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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Minerals and Energy Research Amendment
Bill 2006
CONTENTS
1. Short title 2
2. Commencement 2
3. The Act amended 2
4. Section 5 amended 2
5. Section 6 amended 3
6. Section 11 amended 3
7. Section 12 amended 3
8. Section 14 amended 4
9. Section 16 amended 4
10. Section 17 amended 5
11. Section 20 amended 5
12. Section 24 amended 6
13. Section 32 amended 7
14. Section 40 amended 7
122--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Minerals and Energy Research Amendment
Bill 2006
A Bill for
An Act to amend the Minerals and Energy Research Act 1987.
The Parliament of Western Australia enacts as follows:
page 1
Minerals and Energy Research Amendment Bill 2006
s. 1
1. Short title
This is the Minerals and Energy Research Amendment
Act 2006.
2. Commencement
5 This Act comes into operation on the day on which it receives the
Royal Assent.
3. The Act amended
The amendments in this Act are to the Minerals and Energy
Research Act 1987*.
10 [* Reprinted as at 4 May 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 290.]
4. Section 5 amended
Section 5 is amended as follows:
15 (a) in paragraph (e) by deleting "referred to in
paragraph (d)";
(b) after paragraph (i) by deleting "and";
(c) after paragraph (j) by deleting the full stop and inserting
the following --
20 "
;
(k) assisting in the development of the capacity in
Western Australia to undertake minerals and
energy research; and
25 (l) providing the Minister with advice in relation to
minerals and energy research.
".
page 2
Minerals and Energy Research Amendment Bill 2006
s. 5
5. Section 6 amended
Section 6(2) is amended as follows:
(a) after paragraph (c) by deleting "and";
(b) by deleting paragraph (d) and inserting instead --
5 "
(d) to apply for, or to join in the making of an
application for, intellectual property rights; and
(e) to accept any gift or other payment if it is
absolute or subject to conditions that the
10 Institute would be able to satisfy.
".
6. Section 11 amended
Section 11 is amended by deleting "4" and inserting instead --
" 5 ".
15 7. Section 12 amended
(1) After section 12(2) the following subsection is inserted --
"
(2a) The Minister is to make the nominations so that the
Board has --
20 (a) at least one director who has recent or current
experience in the petroleum industry;
(b) at least one director who has recent or current
experience in the minerals industry; and
(c) at least one director who has recent or current
25 experience in the research sector.
".
page 3
Minerals and Energy Research Amendment Bill 2006
s. 8
(2) After section 12(3) the following subsection is inserted --
"
(3a) A person appointed to the office of director after
February 2002 cannot hold office for more than
5 10 consecutive years.
".
8. Section 14 amended
(1) Section 14(1) is amended by deleting "an officer of the
Department" and inserting instead --
10 " a director of the Board ".
(2) Section 14(2) and (3) are repealed and the following subsection
is inserted instead --
"
(2) The Minister may at any time terminate an
15 appointment under subsection (1).
".
9. Section 16 amended
Section 16 is amended as follows:
(a) after paragraph (a) by inserting --
20 " and ";
(b) by deleting paragraph (b) and "and" after it;
(c) in paragraph (c) by deleting "or an Acting Board
Chairman".
page 4
Minerals and Energy Research Amendment Bill 2006
s. 10
10. Section 17 amended
(1) Section 17(2) is repealed and the following subsection is
inserted instead --
"
5 (2) The Board Chairman may at any time convene a
meeting of the Board, giving at least 2 days notice of
the meeting.
".
(2) Section 17(3)(b) is amended by deleting "or, if the Board
10 Chairman is absent from duty or from the State or is, for any
reason, unable to perform the duties of his office, the Acting
Board Chairman".
(3) After section 17(3) the following subsection is inserted --
"
15 (3a) A member of the Board may attend a meeting of the
Board by telephone, audio-visual link-up or any other
form of instantaneous communication provided that all
Board members attending the meeting are
simultaneously in contact with each other, and the
20 member is to be taken to be present at the meeting.
".
(4) Section 17(4) is amended by deleting "or, if the Acting Board
Chairman is acting in the office the Board Chairman, the Acting
Board Chairman" and inserting instead --
25 " , or Acting Board Chairman (when relevant), ".
11. Section 20 amended
(1) Section 20(1)(i) is amended by deleting "such number of other
persons (if any) as the Minister considers appropriate" and
inserting instead --
30 "
the number of other persons (if any) that the
Minister considers appropriate (to a maximum
of 8)
".
page 5
Minerals and Energy Research Amendment Bill 2006
s. 12
(2) Section 20(8) is repealed and the following subsections are
inserted instead --
"
(8) The Minister may remove a member appointed under
5 subsection (1)(a), (b), (c), (d), (e), (f) or (g) from office
if --
(a) the member --
(i) ceases to be a member or employee of
the body, university or authority
10 concerned;
(ii) ceases to be engaged by the body,
university or authority concerned to
represent its interests;
(iii) in the case of a member appointed under
15 subsection (1)(a), (b) or (c) -- ceases to
work in the industry that the body
concerned represents; or
(iv) otherwise ceases to have a sufficient
connection with the body, university or
20 authority concerned to appropriately
represent its interests;
and
(b) the body, university or authority agrees to the
person being removed from office.
25 (9) In this section --
"member" means member of the Minerals Research
Advisory Committee.
".
12. Section 24 amended
30 Section 24(1) is amended by deleting "or Acting Board
Chairman".
page 6
Minerals and Energy Research Amendment Bill 2006
s. 13
13. Section 32 amended
(1) Section 32 is amended by inserting before "The Institute" the
subsection designation "(1)".
(2) At the end of section 32 the following subsections are
5 inserted --
"
(2) The Minister may authorise the Institute to enter into
contracts described in subsection (1) of a value less
than $20 000 (or a higher amount set out in the
10 regulations) without the approval of the Minister under
subsection (1).
(3) An authorisation under subsection (2) is to be in
writing and may --
(a) apply to all contracts or a specified class of
15 contracts; and
(b) be subject to conditions.
".
14. Section 40 amended
Section 40(1) is amended by deleting "the expiry of 5 years
20 from its commencement" and inserting instead --
"
the Minerals and Energy Research Amendment
Act 2006 comes into operation and every 5 years after
that
25 ".
page 7
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