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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Land Information Authority Bill 2006
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used in this Act 2
4. Relationship between this Act and certain other
Acts 3
Part 2 -- Western Australian Land
Information Authority
5. Authority established 4
6. Status 4
7. Authority to be an SES organisation 4
Part 3 -- Functions of Authority
8. Dual objectives of Authority 5
9. Functions 5
10. Guiding principles 6
11. Duty to act in accordance with policy instruments 7
12. Powers generally 7
13. Transactions that require Minister's approval 9
14. Exemptions from section 13 10
15. Meaning of "transaction" in sections 13 and 14 10
16. Pricing principles 10
17. Certain information free of charge in exceptional
cases 12
18. Use of names for Authority and its operations 13
19. Acting beyond limits of State 13
20. Delegation by Authority 14
144--2 page i
Land Information Authority Bill 2006
Contents
Part 4 -- General administration of
Authority
Division 1 -- Board of Management
Subdivision 1 -- General provisions
21. Board is governing body 15
22. How board is constituted 15
23. Remuneration and allowances 15
24. Term of office 16
25. Casual vacancies 16
26. Leave of absence 17
27. Deputy chairman acting as chairman 17
28. Alternate members 17
29. Committees 18
30. Disclosure of material personal interest 18
Subdivision 2 -- Meetings
31. Holding meetings 19
32. Quorum 19
33. Presiding at meetings 19
34. Procedure at meetings 19
35. Voting 20
36. Inviting consultant to participate in meeting 20
37. Holding meetings remotely 20
38. Resolution without meeting 20
39. Minutes to be kept 20
40. Voting by interested board member 21
41. Section 40 may be declared inapplicable 21
42. Quorum where section 40 applies 21
43. Minister may declare sections 40 and 42
inapplicable 21
Division 2 -- Staff and contractors
44. Chief executive officer 22
45. Other staff and contractors 22
46. Use of government staff and facilities 22
Part 5 -- Accountability and
financial provisions
Division 1 -- Accountability
47. Draft strategic development plan to be submitted 24
page ii
Land Information Authority Bill 2006
Contents
48. Transitional provision 24
49. Negotiating strategic development plan 24
50. Minister's powers in relation to draft strategic
development plan 25
51. Agreed strategic development plan 25
52. Strategic development plan if not agreed 25
53. Content of strategic development plan 26
54. Modification of strategic development plan 26
55. Draft statement of corporate intent to be submitted 27
56. Transitional provision 27
57. Negotiating statement of corporate intent 27
58. Minister's powers in relation to draft statement of
corporate intent 28
59. Agreed statement of corporate intent 28
60. Statement of corporate intent if not agreed 29
61. Content of statement of corporate intent 29
62. Modification of statement of corporate intent 29
63. Consultation 30
64. Minister to be kept informed 30
65. Minister may give directions 31
66. When directions take effect 31
67. Minister to have access to information 32
68. Deletion of commercially sensitive matters 33
Division 2 -- Financial provisions
69. Authority's funds 33
70. Western Australian Land Information Authority
Account 34
71. Dividends 34
72. Liability for duties, taxes, and other statutory
imposts 35
73. Investment 36
74. Hedging transactions 36
75. Borrowing 37
76. Guarantees 38
77. Charges for guarantee 38
78. Authority may extend credit 38
79. Notice of financial difficulty 39
80. Half-yearly reports 39
page iii
Land Information Authority Bill 2006
Contents
Division 3 -- Other provisions
81. Application of Financial Administration and Audit
Act 1985 40
82. Protection for disclosure or compliance with
directions 40
Part 6 -- Miscellaneous
Division 1 -- Protection of people dealing with
Authority
83. People dealing with Authority may make
assumptions 41
84. Third parties may make assumptions 41
85. Matters that can be assumed 41
86. When those matters cannot be assumed 42
Division 2 -- Other provisions
87. Execution of documents by Authority 43
88. Contract formalities 44
89. Confidential information officially obtained 44
90. Protection from liability for wrongdoing 45
91. Laying documents before House of Parliament not
sitting 45
92. Regulations 46
93. Review of Act 46
Part 7 -- Transitional matters
Division 1 -- Staff
94. Other staff in the former department 47
Division 2 -- General matters
95. Terms used in this Division 47
96. General transitional provisions might not apply 47
97. Certain references to former bodies 48
98. Certain references to department 48
99. References to things done in former offices 48
100. References to documents of former bodies 48
Division 3 -- Regulations for other matters
101. Transitional regulations 49
page iv
Land Information Authority Bill 2006
Contents
Part 8 -- Other Acts amended
Division 1 -- Transfer of Land Act 1893 and
related provisions
102. The Act amended 50
103. Section 4 amended 50
104. Section 5 replaced 50
5. Commissioner of Titles 50
105. Section 6 amended 51
106. Section 7 replaced 53
7. Registrar of Titles 53
107. Section 7A amended 53
108. Section 8 replaced 54
8. Other designations 54
109. Section 8A inserted 54
8A. Designating statutory officers, generally 54
110. Section 11 amended 55
111. Section 13 amended 55
112. Sections 15 and 15A inserted 56
15. Delegation by Commissioner 56
15A. Delegation by Registrar 57
113. Section 181 amended 57
114. Section 188 amended 58
115. Section 190 replaced 58
190. Money received by Registrar 58
116. Section 239 amended 58
117. Section 239A repealed 59
118. Various references to department amended 59
119. Certain references in other Acts to plans and
diagrams amended 59
120. Administration Act 1903 amended 60
121. Agriculture and Related Resources Protection
Act 1976 amended 60
122. Anglican Church of Australia (Diocese of North
West Australia) Act 1961 amended 61
123. Anglican Church of Australia Diocesan Trustees
and Lands Act 1918 amended 62
124. Anglican Church of Australia Lands Act 1914
amended 62
125. Argentine Ant Act 1968 amended 63
126. Bush Fires Act 1954 amended 63
page v
Land Information Authority Bill 2006
Contents
127. City of Perth (Leederville Park Lands) Act 1950
amended 65
128. Control of Vehicles (Off-road Areas) Act 1978
amended 65
129. Country Areas Water Supply Act 1947 amended 66
130. Country Housing Act 1998 amended 67
131. Country Towns Sewerage Act 1948 amended 68
132. Dog Act 1976 amended 69
133. Evidence Act 1906 amended 69
134. Geraldton Foreshore and Marina Development
Act 1990 amended 70
135. Health Act 1911 amended 70
136. Heritage of Western Australia Act 1990 amended 71
137. Housing Act 1980 amended 72
138. Kalgoorlie and Boulder Racing Clubs Act 1904
amended 72
139. Land Administration Act 1997 amended 73
140. Land Boundaries Act 1841 amended 73
141. Land Drainage Act 1925 amended 73
142. Land Tax Assessment Act 2002 amended 74
143. Licensed Surveyors Act 1909 amended 76
144. Local Government Act 1995 amended 76
145. Metropolitan Water Supply, Sewerage, and
Drainage Act 1909 amended 77
146. Morley Shopping Centre Redevelopment
Agreement Act 1992 amended 78
147. Planning and Development Act 2005 amended 78
148. Plant Diseases Act 1914 amended 81
149. Redemption of Annuities Act 1909 amended 81
150. Registration of Deeds Act 1856 amended 82
151. Rights in Water and Irrigation Act 1914 amended 84
152. Roman Catholic Bishop of Broome Property
Act 1957 amended 85
153. Roman Catholic Bunbury Church Property
Act 1955 amended 85
154. Roman Catholic Church Property Act 1911
amended 86
155. Roman Catholic Geraldton Church Property
Act 1925 amended 86
156. Roman Catholic New Norcia Church Property
Act 1929 amended 86
page vi
Land Information Authority Bill 2006
Contents
157. Sale of Land Act 1970 amended 87
158. Settlement Agents Act 1981 amended 88
159. Standard Survey Marks Act 1924 amended 89
160. Strata Titles Act 1985 amended 89
129B. Delegation by Commissioner of Titles 90
129C. Delegation by Registrar of Titles 91
129D. Money received by Registrar 92
161. Tamala Park Land Transfer Act 2001 amended 92
162. The Salvation Army (Western Australia) Property
Trust Act 1931 amended 92
163. Toodyay Cemeteries Act 1939 amended 93
164. Transfer of Land Amendment Act 2003 amended 94
165. Water Boards Act 1904 amended 94
Division 2 -- Valuation of Land Act 1978 and
related provisions
166. The Act amended 95
167. Section 4 amended 95
168. Section 6 replaced 96
6. Valuer-General 96
169. Section 9 amended 97
170. Section 13 amended 97
171. Section 14 amended 97
172. Section 16 amended 98
173. Section 16A amended 98
174. Section 16B inserted 99
16B. Yearly report by Valuer-General 99
175. Section 25 amended 100
176. Section 28 replaced 100
28. Custody, inspection and availability of
valuation rolls 100
177. Section 29 amended 101
178. Section 38 inserted 101
38. Charges for making valuations under
Part III 101
179. Section 39 amended 102
180. Section 39A replaced 102
39A. Authority may provide goods and services 102
181. Section 40 replaced 103
40. Money received by Valuer-General 103
182. Section 48 amended 103
183. Interpretation Act 1984 amended 103
184. Taxation Administration Act 2003 amended 104
page vii
Land Information Authority Bill 2006
Contents
Division 3 -- Acts requiring minor changes
185. Constitution Acts Amendment Act 1899 Schedule V
amended 104
186. Financial Administration and Audit Act 1985
Schedule 1 amended 104
187. Public Sector Management Act 1994 Schedule 2
amended 105
188. Statutory Corporations (Liability of Directors)
Act 1996 Schedule 1 amended 105
Defined Terms
page viii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Land Information Authority Bill 2006
A Bill for
An Act to establish a State agency to administer certain land
information and provide and promote the use of land information
and related goods and services; and to provide for related matters,
including the amendment of certain Acts.
The Parliament of Western Australia enacts as follows:
page 1
Land Information Authority Bill 2006
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Land Information Authority Act 2006.
2. Commencement
5 (1) This Act, other than this Part, comes into operation on a day
fixed by proclamation.
(2) This Part comes into operation on the day after the day on
which this Act receives the Royal Assent.
3. Terms used in this Act
10 In this Act, unless the contrary intention appears --
"appointed member" means a member of the Authority's
board of management appointed under section 22(1)(b);
"Authority" means the Western Australian Land Information
Authority established by section 5;
15 "chief executive officer" means the chief executive officer,
under the Public Sector Management Act 1994, of the
Authority;
"goods and services" provided by the Authority includes
anything provided by the Authority;
20 "land information" includes information about, or related to,
any point, line, surface, or space the location of which is
fixed by reference to the earth, whether or not it is wholly
on, under, or above the surface of the land or the sea;
"member of the Authority's staff " means the chief executive
25 officer, any other person employed by the Authority or its
employing authority as defined in the Public Sector
Management Act 1994 section 5, or a person whose
services the Authority uses under section 46;
"Treasurer" means the Treasurer of the State.
page 2
Land Information Authority Bill 2006
Preliminary Part 1
s. 4
4. Relationship between this Act and certain other Acts
If anything in this Act is inconsistent with a provision of another
Act relating to a function that the other Act confers on --
(a) the person who is the Commissioner of Titles under the
5 Transfer of Land Act 1893 or the Registrar of Titles
under that Act; or
(b) the person who is the Valuer-General under the
Valuation of Land Act 1978,
the provision of the other Act prevails.
page 3
Land Information Authority Bill 2006
Part 2 Western Australian Land Information Authority
s. 5
Part 2 -- Western Australian Land
Information Authority
5. Authority established
(1) A body called the Western Australian Land Information
5 Authority is established.
(2) The Authority is a body corporate with perpetual succession.
(3) Proceedings may be taken by or against the Authority in its
corporate name.
6. Status
10 The Authority is an agent of the State and, except as stated in
section 72, has the status, immunities, and privileges of the
State.
7. Authority to be an SES organisation
The Authority is to be an SES organisation under the Public
15 Sector Management Act 1994.
page 4
Land Information Authority Bill 2006
Functions of Authority Part 3
s. 8
Part 3 -- Functions of Authority
8. Dual objectives of Authority
It is intended that the Authority --
(a) act as a body through which the State performs certain
5 functions related to land information on a basis that does
not involve making a profit; and
(b) in addition to acting as described in paragraph (a),
generate for the State a fair commercial return from
providing goods and services on a basis that may
10 involve making a profit.
9. Functions
(1) The Authority's main responsibilities include to provide,
administer, and provide access to information in, land
information systems as the laws of the State require.
15 (2) The land information systems provided under subsection (1)
may include other information as well as the information that
the laws of the State require them to contain and will include
notifications of interests of a type determined by the Minister in
accordance with subsection (3) and prescribed by regulation.
20 (3) The Minister will determine the types of interests in or
notifications in respect of land that are issued or made by any
public or private body, which must be notified to the Authority
and be made publicly accessible on a basis which does not
involve making a profit.
25 (4) The Authority may also provide, administer, and provide access
to information in, land information systems other than those that
are required by the laws of the State.
(5) The information that is in a land information system provided
under subsection (1) or (4) may include information obtained
30 from another person.
page 5
Land Information Authority Bill 2006
Part 3 Functions of Authority
s. 10
(6) The Authority's main responsibilities under this Act also
include to provide staff, systems, and other resources and
support, and to provide services and facilities, for the
performance of functions that any other Act gives to a member
5 of the Authority's staff.
(7) The Authority may also --
(a) under arrangements that may be agreed between the
Authority and any other person keeping land
information, whether in the public sector or the private
10 sector and whether to comply with a statutory
requirement or otherwise, provide goods and services to
that person; and
(b) provide goods and services related to any of its other
functions under this or any other Act or that it is able to
15 provide because of expertise related to any of those
functions.
(8) The Authority's other responsibilities under this Act are to, at
the request of the Minister or as the Authority considers
appropriate --
20 (a) develop policy and advise the Minister or any public
body on matters related to the Authority's land
information functions; and
(b) represent the State as a participant in the proceedings
and activities of any body, whether local, national, or
25 international, that has land information functions.
10. Guiding principles
(1) In performing its functions under this Act, the Authority has
to --
(a) act in a cost effective manner; and
30 (b) act on prudent commercial principles.
page 6
Land Information Authority Bill 2006
Functions of Authority Part 3
s. 11
(2) The Authority has to perform its functions under this Act in a
way that supports the sustainable economic, social, and
environmental management and development of the State.
(3) In performing its functions under this Act, the Authority has to
5 have regard to --
(a) the maintenance of the integrity of the registers and
other records that it or a member of its staff is required
by law to keep about interests in land and the valuation
of land; and
10 (b) the importance of satisfying the land information needs
of the State government; and
(c) the requirements of participants in the land information
industry within the State.
11. Duty to act in accordance with policy instruments
15 The Authority is to perform its functions in accordance with its
strategic development plan and its statement of corporate intent
as existing from time to time under Part 5 Division 1.
12. Powers generally
(1) The Authority has all the powers it needs to perform its
20 functions under this Act or any other Act.
(2) The Authority may, for the purpose of performing any of its
functions under this Act or any other Act --
(a) acquire, develop, dispose of, and otherwise deal with,
property;
25 (b) enter into any contract or arrangement, including a
contract or arrangement with any person for the
performance of the function by that person on behalf of
the Authority;
(c) act as an agent or provide consultancy, professional, or
30 technical services or other assistance under a contract
for services or other arrangement;
page 7
Land Information Authority Bill 2006
Part 3 Functions of Authority
s. 12
(d) participate, with the Minister's approval, in any business
concern and, with the Treasurer's approval, acquire,
hold, and dispose of, shares, units, or other interests in,
or relating to, a business concern;
5 (e) carry out any investigation, survey, exploration,
feasibility study, evaluation, or review;
(f) collaborate in, carry out, or procure the carrying out of,
research and publish information that results from the
research;
10 (g) produce and deal in any equipment, facilities, or system
associated with the performance of the function;
(h) use information that it derives from the performance of
any function that this or any other Act gives the
Authority or a member of its staff;
15 (i) develop and turn to account any technology, software, or
intellectual property that relates to the function and, for
that purpose, apply for, hold, exploit, and dispose of any
patent, patent rights, copyright, or similar rights;
(j) promote the Authority and promote and market its goods
20 and services.
(3) Subsection (2) does not limit subsection (1) or any of the
Authority's other powers.
(4) The Authority may --
(a) make any gift for a charitable purpose or any other
25 purpose of benefit to the community or a section of the
community;
(b) make any ex gratia payment that it considers to be in the
Authority's interest;
(c) accept any gift or other payment if it is absolute, or
30 subject to conditions that the Authority would be able to
satisfy.
page 8
Land Information Authority Bill 2006
Functions of Authority Part 3
s. 13
(5) In this section --
"acquire" includes to take --
(a) by way of a lease, licence, easement, or bailment; or
(b) in any other manner in which an interest in property
5 may be acquired;
"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
10 (b) in any other manner in which an interest in property
may be disposed of;
"participate in" includes to form, promote, establish, enter
into, manage, dissolve, wind up, and do things incidental to
participating in, a business concern.
15 13. Transactions that require Minister's approval
(1) Despite sections 9 and 12, the Authority must have the
Minister's approval before it enters into a transaction to which
this section applies.
(2) This section applies to a transaction if --
20 (a) it is to be entered into by the Authority; and
(b) it is not exempt under section 14; and
(c) the Authority's liability exceeds the relevant amount.
(3) In subsection (2)(c) --
"Authority's liability" means the amount or value of the
25 consideration or the amount to be paid or received by the
Authority, ascertained as at the time when the transaction is
entered into;
"relevant amount" means 5 million dollars or, if regulations
made under section 92 on the Treasurer's recommendation
30 prescribe a greater amount for the purposes of this
definition, the amount prescribed.
page 9
Land Information Authority Bill 2006
Part 3 Functions of Authority
s. 14
14. Exemptions from section 13
(1) The Minister, with the Treasurer's concurrence, may by order
exempt a transaction or class of transaction from the operation
of section 13 either unconditionally or on specified conditions.
5 (2) An order under subsection (1) may be revoked or amended by
the Minister with the Treasurer's concurrence.
(3) An order under subsection (1) or (2) is to show sufficient
particulars of the transaction or class of transaction to which it
relates to enable the transaction or class to be identified.
10 (4) The Minister must, within 14 days after an order under
subsection (1) or (2) is made, cause the text of it to be laid
before each House of Parliament or dealt with under section 91.
15. Meaning of "transaction" in sections 13 and 14
In sections 13 and 14 --
15 "transaction" --
(a) includes a contract or other arrangement or any
exercise of the power conferred by section 12(2)(d);
and
(b) does not include any transaction under section 73, 74,
20 or 75.
16. Pricing principles
(1) This section fixes principles on the basis of which the Authority
is to charge in certain circumstances for goods or services --
(a) that it provides under this Act; or
25 (b) that any other written law requires to be charged for in
accordance with this section.
(2) This section does not apply to the charging of an amount that is
fixed by a written law.
page 10
Land Information Authority Bill 2006
Functions of Authority Part 3
s. 16
(3) Unless subsection (4) or (6) applies or an arrangement described
in subsection (7) provides otherwise, charges that the Authority
makes for providing goods or services for use for any purpose
that involves any commercial benefit being derived are to be
5 designed to provide to the Authority an overall profit
representing a fair commercial return after covering the
Authority's total costs related to the goods or services.
(4) A charge that the Authority makes for providing fundamental
land information --
10 (a) to the State or a local government; or
(b) in accordance with an approval under subsection (9),
for use for a purpose that does not involve any commercial
benefit being derived, is to be designed to cover the Authority's
costs of extracting the information and providing it.
15 (5) The cost of extracting and providing fundamental land
information, for the purposes of subsection (4) --
(a) includes --
(i) the cost to the Authority of processing a request
for information, extracting the information,
20 providing it in the format in which it is extracted,
and performing accounting related to the
transaction; and
(ii) a proportion of the cost of accommodation,
equipment, and other overheads required to
25 provide the service;
but
(b) does not include any of the cost of collecting or
maintaining the information.
(6) A charge that the Authority makes for providing any goods or
30 services, other than fundamental land information --
(a) to the State or a local government; or
(b) in accordance with an approval under subsection (9),
page 11
Land Information Authority Bill 2006
Part 3 Functions of Authority
s. 17
for use for a purpose that does not involve any commercial
benefit being derived, is to be designed to cover the Authority's
total costs related to the goods or services.
(7) The Authority may charge a person for providing any goods or
5 services on a basis that is different from the basis described by
the other provisions of this section if the charge is in accordance
with an arrangement agreed between the Authority and that
person.
(8) A charge under an arrangement agreed under subsection (7)
10 may involve the making of a profit by the Authority.
(9) The Authority may approve of any goods or services being
provided at a charge described in subsection (4) or (6), as the
case requires, if it is satisfied that the person to whom they are
provided --
15 (a) has functions of a public nature; and
(b) will not use them other than for the purposes of
education, research, or activities of a community or
regional nature; and
(c) will comply with any conditions on which goods or
20 services are provided at a charge as described.
(10) In this section --
"fundamental land information" means any land information
that the regulations prescribe as fundamental land
information for the purposes of subsection (4).
25 17. Certain information free of charge in exceptional cases
(1) The Minister may, under section 65(1), direct the Authority to
provide information of a class identified in the direction free of
charge.
(2) The direction may be expressed to apply only in a case of a
30 class identified in the direction.
page 12
Land Information Authority Bill 2006
Functions of Authority Part 3
s. 18
(3) The Minister may give a direction as described in subsection (1)
even though it would require the Authority to act contrary to the
principles described in section 16, but this section does not
enable the Minister to require information to be provided free of
5 a charge fixed by a written law.
(4) Before giving a direction as described in subsection (1), the
Minister has to consider the impact, if any, that complying with
the direction would have on the Authority's ability to achieve its
objectives and targets outlined in its strategic development plan
10 and its statement of corporate intent, and the Minister may give
the direction even though complying with it may prevent, or
significantly affect, achievement of any of those objectives and
targets.
(5) The Minister cannot give a direction as described in
15 subsection (1) unless --
(a) the Minister is satisfied that there is a public benefit
sufficient to justify giving the direction; and
(b) the direction is given with the Treasurer's concurrence.
18. Use of names for Authority and its operations
20 The Authority may use and operate under one or more trading
names allowed by the Minister, being --
(a) an abbreviation or adaptation of the name given by
section 5(1); or
(b) any other name.
25 19. Acting beyond limits of State
In performing functions under this Act, the Authority is not
confined to acting within the territorial limits of the State or the
Commonwealth.
page 13
Land Information Authority Bill 2006
Part 3 Functions of Authority
s. 20
20. Delegation by Authority
(1) The Authority may delegate to a person a power or duty of the
Authority under another provision of this Act or under any other
Act.
5 (2) The delegation must be in writing executed by the Authority.
(3) If a person is not a member of the Authority's board of
management or a member of the Authority's staff, a power or
duty can only be delegated to the person under this section if the
person has been approved for the purposes of this section by the
10 Minister.
(4) A delegation to a committee any member of which is not a
member of the Authority's board of management or a member
of the Authority's staff can only be made if the delegation has
been approved by the Minister.
15 (5) 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
office or class of office.
(6) The delegation may expressly authorise the delegate to further
20 delegate the power or duty.
(7) A person exercising or performing a power or duty that has been
delegated to the person under, or as authorised under, this
section is to be taken to do so in accordance with the terms of
the delegation unless the contrary is shown.
25 (8) Nothing in this section limits the ability of the Authority to
perform a function through a member of its staff or an agent.
page 14
Land Information Authority Bill 2006
General administration of Authority Part 4
Board of Management Division 1
s. 21
Part 4 -- General administration of Authority
Division 1 -- Board of Management
Subdivision 1 -- General provisions
21. Board is governing body
5 (1) The Authority is to have a board of management.
(2) The board is the governing body of the Authority and, in the
name of the Authority, is to perform the functions of the
Authority under this Act or any other written law.
22. How board is constituted
10 (1) The members of the Authority's board of management are --
(a) the chief executive officer; and
(b) at least 4 but not more than 6 other people appointed as
members by the Minister.
(2) A person who is a member of the Authority's staff is not
15 eligible to be an appointed member.
(3) The Minister is to designate one of the appointed members to be
the chairman and another to be the deputy chairman of the
board.
(4) The Minister is to ensure that the members of the board have,
20 between them, the knowledge and experience needed to enable
the Authority's functions under this Act to be effectively
performed.
(5) The Minister is not to appoint a person as a member of the
board if the person has any other interests or duties that might
25 be expected to conflict with duties as a member of the board.
23. Remuneration and allowances
Members of the Authority's board of management are entitled
to be paid by the Authority any remuneration and allowances
page 15
Land Information Authority Bill 2006
Part 4 General administration of Authority
Division 1 Board of Management
s. 24
that the Minister may from time to time determine on the
recommendation of the Minister for Public Sector Management.
24. Term of office
(1) The term for which the Minister appoints a person to be a
5 member of the Authority's board of management is to be fixed
in the instrument of appointment and is to be not longer than
3 years.
(2) A person's eligibility for reappointment or the term for which a
person may be reappointed is not affected by an earlier
10 appointment.
(3) A person whose term of office expires continues in office, for
not more than 3 months after the term of office expires, until
another appointment to the office comes into effect unless --
(a) under section 25, the person resigns or is removed from
15 office; or
(b) under section 22(2), the person becomes ineligible to be
an appointed member.
25. Casual vacancies
(1) An appointed member may at any time resign from office by
20 notice in writing delivered to the Minister.
(2) The Minister may remove a person who is an appointed member
from office on the grounds of --
(a) mental or physical incapacity to carry out the person's
duties in a satisfactory manner; or
25 (b) the person being an insolvent under administration as
that term is defined in the Commonwealth Corporations
Act 2001; or
(c) absence, without leave, from 3 consecutive meetings of
the board of which the member has had notice; or
30 (d) neglect of duty; or
(e) misconduct.
page 16
Land Information Authority Bill 2006
General administration of Authority Part 4
Board of Management Division 1
s. 26
(3) The office of an appointed member becomes vacant if, before
the term for which the person holding the office was appointed
expires, the person dies, resigns, becomes ineligible under
section 22(2) to be an appointed member, or is removed from
5 office.
26. Leave of absence
The Authority's board of management may, on any terms and
conditions it thinks fit, grant a member leave to be absent from
duty.
10 27. Deputy chairman acting as chairman
(1) If the chairman of the Authority's board of management is
unable to act because of sickness, absence or other cause or if
there is no chairman, the deputy chairman of the board is to act
in the chairman's place.
15 (2) An act or omission of the deputy chairman acting in the
chairman's place cannot be questioned on the ground that the
occasion to act in the chairman's place had not arisen or had
ceased.
28. Alternate members
20 (1) If an appointed member of the Authority's board of
management other than the chairman is unable to act because of
sickness, absence or other cause, the Minister may appoint
another person as an alternate member to act temporarily in the
member's place.
25 (2) If the deputy chairman is acting in place of the chairman at a
meeting, the Minister may appoint another person as an
alternate member to act temporarily as the deputy chairman.
(3) Section 22(4) and (5) apply to the appointment of an alternate
member as if a reference in each of those provisions to a
30 member included a reference to an alternate member.
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Part 4 General administration of Authority
Division 1 Board of Management
s. 29
(4) While acting in accordance with the appointment the alternate
member is to be taken to be, and to have any entitlement of, a
member.
(5) An act or omission of an alternate member cannot be questioned
5 on the ground that the occasion for the appointment or acting
had not arisen or had ceased.
29. Committees
(1) The Authority's board of management may appoint committees
to assist it to perform its functions, and may discharge or alter
10 any committee it has appointed.
(2) A committee may include people who are not members of the
board but has to include at least one member of the board.
(3) A committee may determine its own procedures but they have
to be consistent with any directions of the board and the terms
15 of any delegation under which the committee is acting.
30. Disclosure of material personal interest
(1) A member of the Authority's board of management who has a
material personal interest in a matter being considered or about
to be considered by the board must, as soon as possible after the
20 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 member of a committee appointed by the Authority's board
of management who has a material personal interest in a matter
25 being considered or about to be considered by the committee
must, 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 committee.
Penalty: a fine of $10 000.
30 (3) Subsection (2) applies to a person who is a member of the
committee and also a member of the Authority's board of
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Land Information Authority Bill 2006
General administration of Authority Part 4
Board of Management Division 1
s. 31
management even though the person has already disclosed the
nature of the interest at a meeting of the board.
(4) A disclosure under subsection (1) or (2) is to be recorded in the
minutes of the meeting.
5 Subdivision 2 -- Meetings
31. Holding meetings
(1) The first meeting of the Authority's board of management is to
be convened by the chairman and subsequent meetings, unless
convened under subsection (2), are to be held at times and
10 places determined by the Authority's board of management.
(2) A special meeting of the Authority's board of management may
at any time be convened by the chairman.
32. Quorum
Without otherwise affecting the Interpretation Act 1984
15 section 54(2), less than 3 members do not constitute a quorum
of the Authority's board of management.
33. Presiding at meetings
(1) The chairman, if present, is to preside at a meeting of the
Authority's board of management.
20 (2) If neither the chairman, nor the deputy chairman acting as the
chairman, is presiding under subsection (1) the members present
at the meeting are to appoint one of their number to preside.
34. Procedure at meetings
The Authority's board of management is to determine its own
25 meeting procedures to the extent that they are not fixed by this
Act.
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Land Information Authority Bill 2006
Part 4 General administration of Authority
Division 1 Board of Management
s. 35
35. Voting
(1) At a meeting of the Authority's board of management, each
member present has a deliberative vote unless section 40
prevents the member from voting.
5 (2) A question is resolved according to how a majority of the votes
are cast but if there is not a majority the question is resolved
according to the casting vote of the person presiding.
36. Inviting consultant to participate in meeting
The Authority may arrange for a person who is not a member of
10 the Authority's board of management to participate in a meeting
in a consultative capacity, but that person is not entitled to vote
at the meeting.
37. Holding meetings remotely
The presence of a person at a meeting of the Authority's board
15 of management need not be by attendance in person but may be
by that person and each other person at the meeting being
simultaneously in contact by telephone or other means of
instantaneous communication.
38. Resolution without meeting
20 A resolution in writing signed or otherwise assented to in
writing by at least half of the members of the Authority's board
of management has the same effect as if it had been passed at a
meeting of the board.
39. Minutes to be kept
25 The Authority is to cause accurate minutes to be kept of the
proceedings at meetings of its board of management.
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Land Information Authority Bill 2006
General administration of Authority Part 4
Board of Management Division 1
s. 40
40. Voting by interested board member
(1) A member of the Authority's board of management who has a
material personal interest in a matter that is being considered by
the board --
5 (a) must not vote, whether at a meeting or otherwise, on the
matter; and
(b) must not be present while the matter is being considered
at a meeting.
(2) A reference in subsection (1)(a) or (b) to a matter includes a
10 reference to a proposed resolution under section 41 in respect of
the matter, whether relating to that member or a different
member.
41. Section 40 may be declared inapplicable
Section 40 does not apply if the board has at any time passed a
15 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 from considering or voting on the matter.
20 42. Quorum where section 40 applies
(1) When the board is dealing with a matter in relation to which a
member is disqualified under section 40, 3 members who are
entitled to vote on any motion that may be moved in relation to
the matter constitute a quorum.
25 (2) The Minister may deal with a matter to the extent that the board
cannot deal with it because of subsection (1).
43. Minister may declare sections 40 and 42 inapplicable
(1) The Minister may by writing declare that section 40 or 42 does
not apply in relation to a specified matter, either generally or for
30 the purpose of dealing with particular proposed resolutions.
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Part 4 General administration of Authority
Division 2 Staff and contractors
s. 44
(2) The Minister must, within 14 days after a declaration under
subsection (1) is made, cause the text of the declaration to be
laid before each House of Parliament or dealt with under
section 91.
5 Division 2 -- Staff and contractors
44. Chief executive officer
(1) The chief executive officer cannot be excluded from the Senior
Executive Service under the Public Sector Management
Act 1994 section 43(3).
10 (2) Subject to the control of the Authority's board of management,
the chief executive officer is responsible for, and has the powers
needed to administer, the day to day operations of the Authority.
45. Other staff and contractors
(1) The Authority may employ and manage staff in addition to any
15 staff employed in the Senior Executive Service under the Public
Sector Management Act 1994 Part 3 Division 2.
(2) This section does not detract from the power that the Public
Sector Management Act 1994 section 100 gives the Authority to
engage a person under a contract for services or appoint a
20 person on a casual employment basis.
(3) The Authority 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.
46. Use of government staff and facilities
25 (1) The Authority may by arrangement with the relevant employer
make use, either full-time or part-time, of the services of any
officer or employee --
(a) in the Public Service; or
(b) in a State agency; or
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Land Information Authority Bill 2006
General administration of Authority Part 4
Staff and contractors Division 2
s. 46
(c) otherwise in the service of the State.
(2) The Authority may by arrangement with --
(a) a department of the Public Service; or
(b) a State agency,
5 make use of any facilities of the department or agency.
(3) An arrangement under subsection (1) or (2) is to be made on
terms agreed to by the parties.
page 23
Land Information Authority Bill 2006
Part 5 Accountability and financial provisions
Division 1 Accountability
s. 47
Part 5 -- Accountability and financial provisions
Division 1 -- Accountability
47. Draft strategic development plan to be submitted
(1) In each financial year the Authority's board of management is
5 to prepare, and submit to the Minister for agreement, a draft
strategic development plan for the Authority for the next
financial year (the "relevant financial year").
(2) The Minister may from time to time, with the Treasurer's
concurrence, by notice in writing to the Authority --
10 (a) fix a day in each year by which a draft strategic
development plan is to be submitted under
subsection (1); or
(b) cancel a notice given under paragraph (a).
(3) The draft strategic development plan is to be submitted not later
15 than --
(a) the day fixed under subsection (2); or
(b) if there is for the time being no day fixed under
subsection(2), 6 months before the start of the relevant
financial year.
20 48. Transitional provision
The first strategic development plan for the Authority is to be
for the next full financial year after the commencement of this
section.
49. Negotiating strategic development plan
25 (1) The Authority's board of management and the Minister are to
try to agree on a draft strategic development plan as soon as
possible and in any case not later than one month before the
start of the relevant financial year.
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Accountability and financial provisions Part 5
Accountability Division 1
s. 50
(2) The Minister must have the Treasurer's concurrence before
agreeing on a draft strategic development plan.
50. Minister's powers in relation to draft strategic
development plan
5 (1) The Minister may return a draft strategic development plan to
the Authority and request that its board of management --
(a) consider or further consider any matter and deal with it
in the draft plan; and
(b) revise the draft plan in the light of its consideration or
10 further consideration.
(2) The Authority's board of management is to comply with a
request under subsection (1) as soon as is practicable.
(3) If the Minister has returned a draft strategic development plan to
the Authority making a request under subsection (1) and, later
15 than one month before the start of the relevant financial year,
the Authority's board of management and the Minister have not
agreed on a draft strategic development plan, the Minister may,
under section 65, direct the Authority that its board of
management is to --
20 (a) take specified steps in relation to the draft plan; or
(b) make specified modifications to the draft plan.
51. Agreed strategic development plan
When the Authority's board of management and the Minister
agree on a draft strategic development plan it becomes the
25 Authority's strategic development plan for the relevant financial
year or, if that year has started when agreement is reached, the
remainder of the year.
52. Strategic development plan if not agreed
(1) If the Authority's board of management and the Minister have
30 not agreed on a draft strategic development plan before the start
of the relevant financial year, the latest draft plan is to be the
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Land Information Authority Bill 2006
Part 5 Accountability and financial provisions
Division 1 Accountability
s. 53
strategic development plan for the Authority until a draft
strategic development plan is agreed.
(2) In subsection (1) --
"latest draft plan" means the draft strategic development plan
5 submitted, or last submitted, by the Authority's board of
management to the Minister before the start of the relevant
financial year with any modifications made by the board,
whether before or after that time, at the direction of the
Minister.
10 53. Content of strategic development plan
(1) The strategic development plan for a year is to cover a forecast
period of 5 years commencing at the beginning of the relevant
year or a lesser period that the Minister and the Authority's
board of management agree.
15 (2) The strategic development plan is to set out the Authority's
medium to long term objectives in performing its functions
under this or any other Act and is to include --
(a) matters as required by regulations made under
section 92 with the Treasurer's concurrence; and
20 (b) any other matters that the Minister and the Authority's
board of management agree are to be included.
54. Modification of strategic development plan
(1) A strategic development plan may be modified by the
Authority's board of management with the agreement of the
25 Minister.
(2) The Minister cannot agree to a modification of a strategic
development plan without the Treasurer's concurrence.
(3) The Minister may, under section 65, direct the Authority to
cause its board of management to modify a strategic
30 development plan but only with the Treasurer's concurrence and
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Land Information Authority Bill 2006
Accountability and financial provisions Part 5
Accountability Division 1
s. 55
after the Minister has consulted with the Authority's board of
management and taken its views into account.
55. Draft statement of corporate intent to be submitted
(1) In each financial year the Authority's board of management is
5 to prepare, and submit to the Minister for agreement, a draft
statement of corporate intent for the Authority for the next
financial year (the "relevant financial year").
(2) The Minister may from time to time, with the Treasurer's
concurrence, by notice in writing to the Authority --
10 (a) fix a day in each year by which a draft statement of
corporate intent is to be submitted under subsection (1);
or
(b) cancel a notice given under paragraph (a).
(3) The draft statement of corporate intent is to be submitted not
15 later than --
(a) the day fixed under subsection (2); or
(b) if there is for the time being no day fixed under
subsection (2), 6 months before the start of the relevant
financial year.
20 56. Transitional provision
The first statement of corporate intent for the Authority is to be
for the next full financial year after the commencement of this
section.
57. Negotiating statement of corporate intent
25 (1) The Authority's board of management and the Minister are to
try to agree on a draft statement of corporate intent as soon as
possible and in any case not later than one month before the
start of the relevant financial year.
(2) The Minister must have the Treasurer's concurrence before
30 agreeing to a draft statement of corporate intent.
page 27
Land Information Authority Bill 2006
Part 5 Accountability and financial provisions
Division 1 Accountability
s. 58
58. Minister's powers in relation to draft statement of corporate
intent
(1) The Minister may return a draft statement of corporate intent to
the Authority and request that its board of management --
5 (a) consider or further consider any matter and deal with it
in the draft statement; and
(b) revise the draft statement in the light of its consideration
or further consideration.
(2) The Authority's board of management is to comply with a
10 request under subsection (1) as soon as is practicable.
(3) If the Minister has returned a draft statement of corporate intent
to the Authority making a request under subsection (1) and, later
than one month before the start of the relevant financial year,
the Authority's board of management and the Minister have not
15 agreed on a draft statement of corporate intent, the Minister
may, under section 65, direct the Authority that its board of
management is to --
(a) take specified steps in relation to the draft statement; or
(b) make specified modifications to the draft statement.
20 59. Agreed statement of corporate intent
(1) When the Authority's board of management and the Minister
agree on a draft statement of corporate intent it becomes the
Authority's statement of corporate intent for the relevant
financial year or, if that year has started when agreement is
25 reached, the remainder of the year.
(2) The Minister must, within 14 days after agreeing to a draft
statement of corporate intent under subsection (1), cause the text
of it to be laid before each House of Parliament or dealt with
under section 91.
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Land Information Authority Bill 2006
Accountability and financial provisions Part 5
Accountability Division 1
s. 60
60. Statement of corporate intent if not agreed
(1) If the Authority's board of management and the Minister have
not agreed on a draft statement of corporate intent before the
start of the relevant financial year, the latest draft statement is to
5 be the statement of corporate intent for the Authority until a
draft statement of corporate intent is agreed.
(2) In subsection (1) --
"latest draft statement" means the draft statement of corporate
intent submitted, or last submitted, by the Authority's
10 board of management to the Minister before the start of the
relevant financial year with any modifications made by the
board, whether before or after that time, at the direction of
the Minister.
61. Content of statement of corporate intent
15 (1) The statement of corporate intent is to be consistent with the
strategic development plan under this Division.
(2) The statement of corporate intent is to include --
(a) matters as required by the regulations made under
section 92 with the Treasurer's concurrence; and
20 (b) any other matters that the Minister and the Authority's
board of management agree are to be included.
62. Modification of statement of corporate intent
(1) A statement of corporate intent may be modified by the
Authority's board of management with the agreement of the
25 Minister.
(2) The Minister cannot agree to a modification of a statement of
corporate intent without the Treasurer's concurrence.
(3) The Minister may, under section 65, direct the Authority to
cause its board of management to modify a statement of
30 corporate intent but only with the Treasurer's concurrence and
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Land Information Authority Bill 2006
Part 5 Accountability and financial provisions
Division 1 Accountability
s. 63
after the Minister has consulted with the Authority's board of
management and taken its views into account.
63. Consultation
(1) The Authority's board of management and the Minister, at the
5 request of either, are to consult together, either directly or
through appropriate representatives, in relation to any aspect of
the Authority's operations.
(2) The Authority's board of management must consult the Minister
before the Authority enters upon a course of action that in the
10 board's opinion --
(a) amounts to a major initiative; or
(b) is likely to be of significant public interest,
whether or not the course of action involves a transaction to
which section 13 applies.
15 64. Minister to be kept informed
The Authority must --
(a) keep the Minister reasonably informed of the operations,
financial performance, and financial position of the
Authority, including the assets and liabilities, profits and
20 losses, and prospects of the Authority; and
(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 Authority's opinion may
25 prevent, or significantly affect, achievement of the
Authority's objectives and targets outlined in its
strategic development plan and its statement of
corporate intent, promptly inform the Minister of the
matters and its opinion in relation to them.
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Land Information Authority Bill 2006
Accountability and financial provisions Part 5
Accountability Division 1
s. 66
65. Minister may give directions
(1) The Minister may give written directions to the Authority with
respect to the performance of its functions under this or any
other Act, either generally or in relation to a particular matter,
5 and the Authority is to give effect to any such direction when it
becomes effective under section 66.
(2) The Minister must cause the text of any direction under
subsection (1) to be laid before each House of Parliament or
dealt with under section 91 --
10 (a) within 14 days after the direction is given; or
(b) if the direction is the subject of a notice under the
Statutory Corporations (Liability of Directors) Act 1996
section 17, within 14 days after it is confirmed under
that section.
15 (3) The text of a direction under subsection (1) is to be included in
the annual report submitted by the accountable authority of the
Authority under the Financial Administration and Audit
Act 1985 section 66.
66. When directions take effect
20 (1) Subject to this section, a direction under section 65(1) becomes
effective on the expiry of 7 days after the Authority receives it
or of such longer period as the Minister may, at the request of
the Authority's board of management, determine.
(2) If the Authority's board of management asks the Minister to
25 extend the 7 day period under subsection (1), the Minister must
decide whether or not to agree to the request and notify the
Authority of that decision before the 7 day period has expired.
(3) If a direction is the subject of a notice under the Statutory
Corporations (Liability of Directors) Act 1996 section 17, it
30 does not become effective before it is confirmed under that
section or the expiry of any extension of time notified under
subsection (4).
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Land Information Authority Bill 2006
Part 5 Accountability and financial provisions
Division 1 Accountability
s. 67
(4) Despite the Statutory Corporations (Liability of Directors)
Act 1996 section 17(4), the Minister may, when confirming a
direction under that section, extend the time for the direction to
become effective and notify the Authority of the extension.
5 67. Minister to have access to information
(1) The Minister is entitled --
(a) to have information in the possession of the Authority;
and
(b) if the information is in or on a document, to have, and
10 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
15 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 has to comply with a request under subsection (2)
20 and make staff and facilities available to the Minister for
obtaining information under subsection (2)(c).
(4) In this section --
"document" includes any tape, disk or other device or medium
on which information is recorded or stored mechanically,
25 photographically, electronically or otherwise;
"information" means information specified, or of a description
specified, by the Minister that relates to the functions of the
Authority under this or any other Act.
page 32
Land Information Authority Bill 2006
Accountability and financial provisions Part 5
Financial provisions Division 2
s. 68
68. Deletion of commercially sensitive matters
(1) The Authority may request the Minister to delete from --
(a) a copy of a report under the Financial Administration
and Audit Act 1985 (and any accompanying document)
5 that is to be laid before a House of Parliament or made
public; or
(b) any other document of the Authority that is to be, or
might be, made public,
a matter that is of a commercially sensitive nature, and the
10 Minister may, despite the Financial Administration and Audit
Act 1985 section 69 or an obligation, however arising, to make
the document public, comply with the request.
(2) A copy of a document from which any matter has been deleted
under subsection (1) must --
15 (a) contain a statement, at the place in the document where
the matter was deleted, detailing the reasons for the
deletion; and
(b) be accompanied by an opinion from the Auditor General
stating that the information deleted is commercially
20 sensitive.
Division 2 -- Financial provisions
69. Authority's funds
The funds available for enabling the Authority to perform its
functions under this or any other Act consist of --
25 (a) money borrowed by the Authority under section 75; and
(b) other money that is, under this or any other Act, lawfully
received by, made available to, or payable to, the
Authority, whether directly or through any member of
its staff and, if through a member of its staff, whether or
30 not the money is for the performance of a function that a
written law gives directly to that member.
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Land Information Authority Bill 2006
Part 5 Accountability and financial provisions
Division 2 Financial provisions
s. 70
70. Western Australian Land Information Authority Account
Money received by the Authority is to be credited to, and
money paid by the Authority is to be debited to, an account
called the "Western Australian Land Information Authority
5 Account" held --
(a) as part of the Trust Fund constituted under the Financial
Administration and Audit Act 1985 section 9; or
(b) with the Treasurer's approval, at a bank as defined in the
Financial Administration and Audit Act 1985
10 section 3(1).
71. Dividends
(1) The Authority's board of management, as soon as is practicable
after the end of each financial year, is to make a
recommendation to the Minister as to --
15 (a) whether the Authority should pay to the Consolidated
Fund a final dividend for that year; and
(b) if so, the amount that should be paid.
(2) The Minister, with the Treasurer's concurrence --
(a) may accept a recommendation under subsection (1); or
20 (b) after consultation with the Authority's board of
management, is to direct the Authority to pay a final
dividend of an amount fixed in the direction.
(3) The Authority is to pay the dividend --
(a) as soon as practicable after the Minister fixes an amount
25 under subsection (2); and
(b) in any case not later than --
(i) 6 months after the end of the financial year for
which the final dividend is to be paid; or
(ii) such other time as the Treasurer and the
30 Authority's board of management may agree.
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Land Information Authority Bill 2006
Accountability and financial provisions Part 5
Financial provisions Division 2
s. 72
(4) If the Authority's board of management considers that payment
to the Consolidated Fund of an interim dividend for a financial
year is justified, the board may make a recommendation to the
Minister as to the amount of the interim dividend that should be
5 paid.
(5) The Minister, with the Treasurer's concurrence --
(a) may accept a recommendation under subsection (4); or
(b) after consultation with the Authority's board of
management, is to direct the Authority to pay an interim
10 dividend of an amount fixed in the direction.
(6) The Authority is to pay the dividend --
(a) as soon as practicable after the Minister fixes an amount
under subsection (5); and
(b) in any case not later than the end of the financial year
15 for which the interim dividend is to be paid.
(7) The Minister must, within 14 days after a direction is given
under subsection (2) or (5), cause the text of it to be laid before
each House of Parliament or dealt with under section 91.
72. Liability for duties, taxes, and other statutory imposts
20 (1) Despite any other written law but except as stated in
subsection (2) --
(a) the Authority; and
(b) deeds or other instruments to which it is a party,
are liable to and chargeable with duties, taxes or other imposts
25 under any written law.
(2) Despite subsection (1) but subject to subsection (3), the
Authority 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
30 charge in respect of land held under a lease or tenancy
agreement from the Authority.
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Land Information Authority Bill 2006
Part 5 Accountability and financial provisions
Division 2 Financial provisions
s. 73
(4) The Authority 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
5 Authority would have been liable to pay in respect of 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) --
10 (a) is to be determined in accordance with such principles
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
15 next full financial year after the commencement of this Act.
73. Investment
Funds of the Authority that are not held as part of the Trust
Fund constituted under the Financial Administration and Audit
Act 1985 section 9 and are not being used for the performance
20 of the Authority's functions may be invested as the Authority's
board of management determines.
74. Hedging transactions
(1) The Authority, with the Treasurer's approval, may, for the
purpose of managing, limiting or reducing perceived risks or
25 anticipated costs in connection with the exercise of any power
conferred by section 75 --
(a) enter into an agreement or arrangement to effect any of
the following transactions --
(i) a foreign exchange transaction;
30 (ii) a forward foreign exchange transaction;
(iii) a currency swap;
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Land Information Authority Bill 2006
Accountability and financial provisions Part 5
Financial provisions Division 2
s. 75
(iv) a forward currency swap;
(v) a foreign currency cap, a foreign currency collar
or a foreign currency floor;
(vi) a forward interest rate agreement;
5 (vii) an interest rate swap;
(viii) a forward interest rate swap;
(ix) an interest rate cap, an interest rate collar or an
interest rate floor;
(x) an option for interest rate or currency
10 management purposes;
(xi) a futures contract or a futures option;
(xii) any other transaction that is approved in writing
by the Minister, with the Treasurer's
concurrence, as a transaction to which this
15 paragraph applies or is of a class that is approved
in writing by the Minister, with the Treasurer's
concurrence, as a class of transactions to which
this paragraph applies;
or
20 (b) enter into an agreement or arrangement to effect any
transaction that is a combination of --
(i) 2 or more transactions permitted under
paragraph (a); or
(ii) one or more transactions permitted under
25 paragraph (a) and one or more transactions
permitted under section 75.
(2) In subsection (1)(a) --
"interest rate" includes coupon rate, discount rate, and yield.
75. Borrowing
30 (1) The Authority may, with the Treasurer's prior approval --
(a) borrow or re-borrow money;
page 37
Land Information Authority Bill 2006
Part 5 Accountability and financial provisions
Division 2 Financial provisions
s. 76
(b) obtain credit;
(c) otherwise arrange for financial accommodation to be
extended to the Authority.
(2) The Authority is to keep any register that the regulations require
5 for the purposes of this section.
76. Guarantees
(1) The Treasurer, on the Minister's recommendation, may, in the
name and on behalf of the State, guarantee the performance by
the Authority, in the State or elsewhere, of any financial
10 obligation of the Authority.
(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 Fund, which this
15 subsection appropriates accordingly.
(4) The Treasurer is to cause any amounts received or recovered,
from the Authority or otherwise, in respect of any payment
made by the Treasurer under a guarantee to be credited to the
Consolidated Fund.
20 77. Charges for guarantee
(1) The Treasurer may, after consultation with the Authority, fix
charges to be paid by the Authority to the Treasurer for the
benefit of the Consolidated Fund in respect of a guarantee given
under section 76.
25 (2) Payments by the Authority to the Treasurer in respect of those
charges are required to be made at times, and in instalments, as
determined by the Treasurer.
78. Authority may extend credit
(1) The Authority may provide credit to any person with whom it
30 deals in the normal course of business.
page 38
Land Information Authority Bill 2006
Accountability and financial provisions Part 5
Financial provisions Division 2
s. 79
(2) The credit may be secured as the Authority considers
appropriate or unsecured.
79. Notice of financial difficulty
(1) The Authority's board of management must notify the Minister
5 if it forms the opinion that the Authority is unable to, or will be
unlikely to be able to, satisfy any of its financial obligations
from the financial resources available or likely to be available to
it at the time the financial obligation is due.
(2) The notice is to be in writing, giving reasons for the board's
10 opinion.
(3) Within 7 days of receipt of the notice, the Minister must --
(a) confer with the Treasurer and the Authority for the
purpose of determining what action is required to ensure
that the Authority is able to satisfy the relevant financial
15 obligation when it is due; and
(b) initiate such action as is required to ensure that the
Authority is able to satisfy the relevant financial
obligation when it is due.
(4) For the purposes of subsection (3) the Minister may, with the
20 Treasurer's concurrence, give the Authority a direction under
section 65 requiring the Authority to cease or limit the
performance of any function.
80. Half-yearly reports
(1) In addition to the reporting requirements referred to in
25 section 81, the Authority must, for the first half of a financial
year, give to the Minister a report on the operations of the
Authority.
(2) A half-yearly report must be given to the Minister --
(a) within 2 months after the end of the reporting period; or
page 39
Land Information Authority Bill 2006
Part 5 Accountability and financial provisions
Division 3 Other provisions
s. 81
(b) if another period after the end of the reporting period is
agreed between the Minister and the Authority, within
the agreed period.
(3) The Authority must give a copy of each half-yearly report to the
5 Treasurer.
(4) A half-yearly report must include any information that a
statement of corporate intent under Part 5 Division 1 requires
the report to include.
Division 3 -- Other provisions
10 81. Application of Financial Administration and Audit Act 1985
The provisions of the Financial Administration and Audit
Act 1985 regulating the financial administration, audit and
reporting of statutory authorities apply to and in respect of the
Authority and its operations.
15 82. Protection for disclosure or compliance with directions
(1) The Authority or another person performing a function under
this Act or any other Act is not liable --
(a) in respect of any claim arising as a consequence of the
disclosure of information or documents under
20 section 63, 64, 67, 79, or 80 or a duty imposed by the
Financial Administration and Audit Act 1985; or
(b) for the fact of having done or omitted a thing that is
required to be done or omitted by a direction given
under this Act.
25 (2) Subsection (1) does not extend to the manner in which any thing
is done or omitted if it is done or omitted contrary to the
Statutory Corporations (Liability of Directors) Act 1996
section 9 or 10.
page 40
Land Information Authority Bill 2006
Miscellaneous Part 6
Protection of people dealing with Authority Division 1
s. 83
Part 6 -- Miscellaneous
Division 1 -- Protection of people dealing with Authority
83. People dealing with Authority may make assumptions
(1) A person having dealings with the Authority is entitled to make
5 the assumptions described in section 85.
(2) In any proceedings in relation to the dealings, any assertion by
the Authority that the matters that the person is entitled to
assume were not correct must be disregarded.
84. Third parties may make assumptions
10 (1) A person (the "third party") having dealings with a person (the
"new owner") who has acquired, or purports to have acquired,
title to property from the Authority (whether directly or
indirectly) is entitled to make the assumptions described in
section 85.
15 (2) In any proceedings in relation to the dealings, any assertion by
the Authority or the new owner that the matters that the third
party is entitled to assume were not correct must be disregarded.
85. Matters that can be assumed
The assumptions that a person is, because of section 83 or 84,
20 entitled to make are --
(a) that, at all relevant times, this Act has been complied
with; and
(b) that a person who is held out by the Authority to be a
member of the Authority's board of management, the
25 chief executive officer, another member of staff, or an
agent of a particular kind --
(i) has been properly appointed; and
(ii) has authority to perform the functions
customarily performed by a member of the
30 Authority's board of management, the chief
page 41
Land Information Authority Bill 2006
Part 6 Miscellaneous
Division 1 Protection of people dealing with Authority
s. 86
executive officer, another member of staff, or an
agent of that kind, as the case may require;
and
(c) that a member of staff or agent of the Authority who has
5 authority to issue a document on behalf of the Authority
has authority to warrant that the document is genuine;
and
(d) that a member of staff or agent of the Authority who has
authority to issue a certified copy of a document on
10 behalf of the Authority has authority to warrant that the
copy is a true copy; and
(e) that a document has been properly sealed by the
Authority if --
(i) it bears what appears to be an imprint of the
15 Authority's common seal; and
(ii) the sealing of the document appears to comply
with section 87;
and
(f) that the members of the Authority's board of
20 management and the Authority's chief executive officer,
other members of staff, and agents have properly
performed their duties to the Authority.
86. When those matters cannot be assumed
(1) Despite sections 83 and 84, a person is not entitled to assume a
25 matter described in section 85 if --
(a) the person has actual knowledge that the assumption
would be incorrect; or
(b) because of the person's connection or relationship with
the Authority, the person ought to know that the
30 assumption would be incorrect.
(2) If, because of subsection (1), a person is not entitled to make a
particular assumption in relation to dealings with the Authority,
page 42
Land Information Authority Bill 2006
Miscellaneous Part 6
Other provisions Division 2
s. 87
section 83(2) does not apply to any assertion by the Authority in
relation to the assumption.
(3) If, because of subsection (1), a person is not entitled to make a
particular assumption in relation to an acquisition or purported
5 acquisition from the Authority of title to property, section 84(2)
does not apply to any assertion by the Authority or another
person in relation to the assumption.
Division 2 -- Other provisions
87. Execution of documents by Authority
10 (1) The Authority is to have a common seal.
(2) A document is duly executed by the Authority if --
(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
15 persons authorised to do so under subsection (5).
(3) The common seal of the Authority is not to be affixed to any
document except as authorised by the Authority.
(4) The common seal of the Authority is to be affixed to a
document in the presence of 2 members of the Authority's
20 board of management, each of whom is to sign the document to
attest that the common seal was so affixed.
(5) The Authority may, by writing under its common seal,
authorise --
(a) any member or members of the Authority's board of
25 management; or
(b) any other member or members of staff,
to sign documents on behalf of the Authority, either generally or
subject to conditions or restrictions specified in the
authorisation.
page 43
Land Information Authority Bill 2006
Part 6 Miscellaneous
Division 2 Other provisions
s. 88
(6) A document purporting to be executed in accordance with this
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
5 the common seal of the Authority, it is to be presumed that the
seal is the common seal of the Authority unless the contrary is
shown.
88. Contract formalities
(1) In so far as the formalities of making, varying or discharging a
10 contract are concerned, a person acting as authorised by the
Authority may make, vary or discharge a contract in the name
of or on behalf of the Authority 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
15 with subsection (1) is effectual in law and binds the Authority
and other parties to the contract.
(3) Subsection (1) does not prevent the Authority from making,
varying or discharging a contract under its common seal.
89. Confidential information officially obtained
20 (1) A person who, without lawful authority, directly or indirectly,
records, uses, or discloses confidential information obtained by
reason of any function that the person has, or at any time had, in
the administration of this Act commits an offence.
Penalty: imprisonment for 12 months and a fine of $12 000.
25 (2) In subsection (1) --
"confidential information" includes information that the
person has a duty to keep confidential regardless of how
the duty of confidentiality arises.
page 44
Land Information Authority Bill 2006
Miscellaneous Part 6
Other provisions Division 2
s. 90
90. Protection from liability for wrongdoing
(1) An action in tort does not lie against a person other than the
Authority for anything that the person has done, in good faith, in
the performance or purported performance of a function under
5 this or any other Act.
(2) The protection given by subsection (1) applies even though the
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 Authority nor the State is
10 relieved of any liability that it might have for another person
having done anything as described in that subsection.
(4) In this section, a reference to the doing of anything includes a
reference to an omission to do anything.
(5) Subsection (1) has effect subject to the Statutory Corporations
15 (Liability of Directors) Act 1996.
91. Laying documents before House of Parliament not sitting
(1) If section 14(4), 43(2), 59(2), 65(2), or 71(7) requires the
Minister to cause the text of a document to be laid before each
House of Parliament, or dealt with under this section, within a
20 period and --
(a) at the commencement of the period, a House of
Parliament is not sitting; and
(b) the Minister is of the opinion that the House will not sit
during that period,
25 the Minister is to transmit a copy of the document to the Clerk
of that House.
(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 to be regarded as
30 having occurred under subsection (2) is to be recorded in the
page 45
Land Information Authority Bill 2006
Part 6 Miscellaneous
Division 2 Other provisions
s. 92
Minutes, or Votes and Proceedings, of the House on the first
sitting day of the House after the Clerk received the copy.
92. Regulations
(1) The Governor may make regulations prescribing all matters that
5 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) Regulations under this section may --
(a) provide that contravention of a regulation is an offence;
10 (b) prescribe, for an offence against the regulations, a
penalty not exceeding a fine of $2 000.
93. 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 every
15 fifth anniversary of the commencement of this section and in the
course of each review the Minister is to consider and have
regard to --
(a) the effectiveness of the operations of the Authority; and
(b) the need for the continuation of the functions of the
20 Authority; and
(c) any other matters that appear to the Minister to be
relevant to the operation and effectiveness of this Act.
(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
25 event not more than 12 months after the relevant anniversary),
cause it to be laid before each House of Parliament.
page 46
Land Information Authority Bill 2006
Transitional matters Part 7
Staff Division 1
s. 94
Part 7 -- Transitional matters
Division 1 -- Staff
94. Other staff in the former department
(1) On the day fixed under section 2(1) (the "commencement
5 day") a person who, immediately before that day, was
employed, other than as the chief executive officer or a senior
executive officer, in the Department of Land Information
becomes a member of the Authority's staff as if employed by
the Authority under section 45(1).
10 (2) Subsection (1) does not prevent the chief executive officer or a
senior executive officer of the Department of Land Information
from becoming a member of the Authority's staff.
Division 2 -- General matters
95. Terms used in this Division
15 In this Division --
"document" is not limited to any restricted meaning that the
term has in any written law, and it includes a document
depicting information by graphic representation;
"former body" means any of the bodies formerly known as the
20 Land Titles Office, the Valuer-General's Office, the
Department of Lands and Surveys, the Department of Land
Administration, or the Department of Land Information;
"former office" means an office in which documents were,
before the day fixed under section 2(1), dealt with under
25 the Transfer of Land Act 1893 or the Registration of Deeds
Act 1856.
96. General transitional provisions might not apply
A transitional provision in this Division applies to the extent
that a contrary intention does not appear.
page 47
Land Information Authority Bill 2006
Part 7 Transitional matters
Division 2 General matters
s. 97
97. Certain references to former bodies
A reference however expressed in a written law or other
document to a former body may be read as including a reference
to the Authority.
5 98. Certain references to department
A reference however expressed in a written law or other
document to the department of the Public Service principally
assisting the Minister in the administration of the Transfer of
Land Act 1893 may be read as including a reference to the
10 Authority.
99. References to things done in former offices
A provision in a written law or other document, however
expressed, about --
(a) anything being given to, or lodged or deposited at or
15 with, a former office; or
(b) anything being held, registered, noted, or in any other
way recorded or dealt with, at a former office,
is to be read as if the reference to the former office had been
amended to be a reference to the Authority or its office, as the
20 case requires.
100. References to documents of former bodies
A reference however expressed in a written law or other
document to any document the description of which indicates
that it is a document of a former body is to be read as a
25 reference to the same document even if, on the day fixed under
section 2(1), it becomes a document of the Authority.
page 48
Land Information Authority Bill 2006
Transitional matters Part 7
Regulations for other matters Division 3
s. 101
Division 3 -- Regulations for other matters
101. Transitional regulations
(1) If there is no sufficient provision in this Act for dealing with a
transitional matter, regulations under this Act may prescribe all
5 matters that are required or necessary or convenient to be
prescribed for dealing with the matter.
(2) In subsection (1) --
"transitional matter" means a matter that needs to be dealt
with for the transition required because of this Act.
10 (3) Regulations under subsection (1) may provide that specified
provisions of a written law do not apply, or apply with specified
modifications, to or in relation to any matter.
(4) Even if regulations under subsection (1) provide that a specified
state of affairs is to be taken to have existed, or not to have
15 existed, before the day on which the regulations are published in
the Gazette but not before the commencement day, the
regulations have effect according to their terms.
(5) In subsections (3) and (4) --
"specified" means specified or described in the regulations.
20 (6) If regulations contain a provision referred to in subsection (4),
the provision does not --
(a) affect, in a manner prejudicial to any person (other than
the State, an authority of the State, or a local
government), rights that the person had before the
25 regulations were published in the Gazette; or
(b) impose liabilities on any person (other than the State, an
authority of the State, or a local government) in respect
of anything done or omitted to be done before the
regulations were published in the Gazette.
page 49
Land Information Authority Bill 2006
Part 8 Other Acts amended
Division 1 Transfer of Land Act 1893 and related provisions
s. 102
Part 8 -- Other Acts amended
Division 1 -- Transfer of Land Act 1893 and related provisions
102. The Act amended
The amendments in this Division are to the Transfer of Land
5 Act 1893* unless otherwise stated.
[* Reprint 7 as at 6 May 2005.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 464 and
Act No. 38 of 2005.]
10 103. Section 4 amended
Section 4(1) is amended as follows:
(a) by deleting the definitions of "Department", "Examiner
of Titles", and "Minister";
(b) by inserting in their appropriate alphabetical
15 positions --
"
"Authority" means the Western Australian Land
Information Authority established by the Land
Information Authority Act 2006 section 5;
20 "Examiner of Titles" means a person who is an
Examiner of Titles under section 8(1);
".
104. Section 5 replaced
(1) Section 5 is repealed and the following section is inserted
25 instead --
"
5. Commissioner of Titles
(1) The Governor may designate a person to be the
Commissioner of Titles under this Act.
page 50
Land Information Authority Bill 2006
Other Acts amended Part 8
Transfer of Land Act 1893 and related provisions Division 1
s. 105
(2) A person cannot be the Commissioner of Titles
unless --
(a) the person is a member of the Authority's staff;
and
5 (b) the person is a legal practitioner (as defined in
the Legal Practice Act 2003), or a barrister or
solicitor of the Supreme Court of another State
or a Territory, of not less than 7 years' standing
and practice.
10 (3) When the Land Information Authority Act 2006
section 104(1) comes into operation the person who,
immediately before then, is the Commissioner of Titles
becomes the Commissioner of Titles as if designated
under subsection (1) for the balance of the person's
15 term of office.
".
105. Section 6 amended
(1) Section 6(1), (1a), (2), and (3) are repealed and the following
subsections are inserted instead --
20 "
(1) The Governor may designate a person, or each of 2 or
more persons, to be a Deputy Commissioner of Titles
under this Act.
(2) A person cannot be a Deputy Commissioner of Titles
25 unless --
(a) the person is a member of the Authority's staff;
and
(b) the person is a legal practitioner (as defined in
the Legal Practice Act 2003), or a barrister or
30 solicitor of the Supreme Court of another State
or a Territory, of not less than 5 years'
standing.
page 51
Land Information Authority Bill 2006
Part 8 Other Acts amended
Division 1 Transfer of Land Act 1893 and related provisions
s. 105
(2a) When the Land Information Authority Act 2006
section 105(1) comes into operation a person who,
immediately before then, is a Deputy Commissioner of
Titles becomes a Deputy Commissioner of Titles as if
5 designated under subsection (1) for the balance of the
person's term of office.
(3) When and as often as the Commissioner is
incapacitated by illness, absence or other sufficient
cause from performing the duties of the Commissioner,
10 a Deputy Commissioner nominated in writing by the
Commissioner is to act as, and in the place of, the
Commissioner during the Commissioner's incapacity.
(3a) When there is no Commissioner, a Deputy
Commissioner nominated in writing by the former
15 Commissioner before ceasing to be the Commissioner
is to act as, and in the place of, the Commissioner.
(3b) If, in a circumstance described in subsection (3) or
(3a), there is no Deputy Commissioner who has been
nominated as described in that subsection and is able to
20 act, a Deputy Commissioner nominated in writing by
the Minister, is to act as, and in the place of, the
Commissioner.
".
(2) Section 6(4) is amended by deleting "subsection (5)" and
25 inserting instead --
" section 15 ".
(3) Section 6(5) and (6) are repealed.
page 52
Land Information Authority Bill 2006
Other Acts amended Part 8
Transfer of Land Act 1893 and related provisions Division 1
s. 106
106. Section 7 replaced
Section 7 is repealed and the following section is inserted
instead --
"
5 7. Registrar of Titles
(1) The Governor may designate a person to be the
Registrar of Titles under this Act.
(2) A person cannot be the Registrar of Titles unless the
person is a member of the Authority's staff.
10 (3) When the Land Information Authority Act 2006
section 106 comes into operation the person who,
immediately before then, is the Registrar of Titles
becomes the Registrar of Titles as if designated under
subsection (1).
15 ".
107. Section 7A amended
(1) Section 7A(1) is repealed and the following subsection is
inserted instead --
"
20 (1) A person qualified to be the Commissioner of Titles
may be, and may perform the functions of, both the
Commissioner of Titles and the Registrar of Titles.
".
(2) Section 7A(2) is amended by deleting "appointed to both offices
25 under this section" and inserting instead --
"
who is both the Registrar of Titles and the
Commissioner of Titles
".
page 53
Land Information Authority Bill 2006
Part 8 Other Acts amended
Division 1 Transfer of Land Act 1893 and related provisions
s. 108
108. Section 8 replaced
Section 8 is repealed and the following section is inserted
instead --
"
5 8. Other designations
(1) The Governor may designate a person, or each of 2 or
more persons, to be an Examiner of Titles under this
Act.
(2) The Governor may designate a person, or each of 2 or
10 more persons, to be an Assistant Registrar of Titles
under this Act.
(3) A person cannot be an Examiner of Titles or an
Assistant Registrar of Titles unless the person is a
member of the Authority's staff.
15 (4) A person cannot be an Examiner of Titles unless the
person is a legal practitioner (as defined in the Legal
Practice Act 2003), or a barrister or solicitor of the
Supreme Court of another State or a Territory.
(5) When the Land Information Authority Act 2006
20 section 108 comes into operation a person who,
immediately before then, is an Assistant Registrar of
Titles becomes an Assistant Registrar of Titles as if
designated under subsection (2).
".
25 109. Section 8A inserted
After section 8 the following section is inserted --
"
8A. Designating statutory officers, generally
(1) This section applies to --
30 (a) the designation of a person under section 5 to
be the Commissioner of Titles; and
page 54
Land Information Authority Bill 2006
Other Acts amended Part 8
Transfer of Land Act 1893 and related provisions Division 1
s. 110
(b) the designation of a person under section 6 to
be a Deputy Commissioner of Titles; and
(c) the designation of a person under section 7 to
be the Registrar of Titles; and
5 (d) the designation of a person under section 8(1)
to be an Examiner of Titles; and
(e) the designation of a person under section 8(2)
to be an Assistant Registrar of Titles.
(2) The power to designate a person includes --
10 (a) the power to revoke a designation previously
made under that power; and
(b) the power to designate a person to perform
functions of another person who has that
designation when it is impractical for that other
15 person to perform the functions.
".
110. Section 11 amended
Section 11 is amended by inserting before the full stop at the
end of the section --
20 "
, except that an Assistant Registrar cannot exercise the
power of delegation given to the Registrar by
section 15A
".
25 111. Section 13 amended
Section 13 is amended as follows:
(a) by deleting "to be hereafter appointed";
(b) by deleting "of the duties of his office" and inserting
instead --
30 " duties as the Registrar or an Assistant Registrar ";
(c) by deleting "office and".
page 55
Land Information Authority Bill 2006
Part 8 Other Acts amended
Division 1 Transfer of Land Act 1893 and related provisions
s. 112
112. Sections 15 and 15A inserted
After section 14 the following sections are inserted --
"
15. Delegation by Commissioner
5 (1) The Commissioner may delegate any power or duty of
the Commissioner under another provision of this Act
to --
(a) a Deputy Commissioner;
(b) an Examiner of Titles;
10 (c) any other member of the Authority's staff who
is a legal practitioner (as defined in the Legal
Practice Act 2003) or a barrister or solicitor of
the Supreme Court of another State or a
Territory.
15 (2) The delegation must be in writing signed by the
Commissioner.
(3) A person to whom a power or duty is delegated under
this section cannot delegate that power or duty.
(4) A person exercising or performing a power or duty that
20 has been delegated to the person under this section is to
be taken to do so in accordance with the terms of the
delegation unless the contrary is shown.
(5) Nothing in this section limits the ability of the
Commissioner to perform a function through an officer
25 or agent.
(6) A delegation to a Deputy Commissioner that the
Commissioner made before the repeal effected by the
Land Information Authority Act 2006 section 105(3)
becomes, when section 112 of that Act inserts this
30 section, of the same effect as if the Commissioner had
made the delegation under this section.
page 56
Land Information Authority Bill 2006
Other Acts amended Part 8
Transfer of Land Act 1893 and related provisions Division 1
s. 113
15A. Delegation by Registrar
(1) The Registrar may delegate any power or duty of the
Registrar under another provision of this Act to a
member of the Authority's staff.
5 (2) The delegation must be in writing signed by the
Registrar.
(3) A person to whom a power or duty is delegated under
this section cannot delegate that power or duty.
(4) A person exercising or performing a power or duty that
10 has been delegated to the person under this section is to
be taken to do so in accordance with the terms of the
delegation unless the contrary is shown.
(5) Nothing in this section limits the ability of the
Registrar to perform a function through an officer or
15 agent.
".
113. Section 181 amended
(1) Section 181(1) is amended by deleting "The Commissioner
may, with the approval of the Governor make regulations" and
20 inserting instead --
" The Governor may make regulations ";
(2) After section 181(1) the following subsection is inserted --
"
(1a) On the coming into operation of the Land Information
25 Authority Act 2006 section 113(1) (the
"commencement"), regulations made by the
Commissioner under subsection (1) before the
commencement become of the same effect as if they
were made by the Governor under subsection (1) as
30 amended by the Land Information Authority Act 2006
section 113(1).
".
page 57
Land Information Authority Bill 2006
Part 8 Other Acts amended
Division 1 Transfer of Land Act 1893 and related provisions
s. 114
(3) After section 181(2) the following subsection is inserted --
"
(2a) Subsection (1a) does not prevent the Governor from
amending regulations to which that subsection applies.
5 ".
114. Section 188 amended
Section 188(iv) is amended by deleting "or registered in the
Department" and inserting instead --
" the Authority or registered in its office ".
10 115. Section 190 replaced
Section 190 is repealed and the following section is inserted
instead --
"
190. Money received by Registrar
15 The Registrar is to pay to the Authority any money
paid to the Registrar under this Act.
".
116. Section 239 amended
Section 239(1) is amended as follows:
20 (a) by deleting the full stop at the end of paragraph (j) and
inserting instead a semicolon;
(b) by inserting after paragraph (j) the following
paragraph --
"
25 (k) any other document or information that is
derived from records and dealings in relation to
land under the operation of this Act and is
prescribed for the purposes of this subsection
by the regulations.
30 ".
page 58
Land Information Authority Bill 2006
Other Acts amended Part 8
Transfer of Land Act 1893 and related provisions Division 1
s. 117
117. Section 239A repealed
Section 239A is repealed.
118. Various references to department amended
(1) The Act is amended by deleting "Department" in each place
5 listed in the Table to this section and inserting instead --
" Authority ".
Table
s. 63A(2)(b) s. 178(4)
s. 78 s. 181(1)(b), (ba), and (bb)
s. 105A(2)(a) s. 189
s 149 s. 240(3)(b)
s. 150 Third Schedule
(2) The Act is amended by deleting "Department's" in each place
listed in the Table to this section and inserting instead --
10 " Authority's ".
Table
s. 23 s. 172(3)
s. 162 s. 175
119. Certain references in other Acts to plans and diagrams
amended
(1) Other Acts are amended by deleting "Department within the
15 meaning of the Transfer of Land Act 1893 Plan" in each place
indicated in the Table to this section and inserting instead --
" Land Titles Office Plan ".
Table
Builders' Registration Act 1939 Schedule
Painters' Registration Act 1961 Schedule
Western Australian Land Authority Act 1992 Schedule 2
page 59
Land Information Authority Bill 2006
Part 8 Other Acts amended
Division 1 Transfer of Land Act 1893 and related provisions
s. 120
(2) Other Acts are amended by deleting "Department within the
meaning of the Transfer of Land Act 1893 Diagram" in each
place indicated in the Table to this section and inserting
instead --
5 " Land Titles Office Diagram ".
Table
Builders' Registration Act 1939 Schedule
Painters' Registration Act 1961 Schedule
Western Australian Land Authority Act 1992 Schedule 2
120. Administration Act 1903 amended
(1) The amendments in this section are to the Administration
Act 1903*.
10 [* Reprinted as at 1 July 1999.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 6.]
(2) Section 19(2) is amended by deleting "the Registrar of Deeds or
Registrar of Titles, as the case may be" and inserting instead --
15 "
the Western Australian Land Information
Authority established by the Land Information
Authority Act 2006 section 5
".
20 121. Agriculture and Related Resources Protection Act 1976
amended
(1) The amendments in this section are to the Agriculture and
Related Resources Protection Act 1976*.
[* Reprinted as at 15 October 1999.
25 For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 13-14
and Act No. 6 of 2006.]
page 60
Land Information Authority Bill 2006
Other Acts amended Part 8
Transfer of Land Act 1893 and related provisions Division 1
s. 122
(2) Section 92(4)(b) is amended by deleting "the Department within
the meaning of the Transfer of Land Act 1893, the Department
of Lands and Surveys, the Department of Mines, or the Register
of Deeds, as the case may be" and inserting instead --
5 " a register or other records referred to in section 94(1)(b) ".
(3) Section 94(1)(b) is amended as follows:
(a) in subparagraph (i), by deleting "or Deputy";
(b) by deleting subparagraph (iii) and inserting instead --
"
10 (iii) the chief executive officer of the
department principally assisting in the
administration of the Land
Administration Act 1997 that a person is
registered in that department as the
15 owner or occupier of land;
(iiia) the chief executive officer of the
department principally assisting in the
administration of the Mining Act 1978
that a person is registered in that
20 department as the owner or occupier of
land;
".
122. Anglican Church of Australia (Diocese of North West
Australia) Act 1961 amended
25 (1) The amendments in this section are to the Anglican Church of
Australia (Diocese of North West Australia) Act 1961*.
[* Reprinted as at 3 May 2002.]
page 61
Land Information Authority Bill 2006
Part 8 Other Acts amended
Division 1 Transfer of Land Act 1893 and related provisions
s. 123
(2) Section 5(3) is amended by deleting "in the Office of Titles, the
office of the Registrar of Deeds or the Department of Lands and
Surveys" and inserting instead --
"
5 under the Transfer of Land Act 1893 or the
Registration of Deeds Act 1856
".
123. Anglican Church of Australia Diocesan Trustees and Lands
Act 1918 amended
10 (1) The amendments in this section are to the Anglican Church of
Australia Diocesan Trustees and Lands Act 1918*.
[* Reprinted as at 3 May 2002.]
(2) Section 11 is amended by deleting "in the Office of Titles, the
office of the Registrar of Deeds, and in the Department of Lands
15 and Surveys" and inserting instead --
"
under the Transfer of Land Act 1893 and the
Registration of Deeds Act 1856
".
20 124. Anglican Church of Australia Lands Act 1914 amended
(1) The amendments in this section are to the Anglican Church of
Australia Lands Act 1914*.
[* Reprinted as at 3 May 2002.]
(2) Section 5 is amended by deleting "in the Department within the
25 meaning of the Transfer of Land Act 1893." and inserting
instead --
"
with the Western Australian Land Information
Authority established by the Land Information
30 Authority Act 2006 section 5.
".
page 62
Land Information Authority Bill 2006
Other Acts amended Part 8
Transfer of Land Act 1893 and related provisions Division 1
s. 125
125. Argentine Ant Act 1968 amended
(1) The amendments in this section are to the Argentine Ant
Act 1968*.
[* Reprinted as at 5 April 2002.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 25.]
(2) Section 15(1) is amended as follows:
(a) in paragraph (b)(ii), by deleting "or Deputy";
(b) by deleting all of the subsection after "or" after
10 paragraph (b)(ii) and inserting instead --
"
(iii) a certificate signed by the chief
executive officer of the department
principally assisting in the
15 administration of the Land
Administration Act 1997 or of the
department principally assisting in the
administration of the Mining Act 1978
that a person is registered in the
20 department as the lessee or occupier of
premises,
is, until the contrary is proved, evidence that the person
is the owner, lessee or occupier, as the case may be, of
the premises.
25 ".
126. Bush Fires Act 1954 amended
(1) The amendments in this section are to the Bush Fires Act 1954*.
[* Reprint 7 as at 3 March 2006 .]
page 63
Land Information Authority Bill 2006
Part 8 Other Acts amended
Division 1 Transfer of Land Act 1893 and related provisions
s. 126
(2) Section 66(1) is amended as follows:
(a) by deleting paragraph (b)(iii) and inserting instead --
"
(iii) a certificate signed by the chief
5 executive officer of the department
principally assisting in the
administration of the Land
Administration Act 1997 that a person is
registered in that department as the
10 owner, lessee, or occupier of land; or
(iv) a certificate signed by the chief
executive officer of the department
principally assisting in the
administration of the Mining Act 1978
15 that a person is registered in that
department as the lessee or occupier of
land or the holder of a concession or
permit; or
(v) a certificate signed by the chief
20 executive officer of the department
principally assisting in the
administration of the Conservation and
Land Management Act 1984 that a
person is registered in that department
25 as the lessee or occupier of land or the
holder of a timber lease, concession or
permit,
";
(b) in paragraph (b), by inserting after subparagraph (i) --
30 " or ";
page 64
Land Information Authority Bill 2006
Other Acts amended Part 8
Transfer of Land Act 1893 and related provisions Division 1
s. 127
(c) by deleting "the owner, lessee or occupier, as the case
may be, of the land." and inserting instead --
"
, as the case requires, the owner, lessee, or occupier of
5 the land or the holder of the timber lease, concession or
permit.
".
127. City of Perth (Leederville Park Lands) Act 1950 amended
(1) The amendments in this section are to the City of Perth
10 (Leederville Park Lands) Act 1950*.
[* Act No. 43 of 1950 .
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 63.]
(2) Section 2 is amended by deleting "in the Department within the
15 meaning of the Transfer of Land Act 1893" and inserting
instead --
" under the Transfer of Land Act 1893 ".
128. Control of Vehicles (Off-road Areas) Act 1978 amended
(1) The amendments in this section are to the Control of Vehicles
20 (Off-road Areas) Act 1978*.
[* Reprint 3 as at 17 February 2006.
For subsequent amendments see Act No. 38 of 2005.]
(2) Section 19(1)(a)(i) is amended by deleting "Lands and Surveys
Department" and inserting instead --
25 "
Western Australian Land Information
Authority established by the Land
Information Authority Act 2006
section 5
30 ".
page 65
Land Information Authority Bill 2006
Part 8 Other Acts amended
Division 1 Transfer of Land Act 1893 and related provisions
s. 129
129. Country Areas Water Supply Act 1947 amended
(1) The amendments in this section are to the Country Areas Water
Supply Act 1947*.
[* Reprint 7 as at 7 April 2006.]
5 (2) Section 85(1) is amended by deleting "Department within the
meaning of the Transfer of Land Act 1893 or the Registry of
Deeds or in the Department of Mines" and inserting instead --
"
records of the Western Australian Land Information
10 Authority established by the Land Information
Authority Act 2006 section 5 or of the department
principally assisting in the administration of the Mining
Act 1978
".
15 (3) Section 90(1)(b) and (c) are each amended by deleting "in the
Office of the Registrar of Deeds" and inserting instead --
" registered under the Registration of Deeds Act 1856 ".
(4) Section 102 is amended as follows:
(a) in subsection (3), by deleting "of the Office of the
20 Registrar of Deeds" and inserting instead --
" under the Registration of Deeds Act 1856 ";
(b) in subsection (4), by deleting "in the Department within
the meaning of the Transfer of Land Act 1893 or the
Office of the Registrar of Deeds." and inserting
25 instead --
" as referred to in subsection (3). ".
(5) Section 120(1)(b) is amended as follows:
(a) in subparagraph (i), by deleting "or deputy";
(b) in subparagraph (ii), by deleting "or his deputy";
page 66
Land Information Authority Bill 2006
Other Acts amended Part 8
Transfer of Land Act 1893 and related provisions Division 1
s. 130
(c) by deleting subparagraphs (iii) and (iv) and "or" after
each of them and inserting instead --
"
(iii) the chief executive officer of the
5 department principally assisting in the
administration of the Land
Administration Act 1997 that any person
is registered in that department as the
owner, occupier or lessee of any land; or
10 (iv) the chief executive officer of the
department principally assisting in the
administration of the Mining Act 1978
that any person is registered in that
department as the lessee or holder of
15 any mining lease or other mining
tenement; or
".
130. Country Housing Act 1998 amended
(1) The amendments in this section are to the Country Housing
20 Act 1998*.
[* Reprinted as at 13 December 2002.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 100 and
Act No. 38 of 2005.]
25 (2) Schedule 2 clause 8(1) is amended by deleting "Land Act 1933"
and inserting instead --
" Land Administration Act 1997 ".
page 67
Land Information Authority Bill 2006
Part 8 Other Acts amended
Division 1 Transfer of Land Act 1893 and related provisions
s. 131
131. Country Towns Sewerage Act 1948 amended
(1) The amendments in this section are to the Country Towns
Sewerage Act 1948*.
[* Reprinted as at 9 November 2001.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 102.]
(2) Section 84(1)(b) and (c) are each amended by deleting "in the
Office of the Registrar of Deeds" and inserting instead --
" registered under the Registration of Deeds Act 1856 ".
10 (3) Section 96 is amended as follows:
(a) in subsection (3), by deleting "of the Office of the
Registrar of Deeds" and inserting instead --
" under the Registration of Deeds Act 1856 ";
(b) in subsection (4), by deleting "in the Department within
15 the meaning of the Transfer of Land Act 1893 or the
Office of the Registrar of Deeds." and inserting
instead --
" as referred to in subsection (3). ".
(4) Section 118(1)(b) is amended as follows:
20 (a) in subparagraph (i), by deleting "or deputy";
(b) in subparagraph (ii), by deleting "or his deputy,";
(c) by deleting subparagraphs (iii) and (iv) and "or" after
each of them and inserting instead --
"
25 (iii) the chief executive officer of the
department principally assisting in the
administration of the Land
Administration Act 1997 that any person
is registered in that department as the
30 owner, occupier or lessee of any land; or
page 68
Land Information Authority Bill 2006
Other Acts amended Part 8
Transfer of Land Act 1893 and related provisions Division 1
s. 132
(iv) the chief executive officer of the
department principally assisting in the
administration of the Mining Act 1978
that any person is registered in that
5 department as the lessee or holder of
any mining lease or other mining
tenement; or
".
132. Dog Act 1976 amended
10 (1) The amendments in this section are to the Dog Act 1976*.
[* Reprinted as at 9 November 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 129 and
Act No. 38 of 2005.]
15 (2) Section 3(1) is amended in the definition of "townsite" by
deleting "the Department within the meaning of the Transfer of
Land Act 1893 or the Department within the meaning of the
Land Act 1933;" and inserting instead --
"
20 the Western Australian Land Information
Authority established by the Land Information
Authority Act 2006 section 5 or with the
department principally assisting in the
administration of the Land Administration
25 Act 1997;
".
133. Evidence Act 1906 amended
(1) The amendments in this section are to the Evidence Act 1906*.
[* Reprint 13 as at 1 July 2005.
30 For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 153 and
Act No. 34 of 2004.]
page 69
Land Information Authority Bill 2006
Part 8 Other Acts amended
Division 1 Transfer of Land Act 1893 and related provisions
s. 134
(2) The Fifth Schedule is amended by deleting in each column the
entry for the item that refers to "The Lands and Surveys
Department" and inserting instead --
"
The department The Minister
principally assisting responsible for the
in the administration administration of that
of the Land Act, the chief
Administration executive officer of
Act 1997 that department, or
the Surveyor General
5 ".
134. Geraldton Foreshore and Marina Development Act 1990
amended
(1) The amendments in this section are to the Geraldton Foreshore
and Marina Development Act 1990*.
10 [* Reprinted as at 8 December 2000.]
(2) Section 3(2) is amended by deleting "by the Graphic Bank
Crown Surveys within the Department of Land Administration."
and inserting instead --
"
15 by the Western Australian Land Information
Authority established by the Land Information
Authority Act 2006 section 5.
".
135. Health Act 1911 amended
20 (1) The amendments in this section are to the Health Act 1911*.
[* Reprint 13 as at 15 July 2005.
For subsequent amendments see Act No. 34 of 2004.]
page 70
Land Information Authority Bill 2006
Other Acts amended Part 8
Transfer of Land Act 1893 and related provisions Division 1
s. 136
(2) Section 372 is amended by deleting "department within the
meaning of the Transfer of Land Act 1893 or Registry of Deeds,
as the case may require" and inserting instead --
"
5 records of the Western Australian Land Information
Authority established by the Land Information
Authority Act 2006 section 5
".
(3) Section 375 is amended by deleting "Department within the
10 meaning of the Transfer of Land Act 1893 and Registry of
Deeds, or any office of the Department of Lands and Surveys,
or of the Department of Mines" and inserting instead --
"
records of the Western Australian Land Information
15 Authority established by the Land Information
Authority Act 2006 section 5, of the department
principally assisting in the administration of the Land
Administration Act 1997, or of the department
principally assisting in the administration of the Mining
20 Act 1978
".
136. Heritage of Western Australia Act 1990 amended
(1) The amendments in this section are to the Heritage of Western
Australia Act 1990*.
25 [* Reprinted as at 1 June 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 207 and
Act No. 38 of 2005.]
page 71
Land Information Authority Bill 2006
Part 8 Other Acts amended
Division 1 Transfer of Land Act 1893 and related provisions
s. 137
(2) The Act is amended by deleting "Executive Director of the
Department of Land Administration" in each place listed in the
Table to this section and inserting instead --
"
5 chief executive officer of the department principally
assisting in the administration of the Land
Administration Act 1997
".
Table
s. 29(6) s. 59(13)
s. 44(2)(b) s. 80(4)
s. 56(1)
10
137. Housing Act 1980 amended
(1) The amendments in this section are to the Housing Act 1980*.
[* Reprinted as at 27 May 1999.
For subsequent amendments see Western Australian
15 Legislation Information Tables for 2005, Table 1, p. 214 and
Act No. 38 of 2005.]
(2) Section 24(2) is amended by deleting "Department within the
meaning" and inserting instead --
" Authority as defined in section 4(1) ".
20 138. Kalgoorlie and Boulder Racing Clubs Act 1904 amended
(1) The amendment in this section is to the Kalgoorlie and Boulder
Racing Clubs Act 1904*.
[* Reprint 1 as at 7 May 2004.
For subsequent amendments see Western Australian
25 Legislation Information Tables for 2004, Table 1, p. 239.]
(2) Section 2 is amended in the definition of "Minister for Lands"
by deleting "and the Department of Lands and Surveys".
page 72
Land Information Authority Bill 2006
Other Acts amended Part 8
Transfer of Land Act 1893 and related provisions Division 1
s. 139
139. Land Administration Act 1997 amended
(1) The amendments in this section are to the Land Administration
Act 1997*.
[* Reprint 2 as at 24 June 2005.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 242 and
Acts Nos. 18 and 38 of 2005.]
(2) Section 3(1) is amended in the definition of ""Registrar" or
"Registrar of Titles"" by deleting "appointed under" and
10 inserting instead --
" referred to in ".
140. Land Boundaries Act 1841 amended
(1) The amendments in this section are to the Land Boundaries
Act 1841*.
15 [* Reprinted as at 22 November 2002.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 243.]
(2) Section 5 is amended by deleting "the Department within the
meaning of the Land Administration Act 1997" and inserting
20 instead --
"
the Western Australian Land Information Authority
established by the Land Information Authority
Act 2006 section 5
25 ".
141. Land Drainage Act 1925 amended
(1) The amendments in this section are to the Land Drainage
Act 1925*.
[* Reprint 3 as at 21 March 2003.
30 For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 244.]
page 73
Land Information Authority Bill 2006
Part 8 Other Acts amended
Division 1 Transfer of Land Act 1893 and related provisions
s. 142
(2) Section 173(1)(b) is amended as follows:
(a) in subparagraph (ii) --
(i) by deleting "or deputy"; and
(ii) by deleting "Department within the meaning of
5 the Transfer of Land Act 1893" and inserting
instead --
"
records of the Western
Australian Land Information
10 Authority established by the
Land Information Authority
Act 2006 section 5
";
(b) by deleting subparagraph (iii) and inserting instead --
15 "
(iii) the chief executive officer of the
department principally assisting in the
administration of the Land
Administration Act 1997, or of the
20 department principally assisting in the
administration of the Mining Act 1978,
that any person is registered in the
relevant department as the owner,
lessee, or occupier of any land,
25 ".
142. Land Tax Assessment Act 2002 amended
(1) The amendments in this section are to the Land Tax Assessment
Act 2002*.
[* Act No. 52 of 2002.
30 For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 245 and
Act No. 38 of 2005.]
page 74
Land Information Authority Bill 2006
Other Acts amended Part 8
Transfer of Land Act 1893 and related provisions Division 1
s. 142
(2) The Glossary is amended in clause 1 in the definition of
"registered" by deleting "Department within the meaning of the
Transfer of Land Act 1893, the Registry of Deeds" and inserting
instead --
5 "
Western Australian Land Information Authority
established by the Land Information Authority Act 2006
section 5
".
10 (3) The Glossary is amended in clause 2 as follows:
(a) in subclause (1)(a), by deleting "publicly exhibited in
the public office of the Department of Land
Administration, or deposited in the Department within
the meaning of the Transfer of Land Act 1893 or
15 Registry of Deeds" and inserting instead --
"
deposited with the Western Australian Land
Information Authority established by the Land
Information Authority Act 2006 section 5
20 ";
(b) in subclause (2)(e), by deleting "in the Department of
Land Administration, or the Department within the
meaning of the Transfer of Land Act 1893 or Registry of
Deeds;" and inserting instead --
25 "
with the Western Australian Land Information
Authority established by the Land Information
Authority Act 2006 section 5;
".
page 75
Land Information Authority Bill 2006
Part 8 Other Acts amended
Division 1 Transfer of Land Act 1893 and related provisions
s. 143
143. Licensed Surveyors Act 1909 amended
(1) The amendments in this section are to the Licensed Surveyors
Act 1909*.
[* Reprinted as at 22 November 2002.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 253.]
(2) Section 3(1) is amended in the definition of "Authorised
Survey", in paragraph (d), by deleting "for acceptance or
adoption by that department" and inserting instead --
10 "
or the Western Australian Land Information
Authority established by the Land
Information Authority Act 2006 section 5 for
acceptance or adoption
15 ".
(3) Section 18 is amended by inserting after "department" --
"
or the Western Australian Land Information
Authority established by the Land Information
20 Authority Act 2006 section 5
".
144. Local Government Act 1995 amended
(1) The amendments in this section are to the Local Government
Act 1995*.
25 [* Reprint 3 as at 5 August 2005.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 267 and
Act No.38 of 2005.]
(2) Section 9.41(1)(b) is amended by deleting "or Deputy".
page 76
Land Information Authority Bill 2006
Other Acts amended Part 8
Transfer of Land Act 1893 and related provisions Division 1
s. 145
(3) Section 9.69 is amended as follows:
(a) in subsection (1), by deleting the definition of
"Department" and inserting instead --
"
5 "Authority" means the Western Australian Land
Information Authority established by the Land
Information Authority Act 2006 section 5;
";
(b) in each of subsections (2) and (4), by deleting
10 "registered or deposited in the Department" and
inserting instead --
" deposited with the Authority ".
(4) Schedule 6.3 is amended in each of clause 1(1)(a) and (3) by
deleting "by the Registrar of Deeds" and inserting instead --
15 " under the Registration of Deeds Act 1856 ".
145. Metropolitan Water Supply, Sewerage, and Drainage Act 1909
amended
(1) The amendments in this section are to the Metropolitan Water
Supply, Sewerage, and Drainage Act 1909*.
20 [* Reprint 9 as at 17 February 2006.]
(2) Section 114 is amended by deleting "Department within the
meaning of the Transfer of Land Act 1893 or the Registry of
Deeds" and inserting instead --
"
25 records of the Western Australian Land Information
Authority established by the Land Information
Authority Act 2006 section 5
".
(3) Section 165(2) is amended as follows:
30 (a) in subparagraph (a), by deleting "or deputy";
(b) in subparagraph (b), by deleting "or his deputy,";
page 77
Land Information Authority Bill 2006
Part 8 Other Acts amended
Division 1 Transfer of Land Act 1893 and related provisions
s. 146
(c) by deleting subparagraph (c) and inserting instead --
"
(c) the chief executive officer of the
department principally assisting in the
5 administration of the Land
Administration Act 1997 that any person
is registered in the department as the
owner, occupier, or lessee of any land,
".
10 146. Morley Shopping Centre Redevelopment Agreement Act 1992
amended
(1) The amendments in this section are to the Morley Shopping
Centre Redevelopment Agreement Act 1992*.
[* Reprinted as at 9 November 2001.]
15 (2) Section 3(1) is amended by deleting the definition of
"Department of Land Administration".
(3) Section 3(2) is amended by deleting "by the Graphic Bank
Crown Surveys within the Department of Land Administration."
and inserting instead --
20 "
by the Western Australian Land Information Authority
established by the Land Information Authority
Act 2006 section 5.
".
25 147. Planning and Development Act 2005 amended
(1) The amendments in this section are to the Planning and
Development Act 2005*.
[* Act No. 37 of 2005.]
page 78
Land Information Authority Bill 2006
Other Acts amended Part 8
Transfer of Land Act 1893 and related provisions Division 1
s. 147
(2) Section 4(1) is amended as follows:
(a) by inserting in its appropriate alphabetical position --
"
"Authority" means the Western Australian Land
5 Information Authority established by the Land
Information Authority Act 2006 section 5.
";
(b) in the definition of "lot" --
(i) by deleting paragraph (a) and inserting
10 instead --
"
(a) depicted on a plan or diagram available
from, or deposited with, the Authority and
for which a separate Crown Grant or
15 certificate of title has been or can be issued;
or
";
and
(ii) by deleting paragraph (c)(iv) and "or" after it and
20 inserting instead --
"
(iv) a part-lot shown on a diagram or plan
of survey of a subdivision deposited
with the Authority; or
25 ";
(c) by deleting the definition of "TLA Department".
(3) Section 146(3)(d) is amended by deleting "TLA Department"
and inserting instead --
" Authority ".
30 (4) Section 150(3)(a) is amended as follows:
(a) by inserting after "subdivision" a comma;
(b) by inserting after "1985" a comma;
page 79
Land Information Authority Bill 2006
Part 8 Other Acts amended
Division 1 Transfer of Land Act 1893 and related provisions
s. 147
(c) by deleting "at the TLA Department;" and inserting
instead --
" by the Authority; ".
(5) Section 165(2) and (4) are each amended by deleting "at the
5 TLA Department" and inserting instead --
" with the Authority ".
(6) Section 167(1)(a) is amended as follows:
(a) by inserting after "subdivision" a comma;
(b) by inserting after "1985" a comma;
10 (c) by deleting "at the TLA Department;" and inserting
instead --
" by the Authority; ".
(7) Section 168 is amended as follows:
(a) in subsection (1) --
15 (i) by inserting after "subdivision" a comma; and
(ii) by inserting after "1985" a comma; and
(iii) by deleting "in the TLA Department" and
inserting instead --
" with the Authority ";
20 (b) in subsection (3) --
(i) by inserting after "subdivision" a comma; and
(ii) by inserting after "1985" a comma; and
(iii) by deleting "at the TLA Department" and
inserting instead --
25 " with the Authority ";
(c) in subsection (5), by deleting "in the TLA Department";
(d) in subsection (6), by deleting "in the TLA Department
or in" and inserting instead --
" with the Authority or ".
page 80
Land Information Authority Bill 2006
Other Acts amended Part 8
Transfer of Land Act 1893 and related provisions Division 1
s. 148
(8) Schedule 3 is amended by deleting "Department as defined in
the Transfer of Land Act 1893" in both places where it occurs
and inserting instead --
" Land Titles Office ".
5 148. Plant Diseases Act 1914 amended
(1) The amendments in this section are to the Plant Diseases
Act 1914*.
[* Reprinted as at 21 December 2001.
For subsequent amendments see Western Australian
10 Legislation Information Tables for 2005, Table 1, p. 345.]
(2) Section 38(1)(b) is amended as follows:
(a) in subparagraph (ii), by deleting "or deputy";
(b) by deleting subparagraph (iii) and inserting the
following subparagraph instead --
15 "
(iii) the chief executive officer of the
department principally assisting in the
administration of the Land
Administration Act 1997 or of the
20 department principally assisting in the
administration of the Mining Act 1978
that any person is registered in the
department as the lessee or occupier of
any land,
25 ".
149. Redemption of Annuities Act 1909 amended
(1) The amendments in this section are to the Redemption of
Annuities Act 1909*.
[* Reprint 1 as at 4 March 2005.]
page 81
Land Information Authority Bill 2006
Part 8 Other Acts amended
Division 1 Transfer of Land Act 1893 and related provisions
s. 150
(2) Section 2 is amended in the definition of "Registrar" by deleting
"deputy, assistant," and inserting instead --
" assistant ".
150. Registration of Deeds Act 1856 amended
5 (1) The amendments in this section are to the Registration of Deeds
Act 1856*.
[* Reprint 2 as at 9 April 2004.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 385.]
10 (2) Section 2 is amended as follows:
(a) by deleting "there shall be maintained as heretofore at
Perth" and inserting instead --
"
the Western Australian Land Information
15 Authority established by the Land Information
Authority Act 2006 section 5 (called the
"Authority" in this Act) is to maintain
".
(b) by deleting "person holding the appointment of
20 Registrar of Deeds and Transfers at the time of the
passing of this Act shall continue to be Registrar of the
aforesaid office under this Act, and that every person
appointed to the office of ".
(3) Section 2A is amended as follows:
25 (a) by deleting "all such persons as are or have been
appointed to be" and inserting instead --
"
a person holding an office because of which the person
is
30 ";
(b) by deleting "person holding the appointment of ".
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(4) Section 6 is amended by deleting "into the Registrar's office"
and inserting instead --
" to the Authority ".
(5) Section 9 is amended by deleting "in the said Registry Office"
5 and inserting instead --
" given by the Registrar ".
(6) Section 10 is amended by deleting "his" and inserting instead --
" the Authority's ".
(7) Section 11 is amended by deleting "of his office" and inserting
10 instead --
" under this Act ".
(8) Section 12 is amended by deleting "his" and inserting instead --
" the Authority's ".
(9) Section 13 is amended as follows:
15 (a) by deleting "said Registrar's" and inserting instead --
" Authority's ";
(b) by deleting "his said" and inserting instead --
" the Authority's ".
(10) Section 22 is amended as follows:
20 (a) by inserting before "That" at the beginning of the
section the subsection designation "(1)";
(b) by deleting "Commissioner of Titles, appointed under
the Transfer of Land Act 1893, with the approval of the
Governor," and inserting instead --
25 " Governor ";
page 83
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Part 8 Other Acts amended
Division 1 Transfer of Land Act 1893 and related provisions
s. 151
(c) by inserting at the end of the section the following
subsections --
"
(2) On the coming into operation of the Land Information
5 Authority Act 2006 section 150(10) (the
"commencement"), regulations made by the
Commissioner of Titles under this section before the
commencement become of the same effect as if they
were made by the Governor under subsection (1) of
10 this section as amended by the Land Information
Authority Act 2006 section 150(10).
(3) Subsection (2) does not prevent the Governor from
amending regulations to which that subsection applies.
".
15 151. Rights in Water and Irrigation Act 1914 amended
(1) The amendments in this section are to the Rights in Water and
Irrigation Act 1914*.
[* Reprinted as at 10 January 2001.
For subsequent amendments see Western Australian
20 Legislation Information Tables for 2005, Table 1, p. 391.]
(2) Section 79(2) is amended as follows:
(a) in subparagraph (a), by deleting "or his deputy";
(b) in subparagraph (b), by deleting "or deputy";
(c) by deleting subparagraph (c) and inserting instead --
25 "
(c) the chief executive officer of the
department principally assisting in the
administration of the Land
Administration Act 1997 or of the
30 department principally assisting in the
administration of the Mining Act 1978,
that any person is registered in the
page 84
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Other Acts amended Part 8
Transfer of Land Act 1893 and related provisions Division 1
s. 152
department as the occupier or lessee of
any land,
".
152. Roman Catholic Bishop of Broome Property Act 1957
5 amended
(1) The amendments in this section are to the Roman Catholic
Bishop of Broome Property Act 1957*.
[* Reprint 1 as at 7 February 2003.
For subsequent amendments see Western Australian
10 Legislation Information Tables for 2005, Table 1, p. 399.]
(2) Section 6 is amended by deleting "in the Office of Titles, the
office of the Registrar of Deeds or the Department of Lands and
Surveys" and inserting instead --
"
15 under the Transfer of Land Act 1893 or the
Registration of Deeds Act 1856,
".
153. Roman Catholic Bunbury Church Property Act 1955
amended
20 (1) The amendments in this section are to the Roman Catholic
Bunbury Church Property Act 1955*.
[* Reprint 1 as at 7 February 2003.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 399.]
25 (2) Section 6 is amended by deleting "in the Office of Titles, the
Office of the Registrar of Deeds or the Department of Lands and
Surveys" and inserting instead --
"
under the Transfer of Land Act 1893 or the
30 Registration of Deeds Act 1856
".
page 85
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Division 1 Transfer of Land Act 1893 and related provisions
s. 154
154. Roman Catholic Church Property Act 1911 amended
(1) The amendments in this section are to the Roman Catholic
Church Property Act 1911*.
[* Reprint 2 as at 7 February 2003.]
5 (2) Section 11 is amended by deleting "in the Department within
the meaning of the Transfer of Land Act 1893, the Office of the
Registrar of Deeds or the Department of Lands and Surveys"
and inserting instead --
"
10 under the Transfer of Land Act 1893 or the
Registration of Deeds Act 1856
".
155. Roman Catholic Geraldton Church Property Act 1925
amended
15 (1) The amendments in this section are to the Roman Catholic
Geraldton Church Property Act 1925*.
[* Reprint 1 as at 7 February 2003.]
(2) Section 7 is amended by deleting "in the Office of Titles, the
Office of the Registrar of Deeds, or the Department of Lands
20 and Surveys" and inserting instead --
"
under the Transfer of Land Act 1893 or the
Registration of Deeds Act 1856
".
25 156. Roman Catholic New Norcia Church Property Act 1929
amended
(1) The amendments in this section are to the Roman Catholic New
Norcia Church Property Act 1929*.
[* Reprint 1 as at 7 February 2003.]
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s. 157
(2) Section 10 is amended by deleting "in the Office of Titles the
Office of the Registrar of Deeds or the Department of Lands and
Surveys" and inserting instead --
"
5 under the Transfer of Land Act 1893 or the
Registration of Deeds Act 1856,
".
157. Sale of Land Act 1970 amended
(1) The amendments in this section are to the Sale of Land
10 Act 1970*.
[* Reprinted as at 25 January 2002.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 406 and
Act No. 38 of 2005.]
15 (2) Section 13(2) is amended by deleting "in the Department within
the meaning of that Act." and inserting instead --
"
with the Western Australian Land Information
Authority established by the Land Information
20 Authority Act 2006 section 5.
".
(3) Section 13(3) is amended as follows:
(a) by deleting "at the Department within the meaning of
the Transfer of Land Act 1893 shall be deemed to be and
25 to always have been registrable notwithstanding any"
and inserting instead --
"
as described in subsection (2) but was defective is to be
taken to give as good an entitlement to be registered as
30 proprietor as it would give if there were no
";
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Part 8 Other Acts amended
Division 1 Transfer of Land Act 1893 and related provisions
s. 158
(b) in paragraph (a), by deleting "withdrawn from the
Department within the meaning of the Transfer of Land
Act 1893;" and inserting instead --
"
5 having been withdrawn from the registration
process;
".
158. Settlement Agents Act 1981 amended
(1) The amendments in this section are to the Settlement Agents
10 Act 1981*.
[* Reprint 3 as at 8 July 2005.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 413 and
Act No. 38 of 2005.]
15 (2) Schedule 2 clause 1(1) is amended as follows:
(a) by deleting paragraph (a) and inserting instead --
"
(a) searching land titles and dealings in the records
of the Western Australian Land Information
20 Authority established by the Land Information
Authority Act 2006 section 5 (the "Authority")
and searching for caveats against any of those
dealings;
";
25 (b) in paragraph (f), by deleting "at the Department within
the meaning of the Transfer of Land Act 1893" and
inserting instead --
" with the Authority ";
(c) in paragraph (g), by deleting "Department within the
30 meaning of the Transfer of Land Act 1893" and inserting
instead --
" Authority ".
page 88
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Other Acts amended Part 8
Transfer of Land Act 1893 and related provisions Division 1
s. 159
159. Standard Survey Marks Act 1924 amended
(1) The amendments in this section are to the Standard Survey
Marks Act 1924*.
[* Reprint 2 as at 5 September 2003.]
5 (2) Section 3 is amended by deleting "in the Department of Land
Administration and certified copies supplied to the Registrar of
Titles, the Under Secretary for Public Works" and inserting
instead --
"
10 by the Western Australian Land Information Authority
established by the Land Information Authority
Act 2006 section 5 and certified copies supplied to the
Registrar of Titles, the chief executive officer of the
department principally assisting in the administration
15 of the Public Works Act 1902
".
160. Strata Titles Act 1985 amended
(1) The amendments in this section are to the Strata Titles
Act 1985*.
20 [* Reprint 5 as at 20 May 2005.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 438 and
Act No. 38 of 2005.]
(2) Section 3(1) is amended as follows:
25 (a) by inserting in its appropriate alphabetical position --
"
"Authority" means the Western Australian Land
Information Authority established by the Land
Information Authority Act 2006 section 5;
30 ";
page 89
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Part 8 Other Acts amended
Division 1 Transfer of Land Act 1893 and related provisions
s. 160
(b) in the definition of "Registrar of Titles" by deleting
"appointed" in both places where it occurs and inserting
instead --
" who is ".
5 (3) Section 18(2) is amended by deleting "office of the Registrar of
Titles" and inserting instead --
" Authority's office ".
(4) Section 21Z(2) is amended by deleting "Office of Titles" and
inserting instead --
10 " Authority's office ".
(5) Section 31K(2) is amended by deleting "Office of Titles" and
inserting instead --
" Authority's office ".
(6) Section 40(2)(b) is amended by deleting "office of the Registrar
15 of Titles" and inserting instead --
" Authority's office ".
(7) Section 41(2)(b) is amended by deleting "office of the Registrar
of Titles" and inserting instead --
" Authority's office ".
20 (8) Section 115(1) is amended by deleting "office of the Registrar
of Titles" and inserting instead --
" Authority's office ".
(9) After section 129A the following sections are inserted --
"
25 129B. Delegation by Commissioner of Titles
(1) The Commissioner of Titles may delegate the power
that section 129A gives the Commissioner to any other
member of the Authority's staff who is a legal
page 90
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Other Acts amended Part 8
Transfer of Land Act 1893 and related provisions Division 1
s. 160
practitioner (as defined in the Legal Practice Act 2003)
or a barrister or solicitor of the Supreme Court of
another State or a Territory.
(2) The delegation must be in writing signed by the
5 Commissioner.
(3) A person to whom a power or duty is delegated under
this section cannot delegate that power or duty.
(4) A person exercising or performing a power or duty that
has been delegated to the person under this section is to
10 be taken to do so in accordance with the terms of the
delegation unless the contrary is shown.
(5) Nothing in this section limits the ability of the
Commissioner to perform a function through an officer
or agent.
15 (6) In this section --
"Commissioner of Titles" means the Commissioner
of Titles under the Transfer of Land Act 1893 but
does not include a Deputy Commissioner of Titles
under that Act except when acting as, and in place
20 of, the Commissioner.
129C. Delegation by Registrar of Titles
(1) The Registrar of Titles may delegate any power or duty
of the Registrar under another provision of this Act to a
member of the Authority's staff.
25 (2) The delegation must be in writing signed by the
Registrar.
(3) A person to whom a power or duty is delegated under
this section cannot delegate that power or duty.
(4) A person exercising or performing a power or duty that
30 has been delegated to the person under this section is to
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Part 8 Other Acts amended
Division 1 Transfer of Land Act 1893 and related provisions
s. 161
be taken to do so in accordance with the terms of the
delegation unless the contrary is shown.
(5) Nothing in this section limits the ability of the
Registrar to perform a function through an officer or
5 agent.
(6) In this section --
"Registrar of Titles" does not include an Assistant
Registrar under the Transfer of Land Act 1893
except when acting as, and in place of, the
10 Registrar.
129D. Money received by Registrar
The Registrar of Titles is to pay to the Authority any
money paid to the Registrar under this Act.
".
15 (10) Schedule 3 clause 7(1) is amended by deleting "in the office of
the Registrar of Titles" and inserting instead --
" for registration ".
161. Tamala Park Land Transfer Act 2001 amended
(1) The amendment in this section is to the Tamala Park Land
20 Transfer Act 2001*.
[* Act No. 15 of 2001.]
(2) Section 3 is amended in the definition of "Registrar of Titles"
by deleting "appointed".
162. The Salvation Army (Western Australia) Property Trust
25 Act 1931 amended
(1) The amendments in this section are to The Salvation Army
(Western Australia) Property Trust Act 1931*.
[* Reprint 2 as at 17 January 2003.]
page 92
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Other Acts amended Part 8
Transfer of Land Act 1893 and related provisions Division 1
s. 163
(2) Section 6(4) is amended by deleting "the Under Secretary for
Lands" and inserting instead --
"
the chief executive officer of the department
5 principally assisting in the administration of the Land
Administration Act 1997
".
(3) Section 17(1) and (2) are amended by deleting "the Under
Secretary for Lands" and inserting instead --
10 "
the chief executive officer of the department
principally assisting in the administration of the Land
Administration Act 1997
".
15 (4) Section 22 is amended by deleting "the Under Secretary for
Lands" and inserting instead --
"
the chief executive officer of the department
principally assisting in the administration of the Land
20 Administration Act 1997
".
163. Toodyay Cemeteries Act 1939 amended
(1) The amendments in this section are to the Toodyay Cemeteries
Act 1939*.
25 [* Act No. 8 of 1939.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 456.]
(2) Section 5 is amended by deleting "in the Office of Land Titles"
and inserting instead --
30 "
of the Western Australian Land Information
Authority established by the Land Information
Authority Act 2006 section 5
".
page 93
Land Information Authority Bill 2006
Part 8 Other Acts amended
Division 1 Transfer of Land Act 1893 and related provisions
s. 164
164. Transfer of Land Amendment Act 2003 amended
(1) The amendments in this section are to the Transfer of Land
Amendment Act 2003*.
[* Act No. 6 of 2003.]
5 (2) Section 56 is amended in the proposed section 166C(2)(a)(i) by
deleting "Department" and inserting instead --
" Authority ".
165. Water Boards Act 1904 amended
(1) The amendments in this section are to the Water Boards
10 Act 1904*.
[* Reprint 5 as at 12 August 2005.]
(2) Section 158 is amended by deleting "Land Titles and Registry
of Deeds, or any office of the Department of Lands or of Mines"
and inserting instead --
15 "
the Western Australian Land Information
Authority established by the Land Information
Authority Act 2006 section 5, of the department
principally assisting with the administration of
20 the Land Administration Act 1997, or of the
department principally assisting with the
administration of the Mining Act 1978
".
(3) Section 160(2) is amended as follows:
25 (a) in subparagraph (a), by deleting "or his deputy,";
(b) in subparagraph (b), by deleting "or deputy";
page 94
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Other Acts amended Part 8
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s. 166
(c) by deleting subparagraph (c) and inserting instead --
"
(c) the chief executive officer of the department
principally assisting in the administration of the
5 Land Administration Act 1997 or of the
department principally assisting in the
administration of the Mining Act 1978, that any
person is registered in the department as the
occupier or lessee of any land,
10 ".
Division 2 -- Valuation of Land Act 1978 and related provisions
166. The Act amended
The amendments in this Division are to the Valuation of Land
Act 1978* unless otherwise stated.
15 [* Reprint 4 as at 10 February 2006.]
167. Section 4 amended
Section 4(1) is amended as follows:
(a) by deleting the definitions of "section" and
"subsection";
20 (b) by inserting in its appropriate alphabetical position --
"
"Authority" means the Western Australian Land
Information Authority established by the Land
Information Authority Act 2006 section 5;
25 ".
page 95
Land Information Authority Bill 2006
Part 8 Other Acts amended
Division 2 Valuation of Land Act 1978 and related provisions
s. 168
168. Section 6 replaced
Section 6 is repealed and the following section is inserted
instead --
"
5 6. Valuer-General
(1) The Governor may designate a person to be the
Valuer-General under this Act.
(2) A person cannot be the Valuer-General unless --
(a) the person is a member of the Authority's staff;
10 and
(b) the person has, in the opinion of the Minister,
the qualifications and experience appropriate to
the exercise of the powers, and the performance
of the duties and functions, conferred or
15 imposed upon the Valuer-General by or under
this Act.
(3) The power to designate a person to be the
Valuer-General includes --
(a) the power to revoke a designation previously
20 made under that power; and
(b) the power to designate a person to perform
functions of another person who is designated
to be the Valuer-General when it is impractical
for that other person to perform the functions.
25 (4) When the Land Information Authority Act 2006
section 168 comes into operation the person who,
immediately before then, is the Valuer-General
becomes the Valuer-General as if designated under
subsection (1) for the balance of the person's term of
30 office.
".
page 96
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Other Acts amended Part 8
Valuation of Land Act 1978 and related provisions Division 2
s. 169
169. Section 9 amended
Section 9 is amended by deleting "Department within the
meaning of the Transfer of Land Act 1893, the office for the
Registration of Deeds, any office of the Department of Lands
5 and Surveys and the Department of Mines and" and inserting
instead --
"
records of the Authority, a department principally
assisting in the administration of the Land
10 Administration Act 1997 or the Mining Act 1978, or
".
170. Section 13 amended
Section 13(1) is amended by inserting after "this Act" --
"
15 and to the Authority and every person who is or has
been a member of the Authority's board of
management or of a committee appointed by the
Authority or is or has been a member of the
Authority's staff
20 ".
171. Section 14 amended
Section 14(2) is amended as follows:
(a) by deleting "when in his opinion" and inserting
instead --
25 "
being of the opinion after consulting the
Valuer-General that
";
(b) by deleting "Valuer-General to" and inserting instead --
30 " Authority to ".
page 97
Land Information Authority Bill 2006
Part 8 Other Acts amended
Division 2 Valuation of Land Act 1978 and related provisions
s. 172
172. Section 16 amended
(1) Section 16(1) is amended by deleting "The Valuer-General may
engage under contract for services" and inserting instead --
"
5 The Authority's employing authority has to act on the
advice of the Valuer-General whenever it exercises its
powers under the Public Sector Management Act 1994
section 100(1) relating to the engagement under
contract for services of
10 ".
(2) Section 16(2) is amended by deleting "The Valuer-General shall
not engage a person under this section as a valuer" and inserting
instead --
"
15 A person cannot be engaged under contract for services
as a valuer to assist in the performance of the
Valuer-General's duties and functions
".
(3) Section 16(3) is amended by deleting "by the Valuer-General
20 under this section" and inserting instead --
"
under contract for services as a valuer to assist in the
performance of the Valuer-General's duties and
functions
25 ".
(4) Section 16(4) is repealed.
173. Section 16A amended
Section 16A(4) is amended in the definition of "staff of the
Valuer-General" by deleting "appointed under section 6(1)" and
30 inserting instead --
" provided by the Authority to assist the Valuer-General ".
page 98
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Other Acts amended Part 8
Valuation of Land Act 1978 and related provisions Division 2
s. 174
174. Section 16B inserted
After section 16A the following section is inserted in Part II --
16B. Yearly report by Valuer-General
(1) The Valuer-General is required, after the end of each
5 financial year of the Authority, to submit to the
Minister a report on the performance of the
Valuer-General's functions during the year,
containing --
(a) information about the accuracy, currency, and
10 completeness of valuation rolls and about any
significant matters associated with the making
of other valuations by the Valuer-General
during the year; and
(b) a summary of --
15 (i) the number, if any, and the nature of
objections received by the
Valuer-General under this Act during
the year, and the outcomes of
objections, if any, resolved during the
20 year; and
(ii) the number, if any, and the nature of
proceedings under the State
Administrative Tribunal Act 2004
commenced during the year for the
25 review of decisions of the
Valuer-General, and the outcomes of
review proceedings, if any, resolved
during the year.
(2) The Valuer-General has to submit the report that
30 subsection (1) requires within the period of 2 months
after the last day of the year to which the report relates.
(3) When submitting the report to the Minister, the
Valuer-General has to give a copy of the report to the
page 99
Land Information Authority Bill 2006
Part 8 Other Acts amended
Division 2 Valuation of Land Act 1978 and related provisions
s. 175
Authority's chief executive officer for submission to
the Authority's board of management.
".
175. Section 25 amended
5 Section 25(8) is amended as follows:
(a) by deleting "he" and inserting instead --
" the Authority ";
(b) by deleting "Valuer-General" before "determines" and
inserting instead --
10 " Authority ";
(c) by deleting "Valuer-General" before "would have
raised" and inserting instead --
" Authority ".
176. Section 28 replaced
15 Section 28 is repealed and the following section is inserted
instead --
"
28. Custody, inspection and availability of valuation
rolls
20 (1) After completing a valuation roll for a valuation district
or making any addition, deletion, correction or
amendment to it the Valuer-General is to provide a
copy of the original valuation roll to the Authority.
(2) The Authority is required to --
25 (a) make true copies of a valuation roll available
for public inspection at such places, at such
times and upon payment of such fee as may be
prescribed; and
(b) furnish to each rating or taxing authority that is
30 obliged to adopt or use any valuations entered
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Other Acts amended Part 8
Valuation of Land Act 1978 and related provisions Division 2
s. 177
in a valuation roll and pays any fee that may be
prescribed a true copy of the valuation roll or of
any addition, deletion, correction or amendment
to it, as the case may be.
5 (3) A copy of a valuation roll and of any addition, deletion,
correction or amendment to it furnished to a rating or
taxing authority may be in writing or transcribed upon
magnetic tape or in such other form as the Authority
and the rating or taxing authority may agree.
10 ".
177. Section 29 amended
(1) Section 29(1) is amended by deleting "Valuer-General" and
inserting instead --
" Authority ".
15 (2) Section 29(2) is amended as follows:
(a) by inserting before each of "copy" and "extract" --
" certified ";
(b) by deleting "certified by the Valuer-General".
(3) At the end of the section the following subsection is inserted --
20 "
(3) In this section --
"certified" means certified by the Valuer-General.
".
178. Section 38 inserted
25 After section 37 the following section is inserted --
"
38. Charges for making valuations under Part III
The Authority may, after the Valuer-General makes
or causes to be made valuations under Part III, raise
page 101
Land Information Authority Bill 2006
Part 8 Other Acts amended
Division 2 Valuation of Land Act 1978 and related provisions
s. 179
against each rating or taxing authority required to
use the valuations a charge in accordance with the
pricing principles fixed in the Land Information
Authority Act 2006 section 16.
5 ".
179. Section 39 amended
(1) Section 39(1) is amended by inserting after "make valuations of
land for" --
" , and provide valuation advice to ".
10 (2) Section 39(2) is repealed and the following subsection is
inserted instead --
"
(2) The Authority may determine the charge payable to it
for a valuation made, or for advice given, under
15 subsection (1) but, in doing so, has to accord with the
pricing principles fixed in the Land Information
Authority Act 2006 section 16.
".
180. Section 39A replaced
20 Section 39A is repealed and the following section is inserted
instead --
"
39A. Authority may provide goods and services
(1) Subsection (2) limits the extent to which the Authority
25 may, under the Land Information Authority Act 2006
and otherwise than as authorised by this Act, provide
goods and services derived from or related to the
performance of the Valuer-General's functions under
this Act (called "valuation related goods and
30 services" in this section).
page 102
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Other Acts amended Part 8
Valuation of Land Act 1978 and related provisions Division 2
s. 181
(2) The exception in section 13(2) does not apply to the
provision by the Authority of valuation related goods
and services.
".
5 181. Section 40 replaced
Section 40 is repealed and the following section is inserted
instead --
"
40. Money received by Valuer-General
10 The Valuer-General is to pay to the Authority any
money paid to the Valuer-General under this Act.
".
182. Section 48 amended
Section 48(b) is amended by deleting "office of the
15 Valuer-General." and inserting instead --
" office of the Authority. ".
183. Interpretation Act 1984 amended
(1) The amendment in this section is to the Interpretation
Act 1984*.
20 [* Reprint 5 as at 12 August 2005.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 228 and
Act No. 38 of 2005.]
(2) Section 5 is amended in the definition of "Valuer-General" by
25 deleting "appointed".
page 103
Land Information Authority Bill 2006
Part 8 Other Acts amended
Division 3 Acts requiring minor changes
s. 184
184. Taxation Administration Act 2003 amended
(1) The amendment in this section is to the Taxation Administration
Act 2003*.
[* Reprint 1 as at 14 October 2005.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 451 and
Act No. 38 of 2005.]
(2) The Glossary at the end of the Act is amended by deleting the
definition of "Valuer-General".
10 Division 3 -- Acts requiring minor changes
185. Constitution Acts Amendment Act 1899 Schedule V amended
(1) The amendment in this section is to the Constitution Acts
Amendment Act 1899*.
[* Reprint 14 as at 21 April 2006.
15 For subsequent amendments see Acts Nos. 18 and 38 of
2005.]
(2) Schedule V Part 3 is amended by inserting before the item
commencing "The board of management of the Western
Australian Sports Centre Trust" the following item --
20 "
The board of management of the Western Australian Land
Information Authority established by the Land Information
Authority Act 2006.
".
25 186. Financial Administration and Audit Act 1985 Schedule 1
amended
(1) The amendment in this section is to the Financial
Administration and Audit Act 1985*.
[* Reprint 9 as at 10 February 2006.]
page 104
Land Information Authority Bill 2006
Other Acts amended Part 8
Acts requiring minor changes Division 3
s. 187
(2) Schedule 1 is amended by inserting in the appropriate
alphabetical position the following item --
" Western Australian Land Information Authority ".
187. Public Sector Management Act 1994 Schedule 2 amended
5 (1) The amendment in this section is to the Public Sector
Management Act 1994*.
[* Reprint 6 as at 14 May 2004.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 368-9
10 and Act No. 18 of 2005.]
(2) Schedule 2 is amended by inserting after item 58 the following
item --
"
59 Western Australian Land Information Authority, established
15 by the Land Information Authority Act 2006
".
188. Statutory Corporations (Liability of Directors) Act 1996
Schedule 1 amended
(1) The amendment in this section is to the Statutory Corporations
20 (Liability of Directors) Act 1996*.
[* Reprint 3 as at 7 November2003.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 434.]
page 105
Land Information Authority Bill 2006
Part 8 Other Acts amended
Division 3 Acts requiring minor changes
s. 188
(2) Schedule 1 is amended by inserting in its appropriate
alphabetical position the following item --
"
Western Australian a member of the Land Information
Land Information Authority's board Authority Act 2006
Authority of management
".
5
page 106
Land Information Authority 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)
acquire .......................................................................................................12(5)
appointed member ............................................................................................ 3
Authority.......................................................................................................... 3
Authority's liability ....................................................................................13(3)
business concern.........................................................................................12(5)
chief executive officer ...................................................................................... 3
commencement day....................................................................................94(1)
confidential information .............................................................................89(2)
dispose of...................................................................................................12(5)
document .............................................................................................67(4), 95
former body ................................................................................................... 95
former office .................................................................................................. 95
fundamental land information ...................................................................16(10)
goods and services............................................................................................ 3
information ................................................................................................67(4)
interest rate.................................................................................................74(2)
land information............................................................................................... 3
latest draft plan...........................................................................................52(2)
latest draft statement...................................................................................60(2)
member of the Authority's staff ........................................................................ 3
new owner..................................................................................................84(1)
participate in ..............................................................................................12(5)
relevant amount..........................................................................................13(3)
relevant financial year ..................................................................... 47(1), 55(1)
specified...................................................................................................101(5)
third party ..................................................................................................84(1)
transaction...................................................................................................... 15
transitional matter.....................................................................................101(2)
Treasurer.......................................................................................................... 3
page 107
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