of
15 subsection (6).
(6) Unless, within 28 days after being served with the notice,
the owner of the vehicle --
(a) informs the Authority or a member of staff authorized
for the purposes of this paragraph as to the identity
20 and address of the person who was the driver or
person in charge of the vehicle at the time the offence
is alleged to have been committed; or
(b) satisfies the Authority that the vehicle had been
stolen or unlawfully taken, or was being unlawfully
25 used, at the time the offence is alleged to have been
committed,
the owner is, in the absence of proof to the contrary, deemed to
have committed the offence.
35
Botanic Gardens and Parks Authority
cl. 50 Bill 1998
Evidentiary provision -- speed measuring equipment
50. (1) In this section --
``speed measuring equipment'' means apparatus of a
type approved under section 98A (2) of the Road
5 Traffic Act 1974.
(2) In proceedings for an offence against the regulations,
evidence may be given of the use of speed measuring equipment
by a park management officer in relation to a vehicle and of the
speed at which that vehicle was moving as ascertained by the use
10 of that equipment.
(3) Evidence given under subsection (2) is, in the absence of
evidence to the contrary, proof of the speed at which the vehicle
was moving at the time of the use of the speed measuring
equipment in relation to that vehicle.
15 (4) In proceedings for an offence against the regulations,
evidence by a park management officer that apparatus used by
the officer was speed measuring equipment within the meaning
of this section is, in the absence of evidence to the contrary, proof
of that fact.
20 (5) Nothing in this section prevents or restricts the
introduction of any competent evidence, whether in addition to,
or independent of, any evidence for which provision is made by
this section, bearing on the question of whether a person is or is
not guilty of an offence against the regulations.
25 Infringement notices
51. (1) In this section --
``authorized person'' means a person appointed under
subsection (10) to be an authorized person for the
purposes of the subsection in which the term is used.
36
Botanic Gardens and Parks Authority
Bill 1998 cl. 51
(2) A park management officer who has reason to believe
that a person has committed a prescribed offence against the
regulations may give an infringement notice to the alleged
offender within 21 days after the alleged offence is believed to
5 have been committed.
(3) An infringement notice is to be in the prescribed form
and is to --
(a) contain a description of the alleged offence;
(b) advise that if the alleged offender does not wish to
10 have a complaint of the alleged offence heard and
determined by a court, the amount of money specified
in the notice as being the modified penalty for the
offence may be paid to an authorized person within a
period of 28 days after the giving of the notice; and
15 (c) inform the alleged offender as to who are authorized
persons for the purposes of receiving payment of
modified penalties.
(4) In an infringement notice the amount specified as being
the modified penalty for the offence referred to in the notice is to
20 be the amount that was the modified penalty prescribed by
regulation at the time the alleged offence is believed to have been
committed.
(5) An authorized person may, in a particular case, extend
the period of 28 days within which the modified penalty may be
25 paid and the extension may be allowed whether or not the period
of 28 days has elapsed.
(6) Where the modified penalty specified in an infringement
notice has been paid within 28 days or such further time as is
allowed and the notice has not been withdrawn, the bringing of
30 proceedings and the imposition of penalties are prevented to the
same extent as they would be if the alleged offender had been
convicted by a court of, and punished for, the alleged offence.
37
Botanic Gardens and Parks Authority
cl. 52 Bill 1998
(7) An authorized person may, whether or not the modified
penalty has been paid, withdraw an infringement notice by
sending to the alleged offender a notice in the prescribed form
stating that the infringement notice has been withdrawn.
5 (8) If an infringement notice is withdrawn after the modified
penalty has been paid, the amount of the modified penalty is to
be refunded.
(9) Payment of a modified penalty is not to be regarded as
an admission for the purposes of any proceedings, whether civil
10 or criminal.
(10) The Authority may, in writing, appoint persons or
classes of persons to be authorized persons for the purposes of
subsection (3), (5) or (7), but a park management officer who
gives an infringement notice is not eligible to be an authorized
15 person for the purposes of any of those subsections in relation to
that notice.
Notice placing onus on vehicle owner
52. (1) If an alleged offence is one for which a notice under
section 49 can be given to the owner of a vehicle involved in the
20 commission of the offence, that notice can be included in the
same document as an infringement notice given to the owner for
the alleged offence.
(2) For the purpose of giving the vehicle owner an
infringement notice that is with a notice under section 49 --
25 (a) it is a sufficient ground for believing the owner to
have committed the alleged offence that the person is
the owner; and
(b) the infringement notice may be addressed and given
as specified in section 49 (4).
38
Botanic Gardens and Parks Authority
Bill 1998 cl. 53
(3) Where the modified penalty specified in an infringement
notice has been paid within 28 days or such further time as is
allowed, section 49 (6) does not have effect to deem the owner to
have committed the offence.
5 (4) The statement required by section 49 (5) is to include a
description of the effect of subsection (3) if an infringement notice
is given with a notice under section 49.
Regulations
53. (1) The Governor may make regulations prescribing all
10 matters that are required or permitted by this Act to be
prescribed, or are necessary or convenient to be prescribed for
giving effect to the purposes of this Act.
(2) Without limiting subsection (1), the regulations may --
(a) provide for the care, control and management of the
15 designated land;
(b) provide for the conservation of the natural
environment, landscape features, amenity, flora and
fauna of the designated land;
(c) for the purpose of conserving the natural environment,
20 landscape features, amenity, flora or fauna of the
designated land, prohibit, restrict or regulate the
access of persons or animals to any part of the land;
(d) prohibit, restrict or regulate the use, driving, parking,
standing or leaving of vehicles on any part of the
25 designated land;
(e) without limiting section 10 (2) (i), (j) and (k), provide
for the imposition and payment of fees and charges;
and
39
Botanic Gardens and Parks Authority
cl. 54 Bill 1998
(f) provide that contravention of a regulation constitutes
an offence and provide for a penalty not exceeding
$2 000 in respect of any such offence.
Review of Act
5 54. (1) The Minister is to carry out a review of the operation
and effectiveness of this Act as soon as is practicable after the
expiry of 5 years from its commencement.
(2) In the course of that review the Minister is to consider
and have regard to --
10 (a) the effectiveness of the operations of the Authority;
(b) the need for the continuation of the functions of the
Authority; and
(c) any other matters that appear to the Minister to be
relevant to the operation and effectiveness of this Act.
15 (3) The Minister is to prepare a report based on the review
and, as soon as is practicable after the report is prepared, is to
cause it to be laid before each House of Parliament.
Savings and transitional provisions
55. Schedule 2 has effect with respect to savings and
20 transitional provisions.
Consequential amendments
56. The Acts referred to in Schedule 3 are amended in the
manner specified in that Schedule.
40
Botanic Gardens and Parks Authority
Bill 1998 Sch. 1
SCHEDULE 1 -- CONSTITUTION AND
PROCEEDINGS OF BOARD
[Section 7]
Division 1 -- General provisions
5 Term of office
1. A member holds office for such term, not exceeding 3 years, as is
specified in the instrument of his or her appointment, but may from
time to time be re-appointed.
Resignation, removal, etc.
10 2. (1) The office of a member becomes vacant if he or she --
(a) resigns the office by written notice addressed to the
Minister;
(b) is an insolvent under administration as that expression is
defined in the Corporations Law; or
15 (c) is removed from office by the Minister under subclause (2).
(2) The Minister may remove a member from office if the Minister
is satisfied that the member --
(a) has neglected his or her duty;
(b) has misbehaved;
20 (c) is incompetent;
(d) is suffering from mental or physical incapacity impairing
the performance of his or her functions; or
(e) has been absent, without leave and reasonable excuse, from
3 consecutive meetings of the board of which the member
25 has had notice.
Leave of absence
3. The board may grant leave of absence to a member on such terms
and conditions as it thinks fit.
41
Botanic Gardens and Parks Authority
Sch. 1 Bill 1998
Chairperson unable to act
4. If the chairperson is unable to act by reason of sickness, absence or
other cause, or during any vacancy in that office, the deputy
chairperson is to perform the functions of the chairperson.
5 Member unable to act
5. (1) If a member, other than the chairperson, is unable to act by
reason of sickness, absence or other cause, the Minister may appoint
another person to act temporarily in his or her place and, while so
acting according to the tenor of his or her appointment, that other
10 person is to be taken to be a member of the board.
(2) If the member who is deputy chairperson is performing the
functions of the chairperson, the Minister may, under subclause (1),
appoint another person to act in his or her place as a member.
(3) The appointment of a person under subclause (1) may be
15 terminated at any time by the Minister.
Saving
6. No act or omission of a person acting in place of another under
clause 4 or 5 is to be questioned on the ground that the occasion for his
or her appointment or acting had not arisen or had ceased.
20 Calling of meetings
7. (1) Subject to subclause (2), meetings are to be held at the times
and places that the board determines.
(2) A special meeting of the board may at any time be convened by
the chairperson.
25 (3) The first meeting of the board is to be convened by the
chairperson.
Presiding officer
8. (1) The chairperson is to preside at all meetings of the board at
which he or she is present.
30 (2) If both the chairperson and the deputy chairperson are absent
from a meeting the members present are to appoint one of their number
to preside.
42
Botanic Gardens and Parks Authority
Bill 1998 Sch. 1
Quorum
9. A quorum for a meeting of the board is at least one half of the
number of members.
Voting
5 10. (1) At any meeting of the board each member present has a
deliberative vote.
(2) If the votes cast on a question are equally divided, the
chairperson, deputy chairperson or other person presiding has a casting
vote on the question.
10 Minutes
11. The board is to cause accurate minutes to be kept of the
proceedings at its meetings.
Resolution without meeting
12. A resolution in writing signed by each member or assented to by
15 each member by letter, telegram or facsimile is as effectual as if it had
been passed at a meeting of the board.
Telephone or video meetings
13. A communication between a majority of the members by
telephone, audio-visual or other electronic means is a valid meeting of
20 the board if each participating member is capable of communicating
with every other participating member instantaneously at all times
during the proceedings.
Committees
14. (1) The board may appoint committees to assist it in the
25 performance of its functions, and may discharge or alter any committee
so appointed.
(2) A committee may include persons who are not members of the
board.
(3) Subject to the directions of the board and to the terms of any
30 delegation under section 12, a committee may determine its own
procedures.
Board to determine own procedures
15. Subject to this Act, the board is to determine its own procedures.
43
Botanic Gardens and Parks Authority
Sch. 1 Bill 1998
Division 2 -- Disclosure of interests etc.
Disclosure of interests
16. (1) A member who has a material personal interest in a matter
being considered or about to be considered by the board must, as soon
5 as possible after the relevant facts have come to the member's
knowledge, disclose the nature of the interest at a meeting of the board.
Penalty: $10 000.
(2) A disclosure under subclause (1) is to be recorded in the
minutes of the meeting.
10 Voting by interested members
17. A member who has a material personal interest in a matter that
is being considered by the board --
(a) must not vote whether at a meeting or otherwise --
(i) on the matter; or
15 (ii) on a proposed resolution under clause 18 in respect of
the matter, whether relating to that member or a
different member;
and
(b) must not be present while --
20 (i) the matter; or
(ii) a proposed resolution of the kind referred to in
paragraph (a) (ii),
is being considered at a meeting.
Clause 17 may be declared inapplicable
25 18. Clause 17 does not apply if the board has at any time passed a
resolution that --
(a) specifies the member, the interest and the matter; and
(b) states that the members voting for the resolution are
satisfied that the interest should not disqualify the member
30 from considering or voting on the matter.
44
Botanic Gardens and Parks Authority
Bill 1998 Sch. 1
Quorum where clause 17 applies
19. (1) Despite clause 9, if a member of the board is disqualified
under clause 17 in relation to a matter, a quorum is present during the
consideration of the matter if at least 3 members are present who are
5 entitled to vote on any motion that may be moved at the meeting in
relation to the matter.
(2) The Minister may deal with a matter insofar as the board
cannot deal with it because of subclause (1).
Minister may declare clauses 17 and 19 inapplicable
10 20. (1) The Minister may by writing declare that clause 17 or 19 or
both of them do not apply in relation to a specified matter either
generally or in voting on particular resolutions.
(2) The Minister must within 14 days after a declaration under
subclause (1) is made cause a copy of the declaration to be laid before
15 each House of Parliament.
45
Botanic Gardens and Parks Authority
Sch. 2 Bill 1998
SCHEDULE 2 -- SAVINGS AND TRANSITIONAL PROVISIONS
[Section 55]
Definitions
1. In this Schedule --
5 ``assets'' means property of every kind whether tangible or
intangible, real or personal, corporeal or incorporeal and
includes without limitation --
(a) choses in action;
(b) goodwill; and
10 (c) rights, interests and claims of every kind in or to
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
15 prospective;
``Board'' means the King's Park Board appointed by the Governor
under subsection (1) of section 3 of the Parks and Reserves
Act 1895 and constituted a body corporate under
subsection (4) of that section;
20 ``commencement'' means the commencement of this Act;
``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;
25 ``right'' means any right, power, privilege or immunity whether
actual, contingent or prospective.
Dissolution of Board
2. (1) The Board is dissolved.
(2) Sections 36, 37 and 38 of the Interpretation Act 1984 apply, in
30 relation to the dissolution of the Board, as if this Act were an Act
repealing the Parks and Reserves Act 1895.
46
Botanic Gardens and Parks Authority
Bill 1998 Sch. 2
Devolution of assets, liabilities etc.
3. On the commencement --
(a) the assets and rights of the Board that were immediately
before the commencement vested in the Board vest in the
5 Authority by force of this clause;
(b) the liabilities of the Board immediately before the
commencement become, by force of this clause, the
liabilities of the Authority;
(c) any proceedings or remedy that immediately before the
10 commencement might have been brought or continued by or
available against or to the Board, may be brought or
continued and are available, by or against or to the
Authority;
(d) any act, matter or thing done or omitted to be done before
15 the commencement by, to or in respect of the Board (to the
extent that that act, matter or thing has any force or effect)
is to be taken to have been done or omitted by, to or in
respect of the Authority;
(e) anything lawfully commenced by the Board may, so far as it
20 is not contrary to this Act, be carried on and completed by
the Authority; and
(f) the Authority is to take delivery of all papers, documents,
minutes, books of account and other records (however
compiled, recorded or stored) relating to the operations of
25 the Board.
Agreements and instruments
4. Any agreement or instrument subsisting immediately before the
commencement --
(a) to which the Board was a party; or
30 (b) which contains a reference to the Board,
has effect after the commencement as if --
(c) the Authority were substituted for the Board as a party to
the agreement or instrument; and
(d) any reference in the agreement or instrument to the Board
35 were (unless the context otherwise requires) amended to be
or include a reference to the Authority.
47
Botanic Gardens and Parks Authority
Sch. 2 Bill 1998
References to Board in written law
5. A reference to the Board in an enactment in force immediately
before the commencement is to be read (unless the context otherwise
requires) as if it had been amended to be a reference to the Authority.
5 Chief executive officer
6. (1) The person who immediately before the commencement
occupied the office of chief executive officer of the Board is, after the
commencement, the chief executive officer of the Authority until the
expiry of the term of his or her appointment.
10 (2) Subject to the Public Sector Management Act 1994, the
employment of the chief executive officer continues to be governed by
the terms and conditions of service that applied before the
commencement.
Staff
15 7. (1) A person who immediately before the commencement was
appointed by the Board under section 7 of the Parks and Reserves
Act 1895 is to be taken after the commencement to be engaged by the
chief executive officer under section 24 (1).
(2) Except as otherwise agreed by a person referred to in
20 subclause (1), the operation of that subclause does not --
(a) affect the person's pay, as that term is defined in
regulation 3 (1) of the Public Sector Management
(Redeployment and Redundancy) Regulations 1994;
(b) prejudice the person's existing or accruing rights in respect
25 of annual leave, long service leave, sick leave or parental
leave;
(c) affect any rights under a superannuation scheme; or
(d) interrupt continuity of service.
Rangers
30 8. A person who immediately before the commencement was a ranger
appointed by the Board under section 7 of the Parks and Reserves
Act 1895 is to be taken after the commencement to be designated as a
park management officer under section 26.
48
Botanic Gardens and Parks Authority
Bill 1998 Sch. 2
Annual reports for part of a year
9. (1) The Board is to report as required by section 66 of the
Financial Administration and Audit Act 1985, but limited to the period
from 1 July preceding the commencement to the commencement, and
5 Division 14 of Part II of that Act applies as if that period were a
financial year of the Board.
(2) Despite clause 2, the Board continues in existence for the
purposes of subclause (1) and is entitled to receive from the Authority
and its staff such assistance as it may require for that purpose.
10 (3) For the purposes of Division 14 of Part II of the Financial
Administration and Audit Act 1985, the period from the commencement
to the succeeding 30 June is to be regarded as a full financial year of
the Authority.
Existing leases not affected
15 10. Nothing in this Act is to be taken to affect --
(a) the length of the term of a lease in force on the
commencement that was granted by the Board under a
power conferred by section 5 of the Parks and Reserves
Act 1895 or section 13 (1) of the Reserves Act 1955; or
20 (b) the other terms and conditions of any such lease, including
any provision as to renewal.
49
Botanic Gardens and Parks Authority
Sch. 3 Bill 1998
SCHEDULE 3 -- CONSEQUENTIAL AMENDMENTS TO
VARIOUS ACTS
[Section 56]
Constitution Acts Amendment Act 1899
5 1. Part 3 of Schedule V is amended by inserting in the appropriate
alphabetical position the following item --
``
The board of management of the Botanic Gardens and
Parks Authority established by the Botanic Gardens
10 and Parks Authority Act 1998.
''.
Financial Administration and Audit Act 1985
2. Schedule 1 is amended --
(a) by inserting in the appropriate alphabetical position the
following item --
`` Botanic Gardens and Parks Authority ''; and
(b) by deleting ``The King's Park Board''.
Government Employees Superannuation Act 1987
3. Schedule 1 is amended in Part B --
(a) by inserting in the appropriate alphabetical position the
following item --
`` Botanic Gardens and Parks Authority ''; and
(b) by deleting ``King's Park Board''.
Parks and Reserves Act 1895
4. (1) Section 2A is amended --
(a) by inserting after the section designation ``2A.'' the
subsection designation ``(1)''; and
50
Botanic Gardens and Parks Authority
Bill 1998 Sch. 3
(b) by inserting the following subsection --
``
(2) This Act does not authorize the
Governor to appoint persons to form a Board to
control and manage designated land as defined
in section 3 of the Botanic Gardens and Parks
Authority Act 1998.
''.
(2) Section 5 is amended by repealing subsections (3), (4), (4a), (5),
(5A) and (5B).
Public Sector Management Act 1994
5. Schedule 2 is amended --
(a) by inserting after item 2 the following item --
``
3 Botanic Gardens and Parks Authority,
established under the Botanic Gardens
and Parks Authority Act 1998
'';
and
(b) by deleting item 25.
Sentencing Act 1995
6. Schedule 1 is amended by inserting in the appropriate alphabetical
position the following item --
``
Botanic Gardens and Parks Botanic Gardens and Parks
Authority Act 1998 Authority.
''.
51
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