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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Chemistry Centre (WA) Bill 2006
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used in this Act 2
Part 2 -- Chemistry Centre (WA)
4. Chemistry Centre established 5
5. Status 5
6. Board of management 5
7. Constitution and proceedings of board 5
8. Remuneration of members of the board 6
Part 3 -- Functions and powers of the
Chemistry Centre
9. Functions 7
10. Principles of operation 7
11. Powers 8
12. Transactions that require Ministerial approval 10
13. Exemptions from section 12 11
14. Delegation by the Chemistry Centre 11
15. Use of trading names for Chemistry Centre and its
operations 12
Part 4 -- Staff
16. Chief executive officer 13
17. Other staff and contractors 13
18. Use of other government staff and facilities 14
121--2 page i
Chemistry Centre (WA) Bill 2006
Contents
Part 5 -- Accountability and
financial provisions
Division 1 -- Accountability
19. Duty to observe policy instruments 15
20. Strategic development plan and statement of
corporate intent 15
21. Minister to be kept informed 16
22. Minister may give directions 16
23. Minister to have access to information 17
24. Information not available to the Minister 18
25. Protection for disclosure or compliance with
directions 18
Division 2 -- Financial provisions
26. Chemistry Centre's funds 18
27. Chemistry Centre (WA) Account 19
28. Borrowing 19
29. Guarantees 20
30. Charges for guarantee 20
31. Liability for duties, taxes and other statutory
imposts 20
Division 3 -- Financial Management Act 2006
and Auditor General Act 2006
32. Application of Financial Management Act 2006
and Auditor General Act 2006 22
Part 6 -- General provisions
33. Confidentiality 23
34. Confidentiality -- contractors 24
35. Confidentiality -- reports and other documents 25
36. Laying documents before Parliament 26
37. Execution of documents by Chemistry Centre 26
38. Contract formalities 27
39. Protection from liability 28
40. Regulations 28
41. Review of Act 28
42. Transitional and savings provisions 29
43. Amendments to other Acts 29
page ii
Chemistry Centre (WA) Bill 2006
Contents
Schedule 1 -- Constitution and
proceedings of the board
Division 1 -- General provisions
1. Term of office 30
2. Resignation, removal, etc. 30
3. Leave of absence 30
4. Chairperson unable to act 30
5. Board member unable to act 31
6. Saving 31
7. Calling of meetings 31
8. Presiding officer 31
9. Quorum 31
10. Voting 32
11. Minutes 32
12. Resolution without meeting 32
13. Holding meetings remotely 32
14. Committees 32
15. Board to determine own procedures 32
Division 2 -- Disclosure of interests etc.
16. Disclosure of interests 33
17. Voting by interested members 33
18. Clause 17 may be declared inapplicable 33
19. Quorum where clause 17 applies 34
20. Minister may declare clauses 17 and 19
inapplicable 34
Schedule 2 -- Transitional provisions
Division 1 -- Interpretation
1. Terms used in this Schedule 35
Division 2 -- Transfer of assets, liabilities,
proceedings etc.
2. Minister may make transfer orders 35
3. Consequences of transfer order 37
4. Department to complete necessary transactions 37
5. Registration of documents 38
6. Exemption from State taxes 38
7. Rectifying error in transfer order 39
page iii
Chemistry Centre (WA) Bill 2006
Contents
Division 3 -- Continuing effect of things done
8. Terms used in this Division 40
9. Completion of things commenced 40
10. Continuing effect of references and things done
generally 40
Division 4 -- Miscellaneous transitional
provisions
11. Relevant amount for the purposes of section 12 41
12. Further transitional provision may be made 41
13. Saving 41
Schedule 3 -- Amendment of other
written laws
1. Constitution Acts Amendment Act 1899 amended 43
2. Financial Management Act 2006 amended 43
3. Public Sector Management Act 1994 amended 43
4. Statutory Corporations (Liability of Directors)
Act 1996 amended 44
5. Various references to Director of the Chemistry
Centre changed to chief executive officer of the
Chemistry Centre 44
6. State Superannuation Regulations 2001 amended 45
Defined Terms
page iv
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Chemistry Centre (WA) Bill 2006
A Bill for
An Act to --
· establish an agency of the Crown with the function of providing
chemical information, advice and analytical services to the State
and other persons and with related functions;
· make consequential amendments to certain Acts,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Chemistry Centre (WA) Bill 2006
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Chemistry Centre (WA) Act 2006.
2. Commencement
5 (1) This Act, other than Part 1 and Schedule 2, comes into operation
on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
(3) Part 1 and Schedule 2 come into operation on the day on which
10 this Act receives the Royal Assent.
3. Terms used in this Act
(1) In this Act, unless the contrary intention appears --
"account" means the account referred to in section 27;
"board" means the board of management provided for under
15 section 6 and, in Schedule 1 Division 2, includes a
committee;
"chairperson" means the chairperson of the board;
"Chemistry Centre" means the Chemistry Centre (WA)
established by section 4;
20 "chief executive officer" means the chief executive officer
referred to in section 16;
"client related information" means, in relation to services
provided by the Chemistry Centre --
(a) information obtained from or for a private client as
25 part of providing those services to the client; or
(b) the fact that a private client has sought those services;
"committee" means a committee appointed under Schedule 1
clause 14;
page 2
Chemistry Centre (WA) Bill 2006
Preliminary Part 1
s. 3
"government agency" means --
(a) a department of the Public Service;
(b) a State agency or instrumentality; or
(c) a body (whether incorporated or not) or the holder of
5 an office, post or position, established or continued
by or under a written law for a public purpose;
"member of staff " means the chief executive officer or a
person referred to in section 17(1) or (2);
"member of the board" includes a person appointed under
10 Schedule 1 clause 5 and, in Schedule 1 Division 2, includes
a member of a committee;
"personal information" means information or an opinion,
whether true or not, about an individual whose identity is
apparent, or can reasonably be ascertained, from the
15 information, but does not include information or an opinion
about a member of the board, a member of a committee, a
member of staff or any other person engaged under
section 17 or made available under section 17(6) or 18, in
that capacity;
20 "private client" means a person or organisation, other than a
government agency --
(a) for whom the Chemistry Centre has provided, or is
providing, services; or
(b) who has sought the services of the Chemistry Centre;
25 "subsidiary" means --
(a) a body determined to be a subsidiary of the
Chemistry Centre under subsection (2); or
(b) a unit trust, joint venture or partnership where the
interest or other rights of the Chemistry Centre in
30 connection with the unit trust, joint venture or
partnership entitle the Chemistry Centre to --
(i) control the composition of the governing body
of the unit trust, joint venture or partnership;
page 3
Chemistry Centre (WA) Bill 2006
Part 1 Preliminary
s. 3
(ii) cast, or control the casting of, more than
one-half of the maximum number of votes
that might be cast at a general meeting of the
unit trust, joint venture or partnership; or
5 (iii) control the business affairs of the unit trust,
joint venture or partnership.
(2) The Commonwealth Corporations Act 2001 Part 1.2 Division 6
applies for the purpose of determining whether a body is a
subsidiary of the Chemistry Centre.
page 4
Chemistry Centre (WA) Bill 2006
Chemistry Centre (WA) Part 2
s. 4
Part 2 -- Chemistry Centre (WA)
4. Chemistry Centre established
(1) A body called the Chemistry Centre (WA) is established.
(2) The Chemistry Centre is a body corporate with perpetual
5 succession.
(3) Proceedings may be taken by or against the Chemistry Centre in
its corporate name.
5. Status
The Chemistry Centre is an agent of the Crown and enjoys the
10 status, immunities and privileges of the Crown.
6. Board of management
(1) The Chemistry Centre is to have a board of management
comprising --
(a) one member appointed as the chairperson;
15 (b) one member appointed as the deputy chairperson; and
(c) 5 other members.
(2) The board is the governing body of the Chemistry Centre and,
in the name of the Chemistry Centre, is to perform the functions
of the Chemistry Centre.
20 (3) The members of the board are to be appointed by the Minister.
(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 Chemistry Centre.
7. Constitution and proceedings of board
25 Schedule 1 has effect with respect to the board and its members
and a committee and its members.
page 5
Chemistry Centre (WA) Bill 2006
Part 2 Chemistry Centre (WA)
s. 8
8. Remuneration of members of the board
(1) A member of the board is to be paid such remuneration and
travelling and other allowances as are determined in his or her
case by the Minister on the recommendation of the Minister for
5 Public Sector Management.
(2) A member of a committee who is not a member of the board is
to be paid such remuneration and travelling and other
allowances as are determined in his or her case by the Minister
on the recommendation of the Minister for Public Sector
10 Management.
page 6
Chemistry Centre (WA) Bill 2006
Functions and powers of the Chemistry Centre Part 3
s. 9
Part 3 -- Functions and powers of the
Chemistry Centre
9. Functions
The functions of the Chemistry Centre are --
5 (a) to provide chemical information, advice and analytical
services to government agencies, particularly, but not
exclusively, in the areas of --
(i) forensic science and medicine;
(ii) public health and safety;
10 (iii) environmental protection; and
(iv) crisis and emergency response and management;
(b) to undertake research and development that will, or is
likely to, assist --
(i) in the development of the State; and
15 (ii) in the performance of its other functions;
(c) to promote, and assist in the provision of, chemistry
based education and training and fundamental and
applied research and development;
(d) to earn revenue by engaging in commercial activities
20 that are not inconsistent with, and do not have an
adverse effect on, the performance of its other functions
and are --
(i) connected with the performance of the Chemistry
Centre's other functions; or
25 (ii) authorised by the regulations.
10. Principles of operation
(1) The Chemistry Centre is to perform its functions and manage its
affairs in accordance with the following principles --
(a) it is to provide high quality, independent chemical
30 information, advice and analytical services;
page 7
Chemistry Centre (WA) Bill 2006
Part 3 Functions and powers of the Chemistry Centre
s. 11
(b) it is to provide that information and advice and those
services in a timely manner;
(c) it is to maintain its capacity to adhere to the principles in
paragraphs (a) and (b), particularly, but not exclusively,
5 by ensuring that --
(i) persons with the skills and experience necessary
to do so are members of staff, or otherwise
employed by or made available to it; and
(ii) it has, or has available to it, the materials,
10 equipment and infrastructure necessary to
perform its functions;
(d) it is to perform its functions in a cost effective manner
(to the extent practicable).
(2) When engaging, or proposing to engage, in a commercial
15 activity, the Chemistry Centre is to ensure that --
(a) the activity is consistent with its strategic development
plan and statement of corporate intent; and
(b) the activity is likely to be of benefit to the community of
Western Australia.
20 (3) The Chemistry Centre may perform any of its functions in the
State or elsewhere.
11. Powers
(1) The Chemistry Centre has all the powers it needs to perform its
functions.
25 (2) The Chemistry Centre may, for the purpose of performing any
of its functions, but subject to any limitation imposed by this
Act --
(a) acquire, construct, add to, alter, improve, hold, maintain,
manage, develop or dispose of, real or personal
30 property;
page 8
Chemistry Centre (WA) Bill 2006
Functions and powers of the Chemistry Centre Part 3
s. 11
(b) enter into a contract or other arrangement, including a
contract or arrangement for the provision of services to
the Chemistry Centre;
(c) act as an agent or provide consultancy, professional or
5 technical services or other assistance under a contract
for services or other arrangement;
(d) with the Minister's and the Treasurer's approval,
participate in any business concern or acquire, hold and
dispose of, shares, units or other interests in or relating
10 to a business concern;
(e) collaborate with any person or body in the performance
of its functions;
(f) carry out any investigation, survey, exploration,
feasibility study, evaluation or review;
15 (g) produce and publish information on matters relating to
its functions, including results for research and
development undertaken by the Chemistry Centre, alone
or collaboratively;
(h) produce and deal in any equipment, facilities or system
20 associated with the performance of its functions;
(i) develop and turn to account any technology, software or
other intellectual property that relates to its functions
and, for that purpose, apply for, hold, exploit and
dispose of any patent, patent rights, copyright or similar
25 rights; and
(j) promote and market the Chemistry Centre and its
activities.
(3) Subsection (2) does not limit subsection (1) or any of the
Chemistry Centre's other powers.
30 (4) The Chemistry Centre may --
(a) make any gift for a charitable purpose or any other
purpose of benefit to the community or a section of the
community;
page 9
Chemistry Centre (WA) Bill 2006
Part 3 Functions and powers of the Chemistry Centre
s. 12
(b) make any ex gratia payment that it considers to be in the
Chemistry Centre's interest; or
(c) accept any gift or other payment if it is absolute, or
subject to conditions that it would be able to satisfy.
5 (5) In this section --
"acquire" includes acquiring --
(a) by way of a lease, licence, easement or bailment; or
(b) in any other manner in which an interest in property
may be acquired;
10 "business concern" means a company, a partnership, a trust, a
joint venture or any other business arrangement;
"dispose of " includes dispose of --
(a) by way of a lease, licence, easement or bailment; or
(b) in any other manner in which an interest in property
15 may be disposed of;
"participate in" a business concern includes form, promote,
establish, enter into, manage, dissolve, wind up, and do
things incidental to participating in, a business concern.
12. Transactions that require Ministerial approval
20 (1) Despite sections 9, 10 and 11, the Chemistry Centre must get
the Minister's approval before a transaction to which this
section applies is entered into.
(2) This section applies to a transaction if --
(a) it is to be entered into by the Chemistry Centre or a
25 subsidiary of the Chemistry Centre;
(b) it is not exempt under section 13; and
(c) the Chemistry Centre's liability exceeds the relevant
amount.
page 10
Chemistry Centre (WA) Bill 2006
Functions and powers of the Chemistry Centre Part 3
s. 13
(3) For the purposes of subsection (2)(c) --
(a) the Chemistry Centre's liability is the amount or value
of the consideration or the amount to be paid by the
Chemistry Centre or a subsidiary, worked out as at the
5 time when the transaction is entered into; and
(b) the relevant amount is the larger of --
(i) an amount equal to 5% of the value of the total
reported assets of the Chemistry Centre as set out
in the most recent annual report of the Chemistry
10 Centre under the Financial Management
Act 2006 Part 5; or
(ii) $1 000 000.
(4) In this section and section 13 --
"transaction" includes a contract or other arrangement but does
15 not include --
(a) an exercise of the power under section 11(2)(d); or
(b) a transaction under section 28.
13. Exemptions from section 12
(1) The Minister, with the Treasurer's concurrence, may by order
20 exempt a transaction or class of transaction from the operation
of section 12 either unconditionally or on specified conditions.
(2) An order under subsection (1) may be revoked or amended by
the Minister with the Treasurer's concurrence.
(3) The Minister must, within 14 days after an order under
25 subsection (1) or (2) is made, cause a copy of it to be laid before
each House of Parliament or be dealt with in accordance with
section 36.
14. Delegation by the Chemistry Centre
(1) The Chemistry Centre may delegate to a person any power or
30 duty of the Chemistry Centre under another provision of this
Act.
page 11
Chemistry Centre (WA) Bill 2006
Part 3 Functions and powers of the Chemistry Centre
s. 15
(2) The delegation must be in writing executed by the Chemistry
Centre.
(3) If a person is not a member of the board or a member of the
staff of the Chemistry Centre, a power or duty can only be
5 delegated to the person under this section if the person has been
approved for the purposes of this section by the Minister.
(4) An approval under subsection (3) may be given in respect of --
(a) a specified person or persons of a specified class; or
(b) the holder or holders for the time being of a specified
10 office or class of office.
(5) A person to whom a power or duty is delegated under this
section cannot delegate that power or duty.
(6) A person exercising or performing a power or duty that has been
delegated to the person under this section is to be taken to do so
15 in accordance with the terms of the delegation unless the
contrary is shown.
(7) Nothing in this section limits the ability of the Chemistry Centre
to perform a function through an officer or agent.
(8) This section does not apply to the execution of documents but
20 authority to execute documents on behalf of the Chemistry
Centre can be given under section 37.
15. Use of trading names for Chemistry Centre and its
operations
The Chemistry Centre may use and operate under one or more
25 trading names approved by the Minister, being --
(a) an abbreviation or adaptation of its corporate name; or
(b) a name other than its corporate name.
page 12
Chemistry Centre (WA) Bill 2006
Staff Part 4
s. 16
Part 4 -- Staff
16. Chief executive officer
(1) A chief executive officer of the Chemistry Centre is to be
appointed under the Public Sector Management Act 1994 Part 3.
5 (2) Subject to the control of the board, the chief executive officer is
to administer the day to day operations of the Chemistry Centre.
17. Other staff and contractors
(1) Public service officers may be appointed or made available
under the Public Sector Management Act 1994 Part 3 to enable
10 the Chemistry Centre to perform its functions.
(2) The Chemistry Centre may engage persons as staff otherwise
than under the Public Sector Management Act 1994 Part 3.
(3) The remuneration of and other terms and conditions of
employment of persons referred to in subsection (2) are not to
15 be less favourable than is provided for in --
(a) an applicable industrial award, order or agreement under
the Industrial Relations Act 1979; or
(b) the Minimum Conditions of Employment Act 1993.
(4) Nothing in subsection (3) affects the operation of the Industrial
20 Relations Act 1979 Part VID.
(5) Subsections (1) and (2) do not affect the power of the Chemistry
Centre to engage a person under a contract for services or
appoint a person on a casual employment basis under the Public
Sector Management Act 1994 section 100.
25 (6) The Chemistry Centre may, by arrangement on such terms as
are agreed with the relevant parties, make use of the services of
a person employed by another person.
page 13
Chemistry Centre (WA) Bill 2006
Part 4 Staff
s. 18
18. Use of other government staff and facilities
(1) The Chemistry Centre may by arrangement with the relevant
employing authority make use, either full-time or part-time, of
the services of any officer or employee --
5 (a) in the Public Service;
(b) in a State agency or instrumentality; or
(c) otherwise in the service of the State.
(2) The Chemistry Centre may by arrangement with --
(a) a department of the Public Service; or
10 (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 on
such terms as are agreed to by the parties.
15 (4) In this section, "employing authority", "Public Service" and
other expressions used in the Public Sector Management
Act 1994 each have the meaning given to them in that Act.
page 14
Chemistry Centre (WA) Bill 2006
Accountability and financial provisions Part 5
Accountability Division 1
s. 19
Part 5 -- Accountability and financial provisions
Division 1 -- Accountability
19. Duty to observe policy instruments
The Chemistry Centre is to perform its functions in accordance
5 with its strategic development plan and its statement of
corporate intent as existing from time to time.
20. Strategic development plan and statement of corporate
intent
(1) The Board must, at the prescribed times, prepare and submit to
10 the Minister --
(a) a strategic development plan for the Chemistry Centre;
and
(b) a statement of corporate intent for the Chemistry Centre.
(2) The regulations may make provision for the following --
15 (a) the manner and form in which the Board is to prepare,
submit, revise or modify a strategic development plan or
statement of corporate intent;
(b) the period a strategic development plan or statement of
corporate intent is to cover;
20 (c) the matters to be set out in a strategic development plan
or statement of corporate intent;
(d) the functions of the Board, the Minister and the
Treasurer in relation to the development, approval or
modification of a strategic development plan or
25 statement of corporate intent;
(e) the operation of a strategic development plan or
statement of corporate intent.
(3) If a regulation referred to in subsection (2) enables the Minister
to give directions to the Board, the Minister must cause a copy
30 of a direction given under the regulation to be laid before each
page 15
Chemistry Centre (WA) Bill 2006
Part 5 Accountability and financial provisions
Division 1 Accountability
s. 21
House of Parliament or be dealt with in accordance with
section 36 --
(a) within 14 days after a direction is given; or
(b) if the direction is the subject of a notice under the
5 Statutory Corporations (Liability of Directors) Act 1996
section 17, within 14 days after it is confirmed under
that section.
(4) Regulations referred to in subsection (2) are not to be made
except with the Treasurer's concurrence.
10 21. Minister to be kept informed
(1) The Chemistry Centre must --
(a) keep the Minister reasonably informed of the operations,
financial performance, and financial position of the
Chemistry Centre and prospects of the Chemistry
15 Centre;
(b) give the Minister reports and information that the
Minister requires for the making of informed
assessments of matters referred to in paragraph (a); and
(c) if matters arise that in the Chemistry Centre's opinion
20 may prevent, or significantly affect, achievement of the
Chemistry Centre's objectives and targets outlined in its
strategic development plan and statement of corporate
intent -- promptly inform the Minister of the matters
and its opinion in relation to them.
25 (2) This section is subject to section 24.
22. Minister may give directions
(1) The Minister may give written directions to the Chemistry
Centre with respect to the performance of its functions
generally, and the Chemistry Centre must give effect to any
30 such direction.
page 16
Chemistry Centre (WA) Bill 2006
Accountability and financial provisions Part 5
Accountability Division 1
s. 23
(2) The Minister must cause a copy of a direction under
subsection (1) to be laid before each House of Parliament, or
dealt with under section 36, within 14 days after the day on
which the direction is given.
5 (3) The text of a direction under subsection (1) is to be included in
the annual report submitted by the accountable authority of the
Chemistry Centre under the Financial Management Act 2006
Part 5.
23. Minister to have access to information
10 (1) The Minister is entitled --
(a) to have information in the possession of the Chemistry
Centre; and
(b) if the information is in or on a document, to have, and
make and retain copies of, that document.
15 (2) For the purposes of subsection (1) the Minister may --
(a) request the Chemistry Centre to give information to the
Minister;
(b) request the Chemistry Centre to give the Minister access
to information; and
20 (c) request the use of the staff of the Chemistry Centre to
obtain the information and give it to the Minister.
(3) The Chemistry Centre must comply with a request under
subsection (2).
(4) This section is subject to section 24.
25 (5) In this section --
"document" includes any tape, disk or other device or medium
on which information is recorded or stored mechanically,
photographically, electronically or otherwise;
"information" means information specified, or of a description
30 specified, by the Minister that relates to the functions of the
Chemistry Centre.
page 17
Chemistry Centre (WA) Bill 2006
Part 5 Accountability and financial provisions
Division 2 Financial provisions
s. 24
24. Information not available to the Minister
(1) Nothing in this Act entitles the Minister to have client related
information or personal information in the possession of the
Chemistry Centre obtained in the course of the Chemistry
5 Centre performing its functions.
(2) This section does not apply to, or in relation to, client related
information or personal information to the extent to which --
(a) the information is already in the public domain;
(b) the information is summary or statistical information
10 that could not reasonably be expected to enable
particulars relating to any person or organisation to be
ascertained;
(c) disclosure of the information to the Minister is required
by another written law; or
15 (d) disclosure of the information to the Minister is
authorised by each person or organisation to whom it
relates.
25. Protection for disclosure or compliance with directions
The Chemistry Centre or a person performing functions under
20 this Act is not liable --
(a) in respect of any claim arising as a consequence of the
disclosure of information or documents under this Act;
or
(b) for the fact of having done or omitted a thing that is
25 required to be done or omitted by a direction given
under this Act.
Division 2 -- Financial provisions
26. Chemistry Centre's funds
The funds available for enabling the Chemistry Centre to
30 perform its functions consist of --
(a) money received by the Chemistry Centre in the
performance of its functions;
page 18
Chemistry Centre (WA) Bill 2006
Accountability and financial provisions Part 5
Financial provisions Division 2
s. 27
(b) money from time to time appropriated by Parliament;
(c) money borrowed by the Chemistry Centre under
section 28; and
(d) other money lawfully received by, made available to, or
5 payable to, the Chemistry Centre under this or any other
Act.
27. Chemistry Centre (WA) Account
(1) Money received by the Chemistry Centre is to be credited to,
and money paid by the Chemistry Centre is to be debited to, an
10 account called the "Chemistry Centre (WA) Account, which is
to be established" --
(a) as an agency special purpose account under the
Financial Management Act 2006 section 16; or
(b) with the approval of the Treasurer, at a bank as defined
15 in section 3 of that Act.
(2) The Minister may --
(a) with the concurrence of the Treasurer, fix an amount
that the Chemistry Centre is required to pay to the
Treasurer by way of financial return to the State; and
20 (b) under section 22, direct the Chemistry Centre to make
the payment.
(3) The amount fixed under subsection (2) is limited to the amount
of the Chemistry Centre's profits.
28. Borrowing
25 (1) The Chemistry Centre may, with the prior approval of the
Minister and the Treasurer and on the terms and conditions
determined by the Treasurer --
(a) borrow or re-borrow money;
(b) obtain credit; or
30 (c) otherwise arrange for financial accommodation to be
extended to the Chemistry Centre.
page 19
Chemistry Centre (WA) Bill 2006
Part 5 Accountability and financial provisions
Division 2 Financial provisions
s. 29
(2) The total amount of money borrowed in any one financial year
is not to exceed the amount determined by the Treasurer.
(3) The Chemistry Centre is to keep any register that the regulations
require for the purposes of this section.
5 29. Guarantees
(1) The Treasurer, on the Minister's recommendation, may, in the
name and on behalf of the State, guarantee the performance by
the Chemistry Centre, in the State or elsewhere, of any financial
obligation of the Chemistry Centre.
10 (2) A guarantee is to be in the form, and subject to the terms and
conditions, determined by the Treasurer.
(3) The due payment of money payable by the Treasurer under a
guarantee is to be charged to the Consolidated Account, which
this subsection appropriates accordingly.
15 (4) The Treasurer is to cause any amounts received or recovered,
from the Chemistry Centre or otherwise, in respect of any
payment made by the Treasurer under a guarantee to be credited
to the Consolidated Account.
30. Charges for guarantee
20 (1) The Treasurer may, after consultation with the Chemistry
Centre, fix charges to be paid by the Chemistry Centre to the
Treasurer for the benefit of the Consolidated Account in respect
of a guarantee given under section 29.
(2) Payments by the Chemistry Centre to the Treasurer in respect of
25 those charges are required to be made at times, and in
instalments, as determined by the Treasurer.
31. Liability for duties, taxes and other statutory imposts
(1) Despite any other written law but except as stated in
subsection (2) --
30 (a) the Chemistry Centre; and
page 20
Chemistry Centre (WA) Bill 2006
Accountability and financial provisions Part 5
Financial provisions Division 2
s. 31
(b) deeds or other instruments to which it is a party,
are liable to and chargeable with duties, taxes or other imposts
under any written law.
(2) Despite subsection (1) but subject to subsection (3), the
5 Chemistry Centre is not liable to pay any local government rate
or charge.
(3) Subsection (2) does not apply to the liability to pay any rate or
charge in respect of land held under a lease or tenancy
agreement from the Chemistry Centre.
10 (4) The Chemistry Centre is to pay to the Treasurer in respect of
each financial year an amount equivalent to the sum of all local
government rates and charges that, but for subsection (2) and
the Local Government Act 1995 section 6.26(2)(a)(i), the
Chemistry Centre would have been liable to pay in respect of
15 that financial year.
(5) Subsection (4) does not apply in relation to rates and charges in
respect of land referred to in subsection (3).
(6) An amount payable under subsection (4) --
(a) is to be determined in accordance with such principles
20 as the Treasurer may direct; and
(b) is to be paid at such time or times as the Treasurer may
direct.
(7) The first payment under subsection (4) is to be in respect of the
next full financial year after the commencement of this Act.
page 21
Chemistry Centre (WA) Bill 2006
Part 5 Accountability and financial provisions
Division 3 Financial Management Act 2006 and Auditor General Act 2006
s. 32
Division 3 -- Financial Management Act 2006 and Auditor
General Act 2006
32. Application of Financial Management Act 2006 and Auditor
General Act 2006
5 The provisions of the Financial Management Act 2006 and the
Auditor General Act 2006 regulating the financial
administration, audit and reporting of statutory authorities apply
to and in respect of the Chemistry Centre and its operations.
page 22
Chemistry Centre (WA) Bill 2006
General provisions Part 6
s. 33
Part 6 -- General provisions
33. Confidentiality
(1) This section applies to a person who is or has been a member of
the board, a member of a committee, a member of staff or any
5 other person engaged or appointed under section 17 or made
available under section 17(6) or 18.
(2) A person to whom this section applies must not, directly or
indirectly, record, disclose or make use of any information
obtained in the course of duty except --
10 (a) for the purpose of performing functions under this Act
or another written law;
(b) as required under another written law;
(c) with the written consent of the person to whom the
information relates; or
15 (d) in other prescribed circumstances.
Penalty: a fine of $10 000 or imprisonment for 12 months.
(3) For the purposes of subsection (2)(a), it is not a function of a
person to whom this section applies to, directly or indirectly,
record, disclose or make use of any client related information or
20 personal information unless it is necessary to do so --
(a) as part of providing a service to the client to whom the
information relates;
(b) for the internal management and control of the
Chemistry Centre; or
25 (c) for the purposes of subsection (5).
(4) Subsection (3) does not limit the functions of a person to whom
this section applies to the extent to which --
(a) the information is already in the public domain;
(b) the information is summary or statistical information
30 that could not reasonably be expected to enable
particulars relating to any person to be ascertained; or
page 23
Chemistry Centre (WA) Bill 2006
Part 6 General provisions
s. 34
(c) recording, disclosing or making use of the information is
authorised by each person or organisation to whom it
relates.
(5) Despite the rest of the provisions of this Act, the board may
5 disclose information to the Minister if the board considers that,
because of the exceptional nature of the case, it is in the public
interest to do so.
34. Confidentiality -- contractors
(1) This section applies in respect of a contract with the Chemistry
10 Centre for the provision of services to the Chemistry Centre and
applies to --
(a) a person with whom the Chemistry Centre has the
contract;
(b) a director or employee of a person referred to in
15 paragraph (a); and
(c) any other person who performs functions under or in
fulfilment of the contract.
(2) A person to whom this section applies must not, directly or
indirectly, record, disclose or make use of any information
20 obtained in the course of performing functions under or in
fulfilment of the contract except --
(a) for the purpose of performing functions under or in
fulfilment of the contract;
(b) as required under another written law;
25 (c) with the written consent of the person to whom the
information relates; or
(d) in other prescribed circumstances.
Penalty: a fine of $10 000 or imprisonment for 12 months.
(3) In this section --
30 "director" has the meaning given to that term in the
Commonwealth Corporations Act 2001 section 9.
page 24
Chemistry Centre (WA) Bill 2006
General provisions Part 6
s. 35
35. Confidentiality -- reports and other documents
(1) A report that must be prepared under the Financial Management
Act 2006 Part 5 (and any accompanying document) and any
other report or document of the Chemistry Centre that is to be,
5 or might be, made public, must not include client related
information or personal information unless each person or
organisation to whom the information relates has given consent
to including the information.
(2) The Chemistry Centre may request the Minister to delete
10 from --
(a) a copy of a report under the Financial Management
Act 2006 Part 5 (and any accompanying document) that
is to be laid before a House of Parliament or made
public; or
15 (b) any other document of the Chemistry Centre that is to
be, or might be, made public,
information that is of a commercially sensitive nature (but
which is not client related information or personal information),
and the Minister may, despite the Financial Management
20 Act 2006 section 64 or an obligation, however arising, to make
the document public, comply with the request except where the
document is to be laid before either House of Parliament by its
own order.
(3) Subsections (1) and (2) do not apply to the extent to which --
25 (a) the information is already in the public domain;
(b) the information is summary or statistical information
that could not reasonably be expected to enable
particulars relating to any person to be ascertained; or
(c) the disclosure of the information is authorised by each
30 person or organisation to whom it relates.
(4) Subsection (2) does not apply to the extent to which disclosure
of the information to the Minister is required by another written
law.
page 25
Chemistry Centre (WA) Bill 2006
Part 6 General provisions
s. 36
(5) A copy of a document from which any matter has been deleted
must --
(a) contain a statement, at the place in the document where
the matter was deleted, detailing the reasons for the
5 deletion; and
(b) if the deletion occurred under subsection (2) -- be
accompanied by an opinion from the Auditor General
stating that the information deleted is commercially
sensitive.
10 36. Laying documents before Parliament
(1) If a provision of this Act requires the Minister to cause a
document to be laid before each House of Parliament, or be
dealt with under this section, within a period and --
(a) at the commencement of the period, a House of
15 Parliament is not sitting; and
(b) the Minister is of the opinion that the House will not sit
during that period,
the Minister must transmit a copy of the document to the Clerk
of that House.
20 (2) A copy of a document transmitted to the Clerk of a House is to
be regarded as having been laid before that House.
(3) The laying of a copy of a document that is regarded as having
occurred under subsection (2) is to be recorded in the Minutes,
or Votes and Proceedings, of the House on the first sitting day
25 of the House after the Clerk received the copy.
37. Execution of documents by Chemistry Centre
(1) The Chemistry Centre is to have a common seal.
(2) A document is duly executed by the Chemistry Centre if --
(a) the common seal of the Chemistry Centre is affixed to it
30 in accordance with subsections (3) and (4); or
page 26
Chemistry Centre (WA) Bill 2006
General provisions Part 6
s. 38
(b) it is signed on behalf of the Chemistry Centre by a
person or persons authorised to do so under
subsection (5).
(3) The common seal of the Chemistry Centre is not to be affixed to
5 any document except as authorised by the board.
(4) The common seal of the Chemistry Centre is to be affixed to a
document in the presence of 2 members of the board, who are to
sign the document to attest that the common seal was so affixed.
(5) The Chemistry Centre may, by writing under its common seal,
10 authorise a member or members of the board or a member or
members of staff to sign documents on behalf of the Chemistry
Centre, either generally or subject to the conditions or
restrictions specified in the authorisation.
(6) A document purporting to be executed in accordance with this
15 section is to be presumed to be duly executed unless the
contrary is shown.
(7) When a document is produced bearing a seal purporting to be
the common seal of the Chemistry Centre, it is to be presumed
that the seal is the common seal of the Chemistry Centre unless
20 the contrary is shown.
38. Contract formalities
(1) In so far as the formalities of making, varying or discharging a
contract are concerned, a person acting as authorised by the
Chemistry Centre may make, vary or discharge a contract in the
25 name of or on behalf of the Chemistry Centre in the same
manner as if that contract were made, varied or discharged by a
natural person.
(2) The making, variation, or discharge of a contract in accordance
with subsection (1) is effectual in law and binds the Chemistry
30 Centre and other parties to the contract.
page 27
Chemistry Centre (WA) Bill 2006
Part 6 General provisions
s. 39
(3) Subsection (1) does not prevent the Chemistry Centre from
making, varying or discharging a contract under its common
seal.
39. Protection from liability
5 (1) An action in tort does not lie against a person other than the
Chemistry Centre for anything that the person has done, in good
faith, in the performance or purported performance of a function
under this or any other Act.
(2) The protection given by subsection (1) applies even though the
10 thing done as described in that subsection may have been
capable of being done whether or not this Act had been enacted.
(3) Despite subsection (1), neither the Chemistry Centre nor the
Crown is relieved of any liability that it might have for another
person having done anything as described in that subsection.
15 (4) In this section, a reference to the doing of anything includes a
reference to an omission to do anything.
40. Regulations
The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
20 necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
41. Review of Act
(1) The Minister is to carry out a review of the operation and
effectiveness of this Act as soon as is practicable after --
25 (a) the fifth anniversary of its commencement; and
(b) the expiry of each 5 yearly interval after that
anniversary.
(2) The Minister is to prepare a report based on the review and, as
soon as is practicable after the report is prepared (and in any
page 28
Chemistry Centre (WA) Bill 2006
General provisions Part 6
s. 42
event not more than 12 months after the relevant anniversary),
cause it to be laid before each House of Parliament.
42. Transitional and savings provisions
Schedule 2 has effect.
5 43. Amendments to other Acts
Schedule 3 has effect.
page 29
Chemistry Centre (WA) Bill 2006
Schedule 1 Constitution and proceedings of the board
Division 1 General provisions
cl. 1
Schedule 1 -- Constitution and proceedings of the board
[s. 7]
Division 1 -- General provisions
1. Term of office
5 A member of the board 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.
2. Resignation, removal, etc.
(1) The office of a member of the board becomes vacant if he or she --
10 (a) resigns the office by written notice addressed to the Minister;
(b) is an insolvent under administration as defined in the
Corporations Act 2001 of the Commonwealth; or
(c) is removed from office by the Minister under subclause (2).
(2) The Minister may remove a member of the board from office if the
15 Minister is satisfied that the member --
(a) has neglected his or her duty;
(b) has misbehaved;
(c) is incompetent;
(d) is suffering from mental or physical incapacity impairing the
20 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 has
had notice.
3. Leave of absence
25 The board may grant leave of absence to a member on such terms and
conditions as it thinks fit.
4. Chairperson unable to act
If the chairperson is unable to act by reason of sickness, absence or
other cause, or during any vacancy in that office, the deputy
30 chairperson is to perform the functions of the chairperson.
page 30
Chemistry Centre (WA) Bill 2006
Constitution and proceedings of the board Schedule 1
General provisions Division 1
cl. 5
5. Board member unable to act
(1) If a member of the board, 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,
5 while acting in accordance with the appointment, that other person is
to be taken to be a member of the board.
(2) If the member of the board 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
10 member.
(3) The appointment of a person under subclause (1) may be terminated
at any time by the Minister.
6. Saving
No act or omission of a person acting in place of another under
15 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.
7. Calling of meetings
(1) Subject to subclause (2), meetings are to be held at the times and
places that the board determines.
20 (2) A special meeting of the board may at any time be convened by the
chairperson.
(3) The first meeting of the board is to be convened by the chairperson.
8. Presiding officer
(1) The chairperson is to preside at all meetings of the board at which he
25 or she is present.
(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.
9. Quorum
30 A quorum for a meeting of the board is at least one half of the number
of members.
page 31
Chemistry Centre (WA) Bill 2006
Schedule 1 Constitution and proceedings of the board
Division 1 General provisions
cl. 10
10. Voting
(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 person
5 presiding has a casting vote on the question.
11. Minutes
The board is to cause accurate minutes to be kept of the proceedings
at its meetings.
12. Resolution without meeting
10 (1) A resolution of the board in writing signed by each member of the
board, or assented to by each member by letter, telegram, telex,
facsimile transmission, email or other similar means, has the same
effect as if it had been passed at a meeting.
(2) The board must cause a record to be kept of each resolution under
15 subclause (1).
13. Holding meetings remotely
The presence of a member at a meeting of the board need not be by
attendance in person but may be by that member and each other
member at the meeting being simultaneously in contact by telephone
20 or other means of instantaneous communication.
14. Committees
(1) The board may appoint committees to assist it in the 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.
25 (3) Subject to the directions of the board and to the terms of any
delegation under section 14, a committee may determine its own
procedures.
15. Board to determine own procedures
Subject to this Act, the board is to determine its own procedures.
page 32
Chemistry Centre (WA) Bill 2006
Constitution and proceedings of the board Schedule 1
Disclosure of interests etc. Division 2
cl. 16
Division 2 -- Disclosure of interests etc.
16. Disclosure of interests
(1) A member of the board who has a material personal interest in a
matter being considered or about to be considered by the board must,
5 as soon 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: a fine of $10 000.
(2) A disclosure under subclause (1) is to be recorded in the minutes of
10 the meeting.
17. Voting by interested members
A member of the board 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 --
15 (i) on the matter; or
(ii) on a proposed resolution under clause 18 in respect of
the matter, whether relating to that member or a
different member;
and
20 (b) must not be present while --
(i) the matter; or
(ii) a proposed resolution of the kind referred to in
paragraph (a)(ii),
is being considered at a meeting.
25 18. Clause 17 may be declared inapplicable
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
30 that the interest should not disqualify the member from
considering or voting on the matter.
page 33
Chemistry Centre (WA) Bill 2006
Schedule 1 Constitution and proceedings of the board
Division 2 Disclosure of interests etc.
cl. 19
19. Quorum where clause 17 applies
(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).
20. Minister may declare clauses 17 and 19 inapplicable
10 (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 cause a copy of the declaration under subclause (1)
to be laid before each House of Parliament, or be dealt with under
15 section 36, within 14 days after a declaration is made.
page 34
Chemistry Centre (WA) Bill 2006
Transitional provisions Schedule 2
Interpretation Division 1
cl. 1
Schedule 2 -- Transitional provisions
[s. 42]
Division 1 -- Interpretation
1. Terms used in this Schedule
5 In this Schedule --
"assets" means property of any kind whether tangible or intangible,
real or personal and, without limiting that meaning, includes --
(a) any chose in action;
(b) goodwill;
10 (c) any right, interest or claim of any kind,
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;
"Department" means the department of the Public Service known as
15 the Department of Industry and Resources;
"liability" means any liability, duty or obligation --
(a) whether actual, contingent or prospective, liquidated or
unliquidated; or
(b) whether owed alone or jointly or jointly and severally with
20 any other person;
"Minister" means the Minister to whom the administration of this
Act is committed;
"right" means any right, power, privilege or immunity whether
actual, contingent or prospective;
25 "transfer order" means an order under clause 2;
"transfer time" means the time at which section 4 comes into
operation.
Division 2 -- Transfer of assets, liabilities, proceedings etc.
2. Minister may make transfer orders
30 (1) To facilitate the transition from the provision of services by that part
of the Department known as the Chemistry Centre to services being
page 35
Chemistry Centre (WA) Bill 2006
Schedule 2 Transitional provisions
Division 2 Transfer of assets, liabilities, proceedings etc.
cl. 2
provided by the body established by this Act, the Minister may make
and publish in the Gazette a transfer order that --
(a) specifies which assets and liabilities of the State are to be
assigned to the Chemistry Centre by operation of clause 3;
5 and
(b) specifies any agreement or instrument that, by operation of
clause 3, is to have effect as if references to the Chemistry
Centre (WA) were substituted, in accordance with the order,
for references in it to the State or the Department (however
10 expressed).
(2) An asset or liability of the State may be specified in a transfer order if
the Minister considers that the asset or liability --
(a) relates to the operations of that part of the Department known
as the Chemistry Centre; or
15 (b) is necessary for the performance of the functions of the body
established by this Act.
(3) A transfer order may also deal with incidental or supplementary
matters and has effect accordingly.
(4) The transfer order may specify things by reference to schedules
20 which --
(a) need not be published in the Gazette; but
(b) must be available for public inspection,
and anything specified in a schedule is to be taken to be specified in
the order.
25 (5) A thing may be specified in a transfer order by describing the class to
which it belongs.
(6) Before a transfer order is made specifying anything by reference to a
schedule, a copy of which will be required to be delivered to an
official under clause 5, the Minister is to consult with the, or each,
30 official as to the form and content of the schedule.
(7) A transfer order can only be made before the transfer time.
(8) The fact that a previous transfer order has been made does not prevent
a further transfer order from being made.
page 36
Chemistry Centre (WA) Bill 2006
Transitional provisions Schedule 2
Transfer of assets, liabilities, proceedings etc. Division 2
cl. 3
(9) A transfer order, or a schedule to which it refers, may be amended by
the Minister, by further order published in the Gazette, but no such
amendment may be made after the transfer time.
3. Consequences of transfer order
5 If a transfer order is made, then --
(a) at the transfer time the assets specified in the transfer order
are, by operation of this clause, assigned to the Chemistry
Centre and if an asset was previously held on behalf of the
State it is assigned to the Chemistry Centre to hold in its own
10 right;
(b) at the transfer time the liabilities specified in the transfer
order are, by operation of this clause, assigned to and become
the liabilities of the Chemistry Centre;
(c) any agreement or instrument specified in the order has effect,
15 by operation of this clause, as if references to the Chemistry
Centre (WA) were, at the transfer time, substituted, in
accordance with the order, for references in it to the State or
the Department (however expressed);
(d) any proceedings or remedy that might have been commenced
20 by, or available against or to, the State in relation to the assets
and liabilities assigned by paragraphs (a) and (b) may be
commenced by, or are available against or to, the Chemistry
Centre; and
(e) anything done or omitted to be done in relation to the assets
25 and liabilities assigned by paragraphs (a) and (b) before the
assignment by, to or in respect of the State or the Department
(to the extent that that thing has any effect) is to be taken to
have been done or omitted by, to or in respect of the
Chemistry Centre.
30 4. Department to complete necessary transactions
(1) If an asset or liability cannot be properly assigned to the Chemistry
Centre by the operation of this Schedule --
(a) the Department is to be taken to continue to hold that asset or
be liable for that liability until it is effectively assigned to the
35 Chemistry Centre in accordance with this Schedule; and
page 37
Chemistry Centre (WA) Bill 2006
Schedule 2 Transitional provisions
Division 2 Transfer of assets, liabilities, proceedings etc.
cl. 5
(b) the Department is to take all practicable steps for the purpose
of ensuring that the asset or liability is effectively assigned to
the Chemistry Centre in accordance with this Schedule.
(2) The fact that subclause (1)(a) applies to an asset or liability that is
5 assigned to the Chemistry Centre under this Schedule does not affect
the duty of the accountable authority of the Chemistry Centre under
the Financial Management Act 2006.
5. Registration of documents
(1) The Minister is to cause a copy of each transfer order, and any
10 schedule to which it refers, to be delivered to each official having
responsibility for a register relating to property of a kind affected by
the transfer order.
(2) The officials are to take notice of this Schedule and any transfer order,
including a schedule to which the order refers, and are to record and
15 register in the appropriate manner the documents necessary to show
the effect of the transfer order and this Schedule.
(3) In this clause --
"official" means --
(c) the Registrar of Titles;
20 (d) the Minister administering the Mining Act 1978; or
(e) any other person authorised by a written law to record and
give effect to the registration of documents relating to
property transactions.
6. Exemption from State taxes
25 (1) State tax is not payable in relation to --
(a) anything that occurs by the operation of this Schedule; or
(b) anything done (including a transaction entered into or an
instrument or document of any kind made, executed, lodged
or given) under this Schedule, or to give effect to this
30 Schedule, or for a purpose connected with or arising out of
giving effect to this Schedule.
page 38
Chemistry Centre (WA) Bill 2006
Transitional provisions Schedule 2
Transfer of assets, liabilities, proceedings etc. Division 2
cl. 7
(2) The Minister may certify in writing that --
(a) a specified thing occurred by the operation of this Schedule;
or
(b) a specified thing was done under this Schedule, or to give
5 effect to this Schedule, or for a purpose connected with or
arising out of giving effect to this Schedule.
(3) For all purposes and in all proceedings, a certificate under
subclause (2) is sufficient evidence of the matters it certifies, except
so far as the contrary is shown.
10 (4) In this clause --
"State tax" includes stamp duty chargeable under the Stamp Act 1921
and any other tax under a written law.
7. Rectifying error in transfer order
(1) The Minister may, by order published in the Gazette, make any
15 provision that is necessary to correct any error in a transfer order or a
schedule to which a transfer order refers.
(2) An order under this section may be made so as to have effect from the
transfer time.
(3) To the extent that a provision of an order under this clause has effect
20 before the day of its publication in the Gazette, clause 3 does not, as a
result of that provision, operate so as --
(a) to affect, in a manner prejudicial to any person (other than the
State, the Chemistry Centre or any other authority, agency or
instrumentality of the State), the rights of that person existing
25 before the day of its publication; or
(b) to impose liabilities on any person (other than the State, the
Chemistry Centre or any other authority, agency or
instrumentality of the State), in respect of anything done or
omitted to be done before the day of publication.
page 39
Chemistry Centre (WA) Bill 2006
Schedule 2 Transitional provisions
Division 3 Continuing effect of things done
cl. 8
Division 3 -- Continuing effect of things done
8. Terms used in this Division
(1) In this Division --
"new Chemistry Centre" means the body established by this Act.
5 (2) In this Division, a reference to a thing done or omitted to be done by,
to or in respect of the old Chemistry Centre is to be read as a
reference to the thing being done or omitted to be done by, to or in
respect of the State, before the transfer time, via or by reference to
that part of the Department known as the Chemistry Centre.
10 9. Completion of things commenced
Anything commenced to be done by the old Chemistry Centre before
the transfer time may be continued by the new Chemistry Centre so
far as the doing of that thing is within the functions of the new
Chemistry Centre.
15 10. Continuing effect of references and things done generally
(1) Unless the contrary intention appears or the context otherwise
requires, a reference to the Chemistry Centre (however expressed) in
any agreement or instrument made before the transfer time is to be
taken, after the transfer time, to be a reference to the new Chemistry
20 Centre.
(2) Any act, matter or thing done or omitted to be done before the transfer
time by, to or in respect of the old Chemistry Centre, to the extent that
that act, matter or thing --
(a) has any force or significance after the transfer time; and
25 (b) is not governed by another provision of this Schedule,
is to be taken, after the transfer time, to have been done or omitted by,
to or in respect of the new Chemistry Centre.
page 40
Chemistry Centre (WA) Bill 2006
Transitional provisions Schedule 2
Miscellaneous transitional provisions Division 4
cl. 11
Division 4 -- Miscellaneous transitional provisions
11. Relevant amount for the purposes of section 12
For the period before the Chemistry Centre submits its first annual
report under the Financial Management Act 2006 Part 5,
5 section 12(3)(b)(i) of this Act is to be taken to refer to the amount of
$200 000.
12. Further transitional provision may be made
(1) If there is not sufficient provision in this Schedule for any matter or
thing necessary or convenient to give effect to the transition from the
10 provision of services by that part of the Department known as the
Chemistry Centre to services being provided by the new Chemistry
Centre, the regulations may make that provision.
(2) The regulations may be made so as to have effect from the transfer
time.
15 (3) To the extent that a provision of the regulations has effect on a day
that is earlier than the day of its publication in the Gazette, the
provision does not operate so as --
(a) to affect, in a manner prejudicial to any person (other than the
State, the Chemistry Centre or any other authority, agency or
20 instrumentality of the State), the rights of that person existing
before the day of its publication; or
(b) to impose liabilities on any person (other than the State, the
Chemistry Centre or any other authority, agency or
instrumentality of the State), in respect of anything done or
25 omitted to be done before the day of publication.
13. Saving
The operation of any provision of this Schedule is not to be
regarded --
(a) as a breach of contract or confidence or otherwise as a civil
30 wrong;
(b) as a breach of any contractual provision prohibiting,
restricting or regulating the assignment or transfer of assets or
liabilities or the disclosure of information;
page 41
Chemistry Centre (WA) Bill 2006
Schedule 2 Transitional provisions
Division 4 Miscellaneous transitional provisions
cl. 13
(c) as giving rise to any remedy by a party to an instrument or as
causing or permitting the termination of any instrument,
because of a change in the beneficial or legal ownership of
any asset or liability;
5 (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 42
Chemistry Centre (WA) Bill 2006
Amendment of other written laws Schedule 3
cl. 1
Schedule 3 -- Amendment of other written laws
[s. 43]
1. Constitution Acts Amendment Act 1899 amended
(1) The amendment in this clause is to the Constitution Acts Amendment
5 Act 1899*.
[* Reprint 13 as at 18 March 2005.
For subsequent amendments see Acts Nos. 20, 34, 53, 59, 70 and
75 of 2004 and 1, 2 and 24 of 2005.]
(2) Schedule V Part 3 is amended by inserting before the item relating to
10 the Chicken Meat Industry Committee the following item --
"
The Chemistry Centre (WA) established by the Chemistry
Centre (WA) Act 2006.
".
15 2. Financial Management Act 2006 amended
(1) The amendment in this clause is to the Financial Management
Act 2006*.
[* Act No. 76 of 2006.
For subsequent amendments see Act No. 77 of 2006.]
20 (2) Schedule 1 is amended by inserting the following item in the
appropriate alphabetical position --
" Chemistry Centre (WA) ".
3. Public Sector Management Act 1994 amended
(1) The amendment in this clause is to the Public Sector Management
25 Act 1994*.
[* Reprint 6 as at 14 May 2004.
For subsequent amendments see Western Australian Legislation
Information Tables for 2004, Table 1, p. 368 and Act No. 5 of
2005.]
page 43
Chemistry Centre (WA) Bill 2006
Schedule 3 Amendment of other written laws
cl. 4
(2) Schedule 2 is amended by inserting after item 3D the following
item --
"
3E Chemistry Centre (WA), established by the Chemistry
Centre (WA) Act 2006
".
5 4. Statutory Corporations (Liability of Directors) Act 1996 amended
(1) The amendment in this clause is to the Statutory Corporations
(Liability of Directors) Act 1996*.
[* Reprint 3 as at 7 November 2003.
For subsequent amendments see Western Australian Legislation
10 Information Tables for 2004, Table 1, p. 431 and Act No. 20 of
2004.]
(2) Schedule 1 is amended by inserting after the item relating to the
Busselton Water Board the following item --
"
Chemistry Centre a member of the Chemistry Centre
(WA) Board (WA) Act 2006
15 ".
5. Various references to Director of the Chemistry Centre changed
to chief executive officer of the Chemistry Centre
Each provision listed in the Table to this clause is amended by
deleting "Director" in each place where it occurs and inserting
20 instead --
" chief executive officer ".
Table
Fluoridation of Public Water s. 5(2)(d)
Supplies Act 1966 s. 15(3)
Health Act 1911 s. 246B(2)(b)
Poisons Act 1964 s. 8(2)(aa)
page 44
Chemistry Centre (WA) Bill 2006
Amendment of other written laws Schedule 3
cl. 6
Road Traffic Act 1974 s. 65 definitions of "analyst",
"authorised person" and "drug
analyst"
s. 70(2), (3b) and (3c)
s. 72(3)
6. State Superannuation Regulations 2001 amended
(1) The amendments in this clause are to the State Superannuation
Regulations 2001*.
[* Reprint 2 as at 2 September 2005.]
5 (2) Schedule 1 Division 1 is amended by deleting item 7.
(3) Schedule 1 Division 2 is amended by inserting after item 6 the
following item --
"
6a. Chemistry Centre (WA) established by the Chemistry Centre
10 (WA) Act 2006
".
page 45
Chemistry Centre (WA) Bill 2006
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
account ....................................................................................................... 3(1)
acquire .......................................................................................................11(5)
assets ...............................................................................................Sch. 2, cl. 1
board........................................................................................................... 3(1)
business concern.........................................................................................11(5)
chairperson.................................................................................................. 3(1)
Chemistry Centre ........................................................................................ 3(1)
chief executive officer ................................................................................. 3(1)
client related information............................................................................. 3(1)
committee ................................................................................................... 3(1)
Department ......................................................................................Sch. 2, cl. 1
director ......................................................................................................33(3)
dispose of...................................................................................................11(5)
document ...................................................................................................23(5)
employing authority ...................................................................................18(4)
government agency...................................................................................... 3(1)
information ................................................................................................23(5)
liability ............................................................................................Sch. 2, cl. 1
member of staff ........................................................................................... 3(1)
member of the board.................................................................................... 3(1)
Minister ...........................................................................................Sch. 2, cl. 1
new Chemistry Centre ................................................................. Sch. 2, cl. 8(1)
official ........................................................................................ Sch. 2, cl. 5(3)
participate in ..............................................................................................11(5)
personal information.................................................................................... 3(1)
private client ............................................................................................... 3(1)
Public Service ............................................................................................18(4)
right .................................................................................................Sch. 2, cl. 1
State tax ...................................................................................... Sch. 2, cl. 6(4)
subsidiary.................................................................................................... 3(1)
transaction..................................................................................................12(4)
transfer order....................................................................................Sch. 2, cl. 1
transfer time .....................................................................................Sch. 2, cl. 1
page 46
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