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Western Australia
Machinery of Government (Miscellaneous
Amendments) Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 2
4. Regulations -- power to amend certain statutory rules 2
5. Regulations -- general 3
Part 2 -- Agriculture, Forestry and
Fisheries
Division 1 -- Agricultural Produce Commission
Act 1988
6. The Act amended 4
7. Section 7 amended 4
Division 2 -- Agriculture and Related Resources
Protection Act 1976
8. The Act amended 4
9. Section 65 amended 4
10. Section 94 amended 5
Division 3 -- Cattle Industry Compensation
Act 1965
11. The Act amended 5
12. Section 21 amended 5
Division 4 -- Fisheries Adjustment Schemes
Act 1987
13. The Act amended 5
14. Section 5 amended 5
15. Section 10 amended 6
254--2 page i
Machinery of Government (Miscellaneous Amendments) Bill 2003
Contents
16. Various references to Executive Director changed to
CEO 6
Division 5 -- Fishing and Related Industries
Compensation (Marine Reserves) Act 1997
17. The Act amended 6
18. Section 5 amended 6
Division 6 -- Fish Resources Management Act 1994
19. The Act amended 7
20. Section 4 amended 7
21. Section 10 repealed 7
22. Section 238 amended 7
23. Sections 239, 241 and 242 amended 7
24. Various references to Executive Director changed to
CEO 8
Division 7 -- Forest Products Act 2000
25. The Act amended 9
26. Section 3 amended 10
27. Section 6 amended 10
28. Section 10 amended 10
29. Section 42 amended 11
30. Section 57 amended 11
31. Section 59 amended 11
32. Various references to Executive Director changed to
CALM Act CEO 11
Division 8 -- Marketing of Potatoes Act 1946
33. The Act amended 12
34. Section 22B amended 12
Division 9 -- Pearling Act 1990
35. The Act amended 12
36. Section 3 amended 13
37. Section 35 amended 13
38. Section 62A inserted 14
39. Various references to Executive Director changed to
CEO 14
Division 10 -- Plant Pests and Diseases
(Eradication Funds) Act 1974
40. The Act amended 15
41. Sections 5 and 8A amended 15
page ii
Machinery of Government (Miscellaneous Amendments) Bill 2003
Contents
Division 11 -- Soil and Land Conservation Act 1945
42. The Act amended 15
43. Section 4 amended 16
44. Section 25C amended 16
Division 12 -- Transitional provisions
45. References to the Executive Director 16
Part 3 -- Attorney General, and Justice
Division 1 -- Bail Act 1982
46. The Act amended 17
47. Section 3 amended 17
48. Section 66A amended 18
49. Various references to CEO (Justice) changed to CEO 18
Division 2 -- Children's Court of Western Australia
Act 1988
50. The Act amended 18
51. Section 3 amended 19
52. Section 28 amended 19
53. Section 33 replaced 19
54. Section 36 amended 20
55. Section 40 amended 20
56. Section 42 amended 20
57. Section 43 amended 21
Division 3 -- Commercial Tribunal Act 1984
58. The Act amended 21
59. Section 3 amended 21
60. Section 15 amended 21
Division 4 -- Evidence Act 1906
61. The Act amended 22
62. Section 61 amended 22
63. Section 106A amended 22
64. The Fifth Schedule amended 23
Division 5 -- Family Court Act 1997
65. The Act amended 23
66. Section 5 amended 23
67. Section 36 amended 24
page iii
Machinery of Government (Miscellaneous Amendments) Bill 2003
Contents
Division 6 -- Guardianship and Administration
Act 1990
68. The Act amended 24
69. Section 64 amended 24
Division 7 -- Juries Act 1957
70. The Act amended 24
71. Second Schedule amended 25
Division 8 -- Legal Representation of Infants
Act 1977
72. The Act amended 25
73. Section 5 amended 26
Division 9 -- Professional Standards Act 1997
74. The Act amended 26
75. Section 16 amended 26
Division 10 -- Small Claims Tribunals Act 1974
76. The Act amended 26
77. Section 4 amended 27
78. Section 14 amended 27
79. Section 33 amended 27
Division 11 -- Spent Convictions Act 1988
80. The Act amended 27
81. Schedule 3 amended 28
Division 12 -- Statutory Corporations (Liability of
Directors) Act 1996
82. The Act amended 28
83. Schedule 1 amended 28
Division 13 -- Suitors' Fund Act 1964
84. The Act amended 28
85. Section 4 amended 29
Part 4 -- Community Development,
Women's Interests, Seniors and
Youth, and Disability Services
Division 1 -- Adoption Act 1994
86. The Act amended 30
87. Section 4 amended 30
page iv
Machinery of Government (Miscellaneous Amendments) Bill 2003
Contents
Division 2 -- Child Welfare Act 1947
88. The Act amended 30
89. Section 4 amended 31
90. Section 6 amended 31
91. Section 9A amended 31
92. Various references to Director-General changed to
CEO 31
Division 3 -- Community Services Act 1972
93. The Act amended 33
94. Long title 33
95. Section 3 amended 33
96. Section 4 repealed 34
97. Section 5 amended 34
98. Section 6 replaced 34
99. Section 6A amended 36
100. Section 7 repealed 36
101. Section 8 amended 37
102. Section 10 amended 37
103. Section 11 repealed 37
104. Section 20 amended 37
105. Section 22 amended 37
106. Sections 23 and 24 amended 37
107. Various references to Director-General changed to
CEO 38
Division 4 -- Disability Services Act 1993
108. The Act amended 38
109. Section 15 amended 38
110. Section 30 amended 39
111. Section 52 amended 39
Division 5 -- Welfare and Assistance Act 1961
112. The Act amended 39
113. Section 4 amended 40
114. Section 30 amended 40
115. Various references to Director-General changed to
CEO 40
Division 6 -- Transitional provisions
116. The incorporated Minister 41
117. Director-General of Community Services 41
118. The Department 41
page v
Machinery of Government (Miscellaneous Amendments) Bill 2003
Contents
119. Interpretation 41
Part 5 -- Consumer and Employment
Protection
Division 1 -- Associations Incorporation Act 1987
120. The Act amended 42
121. Section 3 amended 42
122. Sections 39A to 39E inserted 43
Division 2 -- Builders' Registration Act 1939
123. The Act amended 45
124. Section 4A amended 45
125. Section 37 amended 46
Division 3 -- Business Names Act 1962
126. The Act amended 46
127. Section 4 amended 46
128. Section 4AA inserted 47
129. Sections 31A to 31D inserted 47
Division 4 -- Chattel Securities Act 1987
130. The Act amended 49
131. Section 3 amended 50
132. Section 3A inserted 50
133. Heading to Part IV inserted 51
134. Sections 30A to 30D inserted 51
Division 5 -- Companies (Co-operative) Act 1943
135. The Act amended 53
136. Section 3 amended 54
137. Division 1A inserted 54
138. Section 391 repealed and consequential amendments 56
Division 6 -- Competition Policy Reform (Western
Australia) Act 1996
139. The Act amended 57
140. Section 45 amended 57
141. Division 5 inserted 57
Division 7 -- Consumer Affairs Act 1971
142. The Act amended 60
143. Long title amended 60
144. Section 4 amended 60
145. Section 5 amended 60
page vi
Machinery of Government (Miscellaneous Amendments) Bill 2003
Contents
146. Heading to Part III replaced 60
147. Sections 15 to 17 replaced 61
148. Section 23 replaced 64
149. Section 24 replaced 65
150. Section 25 amended 66
Division 8 -- Co-operative and Provident Societies
Act 1903
151. The Act amended 66
152. Section 2 amended 67
153. Sections 67 to 71 inserted 67
Division 9 -- Credit Act 1984
154. The Act amended 70
155. Section 5 amended 70
Division 10 -- Credit (Administration) Act 1984
156. The Act amended 70
157. Section 4 amended 71
158. Section 10 amended 71
159. Section 53 replaced 71
160. Section 54 amended 73
161. Section 56 amended 73
162. Section 56A inserted 75
Division 11 -- Employers' Indemnity
Supplementation Fund Act 1980
163. The Act amended 75
164. Section 5 amended 75
Division 12 -- Employment Agents Act 1976
165. The Act amended 76
166. Section 4 amended 76
167. Section 9A inserted 76
168. Section 48 replaced 77
169. Section 49A inserted 78
Division 13 -- Fair Trading Act 1987
170. The Act amended 79
171. Section 5 amended 79
172. Section 73 amended 79
173. Section 75 amended 79
Division 14 -- Hire-Purchase Act 1959
174. The Act amended 80
page vii
Machinery of Government (Miscellaneous Amendments) Bill 2003
Contents
175. Section 2 amended 80
176. Section 18 amended 80
177. Section 23W replaced 81
178. Section 36C replaced 83
Division 15 -- Limited Partnerships Act 1909
179. The Act amended 83
180. Section 15 replaced 83
Division 16 -- Motor Vehicle Dealers Act 1973
181. The Act amended 84
182. Section 5 amended 84
183. Section 5AA inserted 85
184. Section 6 amended 85
Division 17 -- Motor Vehicle Repairers Act 2003
185. The Act amended 86
186. Section 3 amended 86
187. Section 7 replaced 87
Division 18 -- Petroleum Products Pricing Act 1983
188. The Act amended 87
189. Section 3 amended 88
190. Section 5 replaced 88
191. Section 7 amended 89
192. Section 23 amended 89
193. Section 24 amended 90
194. Section 26 amended 90
195. Section 27A amended 90
196. Section 27B amended 90
197. Section 28 amended 91
198. Section 29 amended 91
199. Section 31 amended 91
200. Section 31H amended 91
201. Sections 32A to 32C inserted 92
202. Section 33 amended 93
Division 19 -- Petroleum Retailers Rights and
Liabilities Act 1982
203. The Act amended 94
204. Section 3 amended 94
Division 20 -- Real Estate and Business Agents
Act 1978
205. The Act amended 94
page viii
Machinery of Government (Miscellaneous Amendments) Bill 2003
Contents
206. Sections 131H and 131K amended 95
Division 21 -- Residential Tenancies Act 1987
207. The Act amended 95
208. Section 3 amended 95
209. Section 7A inserted 96
210. Section 8 amended 96
211. Sections 11A and 11B inserted 97
212. Schedule 1 amended 98
Division 22 -- Retirement Villages Act 1992
213. The Act amended 98
214. Section 3 amended 98
215. Section 7A inserted 99
216. Section 8 amended 99
217. Sections 11A and 11B inserted 100
218. Sections 46, 57 and 58 amended 101
219. Section 78 repealed 101
Division 23 -- Travel Agents Act 1985
220. The Act amended 101
221. Section 3 amended 101
222. Section 42 amended 102
223. Section 43 amended 102
224. Section 47 amended 102
225. Section 49A inserted 103
226. Section 50 amended 103
227. Section 50A inserted 103
228. Section 52 amended 104
Division 24 -- Transitional provisions
229. Commissioner for Fair Trading 105
230. Commissioner for Corporate Affairs and Registrar of
Co-operative and Financial Institutions 107
231. Consumer Affairs Act 1971 107
232. Petroleum Products Pricing Act 1983 108
233. Interpretation 108
Part 6 -- Energy
Division 1 -- Electricity Act 1945
234. The Act amended 109
235. Section 5 amended 109
236. Section 32 amended 110
page ix
Machinery of Government (Miscellaneous Amendments) Bill 2003
Contents
Division 2 -- Energy Coordination Act 1994
237. The Act amended 110
238. Section 3 amended 111
239. Part 1A inserted 112
240. Section 4A amended 115
241. Heading to Part 2 amended 116
242. Sections 4 and 6 repealed 116
243. Section 8 amended 116
244. Section 9 amended 116
245. Section 10 amended 116
246. Section 11 amended 116
247. Section 11X amended 117
248. Section 11ZK amended 117
249. Heading to Part 2A Division 10 amended 117
250. Section 11ZO amended 117
251. Section 12 amended 117
252. Section 13 amended 118
253. Section 19 amended 118
254. Heading to Part 4 replaced and heading to Division 1
inserted 118
255. Heading to Division 2 inserted 118
256. Heading to Schedule 2 amended 119
257. Various references to Coordinator in Schedule 3
changed to Minister 119
Part 7 -- Environment
Division 1 -- Conservation and Land Management
Act 1984
258. The Act amended 120
259. Section 3 amended 120
260. Section 15 amended 121
261. Section 16A amended 121
262. Section 17 amended 121
263. Section 17A amended 121
264. Section 22 amended 121
265. Section 23 amended 122
266. Section 26D amended 122
267. Headings to Part IV and Division 1 replaced 122
268. Section 32 repealed 122
269. Section 33 amended 123
page x
Machinery of Government (Miscellaneous Amendments) Bill 2003
Contents
270. Section 34 repealed 123
271. Section 34A amended 123
272. Section 34B amended 124
273. Part IV Division 2 replaced 124
274. Section 42 repealed 126
275. Section 49 amended 126
276. Section 50 amended 126
277. Section 64 amended 127
278. Section 65 amended 127
279. Section 71 amended 127
280. Section 72 amended 127
281. Section 75 amended 127
282. Section 133 amended 127
283. Section 142 amended 128
284. Various references to Department changed to CEO 128
285. Various references to Executive Director changed to
CEO 128
Division 2 -- Environmental Protection Act 1986
286. The Act amended 130
287. Section 110H amended 130
Division 3 -- Litter Act 1979
288. The Act amended 130
289. Section 9 amended 130
290. Sections 15 and 16 amended 131
291. Section 26 amended 131
292. Third Schedule amended 131
Division 4 -- Sandalwood Act 1929
293. The Act amended 132
294. Section 3 amended 132
Division 5 -- Wildlife Conservation Act 1950
295. The Act amended 133
296. Section 6 amended 133
297. Various references to Executive Director changed to
CEO 133
Division 6 -- Zoological Parks Authority Act 2001
298. The Act amended 134
299. Section 33 amended 134
Division 7 -- Transitional provisions
300. Conservation and Land Management Act 1984 134
page xi
Machinery of Government (Miscellaneous Amendments) Bill 2003
Contents
Part 8 -- Health
Division 1 -- Dental Prosthetists Act 1985
301. The Act amended 137
302. Section 3 amended 137
303. Section 5 amended 137
304. Various references to Commissioner changed to CEO 137
Division 2 -- Health Act 1911
305. The Act amended 138
306. Section 3 amended 138
307. Heading to Part II Division 1 amended 139
308. Various references to Commissioner changed to CEO 139
Division 3 -- Health Legislation Administration
Act 1984
309. The Act amended 140
310. Section 3 amended 140
311. Section 6 amended 140
312. Section 9 amended 140
Division 4 -- Health Services (Conciliation and
Review) Act 1995
313. The Act amended 140
314. Section 3 amended 141
315. Section 13 amended 141
316. Section 25 amended 142
Division 5 -- Hospital Fund Act 1930
317. The Act amended 142
318. Section 3 amended 142
Division 6 -- Hospitals and Health Services
Act 1927
319. The Act amended 142
320. Section 2 amended 143
321. Various references to Commissioner changed to CEO 143
Division 7 -- Human Reproductive Technology
Act 1991
322. The Act amended 144
323. Section 3 amended 144
324. Section 13 amended 145
325. Various references to Commissioner of Health
changed to CEO 145
page xii
Machinery of Government (Miscellaneous Amendments) Bill 2003
Contents
Division 8 -- Medical Act 1894
326. The Act amended 147
327. Section 4 amended 147
Division 9 -- Mental Health Act 1996
328. The Act amended 147
329. Section 3 amended 148
330. Various references to Commissioner changed to CEO 148
Division 10 -- Nurses Act 1992
331. The Act amended 148
332. Section 4 amended 149
333. Section 9 amended 149
Division 11 -- Poisons Act 1964
334. The Act amended 149
335. Section 5 amended 150
336. Section 55E amended 150
337. Various references to Commissioner of Health
changed to CEO 150
Division 12 -- Tobacco Control Act 1990
338. The Act amended 151
339. Section 4 amended 151
340. Section 17 amended 152
341. Section 19 amended 152
342. Section 26 amended 152
343. Section 29 amended 152
Division 13 -- Transitional provisions
344. Commissioner of Health 153
Part 9 -- Housing and Works
Division 1 -- Country Housing Act 1998
345. The Act amended 154
346. Long title amended 154
347. Section 3 amended 154
348. Heading to Part 2 amended 154
349. Part 2 Division 1 repealed 154
350. Section 10 repealed 154
351. Section 11 amended 155
352. Section 12 repealed 155
353. Part 2 Division 3 repealed 155
354. Section 15 amended 155
page xiii
Machinery of Government (Miscellaneous Amendments) Bill 2003
Contents
355. Section 22 repealed 155
356. Schedule 1 repealed 155
Division 2 -- Government Employees' Housing
Act 1964
357. The Act amended 155
358. Long title amended 155
359. Section 4 amended 156
360. Section 5 amended 156
361. Section 6 repealed 156
362. Part II repealed 156
363. Section 18 amended 156
364. Section 19 amended 157
365. Section 21 repealed 157
366. Section 23 amended 157
367. Section 24 amended 157
368. Section 25 repealed 157
Division 3 -- Housing Act 1980
369. The Act amended 157
370. Long title amended 158
371. Section 5 amended 158
372. Heading to Part II amended 159
373. Heading to Part II Division 1 replaced 159
374. Section 6 amended 159
375. Section 7 amended 160
376. Sections 8 to 10 replaced 160
377. Heading to Part II Division 2 amended 161
378. Section 11 amended 161
379. Sections 11A and 11B inserted 161
380. Section 12 amended 163
381. Section 12A amended 163
382. Section 13 amended 164
383. Section 16 amended 164
384. Heading to Part II Division 3 amended 164
385. Section 17 amended 164
386. Section 18A inserted 165
387. Section 22 amended 166
388. Heading to Part IV amended 166
389. Section 50 amended 166
390. Section 62 amended 167
391. Section 69 replaced 167
page xiv
Machinery of Government (Miscellaneous Amendments) Bill 2003
Contents
392. References to Commission changed to Authority 167
Division 4 -- Public Works Act 1902
393. The Act amended 168
394. Section 2 amended 168
395. Section 9E amended 168
Division 5 -- State Supply Commission Act 1991
396. The Act amended 169
397. Section 30 amended 169
Division 6 -- Transitional matters
398. Financial reporting 169
399. References to former bodies 170
400. Government Employees' Housing Act 1964 170
401. Housing Act 1980 171
402. Interpretation 172
Part 10 -- Indigenous Affairs
Division 1 -- Aboriginal Affairs Planning Authority
Act 1972
403. The Act amended 173
404. Long title amended 173
405. Section 4 amended 173
406. Section 10 repealed 173
407. Section 16 repealed 173
408. Section 17 amended 174
409. Section 19 amended 174
410. Section 35 amended 174
411. Section 43 amended 175
412. Section 48 amended 175
413. Various references to Commissioner changed to CEO 175
Division 2 -- Transitional provisions
414. Aboriginal Affairs Planning Authority Act 1972 176
Part 11 -- Local Government and
Regional Development, and
Heritage
Division 1 -- Animal Welfare Act 2002
415. The Act amended 177
416. Section 5 amended 177
page xv
Machinery of Government (Miscellaneous Amendments) Bill 2003
Contents
417. Section 90 amended 177
418. Various references to Director General changed to
CEO 177
Division 2 -- Control of Vehicles (Off-road Areas)
Act 1978
419. The Act amended 178
420. Section 3 amended 178
421. Section 21 amended 178
422. Section 22 repealed 178
423. Section 38 amended 178
Division 3 -- Heritage of Western Australia
Act 1990
424. The Act amended 179
425. Section 14 amended 179
Division 4 -- Local Government Act 1995
426. The Act amended 179
427. Section 1.4 amended 180
428. Section 9.58 amended 180
429. Section 9.67 amended 180
430. Various references to Executive Director changed to
Departmental CEO 180
Division 5 -- Local Government Grants Act 1978
431. The Act amended 181
432. Section 3 amended 181
433. Section 5 amended 181
434. Section 6 amended 181
Division 6 -- Regional Development Commissions
Act 1993
435. The Act amended 182
436. Section 3 amended 182
437. Section 31 amended 182
Part 12 -- Planning and Infrastructure,
and Land Information
Division 1 -- Land Administration Act 1997
438. The Act amended 183
439. Section 3 amended 183
440. Section 8 amended 183
page xvi
Machinery of Government (Miscellaneous Amendments) Bill 2003
Contents
441. Section 30 amended 183
442. Section 202 amended 184
443. Section 259 amended 184
Division 2 -- Land Valuation Tribunals Act 1978
444. The Act amended 185
445. Section 6 amended 185
Division 3 -- Main Roads Act 1930
446. The Act amended 185
447. Section 31 amended 185
Division 4 -- Metropolitan Region Town Planning
Scheme Act 1959
448. The Act amended 186
449. Section 38 amended 186
Division 5 -- Valuation of Land Act 1978
450. The Act amended 186
451. Section 4 amended 187
Division 6 -- Western Australian Coastal Shipping
Commission Act 1965
452. The Act amended 187
453. Section 25 amended 187
Division 7 -- Western Australian Marine (Sea
Dumping) Act 1981
454. The Act amended 187
455. Section 14 amended 188
Division 8 -- Western Australian Planning
Commission Act 1985
456. The Act amended 188
457. Section 19 amended 188
458. Section 45 amended 188
Part 13 -- Police and Emergency
Services
Division 1 -- Bush Fires Act 1954
459. The Act amended 189
460. Section 7 amended 189
461. Section 28 amended 189
462. Section 34 amended 189
463. Section 37 amended 190
page xvii
Machinery of Government (Miscellaneous Amendments) Bill 2003
Contents
464. Section 58 amended 190
465. Section 66 amended 190
Division 2 -- Misuse of Drugs Act 1981
466. The Act amended 191
467. Section 38D amended 191
Part 14 -- Premier, and Public Sector
Management
Division 1 -- Constitution Acts Amendment
Act 1899
468. The Act amended 192
469. Schedule V amended 192
Division 2 -- Public Sector Management Act 1994
470. The Act amended 192
471. Schedule 2 amended 192
Part 15 -- Racing and Gaming
Division 1 -- Gaming Commission Act 1987
472. The Act amended 193
473. Section 9 amended 193
474. Section 110A amended 193
Division 2 -- Racing and Wagering Western
Australia Act 2003
475. The Act amended 193
476. Section 89 amended 194
Division 3 -- Racing Penalties (Appeals) Act 1990
477. The Act amended 194
478. Section 24 amended 194
Part 16 -- Sport and Recreation
Division 1 -- Boxing Control Act 1987
479. The Act amended 195
480. Section 12 amended 195
Division 2 -- Western Australian Sports Centre
Trust Act 1986
481. The Act amended 195
482. Section 15 amended 195
page xviii
Machinery of Government (Miscellaneous Amendments) Bill 2003
Contents
Part 17 -- Treasurer, and Government
Enterprises
Division 1 -- Anzac Day Act 1960
483. The Act amended 196
484. Section 10 amended 196
Division 2 -- Economic Regulation Authority Act
2003
485. The Act amended 196
486. Section 23 amended 197
Division 3 -- Financial Administration and Audit
Act 1985
487. The Act amended 197
488. Schedule 1 amended 197
Division 4 -- Gold Corporation Act 1987
489. The Act amended 198
490. Section 3 amended 198
491. Heading to Part II amended 198
492. Section 9 amended 198
493. Sections 9A, 9B and 9C inserted 199
494. Section 16 amended 201
495. Section 21 amended 201
496. Section 40 amended 202
497. Section 51 amended 202
498. Schedule 1 amended 202
Division 5 -- Insurance Commission of Western
Australia Act 1986
499. The Act amended 203
500. Division 3A inserted 203
Division 6 -- Lotteries Commission Act 1990
501. The Act amended 206
502. Sections 8A, 8B and 8C inserted 206
503. Section 22 amended 208
Division 7 -- Parliamentary Superannuation
Act 1970
504. The Act amended 208
505. Section 6 amended 208
page xix
Machinery of Government (Miscellaneous Amendments) Bill 2003
Contents
Division 8 -- Rates and Charges (Rebates and
Deferments) Act 1992
506. The Act amended 209
507. Section 3 amended 209
508. Section 6 amended 209
509. Section 46 amended 210
Division 9 -- Stamp Act 1921
510. The Act amended 210
511. Section 79 amended 210
Division 10 -- State Superannuation Act 2000
512. The Act amended 210
513. Sections 33A, 33B and 33C inserted 211
Division 11 -- Water Corporation Act 1995
514. The Act amended 213
515. Section 73 amended 213
Division 12 -- Western Australian Treasury
Corporation Act 1986
516. The Act amended 214
517. Section 3 amended 214
518. Section 5B amended 214
519. Section 8A amended 214
520. Section 9B inserted 215
521. Section 10 amended 215
522. Section 16HA inserted 215
523. Section 16PA inserted 216
524. Section 17A amended 216
525. Section 18 amended 216
526. Section 21A amended 216
527. Section 21B amended 217
528. Schedule 2 amended 217
529. Various references to Treasurer changed to Minister 217
Division 13 -- Transitional provisions
530. Western Australian Treasury Corporation Act 1986
and Gold Corporation Act 1987 218
Part 18 -- Various references to
Permanent Head amended
531. Various references to Permanent Head changed to
chief executive officer 220
page xx
Machinery of Government (Miscellaneous Amendments) Bill 2003
Contents
Part 19 -- General transitional
provisions
532. References to Department by a former name 221
533. References to chief executive officer by a former
name 221
page xxi
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Machinery of Government (Miscellaneous
Amendments) Bill 2003
A Bill for
An Act to amend various Acts to facilitate the efficient and flexible
organisation of the public sector, to amend various other Acts
consequentially, and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Machinery of Government
(Miscellaneous Amendments) Act 2003.
5 2. Commencement
(1) Subject to this section, this Act comes into operation on a day
fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
10 (3) If this Act receives the Royal Assent on or before the day on
which section 93 of the Energy Legislation Amendment
Act 2003 comes into operation, section 240 comes into
operation immediately after that section comes into operation.
(4) If this Act receives the Royal Assent after the day on which
15 section 93 of the Energy Legislation Amendment Act 2003
comes into operation, section 240 comes into operation
immediately after section 239 comes into operation.
3. Interpretation
In this Part --
20 "commencement" means the time at which this Act, or the
relevant provision of this Act, comes into operation;
"statutory rule" means a regulation, rule, local law or by-law.
4. Regulations -- power to amend certain statutory rules
(1) The Governor, on the recommendation of the Minister, may
25 make regulations amending a statutory rule made under an Act.
(2) The Minister may make a recommendation under subsection (1)
only if the Minister considers that each amendment proposed to
be made by the regulations is consequential on the enactment of
this Act.
page 2
Machinery of Government (Miscellaneous Amendments) Bill 2003
Preliminary Part 1
s. 5
(3) Nothing in this section prevents a statutory rule from being
amended in accordance with the Act under which it is made.
5. Regulations -- general
The Governor may make regulations dealing with matters of a
5 transitional nature (including matters of an application or
savings nature) relating to the transition from the application of
an Act amended by this Act as in force immediately before
commencement to the application of that Act as in force
immediately after commencement.
page 3
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 2 Agriculture, Forestry and Fisheries
Division 1 Agricultural Produce Commission Act 1988
s. 6
Part 2 -- Agriculture, Forestry and Fisheries
Division 1 -- Agricultural Produce Commission Act 1988
6. The Act amended
The amendments in this Division are to the Agricultural
5 Produce Commission Act 1988*.
[* Reprinted as at 5 April 2002.]
7. Section 7 amended
Section 7(2) is amended by deleting "at the Treasury forming"
and inserting instead --
10 " as ".
Division 2 -- Agriculture and Related Resources Protection
Act 1976
8. The Act amended
The amendments in this Division are to the Agriculture and
15 Related Resources Protection Act 1976*.
[* Reprinted as at 15 October 1999.
For subsequent amendments see Act No. 45 of 2002.]
9. Section 65 amended
Section 65(1) is amended as follows:
20 (a) by inserting after "61" --
"
and any other money lawfully received by, made
available to or payable to the Protection Board
";
25 (b) by deleting "to be kept in the Treasury".
page 4
Machinery of Government (Miscellaneous Amendments) Bill 2003
Agriculture, Forestry and Fisheries Part 2
Cattle Industry Compensation Act 1965 Division 3
s. 10
10. Section 94 amended
Section 94(1)(b)(iv) is deleted and the following subparagraph
is inserted instead --
"
5 (iv) the CEO as defined in section 3 of the
Conservation and Land Management
Act 1984, that any person is registered
as the holder of a permit, licence or
lease under Part VIII of that Act,
10 ".
Division 3 -- Cattle Industry Compensation Act 1965
11. The Act amended
The amendments in this Division are to the Cattle Industry
Compensation Act 1965*.
15 [* Reprinted as at 20 August 1999.
For subsequent amendments see Act No. 45 of 2002.]
12. Section 21 amended
Section 21(1) is amended by deleting "and kept at the Treasury,
forming" and inserting instead --
20 " , as ".
Division 4 -- Fisheries Adjustment Schemes Act 1987
13. The Act amended
The amendments in this Division are to the Fisheries
Adjustment Schemes Act 1987*.
25 [* Reprinted as at 3 May 2002.]
14. Section 5 amended
Section 5(1) is amended by deleting "and kept at the Treasury".
page 5
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 2 Agriculture, Forestry and Fisheries
Division 5 Fishing and Related Industries Compensation (Marine
Reserves) Act 1997
s. 15
15. Section 10 amended
Section 10 is amended by deleting "Fisheries".
16. Various references to Executive Director changed to CEO
Each provision listed in the Table to this section is amended by
5 deleting "Executive Director" in each place where it occurs and
inserting instead --
" CEO ".
Table
s. 8(3a) s. 14C(a)
s. 10C(7) s. 15(1) and (2)
Division 5 -- Fishing and Related Industries Compensation
10 (Marine Reserves) Act 1997
17. The Act amended
The amendments in this Division are to the Fishing and Related
Industries Compensation (Marine Reserves) Act 1997*.
[* Act No. 39 of 1997.]
15 18. Section 5 amended
(1) Section 5(5), (6), (7), (8) and (9) are amended by deleting
"Executive Director" and inserting instead --
" CEO ".
(2) Section 5(5) and (6) are amended by deleting "Executive
20 Director's" and inserting instead --
" CEO's ".
page 6
Machinery of Government (Miscellaneous Amendments) Bill 2003
Agriculture, Forestry and Fisheries Part 2
Fish Resources Management Act 1994 Division 6
s. 19
Division 6 -- Fish Resources Management Act 1994
19. The Act amended
The amendments in this Division are to the Fish Resources
Management Act 1994*.
5 [* Reprinted as at 28 April 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 147-8,
and Acts Nos. 54 of 2003 and 33 of 2002 .]
20. Section 4 amended
10 Section 4(1) is amended as follows:
(a) by inserting the following definition in the appropriate
alphabetical position --
"
"CEO" means the chief executive officer of the
15 Department;
";
(b) by deleting the definition of "Executive Director".
21. Section 10 repealed
Section 10 is repealed.
20 22. Section 238 amended
Section 238(2) is amended by deleting "to be kept at the
Treasury".
23. Sections 239, 241 and 242 amended
Sections 239(1), 241(1) and 242(1) are amended by deleting
25 "and kept at the Treasury".
page 7
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 2 Agriculture, Forestry and Fisheries
Division 6 Fish Resources Management Act 1994
s. 24
24. Various references to Executive Director changed to CEO
(1) Each provision listed in the Table to this subsection is amended
by deleting "Executive Director" in each place where it occurs
and inserting instead --
5 " CEO ".
Table
s. 7(1), (3), (4)(a) and (b), (5) s. 141(1)
and (6) s. 142(1), (2), (3), (4), (5) and
s. 13(1) and (2) (6)
s. 29(2)(a) s. 143(1) and (2)
s. 33(2)(a) s. 144(1), (2) and (3)
s. 37(2)(a) s. 145(1)
s. 58(2)(c), (h), (j) and (k) s. 147(1)
s. 61(1)(c) s. 148(1)
s. 62(s) s. 149(3) and (4)
s. 66(1) s. 150(b)
s. 68 s. 151(1), (2), (3) and (4)
s. 69(1)(b), (2) and (3) s. 152(3)
s. 71(2) s. 153(4)
s. 72(2) s. 177(1), (2) and (4)
s. 76(4)(a) and (b) s. 179(1), (3), (6) and (7)
s. 79(1) s. 196(1) and (2)
s. 80(1) s. 197(3) and (4)
s. 81(1)(b), (2) and (3) s. 201(1) and (4)
s. 83(1), (2) and (3) s. 217(1), (2) and (3)
s. 85 s. 219(1)
s. 87(1), (2)(b), (3) and (4) s. 224(1) and (2)
s. 92(1) and (3) s. 227(1)
s. 94(1) s. 238(4)(d)
s. 95(1)(b), (2) and (3) s. 244(1)(b)
s. 107(1) s. 246(1), (4), (5)(b) and (c)
s. 111 s. 249(1) and (2)
page 8
Machinery of Government (Miscellaneous Amendments) Bill 2003
Agriculture, Forestry and Fisheries Part 2
Forest Products Act 2000 Division 7
s. 25
s. 123(c) s. 257(2)(b), (c) and (e)
s. 130(b) and (d) s. 258(k) and (y)
s. 135(1), (2), (3) and (4) s. 262
s. 138(1) Sch. 1 cl. 2
s. 139(1) Sch. 1 cl. 3(1) and (2)
s. 140(1), (2), (3), (4) and (5)
(2) Each provision listed in the Table to this subsection is amended
by deleting "Executive Director's" in each place where it occurs
and inserting instead --
" CEO's ".
5 Table
s. 140(2)(a) s. 224(1)(b)
s. 177(3) s. 246(5)(a)
s. 179(5)
Note: The headings to sections 13, 147, 148, 151 and 262 will be altered by
deleting "Executive Director" and inserting instead "CEO".
Division 7 -- Forest Products Act 2000
25. The Act amended
10 The amendments in this Division are to the Forest Products
Act 2000*.
[* Act No. 34 of 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 149, and
15 Gazette 15 August 2003 p. 3685-92.]
page 9
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 2 Agriculture, Forestry and Fisheries
Division 7 Forest Products Act 2000
s. 26
26. Section 3 amended
Section 3 is amended as follows:
(a) by inserting the following definitions in the appropriate
alphabetical positions --
5 "
"CALM Act CEO" has the meaning given to "CEO"
by section 3 of the CALM Act;
"CALM Act Department" has the meaning given to
"Department" by section 3 of the CALM Act;
10 ";
(b) in the definition of "departmental land" in paragraph (c)
by deleting "Executive Director" and inserting
instead --
" CALM Act CEO ";
15 (c) by deleting the definitions of "Department" and
"Executive Director".
27. Section 6 amended
Section 6(3)(c) is amended by deleting "Department" and
inserting instead --
20 " CALM Act Department ".
28. Section 10 amended
Section 10(1) is amended as follows:
(a) in paragraph (l) by deleting "Department" and inserting
instead --
25 " CALM Act CEO ";
(b) in paragraph (l) by deleting "the Department's" and
inserting instead --
" that CEO's ";
page 10
Machinery of Government (Miscellaneous Amendments) Bill 2003
Agriculture, Forestry and Fisheries Part 2
Forest Products Act 2000 Division 7
s. 29
(c) in paragraph (m) by deleting "Department" and inserting
instead --
" CALM Act CEO ".
29. Section 42 amended
5 Section 42(2)(d) is amended by deleting "Department" and
inserting instead --
" CALM Act CEO ".
30. Section 57 amended
Section 57(2)(a)(ii) and (c) are amended by deleting
10 "Department's" and inserting instead --
" CALM Act CEO's ".
31. Section 59 amended
Section 59(1)(b) and (c) are amended by deleting "Department"
and inserting instead --
15 " CALM Act CEO ".
32. Various references to Executive Director changed to CALM
Act CEO
Each provision listed in the Table to this section is amended by
deleting "Executive Director" in each place where it occurs and
20 inserting instead --
" CALM Act CEO ".
Table
s. 6(3)(c) s. 57(2)(a) and (b)
s. 10(1)(e), (k) and (o) s. 59(1)(d) and (2)
and (3)(e)
page 11
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 2 Agriculture, Forestry and Fisheries
Division 8 Marketing of Potatoes Act 1946
s. 33
Division 8 -- Marketing of Potatoes Act 1946
33. The Act amended
The amendments in this Division are to the Marketing of
Potatoes Act 1946*.
5 [* Reprinted as at 7 January 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 236, and
Gazette 15 August 2003 p. 3685-92.]
34. Section 22B amended
10 (1) Section 22B(5) is amended by deleting "Commissioner for
Health" and inserting instead --
" CEO (Health) ".
(2) After section 22B(9) the following subsection is inserted --
"
15 (10) In this section --
"CEO (Health)" has the meaning given to "CEO" by
section 3 of the Health Legislation Administration
Act 1984.
".
20 Division 9 -- Pearling Act 1990
35. The Act amended
The amendments in this Division are to the Pearling Act 1990*.
[* Reprinted as at 3 November 2000.
For subsequent amendments see Act No. 54 of 2000.]
page 12
Machinery of Government (Miscellaneous Amendments) Bill 2003
Agriculture, Forestry and Fisheries Part 2
Pearling Act 1990 Division 9
s. 36
36. Section 3 amended
Section 3(1) is amended as follows:
(a) by inserting the following definitions in the appropriate
alphabetical positions --
5 "
"CEO" means the chief executive officer of the
Department;
"Department" has the meaning given by section 4(1)
of the Fish Resources Management Act 1994;
10 ";
(b) by deleting the definitions of "Executive Director" and
"the Department";
(c) in the definition of "Fisheries Research and
Development Fund" by deleting "established under
15 section 35L of the Fisheries Act 1905" and inserting
instead --
"
in existence under section 238 of the Fish
Resources Management Act 1994
20 ".
37. Section 35 amended
Section 35(2) is amended by deleting "an inspector of fisheries
appointed under section 5(1c) of the Fisheries Act 1905" and
inserting instead --
25 "
a fisheries officer as defined in section 4(1) of the Fish
Resources Management Act 1994
".
page 13
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 2 Agriculture, Forestry and Fisheries
Division 9 Pearling Act 1990
s. 38
38. Section 62A inserted
After section 62 the following section is inserted --
"
62A. Delegation by CEO
5 (1) The CEO may delegate to an employee of the
Department any power or duty of the CEO under
another provision of this Act.
(2) The delegation must be in writing signed by the CEO.
(3) A person to whom a power or duty is delegated under
10 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
be taken to do so in accordance with the terms of the
delegation unless the contrary is shown.
15 (5) Nothing in this section limits the ability of the CEO to
perform a function through an officer or agent.
".
39. Various references to Executive Director changed to CEO
Each provision listed in the Table to this section is amended by
20 deleting "Executive Director" in each place where it occurs and
inserting instead --
" CEO ".
Table
s. 8(5) s. 32(3), (4), (5)(a) and (b), (6)
s. 12(1), (2) and (3) and (7)
s. 16 s. 33(1), (2) and (10)(b)
s. 17(1) s. 34
s. 22(1), (2) and (3) s. 35(1) and (3)
s. 23(1), (2), (5), (6), (7) and s. 37(3) and (4)
(8) s. 38(2)
page 14
Machinery of Government (Miscellaneous Amendments) Bill 2003
Agriculture, Forestry and Fisheries Part 2
Plant Pests and Diseases (Eradication Funds) Act 1974 Division 10
s. 40
s. 24(1) and (3) s. 52(1)
s. 26(1) and (2)(a)(ii) s. 53(3)
s. 27(2), (4), (5) and (6) s. 55(1), (2), (4), (5) and (6)
s. 28(1) and (2) s. 61
s. 30(2) and (3) Sch. 3 cl. 4(1)
s. 31(1)(c) Sch. 3 cl. 5
Note: The heading to section 12 will be altered by deleting "Executive
Director" and inserting instead "CEO".
Division 10 -- Plant Pests and Diseases (Eradication Funds)
Act 1974
5 40. The Act amended
The amendments in this Division are to the Plant Pests and
Diseases (Eradication Funds) Act 1974*.
[* Reprinted as at 30 July 1999.
For subsequent amendments see Western Australian
10 Legislation Information Tables for 2002, Table 1, p. 299 and
Act No. 57 of 2003.]
41. Sections 5 and 8A amended
Sections 5(1) and 8A(1) are amended by deleting "and kept at
the Treasury, forming" and inserting instead --
15 " , as ".
Division 11 -- Soil and Land Conservation Act 1945
42. The Act amended
The amendments in this Division are to the Soil and Land
Conservation Act 1945*.
20 [* Reprint 6 as at 3 October 2003.]
page 15
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 2 Agriculture, Forestry and Fisheries
Division 12 Transitional provisions
s. 43
43. Section 4 amended
Section 4 is amended in the definition of "Public Authority" in
paragraph (f) by deleting "Executive Director within the
meaning" and inserting instead --
5 " CEO as defined in section 3 ".
44. Section 25C amended
Section 25C(1) is amended by deleting "at the Treasury,
forming" and inserting instead --
" , as ".
10 Division 12 -- Transitional provisions
45. References to the Executive Director
(1) After commencement, a reference in a written law that is, or is
to be taken to be, to the Executive Director (as defined in the
Fish Resources Management Act 1994 as in force before
15 commencement) is to have effect as if it had been amended to
be a reference to the CEO (as defined in the Fish Resources
Management Act 1994 as in force after commencement).
(2) Subsection (1) does not apply if a contrary intention appears or
the context otherwise requires.
20 (3) In this section --
"commencement" means the time at which section 20 comes
into operation.
page 16
Machinery of Government (Miscellaneous Amendments) Bill 2003
Attorney General, and Justice Part 3
Bail Act 1982 Division 1
s. 46
Part 3 -- Attorney General, and Justice
Division 1 -- Bail Act 1982
46. The Act amended
The amendments in this Division are to the Bail Act 1982*.
5 [* Reprinted as at 27 August 1999.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 28, and
Act No. 50 of 2003.]
47. Section 3 amended
10 (1) Section 3(1) is amended as follows:
(a) by inserting the following definitions in the appropriate
alphabetical positions --
"
"CEO" means the chief executive officer of the
15 Department;
"Department" means the department of the Public
Service principally assisting in the administration
of this Act;
";
20 (b) in the definition of "authorized community services
officer" in paragraph (a) by deleting "(Justice)" in both
places where it occurs;
(c) by deleting the definition of "CEO (Justice)".
(2) Section 3(5) is amended by deleting "department of which he is
25 the chief executive officer" and inserting instead --
" Department ".
page 17
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 3 Attorney General, and Justice
Division 2 Children's Court of Western Australia Act 1988
s. 48
48. Section 66A amended
Section 66A(2) is amended by deleting "department of which
the CEO (Justice) is the chief executive officer" and inserting
instead --
5 " Department ".
49. Various references to CEO (Justice) changed to CEO
Each provision listed in the Table to this section is amended by
deleting "CEO (Justice)" in each place where it occurs and
inserting instead --
10 " CEO ".
Table
s. 3(5) s. 50E
s. 24A(4) s. 50F(1), (3), (4) and (5)
s. 27A s. 50H
s. 50A s. 50J
s. 50C(4)(a) and (b) s. 50L(1)
s. 50D(1)(a) Sch. 1 Part D cl. 3(3)(e)
Note: The headings to sections 27A, 50A, 50E, 50F and 50J will be altered
by deleting "(Justice)".
Division 2 -- Children's Court of Western Australia Act 1988
15 50. The Act amended
The amendments in this Division are to the Children's Court of
Western Australia Act 1988*.
[* Reprinted as at 25 August 2000.
For subsequent amendments see Western Australian
20 Legislation Information Tables for 2002, Table 1, p. 54.]
page 18
Machinery of Government (Miscellaneous Amendments) Bill 2003
Attorney General, and Justice Part 3
Children's Court of Western Australia Act 1988 Division 2
s. 51
51. Section 3 amended
Section 3 is amended as follows:
(a) by inserting the following definitions in the appropriate
alphabetical positions --
5 "
"CEO" means the chief executive officer of the
Department;
"Department" means the department of the Public
Service principally assisting in the administration
10 of this Act;
";
(b) by deleting the definition of "CEO (Justice)".
52. Section 28 amended
Section 28(2)(a) is deleted and the following paragraph is
15 inserted instead --
"
(a) the CEO or the CEO as defined in section 3 of
the Community Services Act 1972;
".
20 53. Section 33 replaced
Section 33 is repealed and the following section is inserted
instead --
"
33. CEOs or officers may take part in proceedings
25 (1) An officer listed in subsection (2) may be present at the
hearing in the Court of any complaint against, or
application or other proceeding concerning, a child
and, if present, is entitled to examine and
cross-examine witnesses and to be heard concerning
30 the remand, punishment or disposal of the child.
page 19
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 3 Attorney General, and Justice
Division 2 Children's Court of Western Australia Act 1988
s. 54
(2) For the purposes of subsection (1), the officers are --
(a) the CEO;
(b) an officer of the Department who is authorised
by the CEO referred to in paragraph (a);
5 (c) the CEO as defined in section 3 of the
Community Services Act 1972;
(d) an officer of the Department, as defined in
section 3 of the Community Services Act 1972,
who is authorised by the CEO referred to in
10 paragraph (c).
".
54. Section 36 amended
Section 36(1)(c) is amended by deleting "department
established under section 4" and inserting instead --
15 " Department as defined in section 3 ".
55. Section 40 amended
Section 40(2)(b) is amended by deleting "CEO (Justice)" and
inserting instead --
" CEO ".
20 56. Section 42 amended
(1) Section 42(1)(aa) is deleted and the following paragraph is
inserted instead --
"
(aa) the CEO as defined in section 3 of the
25 Community Services Act 1972;
".
page 20
Machinery of Government (Miscellaneous Amendments) Bill 2003
Attorney General, and Justice Part 3
Commercial Tribunal Act 1984 Division 3
s. 57
(2) Section 42(2) is amended by deleting "department established
under section 4 of the Community Services Act 1972 (if the
Director-General is not the applicant)" and inserting instead --
"
5 Department as defined in section 3 of the Community
Services Act 1972 (if the chief executive officer of that
Department is not the applicant)
".
57. Section 43 amended
10 Section 43(4)(aa) is deleted and the following paragraph is
inserted instead --
"
(aa) the CEO as defined in section 3 of the
Community Services Act 1972;
15 ".
Division 3 -- Commercial Tribunal Act 1984
58. The Act amended
The amendments in this Division are to the Commercial
Tribunal Act 1984*.
20 [* Reprinted as at 10 May 2002.]
59. Section 3 amended
Section 3 is amended by deleting the definition of
"Commissioner".
60. Section 15 amended
25 Section 15(4) is amended by inserting after "Commissioner" --
"
(as defined in section 4(1) of the Consumer Affairs
Act 1971)
".
page 21
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 3 Attorney General, and Justice
Division 4 Evidence Act 1906
s. 61
Division 4 -- Evidence Act 1906
61. The Act amended
The amendments in this Division are to the Evidence Act 1906*.
[* Reprint 12 as at 10 October 2003.]
5 62. Section 61 amended
Section 61 is amended as follows:
(a) by deleting "Head of any department of the
Government" and inserting instead --
"
10 chief executive officer of any department of the Public
Service
";
(b) by deleting "or board" in the first place where it occurs
and inserting instead --
15 " , listed ";
(c) by deleting "board" in the second place where it occurs
and inserting instead --
" body ".
63. Section 106A amended
20 Section 106A is amended in the definition of "defendant" in
paragraph (a)(i) by deleting "the department established under
section 4" and inserting instead --
" the Department as defined in section 3 ".
page 22
Machinery of Government (Miscellaneous Amendments) Bill 2003
Attorney General, and Justice Part 3
Family Court Act 1997 Division 5
s. 64
64. The Fifth Schedule amended
The Fifth Schedule is amended by deleting all the items from
and including the item relating to the Lands and Surveys
Department and inserting instead --
5 "
Any department of the The chief executive officer of
Public Service that department
Any body, whether The chief executive officer,
incorporated or not, that is the chief employee, the
established for a public chairman or the secretary
purpose by a written law (whichever is relevant) of the
body
The Police Force The Commissioner of Police
".
Division 5 -- Family Court Act 1997
65. The Act amended
The amendments in this Division are to the Family Court
10 Act 1997*.
[* Reprint 4 as at 15 August 2003.]
66. Section 5 amended
Section 5 is amended as follows:
(a) by deleting the definition of "Director-General" and
15 inserting instead --
"
"Director-General" has the meaning given to "CEO"
by section 3 of the Community Services Act 1972;
";
20 (b) by deleting the definition of "Department".
page 23
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 3 Attorney General, and Justice
Division 6 Guardianship and Administration Act 1990
s. 67
67. Section 36 amended
Section 36(7)(b) is amended by inserting after "Department" --
" as defined in section 3 of the Community Services Act 1972 ".
Division 6 -- Guardianship and Administration Act 1990
5 68. The Act amended
The amendments in this Division are to the Guardianship and
Administration Act 1990*.
[* Reprinted as at 22 November 2002.]
69. Section 64 amended
10 Section 64(3)(c) is amended as follows:
(a) by deleting "Director-General of the department
established under section 4" and inserting instead --
" CEO as defined in section 3 ";
(b) by deleting "Director-General" in the second place
15 where it occurs and inserting instead --
" CEO ".
Division 7 -- Juries Act 1957
70. The Act amended
The amendments in this Division are to the Juries Act 1957*.
20 [* Reprinted as at 3 July 2000.
For subsequent amendments see Acts Nos. 25 and 50 of
2003.]
page 24
Machinery of Government (Miscellaneous Amendments) Bill 2003
Attorney General, and Justice Part 3
Legal Representation of Infants Act 1977 Division 8
s. 71
71. Second Schedule amended
(1) The Second Schedule Part I item 2(i) is deleted and the
following item is inserted instead --
"
5 (i) Officer or employee of the department of the Public
Service principally assisting in the administration of
this Act, other than an officer in the Public Trust
Office;
".
10 (2) The Second Schedule Part I item 2(k) is deleted and the
following item is inserted instead --
"
(k) Officer or employee of the Department as defined in
section 3 of the Community Services Act 1972;
15 ".
(3) The Second Schedule Part I item 2(l) is deleted and the
following item is inserted instead --
"
(l) Officer or employee of the department of the Public
20 Service principally assisting in the administration of
the Police Act 1892;
".
Division 8 -- Legal Representation of Infants Act 1977
72. The Act amended
25 The amendments in this Division are to the Legal
Representation of Infants Act 1977*.
[* Reprint 1 as at 16 May 2003.]
page 25
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 3 Attorney General, and Justice
Division 9 Professional Standards Act 1997
s. 73
73. Section 5 amended
Section 5(5) is amended as follows:
(a) by deleting "Director-General of the department
established under section 4" and inserting instead --
5 " CEO as defined in section 3 ";
(b) by deleting "Director-General" in the second place
where it occurs and inserting instead --
" CEO ".
Division 9 -- Professional Standards Act 1997
10 74. The Act amended
The amendments in this Division are to the Professional
Standards Act 1997*.
[* Act No. 22 of 1997.]
75. Section 16 amended
15 Section 16(2) is amended as follows:
(a) by deleting "at either";
(b) in paragraph (a) by deleting "the Treasury and";
(c) in paragraph (b) by inserting before "a bank" --
" at ".
20 Division 10 -- Small Claims Tribunals Act 1974
76. The Act amended
The amendments in this Division are to the Small Claims
Tribunals Act 1974*.
[* Reprinted as at 2 July 1999.
25 For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 358.]
page 26
Machinery of Government (Miscellaneous Amendments) Bill 2003
Attorney General, and Justice Part 3
Spent Convictions Act 1988 Division 11
s. 77
77. Section 4 amended
Section 4(1) is amended by deleting the definition of
"Commissioner for Consumer Affairs".
78. Section 14 amended
5 Section 14(4)(b) is amended by deleting "Commissioner for
Fair Trading" and inserting instead --
"
Commissioner as defined in section 4(1) of the
Consumer Affairs Act 1971
10 ".
79. Section 33 amended
Section 33(1a) is amended by deleting "of Consumer Affairs"
and inserting instead --
" as defined in section 4(1) of the Consumer Affairs Act 1971 ".
15 Division 11 -- Spent Convictions Act 1988
80. The Act amended
The amendments in this Division are to the Spent Convictions
Act 1988*.
[* Reprinted as at 1 September 2000.
20 For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 362, and
Act No. 50 of 2003.]
page 27
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 3 Attorney General, and Justice
Division 12 Statutory Corporations (Liability of Directors) Act 1996
s. 81
81. Schedule 3 amended
Schedule 3 clause 1 item 10 of the Table is amended by deleting
"Community and Juvenile Justice Division or the Prisons
Division of the Department of Justice" and inserting instead --
5 "
department of the Public Service principally
assisting in the administration of this Act
".
Division 12 -- Statutory Corporations (Liability of Directors)
Act 1996
82. The Act amended
10 The amendment in this Division is to the Statutory Corporations
(Liability of Directors) Act 1996*.
[* Reprinted as at 10 August 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 373, and
15 Acts Nos. 31 and 35 of 2003.]
83. Schedule 1 amended
Schedule 1 is amended by deleting the items relating to the
Country Housing Authority and the State Housing Commission.
Division 13 -- Suitors' Fund Act 1964
20 84. The Act amended
The amendments in this Division are to the Suitors' Fund
Act 1964*.
[* Reprinted as at 29 October 1999.
For subsequent amendments see Act No. 20 of 2003.]
page 28
Machinery of Government (Miscellaneous Amendments) Bill 2003
Attorney General, and Justice Part 3
Suitors' Fund Act 1964 Division 13
s. 85
85. Section 4 amended
(1) Section 4(1) is amended by deleting "and kept at the Treasury,
forming" and inserting instead --
" , as ".
5 (2) Section 4(2) is repealed and the following subsection is inserted
instead --
"
(2) The following shall be credited to the Fund --
(a) the amounts referred to in section 6(2); and
10 (b) any other moneys lawfully received by, made
available to, or payable to the Board.
".
page 29
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 4 Community Development, Women's Interests, Seniors and
Youth, and Disability Services
Division 1 Adoption Act 1994
s. 86
Part 4 -- Community Development, Women's
Interests, Seniors and Youth, and Disability Services
Division 1 -- Adoption Act 1994
86. The Act amended
5 The amendments in this Division are to the Adoption Act 1994*.
[* Reprinted as at 2 January 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 6, and
Act No. 8 of 2003.]
10 87. Section 4 amended
Section 4(1) is amended as follows:
(a) by deleting the definition of "Department" and inserting
instead --
"
15 "Department" has the meaning given by section 3 of
the Community Services Act 1972;
";
(b) by deleting the definition of "Director-General" and
inserting instead --
20 "
"Director-General" means the chief executive officer
of the Department;
".
Division 2 -- Child Welfare Act 1947
25 88. The Act amended
The amendments in this Division are to the Child Welfare
Act 1947*.
[* Reprinted as at 20 September 2002.]
page 30
Machinery of Government (Miscellaneous Amendments) Bill 2003
Community Development, Women's Interests, Seniors and Part 4
Youth, and Disability Services
Child Welfare Act 1947 Division 2
s. 89
89. Section 4 amended
Section 4(1) is amended as follows:
(a) by inserting the following definition in the appropriate
alphabetical position --
5 "
"CEO" means the chief executive officer of the
Department;
";
(b) by deleting the definition of "Department" and inserting
10 instead --
"
"Department" has the meaning given by section 3 of
the Community Services Act 1972;
";
15 (c) by deleting the definition of "Director-General".
90. Section 6 amended
Section 6(1a) is repealed.
91. Section 9A amended
Section 9A(1) is amended by deleting "Director-General, to the
20 Assistant Director-General of the Department, or to each of
them, as he thinks fit," and inserting instead --
" CEO ".
92. Various references to Director-General changed to CEO
Each provision listed in the Table to this section is amended by
25 deleting "Director-General" in each place where it occurs and
inserting instead --
" CEO ".
Table
s. 4(2), (3) and (4) s. 112(3)
page 31
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 4 Community Development, Women's Interests, Seniors and
Youth, and Disability Services
Division 2 Child Welfare Act 1947
s. 92
s. 6(1) s. 113(2)
s. 9B(1)(b) s. 115(1)
s. 10(1) and (2) s. 117(3)
s. 10A s. 120(1)
s. 10B s. 120B(1) (defn. of "working
s. 10C(1) (defns. of day")
"corresponding authority" s. 120C(1), (2), (3) and (4)
and "relevant information"), s. 120D
(2) and (3) s. 120E(1) and (2)
s. 11 s. 120F(1) and (4)
s. 18A s. 120G
s. 29(2)(c) and (3aa)(c) s. 120H
s. 31 s. 120I
s. 44 s. 120K
s. 44A(1) and (2) s. 120L(2)(a)
s. 46 s. 120M(1)(a)
s. 47(1) s. 120N
s. 50(1) and (2) s. 120O(1) and (2)
s. 54(1) s. 120Q(2)(a)
s. 55(1) s. 120R(1), (2) and (3)
s. 56 s. 120S
s. 60 s. 120V(1)(a)
s. 61 s. 120Z(1) and (2)
s. 64(1) s. 120ZA(1) and (2)
s. 66C s. 125(a), (b) and (c)
s. 67(2) and (5) s. 127(a) and (c)
s. 107A(4), (5) and (8)(a) s. 130(3)
s. 107B(4), (5) and (8)(a) s. 138A
s. 109 s. 146A(1)
s. 111 s. 146C(1)
Note: The headings to sections 6, 10, 10A, 10B, 44A, 56, 66C, 109,
120, 120C, 120D, 120K and 120ZA will be altered by deleting
"Director-General" and inserting instead "CEO".
page 32
Machinery of Government (Miscellaneous Amendments) Bill 2003
Community Development, Women's Interests, Seniors and Part 4
Youth, and Disability Services
Community Services Act 1972 Division 3
s. 93
Division 3 -- Community Services Act 1972
93. The Act amended
The amendments in this Division are to the Community Services
Act 1972*.
5 [* Reprinted as at 5 April 2002.]
94. Long title
The long title is amended by deleting "to make provision for the
establishment of a Department for Family and Children's
Services,".
10 95. Section 3 amended
Section 3 is amended as follows:
(a) by inserting the following definitions in the appropriate
alphabetical positions --
"
15 "CEO" means the chief executive officer of the
Department;
"Ministerial Body" means the Community
Development Ministerial Body established by
section 6;
20 ";
(b) by deleting the definition of "Department" and inserting
instead --
"
"Department" means the department of the Public
25 Service principally assisting in the administration
of this Act;
";
(c) by deleting the definition of "Director-General".
page 33
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 4 Community Development, Women's Interests, Seniors and
Youth, and Disability Services
Division 3 Community Services Act 1972
s. 96
96. Section 4 repealed
Section 4 is repealed.
97. Section 5 amended
Section 5(2) is amended by deleting "and he shall be the chief
5 executive officer of the Department".
98. Section 6 replaced
Section 6 is repealed and the following sections are inserted
instead --
"
10 6. The Community Development Ministerial Body
(1) The Community Development Ministerial Body is
established.
(2) The Ministerial Body is a body corporate with
perpetual succession.
15 (3) Proceedings may be taken by or against the Ministerial
Body in its corporate name.
(4) The Ministerial Body is to be governed by the
Minister.
(5) The Ministerial Body is an agent of the State and has
20 the status, immunities and privileges of the State.
6AA. Purpose and nature of the Ministerial Body
(1) The Ministerial Body is established to provide a body
corporate through which the Minister can perform any
of the Minister's functions under this Act that can more
25 conveniently be performed by a body corporate than an
individual.
(2) Despite the employment under the Public Sector
Management Act 1994 of ministerial officers for the
purpose of assisting the Minister to perform functions
page 34
Machinery of Government (Miscellaneous Amendments) Bill 2003
Community Development, Women's Interests, Seniors and Part 4
Youth, and Disability Services
Community Services Act 1972 Division 3
s. 98
that the Minister performs through the Ministerial
Body, the Ministerial Body and those officers are not
an organisation for the purposes of that Act.
6AB. Execution of documents by the Ministerial Body
5 (1) The Ministerial Body is to have a common seal.
(2) A document is duly executed by the Ministerial Body
if --
(a) the common seal of the Ministerial Body is
affixed to it in accordance with subsections (3)
10 and (4);
(b) it is signed on behalf of the Ministerial Body by
the Minister; or
(c) it is signed on behalf of the Ministerial Body,
as authorised under subsection (5), by the CEO
15 or another officer of the Department.
(3) The common seal of the Ministerial Body is not to be
affixed to a document except as authorised by the
Ministerial Body.
(4) The common seal of the Ministerial Body is to be
20 affixed to a document in the presence of the Minister,
and the Minister is to sign the document to attest that
the common seal was so affixed.
(5) The Ministerial Body may, by writing under its
common seal, authorise the CEO or another officer of
25 the Department to sign documents on behalf of the
Ministerial Body, either generally or subject to any
conditions or restrictions specified in the authorisation.
(6) A document purporting to be executed in accordance
with this section is to be presumed to be duly executed
30 until the contrary is shown.
page 35
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 4 Community Development, Women's Interests, Seniors and
Youth, and Disability Services
Division 3 Community Services Act 1972
s. 99
(7) A document executed by the CEO or another person
under this section without the common seal of the
Ministerial Body is not to be regarded as a deed unless
it is executed as a deed as authorised under
5 subsection (5).
(8) When a document is produced bearing a seal
purporting to be the common seal of the Ministerial
Body, it is to be presumed that the seal is the common
seal of the Ministerial Body until the contrary is
10 shown.
(9) For the purposes of this Act, a facsimile of --
(a) the Ministerial Body's common seal; or
(b) the signature of the Minister or a person
authorised under subsection (5) to execute
15 deeds or other documents,
may be used, and a deed or other document purporting
to be endorsed with such a facsimile is, until the
contrary is shown, to be regarded as bearing the
facsimile under this subsection.
20 ".
99. Section 6A amended
After section 6A(1) the following subsection is inserted --
"
(1a) Without limiting the things that may be delegated to
25 the CEO under subsection (1), they include things that
are to be done in the course of governing the affairs of
the Ministerial Body under section 6(4).
".
100. Section 7 repealed
30 Section 7 is repealed.
page 36
Machinery of Government (Miscellaneous Amendments) Bill 2003
Community Development, Women's Interests, Seniors and Part 4
Youth, and Disability Services
Community Services Act 1972 Division 3
s. 101
101. Section 8 amended
(1) Section 8(1) and (2) are repealed.
(2) Section 8(3) is amended by deleting "Department" and inserting
instead --
5 " CEO ".
(3) Section 8(4) is amended by deleting "Department to carry out
effectively its" and inserting instead --
" CEO to carry out effectively the CEO's ".
102. Section 10 amended
10 Section 10 is amended by deleting "Department are" and
inserting instead --
" CEO include ".
103. Section 11 repealed
Section 11 is repealed.
15 104. Section 20 amended
Section 20(1) is amended by inserting after "powers or
functions" --
" under this or any other Act ".
105. Section 22 amended
20 Section 22(1) is amended by deleting "and the Department".
106. Sections 23 and 24 amended
Sections 23 and 24 are amended by deleting "Director-General,
the Assistant Director-General" and inserting instead --
" CEO ".
page 37
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 4 Community Development, Women's Interests, Seniors and
Youth, and Disability Services
Division 4 Disability Services Act 1993
s. 107
107. Various references to Director-General changed to CEO
Each provision listed in the Table to this section is amended by
deleting "Director-General" in each place where it occurs and
inserting instead --
5 " CEO ".
Table
s. 3 (defn. of "delegate") s. 17C(1), (2) and (4)(b)
s. 5(2) s. 17D(4)
s. 13 s. 18
s. 14(1) and (2) s. 19(1), (2) and (3)
s. 15(a) and (b) s. 20(1), (2), (3), (4), (5) and
s. 16 (6)
s. 17B(1), (2), (3), (4), (5) and s. 22(1)
(6) s. 25(m)
Note: The headings to sections 13, 14 and 17B will be altered by deleting
"Director-General" and inserting instead "CEO".
Division 4 -- Disability Services Act 1993
10 108. The Act amended
The amendments in this Division are to the Disability Services
Act 1993*.
[* Reprinted as at 26 May 2000.
For subsequent amendments see Western Australian
15 Legislation Information Tables for 2002, Table 1, p. 105.]
109. Section 15 amended
Section 15(2) is amended as follows:
(a) by deleting "at either";
(b) in paragraph (a) by deleting "the Treasury and";
page 38
Machinery of Government (Miscellaneous Amendments) Bill 2003
Community Development, Women's Interests, Seniors and Part 4
Youth, and Disability Services
Welfare and Assistance Act 1961 Division 5
s. 110
(c) in paragraph (b) by inserting before "a bank" --
" at ".
110. Section 30 amended
Section 30 is amended by deleting the definition of "Health
5 Department" and inserting instead --
"
"Health Department" has the meaning given to
"Department" by section 3 of the Health
Legislation Administration Act 1984;
10 ".
111. Section 52 amended
(1) Section 52(1)(bc)(i) is amended by deleting "Director-General"
and inserting instead --
"
15 CEO as defined in section 4(1) of the
Child Welfare Act 1947
".
(2) Section 52(3) is amended by deleting ", "Department", and
"Director-General" " and inserting instead --
20 " and "Department" ".
Division 5 -- Welfare and Assistance Act 1961
112. The Act amended
The amendments in this Division are to the Welfare and
Assistance Act 1961*.
25 [* Reprinted as at 16 November 2001.]
page 39
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 4 Community Development, Women's Interests, Seniors and
Youth, and Disability Services
Division 5 Welfare and Assistance Act 1961
s. 113
113. Section 4 amended
Section 4 is amended as follows:
(a) by inserting the following definition in the appropriate
alphabetical position --
5 "
"CEO" means the chief executive officer of the
Department;
";
(b) by deleting the definition of "Department" and inserting
10 instead --
"
"Department" has the meaning given by section 3 of
the Community Services Act 1972;
";
15 (c) by deleting the definition of "Director-General".
114. Section 30 amended
Section 30(1) is amended by deleting "Director-General or
Assistant Director-General" and inserting instead --
" CEO ".
20 115. Various references to Director-General changed to CEO
Each provision listed in the Table to this section is amended by
deleting "Director-General" in each place where it occurs and
inserting instead --
" CEO ".
25 Table
s. 7(1) s. 31
s. 9(1) s. 32
s. 15(1)(a) and (3) s. 33
s. 18(1) and (2)
page 40
Machinery of Government (Miscellaneous Amendments) Bill 2003
Community Development, Women's Interests, Seniors and Part 4
Youth, and Disability Services
Transitional provisions Division 6
s. 116
Division 6 -- Transitional provisions
116. The incorporated Minister
The Community Development Ministerial Body established by
section 5A of the Community Services Act 1972 (as in force
5 after commencement) is a continuation of, and the same legal
person as, the body corporate referred to in section 6 of that Act
(as in force before commencement).
117. Director-General of Community Services
A thing done or omitted to be done by, to or in relation to the
10 Director-General before commencement under, or for the
purposes of, an enactment has the same effect after
commencement, to the extent that it has any force or
significance after commencement, as if it had been done or
omitted by, to or in relation to the CEO.
15 118. The Department
The repeal of section 4 of the Community Services Act 1972
does not affect the continuation of the Department established
by that section, and it may be dealt with as if established under
the Public Sector Management Act 1994.
20 119. Interpretation
In this Division --
"CEO" has the meaning given by section 3 of the Community
Services Act 1972 (as in force after commencement);
"commencement" means the time at which section 94 comes
25 into operation;
"Director-General" has the meaning given by section 3 of the
Community Services Act 1972 (as in force before
commencement).
page 41
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 1 Associations Incorporation Act 1987
s. 120
Part 5 -- Consumer and Employment Protection
Division 1 -- Associations Incorporation Act 1987
120. The Act amended
The amendments in this Division are to the Associations
5 Incorporation Act 1987*.
[* Reprinted as at 20 August 1999.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 25, and
Act No. 20 of 2003.]
10 121. Section 3 amended
Section 3(1) is amended as follows:
(a) by inserting the following definition in the appropriate
alphabetical position --
"
15 "Department" means the department of the Public
Service principally assisting in the administration
of this Act;
";
(b) by deleting the definition of "Commissioner" and
20 inserting instead --
"
"Commissioner" means the person for the time being
designated as the Commissioner under
section 39A;
25 ".
page 42
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Associations Incorporation Act 1987 Division 1
s. 122
122. Sections 39A to 39E inserted
After section 39 the following sections are inserted in
Part VII --
"
5 39A. Commissioner
(1) The Minister is required, by notice published in the
Gazette, to designate a person who is an executive
officer of the Department as the Commissioner for the
purposes of this Act.
10 (2) The Commissioner may be referred to by a title
specified by the Minister by notice published in the
Gazette.
(3) In this section --
"executive officer" has the meaning given by
15 section 3(1) of the Public Sector Management
Act 1994.
39B. Delegation by Commissioner
(1) The Commissioner may delegate to any other person
employed in the Department any power or duty of the
20 Commissioner under another provision of this Act.
(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.
25 (4) A person exercising or performing a power or duty that
has been delegated to the person under this section is to
be taken to do so in accordance with the terms of the
delegation unless the contrary is shown.
page 43
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 1 Associations Incorporation Act 1987
s. 122
(5) Nothing in this section limits the ability of the
Commissioner to perform a function through an officer
or agent.
39C. Information officially obtained to be confidential
5 (1) A person who misuses information obtained by reason
of any function that person has, or at any time had, in
the administration of this Act, or the repealed Act,
commits an offence.
Penalty: $20 000.
10 (2) A person misuses information if it is, directly or
indirectly, recorded, used, or disclosed to another
person, other than --
(a) in the course of duty;
(b) under this Act;
15 (c) for the purposes of the investigation of any
suspected offence or the conduct of
proceedings against any person for an offence;
(d) in a manner that could not reasonably be
expected to lead to the identification of any
20 person to whom the information refers; or
(e) with the consent of the person to whom the
information relates, or each of them if there is
more than one.
(3) In this section --
25 "information" means information concerning the
affairs of a person.
39D. Protection from liability for wrongdoing
(1) A person is not liable for anything that the person has,
in good faith, done in the performance or purported
30 performance of a function under this Act, or the
repealed Act.
page 44
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Builders' Registration Act 1939 Division 2
s. 123
(2) The State is also relieved of any liability that it might
otherwise have had for another person having done
anything as described in subsection (1).
(3) The protection given by this section applies even
5 though the thing done as described in subsection (1)
may have been capable of being done whether or not
this Act had been enacted.
(4) In this section, a reference to the doing of anything
includes a reference to an omission to do anything.
10 39E. Judicial notice
All courts, judges and persons acting judicially shall
take judicial notice of the official signature of every
person who is for the time being and every person who
has at any time been the Commissioner and of the fact
15 that such person holds or has held such office.
".
Division 2 -- Builders' Registration Act 1939
123. The Act amended
The amendments in this Division are to the Builders'
20 Registration Act 1939*.
[* Reprinted as at 11 January 2002.]
124. Section 4A amended
Section 4A(5) is amended by deleting "Commissioner for Fair
Trading appointed under section 15" and inserting instead --
25 " Commissioner as defined in section 4(1) ".
page 45
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 3 Business Names Act 1962
s. 125
125. Section 37 amended
Section 37(3) is amended by deleting "Commissioner for Fair
Trading referred to in section 15" and inserting instead --
" Commissioner as defined in section 4(1) ".
5 Division 3 -- Business Names Act 1962
126. The Act amended
The amendments in this Division are to the Business Names
Act 1962*.
[* Reprinted as at 16 February 2001.
10 For subsequent amendments see Act No. 20 of 2003.]
127. Section 4 amended
Section 4(1) is amended as follows:
(a) by inserting the following definition in the appropriate
alphabetical position --
15 "
"Department" means the department of the Public
Service principally assisting in the administration
of this Act;
";
20 (b) by deleting the definition of "Commissioner" and
inserting instead --
"
"Commissioner" means the person for the time being
designated as the Commissioner under
25 section 4AA;
".
page 46
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Business Names Act 1962 Division 3
s. 128
128. Section 4AA inserted
After section 4 the following section is inserted --
"
4AA. Commissioner
5 (1) The Minister is required, by notice published in the
Gazette, to designate a person who is an executive
officer of the Department as the Commissioner for the
purposes of this Act.
(2) The Commissioner may be referred to by a title
10 specified by the Minister by notice published in the
Gazette.
(3) In this section --
"executive officer" has the meaning given by
section 3(1) of the Public Sector Management
15 Act 1994.
".
129. Sections 31A to 31D inserted
After section 31 the following sections are inserted --
"
20 31A. Delegation by Commissioner
(1) The Commissioner may delegate to any other person
employed in the Department any power or duty of the
Commissioner under another provision of this Act.
(2) The delegation must be in writing signed by the
25 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
page 47
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 3 Business Names Act 1962
s. 129
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
5 or agent.
31B. Information officially obtained to be confidential
(1) A person who misuses information obtained by reason
of any function that person has, or at any time had, in
the administration of this Act commits an offence.
10 Penalty: $20 000.
(2) A person misuses information if it is, directly or
indirectly, recorded, used, or disclosed to another
person, other than --
(a) in the course of duty;
15 (b) under this Act;
(c) for the purposes of the investigation of any
suspected offence or the conduct of
proceedings against any person for an offence;
(d) in a manner that could not reasonably be
20 expected to lead to the identification of any
person to whom the information refers; or
(e) with the consent of the person to whom the
information relates, or each of them if there is
more than one.
25 (3) In this section --
"information" means information concerning the
affairs of a person.
page 48
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Chattel Securities Act 1987 Division 4
s. 130
31C. Protection from liability for wrongdoing
(1) A person is not liable for anything that the person has,
in good faith, done in the performance or purported
performance of a function under this Act.
5 (2) The State is also relieved of any liability that it might
otherwise have had for another person having done
anything as described in subsection (1).
(3) The protection given by this section applies even
though the thing done as described in subsection (1)
10 may have been capable of being done whether or not
this Act had been enacted.
(4) In this section, a reference to the doing of anything
includes a reference to an omission to do anything.
31D. Application of certain provisions of the Consumer
15 Affairs Act 1971
Sections 19, 20, 21, 22 and 23A of the Consumer
Affairs Act 1971 apply, with such modifications as are
necessary, to and in relation to the functions of the
Commissioner and persons and matters affected by the
20 exercise of those functions as if the sections were part
of this Act.
".
Division 4 -- Chattel Securities Act 1987
130. The Act amended
25 The amendments in this Division are to the Chattel Securities
Act 1987*.
[* Reprinted as at 13 December 2002.
For subsequent amendments see Act No. 20 of 2003.]
page 49
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 4 Chattel Securities Act 1987
s. 131
131. Section 3 amended
Section 3(1) is amended as follows:
(a) by inserting the following definition in the appropriate
alphabetical position --
5 "
"Department" means the department of the Public
Service principally assisting in the administration
of this Act;
";
10 (b) by deleting the definition of "Commissioner" and
inserting instead --
"
"Commissioner" means the person for the time being
designated as the Commissioner under section 3A;
15 ".
132. Section 3A inserted
After section 3 the following section is inserted in Part I --
"
3A. Commissioner
20 (1) The Minister is required, by notice published in the
Gazette, to designate a person who is an executive
officer of the Department as the Commissioner for the
purposes of this Act.
(2) The Commissioner may be referred to by a title
25 specified by the Minister by notice published in the
Gazette.
page 50
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Chattel Securities Act 1987 Division 4
s. 133
(3) In this section --
"executive officer" has the meaning given by
section 3(1) of the Public Sector Management
Act 1994.
5 ".
133. Heading to Part IV inserted
After section 28 the following heading is inserted --
"
Part IV -- Miscellaneous
10 ".
134. Sections 30A to 30D inserted
After section 30 the following sections are inserted --
"
30A. Delegation by Commissioner
15 (1) The Commissioner may delegate to any other person
employed in the Department any power or duty of the
Commissioner under another provision of this Act.
(2) The delegation must be in writing signed by the
Commissioner.
20 (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
be taken to do so in accordance with the terms of the
25 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.
page 51
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 4 Chattel Securities Act 1987
s. 134
30B. Information officially obtained to be confidential
(1) A person who misuses information obtained by reason
of any function that person has, or at any time had, in
the administration of this Act commits an offence.
5 Penalty: $20 000.
(2) A person misuses information if it is, directly or
indirectly, recorded, used, or disclosed to another
person, other than --
(a) in the course of duty;
10 (b) under this Act;
(c) for the purposes of the investigation of any
suspected offence or the conduct of
proceedings against any person for an offence;
(d) in a manner that could not reasonably be
15 expected to lead to the identification of any
person to whom the information refers; or
(e) with the consent of the person to whom the
information relates, or each of them if there is
more than one.
20 (3) In this section --
"information" means information concerning the
affairs of a person.
30C. Protection from liability for wrongdoing
(1) Subject to sections 24 and 25, a person is not liable for
25 anything that the person has, in good faith, done in the
performance or purported performance of a function
under this Act.
(2) Subject to sections 24 and 25, the State is also relieved
of any liability that it might otherwise have had for
30 another person having done anything as described in
subsection (1).
page 52
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Companies (Co-operative) Act 1943 Division 5
s. 135
(3) The protection given by this section applies even
though the thing done as described in subsection (1)
may have been capable of being done whether or not
this Act had been enacted.
5 (4) In this section, a reference to the doing of anything
includes a reference to an omission to do anything.
30D. Application of certain provisions of the Consumer
Affairs Act 1971
Sections 19, 20, 21, 22 and 23A of the Consumer
10 Affairs Act 1971 apply, with such modifications as are
necessary, to and in relation to the functions of the
Commissioner and persons and matters affected by the
exercise of those functions as if the sections were part
of this Act.
15 ".
Division 5 -- Companies (Co-operative) Act 1943
135. The Act amended
The amendments in this Division are to the Companies
(Co-operative) Act 1943*.
20 [* Reprinted as at 14 January 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 63, and
Act No. 28 of 2003 and Gazette 27 June 2003 p. 2545-7.]
page 53
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 5 Companies (Co-operative) Act 1943
s. 136
136. Section 3 amended
Section 3 is amended as follows:
(a) by inserting the following definition in the appropriate
alphabetical position --
5 "
"Department" means the department of the Public
Service principally assisting in the administration
of this Act.
";
10 (b) by deleting the definition of "Registrar" and inserting
instead --
"
"Registrar" means the person for the time being
designated as the Registrar under section 3A.
15 ".
137. Division 1A inserted
After section 3 the following Division is inserted --
"
Division 1A -- Administration
20 3A. Registrar
(1) The Minister is required, by notice published in the
Gazette, to designate a person who is an executive
officer of the Department as the Registrar for the
purposes of this Act.
25 (2) The Registrar may be referred to by a title specified by
the Minister by notice published in the Gazette.
(3) In this section --
"executive officer" has the meaning given by
section 3(1) of the Public Sector Management
30 Act 1994.
page 54
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Companies (Co-operative) Act 1943 Division 5
s. 137
3B. Delegation by Registrar
(1) The Registrar may delegate to any other person
employed in the Department any power or duty of the
Registrar under another provision of this Act.
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.
3C. Information officially obtained to be confidential
(1) A person who misuses information obtained by reason
of any function that person has, or at any time had, in
the administration of this Act commits an offence.
20 Penalty: $20 000.
(2) A person misuses information if it is, directly or
indirectly, recorded, used, or disclosed to another
person, other than --
(a) in the course of duty;
25 (b) under this Act;
(c) for the purposes of the investigation of any
suspected offence or the conduct of
proceedings against any person for an offence;
(d) in a manner that could not reasonably be
30 expected to lead to the identification of any
person to whom the information refers; or
page 55
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 5 Companies (Co-operative) Act 1943
s. 138
(e) with the consent of the person to whom the
information relates, or each of them if there is
more than one.
(3) In this section --
5 "information" means information concerning the
affairs of a person.
3D. Protection from liability for wrongdoing
(1) A person is not liable for anything that the person has,
in good faith, done in the performance or purported
10 performance of a function under this Act.
(2) The State is also relieved of any liability that it might
otherwise have had for another person having done
anything as described in subsection (1).
(3) The protection given by this section applies even
15 though the thing done as described in subsection (1)
may have been capable of being done whether or not
this Act had been enacted.
(4) In this section, a reference to the doing of anything
includes a reference to an omission to do anything.
20 3E. Judicial notice
All courts, judges and persons acting judicially shall
take judicial notice of the official signature of every
person who is for the time being and every person who
has at any time been the Registrar and of the fact that
25 such person holds or has held such office.
".
138. Section 391 repealed and consequential amendments
(1) Section 391 is repealed.
(2) Sections 25(1), 26(1)(b), 30(6), 319, 329(1)(d), 331(1) and (3),
30 373(d) and (g) and 392(2) are amended by deleting "and seal".
page 56
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Competition Policy Reform (Western Australia) Act 1996 Division 6
s. 139
Division 6 -- Competition Policy Reform (Western Australia)
Act 1996
139. The Act amended
The amendments in this Division are to the Competition Policy
5 Reform (Western Australia) Act 1996*.
[* Reprinted as at 6 July 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 64.]
140. Section 45 amended
10 Section 45 is amended by deleting the definition of
"Commissioner" and inserting instead --
"
"Commissioner" means the person for the time being
designated as the Commissioner under section 58;
15 ".
141. Division 5 inserted
After section 57 the following Division is inserted --
"
Division 5 -- Commissioner
20 58. Commissioner
(1) The Minister is required, by notice published in the
Gazette, to designate a person who is an executive
officer of the Department as the Commissioner for the
purposes of this Part.
25 (2) The Commissioner may be referred to by a title
specified by the Minister by notice published in the
Gazette.
(3) In this section --
"executive officer" has the meaning given by
30 section 3(1) of the Public Sector Management
Act 1994.
page 57
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 6 Competition Policy Reform (Western Australia) Act 1996
s. 141
59. Delegation by Commissioner
(1) The Commissioner may delegate to any other person
employed in the Department any power or duty of the
Commissioner under another provision of this Part.
5 (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
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
Commissioner to perform a function through an officer
15 or agent.
60. Information officially obtained to be confidential
(1) A person who misuses information obtained by reason
of any function that person has, or at any time had, in
the administration of this Part commits an offence.
20 Penalty: $20 000.
(2) A person misuses information if it is, directly or
indirectly, recorded, used, or disclosed to another
person, other than --
(a) in the course of duty;
25 (b) under this Act;
(c) for the purposes of the investigation of any
suspected offence or the conduct of
proceedings against any person for an offence;
(d) in a manner that could not reasonably be
30 expected to lead to the identification of any
person to whom the information refers; or
page 58
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Competition Policy Reform (Western Australia) Act 1996 Division 6
s. 141
(e) with the consent of the person to whom the
information relates, or each of them if there is
more than one.
(3) In this section --
5 "information" means information concerning the
affairs of a person.
61. Protection from liability for wrongdoing
(1) A person is not liable for anything that the person has,
in good faith, done in the performance or purported
10 performance of a function under this Part.
(2) The State is also relieved of any liability that it might
otherwise have had for another person having done
anything as described in subsection (1).
(3) The protection given by this section applies even
15 though the thing done as described in subsection (1)
may have been capable of being done whether or not
this Part had been enacted.
(4) In this section, a reference to the doing of anything
includes a reference to an omission to do anything.
20 62. Judicial notice
All courts, judges and persons acting judicially shall
take judicial notice of the official signature of every
person who is for the time being and every person who
has at any time been the Commissioner and of the fact
25 that such person holds or has held such office.
".
page 59
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 7 Consumer Affairs Act 1971
s. 142
Division 7 -- Consumer Affairs Act 1971
142. The Act amended
The amendments in this Division are to the Consumer Affairs
Act 1971*.
5 [* Reprinted as at 25 March 1999.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 77.]
143. Long title amended
The long title is amended by deleting "appointment of a
10 Commissioner for Fair Trading" and inserting instead --
" protection of the interests of consumers ".
144. Section 4 amended
Section 4(1) is amended by deleting the definition of
"Commissioner" and inserting instead --
15 "
"Commissioner" means the person for the time being
designated as the Commissioner under section 15;
".
145. Section 5 amended
20 Section 5(2) is amended by deleting "the person for the time
being holding the office of " .
146. Heading to Part III replaced
The heading to Part III is repealed and the following heading is
inserted instead --
25 "
Part III -- Administrative provisions
".
page 60
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Consumer Affairs Act 1971 Division 7
s. 147
147. Sections 15 to 17 replaced
Sections 15, 15A and 17 are repealed and the following sections
are inserted instead --
"
5 15. Commissioner
(1) The Minister is required, by notice published in the
Gazette, to designate a person who is an executive
officer of the Department as the Commissioner for the
purposes of this Act.
10 (2) The Commissioner may be referred to by a title
specified by the Minister by notice published in the
Gazette.
(3) In this section --
"executive officer" has the meaning given by
15 section 3(1) of the Public Sector Management
Act 1994.
16. Functions of the Commissioner
(1) The functions of the Commissioner include --
(a) to promote the interests of consumers and to
20 assist them to a greater awareness in relation to
their assessment and use of goods and services;
(b) to collect, collate and disseminate information
in respect of matters affecting the interests of
consumers;
25 (c) to receive complaints from consumers
concerning matters affecting their interests as
consumers, to consider and, if the
Commissioner considers it warranted, to
investigate those complaints and to take such
30 action in respect of those complaints as seems
proper to the Commissioner;
page 61
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 7 Consumer Affairs Act 1971
s. 147
(d) to receive complaints of fraudulent or deceptive
practices in relation to matters that affect or are
likely to affect the interests of consumers and to
make such investigations and inquiries and to
5 take such other action in respect of those
complaints as seems proper to the
Commissioner;
(e) to advise and assist consumers who seek from
the Commissioner information or guidance on
10 matters affecting their interests as consumers;
(f) to encourage and undertake the dissemination
of information concerning consumer affairs to
producers, manufacturers and suppliers of
goods or services;
15 (g) to perform such other functions as are imposed
on the Commissioner by this Act or the Fair
Trading Act 1987.
(2) Without limiting the generality of subsection (1), the
Commissioner is to --
20 (a) make such recommendations to the Minister as
the Commissioner considers necessary or
desirable in the interests of consumers and in
particular investigate and make
recommendations to the Minister in relation to
25 any matters that concern the need for or
desirability of legislative or administrative
action in the interests of consumers;
(b) advise the Minister on such matters affecting
the interests of consumers as the Minister may
30 refer to the Commissioner;
(c) make recommendations to the Minister for the
establishment and maintenance of means by
which --
(i) matters that affect the interests of
35 consumers and of persons engaged in
page 62
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Consumer Affairs Act 1971 Division 7
s. 147
the production, manufacture,
preparation or supply of goods or in
commerce or in the provision of
services may receive adequate
5 consideration; and
(ii) information concerning those matters
and considerations may be disseminated
at large.
(3) The Commissioner may cooperate, associate or consult
10 with organisations that have the power to make
investigations of the nature referred to in
subsection (2)(a).
17. Power of Commissioner to publish warnings about
unsatisfactory or dangerous goods and services etc.
15 (1) The Commissioner may publish (in any form) a
statement identifying and giving warnings or
information about any of the following --
(a) goods that are unsatisfactory or dangerous and
persons who supply or are likely to supply
20 those goods;
(b) services supplied in an unsatisfactory or
dangerous manner and persons who supply or
are likely to supply those services;
(c) unfair business practices and persons who
25 engage or are likely to engage in those
practices;
(d) any other matter which adversely affects or
may adversely affect the interests of consumers
in connection with the acquisition by them of
30 goods or services.
(2) A statement under subsection (1) may identify
particular goods, services, business practices and
persons.
page 63
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 7 Consumer Affairs Act 1971
s. 148
(3) The Commissioner is not to make or issue a statement
under this section unless satisfied that it is in the public
interest to do so.
".
5 148. Section 23 replaced
Section 23 is repealed and the following section is inserted
instead --
"
23. Delegation by Commissioner
10 (1) The Commissioner may delegate to any other person
employed in the Department any power or duty of the
Commissioner under a provision of this or any other
Act, other than this power of delegation.
(2) The delegation must be in writing signed by the
15 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
20 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.
25 ".
page 64
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Consumer Affairs Act 1971 Division 7
s. 149
149. Section 24 replaced
Section 24 is repealed and the following section is inserted
instead --
"
5 24. Information officially obtained to be confidential
(1) A person who misuses information obtained by reason
of any function that person has, or at any time had,
under or in accordance with this Act or the Fair
Trading Act 1987 commits an offence.
10 Penalty: $20 000.
(2) A person misuses information if it is, directly or
indirectly, recorded, used, or disclosed to another
person, other than --
(a) in the course of duty;
15 (b) under this Act or the Fair Trading Act 1987;
(c) for the purposes of the investigation of any
suspected offence or the conduct of
proceedings against any person for an offence;
(d) in a manner that could not reasonably be
20 expected to lead to the identification of any
person to whom the information refers; or
(e) with the consent of the person to whom the
information relates, or each of them if there is
more than one.
25 (3) In this section --
"information" means information concerning the
affairs of a person.
".
page 65
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 8 Co-operative and Provident Societies Act 1903
s. 150
150. Section 25 amended
(1) Section 25 is amended as follows:
(a) by inserting before "Subject" the subsection designation
"(1)";
5 (b) in paragraph (b) by inserting after "statement" --
" made or ";
(c) by inserting after "operations of the Committee or of the
Department" --
"
10 or the administration of this Act or the Fair Trading
Act 1987
".
(2) At the end of section 25 the following subsections are
inserted --
15 "
(2) No liability is incurred by a person for publishing in
good faith --
(a) a statement referred to in subsection (1)(b); or
(b) a fair report or summary of such a statement.
20 (3) In this section --
"liability" includes liability for defamation.
Division 8 -- Co-operative and Provident Societies Act 1903
151. The Act amended
The amendments in this Division are to the Co-operative and
25 Provident Societies Act 1903*.
[* Reprinted as at 7 September 2001.
For subsequent amendments see Acts Nos. 20 and 28 of
2003.]
page 66
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Co-operative and Provident Societies Act 1903 Division 8
s. 152
152. Section 2 amended
Section 2 is amended as follows:
(a) by inserting the following definitions in the appropriate
alphabetical positions --
5 "
"Department" means the department of the Public
Service principally assisting in the administration
of this Act;
"Registrar" means the person for the time being
10 designated as the Registrar under section 67;
";
(b) in the definition of "The Minister" by deleting "being;"
and inserting instead --
" being. ";
15 (c) by deleting the definition of "The Registrar".
153. Sections 67 to 71 inserted
After section 66 the following sections are inserted --
"
67. Registrar
20 (1) The Minister is required, by notice published in the
Gazette, to designate a person who is an executive
officer of the Department as the Registrar for the
purposes of this Act.
(2) The Registrar may be referred to by a title specified by
25 the Minister by notice published in the Gazette.
(3) In this section --
"executive officer" has the meaning given by
section 3(1) of the Public Sector Management
Act 1994.
page 67
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 8 Co-operative and Provident Societies Act 1903
s. 153
68. Delegation by Registrar
(1) The Registrar may delegate to any other person
employed in the Department any power or duty of the
Registrar under another provision of this Act.
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.
69. Information officially obtained to be confidential
(1) A person who misuses information obtained by reason
of any function that person has, or at any time had, in
the administration of this Act commits an offence.
20 Penalty: $20 000.
(2) A person misuses information if it is, directly or
indirectly, recorded, used, or disclosed to another
person, other than --
(a) in the course of duty;
25 (b) under this Act;
(c) for the purposes of the investigation of any
suspected offence or the conduct of
proceedings against any person for an offence;
(d) in a manner that could not reasonably be
30 expected to lead to the identification of any
person to whom the information refers; or
page 68
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Co-operative and Provident Societies Act 1903 Division 8
s. 153
(e) with the consent of the person to whom the
information relates, or each of them if there is
more than one.
(3) In this section --
5 "information" means information concerning the
affairs of a person.
70. Protection from liability for wrongdoing
(1) A person is not liable for anything that the person has,
in good faith, done in the performance or purported
10 performance of a function under this Act.
(2) The State is also relieved of any liability that it might
otherwise have had for another person having done
anything as described in subsection (1).
(3) The protection given by this section applies even
15 though the thing done as described in subsection (1)
may have been capable of being done whether or not
this Act had been enacted.
(4) In this section, a reference to the doing of anything
includes a reference to an omission to do anything.
20 71. Judicial notice
All courts, judges and persons acting judicially shall
take judicial notice of the official signature of every
person who is for the time being and every person who
has at any time been the Registrar and of the fact that
25 such person holds or has held such office.
".
page 69
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 9 Credit Act 1984
s. 154
Division 9 -- Credit Act 1984
154. The Act amended
The amendments in this Division are to the Credit Act 1984*.
[* Reprinted as at 6 April 2001.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 87, and
Act No. 28 of 2003.]
155. Section 5 amended
Section 5(1) is amended as follows:
10 (a) by inserting the following definition in the appropriate
alphabetical position --
"
"Department" has the meaning given by section 4 of
the Credit (Administration) Act 1984;
15 ";
(b) by deleting the definition of "Commissioner" and
inserting instead --
"
"Commissioner" has the meaning given by section 4
20 of the Credit (Administration) Act 1984;
".
Division 10 -- Credit (Administration) Act 1984
156. The Act amended
The amendments in this Division are to the Credit
25 (Administration) Act 1984*.
[* Reprinted as at 5 May 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 88, and
Act No. 43 of 2003.]
page 70
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Credit (Administration) Act 1984 Division 10
s. 157
157. Section 4 amended
Section 4 is amended as follows:
(a) by inserting the following definition in the appropriate
alphabetical position --
5 "
"Department" means the department of the Public
Service principally assisting in the administration
of this Act;
";
10 (b) by deleting the definition of "Commissioner" and
inserting instead --
"
"Commissioner" means the person for the time being
designated as the Commissioner under section 53;
15 ".
158. Section 10 amended
Section 10(3) is amended by deleting "for Fair Trading" in the
3 places where it occurs.
159. Section 53 replaced
20 Section 53 is repealed and the following sections are inserted
instead --
"
53. Commissioner
(1) The Minister is required, by notice published in the
25 Gazette, to designate a person who is an executive
officer of the Department as the Commissioner for the
purposes of the cognate Acts.
(2) The Commissioner may be referred to by a title
specified by the Minister by notice published in the
30 Gazette.
page 71
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 10 Credit (Administration) Act 1984
s. 159
(3) Without limiting any other functions of the
Commissioner for the purposes of the cognate Acts, the
Commissioner has the following functions --
(a) to investigate and conduct research into matters
5 relating to the cognate Acts;
(b) to publish reports and disseminate information
on matters relating to the cognate Acts;
(c) to give advice to consumers on the provisions
of the cognate Acts;
10 (d) to investigate and attempt to resolve complaints
arising under the cognate Acts and to take
action by negotiation, prosecution of any
offence or otherwise;
(e) to make reports to the Minister on matters of
15 importance investigated by the Commissioner,
whether or not referred to the Commissioner by
the Minister.
(4) In this section --
"executive officer" has the meaning given by
20 section 3(1) of the Public Sector Management
Act 1994.
53A. Delegation by Commissioner
(1) The Commissioner may delegate to any other person
employed in the Department any power or duty of the
25 Commissioner under another provision of the cognate
Acts.
(2) The delegation must be in writing signed by the
Commissioner.
(3) A person to whom a power or duty is delegated under
30 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
page 72
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Credit (Administration) Act 1984 Division 10
s. 160
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
5 or agent.
53B. Judicial notice
All courts, judges and persons acting judicially shall
take judicial notice of the official signature of every
person who is for the time being and every person who
10 has at any time been the Commissioner and of the fact
that such person holds or has held such office.
".
160. Section 54 amended
(1) Section 54(1) is amended by deleting "an authorised officer
15 appointed under the Consumer Affairs Act 1971,".
(2) Section 54(2) is amended by deleting ", or an authorised officer
or" and inserting instead --
" or an ".
(3) Section 54(3)(a) is amended by deleting "officer" and inserting
20 instead --
" person ".
161. Section 56 amended
(1) Section 56(1) is amended as follows:
(a) in paragraph (c) by inserting after "Commissioner" --
25 " or a delegate of the Commissioner ";
(b) in paragraph (d) by deleting "54(1) or".
page 73
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 10 Credit (Administration) Act 1984
s. 161
(2) Section 56(2) is repealed and the following subsections are
inserted instead --
"
(2) A person to whom this section applies shall not misuse
5 information obtained by reason of any function that
person has, or at any time had, in the administration of
the cognate Acts.
Penalty: $20 000.
(3) A person misuses information if it is, directly or
10 indirectly, recorded, used or disclosed to another
person, other than --
(a) in the course of duty;
(b) under --
(i) the cognate Acts, the Consumer Affairs
15 Act 1971, the Commercial Tribunal
Act 1984; or
(ii) the corresponding Acts, or proposed
laws, of the legislature of the
Commonwealth or of another State or of
20 a Territory;
(c) for the purposes of the investigation of any
suspected offence or the conduct of
proceedings against any person for an offence;
(d) in a manner that could not reasonably be
25 expected to lead to the identification of any
person to whom the information refers; or
(e) with the consent of the person to whom the
information relates, or each of them if there is
more than one.
30 (4) In this section --
"information" means information concerning the
affairs of a person.
".
page 74
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Employers' Indemnity Supplementation Fund Act 1980 Division 11
s. 162
162. Section 56A inserted
After section 56 the following section is inserted --
"
56A. Protection from liability for wrongdoing
5 (1) A person is not liable for anything that the person has,
in good faith, done in the performance or purported
performance of a function under this Act.
(2) The State is also relieved of any liability that it might
otherwise have had for another person having done
10 anything as described in subsection (1).
(3) The protection given by this section applies even
though the thing done as described in subsection (1)
may have been capable of being done whether or not
this Part had been enacted.
15 (4) In this section, a reference to the doing of anything
includes a reference to an omission to do anything.
".
Division 11 -- Employers' Indemnity Supplementation Fund
Act 1980
20 163. The Act amended
The amendment in this Division is to the Employers' Indemnity
Supplementation Fund Act 1980*.
[* Reprint 2 as at 16 May 2003.]
164. Section 5 amended
25 Section 5(1) is amended by deleting "at the Treasury".
page 75
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 12 Employment Agents Act 1976
s. 165
Division 12 -- Employment Agents Act 1976
165. The Act amended
The amendments in this Division are to the Employment Agents
Act 1976*.
5 [* Reprinted as at 26 October 2001.]
166. Section 4 amended
Section 4(1) is amended by deleting the definitions of
"Commissioner" and "Department" and inserting instead --
"
10 "Commissioner" means the person for the time being
designated as the Commissioner under section 9A;
"Department" means the department of the Public
Service principally assisting in the administration
of this Act;
15 ".
167. Section 9A inserted
After section 9 the following section is inserted --
"
9A. Commissioner
20 (1) The Minister is required, by notice published in the
Gazette, to designate a person who is an executive
officer of the Department as the Commissioner for the
purposes of this Act.
(2) The Commissioner may be referred to by a title
25 specified by the Minister by notice published in the
Gazette.
page 76
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Employment Agents Act 1976 Division 12
s. 168
(3) In this section --
"executive officer" has the meaning given by
section 3(1) of the Public Sector Management
Act 1994.
5 ".
168. Section 48 replaced
Section 48 is repealed and the following sections are inserted
instead --
"
10 48. Information officially obtained to be confidential
(1) A person who misuses information obtained by reason
of any function that person has, or at any time had, in
the administration of this Act commits an offence.
Penalty: $20 000.
15 (2) A person misuses information if it is, directly or
indirectly, recorded, used, or disclosed to another
person, other than --
(a) in the course of duty;
(b) under this Act;
20 (c) for the purposes of the investigation of any
suspected offence or the conduct of
proceedings against any person for an offence;
(d) in a manner that could not reasonably be
expected to lead to the identification of any
25 person to whom the information refers; or
(e) with the consent of the person to whom the
information relates, or each of them if there is
more than one.
(3) In this section --
30 "information" means information concerning the
affairs of a person.
page 77
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 12 Employment Agents Act 1976
s. 169
48A. Delegation by Commissioner
(1) The Commissioner may delegate to any other person
employed in the Department any power or duty of the
Commissioner under another provision of this Act.
5 (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
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
Commissioner to perform a function through an officer
15 or agent.
".
169. Section 49A inserted
After section 49 the following section is inserted --
"
20 49A. Judicial notice
All courts, judges and persons acting judicially shall
take judicial notice of the official signature of every
person who is for the time being and every person who
has at any time been the Commissioner and of the fact
25 that such person holds or has held such office.
".
page 78
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Fair Trading Act 1987 Division 13
s. 170
Division 13 -- Fair Trading Act 1987
170. The Act amended
The amendments in this Division are to the Fair Trading
Act 1987*.
5 [* Reprinted as at 16 November 2001.]
171. Section 5 amended
Section 5(1) is amended as follows:
(a) by inserting the following definition in the appropriate
alphabetical position --
10 "
"Department" has the meaning given by section 4(1)
of the Consumer Affairs Act 1971;
";
(b) by deleting the definition of "Commissioner" and
15 inserting instead --
"
"Commissioner" has the meaning given by
section 4(1) of the Consumer Affairs Act 1971;
";
20 (c) by deleting the definition of "investigator".
172. Section 73 amended
Section 73(10)(a) is amended by deleting "of Consumer
Affairs".
173. Section 75 amended
25 Section 75(1)(b) is amended by deleting "Commissioner" and
inserting instead --
" Minister ".
page 79
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 14 Hire-Purchase Act 1959
s. 174
Division 14 -- Hire-Purchase Act 1959
174. The Act amended
The amendments in this Division are to the Hire-Purchase
Act 1959*.
5 [* Reprinted as at 12 March 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 171.]
175. Section 2 amended
Section 2(1) is amended as follows:
10 (a) by inserting the following definition in the appropriate
alphabetical position --
"
"Department" means the department of the Public
Service principally assisting in the administration
15 of this Act;
";
(b) by deleting the definition of "Commissioner" and
inserting instead --
"
20 "Commissioner" means the person for the time being
designated as the Commissioner under
section 23A;
";
(c) by deleting the definition of "Deputy Commissioner".
25 176. Section 18 amended
(1) Section 18(9)(c) is amended by deleting "Director-General of
the department established under section 4" and inserting
instead --
" CEO as defined in section 3 ".
page 80
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Hire-Purchase Act 1959 Division 14
s. 177
(2) Section 18(10) is amended as follows:
(a) by deleting "Director-General of the department
established under section 4 of the Community Services
Act 1972" in the first place where it occurs and inserting
5 instead --
"
CEO as defined in section 3 of the Community Services
Act 1972 (the "CEO")
";
10 (b) by deleting "officer of that department" and inserting
instead --
"
officer of the Department as defined in section 3 of the
Community Services Act 1972
15 ";
(c) by deleting "Director-General of the department
established under section 4 of the Community Services
Act 1972" in the second place where it occurs and
inserting instead --
20 " CEO ";
(d) by deleting "Director-General" in the third place where
it occurs and inserting instead --
" CEO ".
177. Section 23W replaced
25 Section 23W is repealed and the following sections are inserted
instead --
"
23A. Commissioner
(1) The Minister is required, by notice published in the
30 Gazette, to designate a person who is an executive
officer of the Department as the Commissioner for the
purposes of this Act.
page 81
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 14 Hire-Purchase Act 1959
s. 177
(2) The Commissioner may be referred to by a title
specified by the Minister by notice published in the
Gazette.
(3) In this section --
5 "executive officer" has the meaning given by
section 3(1) of the Public Sector Management
Act 1994.
23B. Delegation by Commissioner
(1) The Commissioner may delegate to any other person
10 employed in the Department any power or duty of the
Commissioner under another provision of this Act.
(2) The delegation must be in writing signed by the
Commissioner.
(3) A person to whom a power or duty is delegated under
15 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
be taken to do so in accordance with the terms of the
delegation unless the contrary is shown.
20 (5) Nothing in this section limits the ability of the
Commissioner to perform a function through an officer
or agent.
".
page 82
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Limited Partnerships Act 1909 Division 15
s. 178
178. Section 36C replaced
Section 36C is repealed and the following section is inserted
instead --
"
5 36C. Application of certain provisions of the Consumer
Affairs Act 1971
Sections 19, 20, 21, 22, 23A, 24 and 25 of the
Consumer Affairs Act 1971 apply, with such
modifications as are necessary, to and in relation to the
10 functions of the Commissioner and persons and matters
affected by the exercise of those functions as if the
sections were part of this Act.
".
Division 15 -- Limited Partnerships Act 1909
15 179. The Act amended
The amendments in this Division are to the Limited
Partnerships Act 1909*.
[* Reprint 3 as at 6 June 2003.]
180. Section 15 replaced
20 Section 15 is repealed and the following section is inserted
instead --
"
15. Registrar of limited partnerships
(1) The Minister is required, by notice published in the
25 Gazette, to designate a person who is an executive
officer of the department principally assisting in the
administration of this Act as the Registrar for the
purposes of this Act.
(2) The Registrar may be referred to by a title specified by
30 the Minister by notice published in the Gazette.
page 83
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 16 Motor Vehicle Dealers Act 1973
s. 181
(3) Sections 19, 20, 21, 22, 23, 23A, 24 and 25 of the
Consumer Affairs Act 1971 apply, with such
modifications as are necessary, to and in relation to the
functions of the Registrar and persons and matters
5 affected by the exercise of those functions as if the
sections were part of this Act.
(4) In this section --
"executive officer" has the meaning given by
section 3(1) of the Public Sector Management
10 Act 1994.
".
Division 16 -- Motor Vehicle Dealers Act 1973
181. The Act amended
The amendments in this Division are to the Motor Vehicle
15 Dealers Act 1973*.
[* Reprinted as at 14 November 1996.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 257.]
182. Section 5 amended
20 Section 5(1) is amended as follows:
(a) by inserting the following definition in the appropriate
alphabetical position --
"
"Department" means the department of the Public
25 Service principally assisting in the administration
of this Act;
";
page 84
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Motor Vehicle Dealers Act 1973 Division 16
s. 183
(b) by deleting the definition of "Commissioner" and
inserting instead --
"
"Commissioner" means the person for the time being
5 designated as the Commissioner under
section 5AA;
".
183. Section 5AA inserted
After section 5A the following section is inserted --
10 "
5AA. Commissioner
(1) The Minister is required, by notice published in the
Gazette, to designate a person who is an executive
officer of the Department as the Commissioner for the
15 purposes of this Act.
(2) The Commissioner may be referred to by a title
specified by the Minister by notice published in the
Gazette.
(3) In this section --
20 "executive officer" has the meaning given by
section 3(1) of the Public Sector Management
Act 1994.
".
184. Section 6 amended
25 (1) Section 6(1) is repealed and the following subsection is inserted
instead --
"
(1) Sections 19, 20, 21, 22, 23, 23A, 24 and 25 of the
Consumer Affairs Act 1971 apply, with such
30 modifications as are necessary, to and in relation to the
functions of the Commissioner and persons and matters
page 85
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 17 Motor Vehicle Repairers Act 2003
s. 185
affected by the exercise of those functions as if the
sections were part of this Act.
".
(2) Section 6(2) is amended by deleting "Permanent Head of the
5 Department within the meaning of the Consumer Affairs
Act 1971" and inserting instead --
" chief executive officer of the Department ".
(3) Section 6(3) is repealed and the following subsection is inserted
instead --
10 "
(3) A reference in section 19, 20, 21 or 22 (of the
Consumer Affairs Act 1971 as applied by
subsection (1)) to the Commissioner includes a
reference to an authorised officer who has been
15 approved by the Commissioner for the purposes of
those sections.
".
Division 17 -- Motor Vehicle Repairers Act 2003
185. The Act amended
20 The amendments in this Division are to the Motor Vehicle
Repairers Act 2003*.
[* Act No. 68 of 2003.]
186. Section 3 amended
Section 3(1) is amended by deleting the definition of
25 "Commissioner" and inserting instead --
"
"Commissioner" means the person for the time being
designated as the Commissioner under section 7;
".
page 86
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Petroleum Products Pricing Act 1983 Division 18
s. 187
187. Section 7 replaced
Section 7 is repealed and the following sections are inserted
instead --
"
5 7. Commissioner
(1) The Minister is required, by notice published in the
Gazette, to designate a person who is an executive
officer of the Department as the Commissioner for the
purposes of this Act.
10 (2) The Commissioner may be referred to by a title
specified by the Minister by notice published in the
Gazette.
(3) In this section --
"executive officer" has the meaning given by
15 section 3(1) of the Public Sector Management
Act 1994.
7A. Commissioner's powers
Sections 19, 20, 21, 22, 23, 23A, 24 and 25 of the
Consumer Affairs Act 1971 apply, with such
20 modifications as are necessary, to and in relation to the
functions of the Commissioner and persons and matters
affected by the exercise of those functions as if the
sections were part of this Act.
".
25 Division 18 -- Petroleum Products Pricing Act 1983
188. The Act amended
The amendments in this Division are to the Petroleum Products
Pricing Act 1983*.
[* Reprinted as at 11 January 2002.]
page 87
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 18 Petroleum Products Pricing Act 1983
s. 189
189. Section 3 amended
Section 3(1) is amended as follows:
(a) by inserting the following definition in the appropriate
alphabetical position --
5 "
"Department" means the department of the Public
Service principally assisting in the administration
of this Act;
";
10 (b) by deleting the definition of "Commissioner" and
inserting instead --
"
"Commissioner" means the person for the time being
designated as the Commissioner under section 5;
15 ".
190. Section 5 replaced
Section 5 is repealed and the following section is inserted
instead --
"
20 5. Commissioner
(1) The Minister is required, by notice published in the
Gazette, to designate a person who is an executive
officer of the Department as the Commissioner for the
purposes of this Act and the Petroleum Retailers Rights
25 and Liabilities Act 1982.
(2) The Commissioner may be referred to by a title
specified by the Minister by notice published in the
Gazette.
page 88
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Petroleum Products Pricing Act 1983 Division 18
s. 191
(3) In this section --
"executive officer" has the meaning given by
section 3(1) of the Public Sector Management
Act 1994.
5 ".
191. Section 7 amended
(1) Section 7(1) is amended as follows:
(a) by deleting "under this Act";
(b) in paragraph (a) by inserting after "generally" --
10 " and ";
(c) in paragraphs (a) and (b) by inserting after "this Act" --
"
and the Petroleum Retailers Rights and
Liabilities Act 1982
15 ".
(2) Section 7(4) is amended by inserting after "this Act" --
"
and the Petroleum Retailers Rights and Liabilities
Act 1982
20 ".
(3) Section 7(5) is repealed.
192. Section 23 amended
Section 23(1), (2) and (3) are amended by inserting after "this
Act" in each place where it occurs --
25 "
or the Petroleum Retailers Rights and Liabilities
Act 1982
".
page 89
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 18 Petroleum Products Pricing Act 1983
s. 193
193. Section 24 amended
Section 24(2) is amended by inserting after "this Act" in the
second place where it occurs --
"
5 or the Petroleum Retailers Rights and Liabilities
Act 1982
".
194. Section 26 amended
Section 26 is amended by inserting after "this Act" --
10 "
or the Petroleum Retailers Rights and Liabilities
Act 1982
".
195. Section 27A amended
15 Section 27A(1) and (4) are amended by inserting after "this
Act" in each place where it occurs --
"
or the Petroleum Retailers Rights and Liabilities
Act 1982
20 ".
196. Section 27B amended
Section 27B is amended by inserting after "this Act" in both
places where it occurs --
"
25 or the Petroleum Retailers Rights and Liabilities
Act 1982
".
page 90
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Petroleum Products Pricing Act 1983 Division 18
s. 197
197. Section 28 amended
Section 28 is amended as follows:
(a) in paragraph (a) by deleting "within the meaning of the
Consumer Affairs Act 1971";
5 (b) by inserting after "this Act" --
"
or the Petroleum Retailers Rights and Liabilities
Act 1982
".
10 198. Section 29 amended
Section 29 is amended by inserting after "this Act" --
"
or the Petroleum Retailers Rights and Liabilities
Act 1982
15 ".
199. Section 31 amended
Section 31 is amended by inserting after "this Act" --
"
or the Petroleum Retailers Rights and Liabilities
20 Act 1982
".
200. Section 31H amended
Section 31H(3) is amended in the definition of "officer" by
deleting "referred to in section 5(2)(a) or (b)" and inserting
25 instead --
" of the Department ".
page 91
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 18 Petroleum Products Pricing Act 1983
s. 201
201. Sections 32A to 32C inserted
After section 32 the following sections are inserted --
"
32A. Delegation by Commissioner
5 (1) The Commissioner may delegate to any other person
employed in the Department any power or duty of the
Commissioner under another provision of this Act or
the Petroleum Retailers Rights and Liabilities
Act 1982.
10 (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
15 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
20 or agent.
32B. Protection from liability for wrongdoing
(1) A person is not liable for anything that the person has,
in good faith, done in the performance or purported
performance of a function under this Act or the
25 Petroleum Retailers Rights and Liabilities Act 1982.
(2) The State is also relieved of any liability that it might
otherwise have had for another person having done
anything as described in subsection (1).
(3) The protection given by this section applies even
30 though the thing done as described in subsection (1)
may have been capable of being done whether or not
page 92
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Petroleum Products Pricing Act 1983 Division 18
s. 202
this Act or the Petroleum Retailers Rights and
Liabilities Act 1982 had been enacted.
(4) In this section, a reference to the doing of anything
includes a reference to an omission to do anything.
5 32C. Judicial notice
All courts, judges and persons acting judicially shall
take judicial notice of the official signature of every
person who is for the time being and every person who
has at any time been the Commissioner and of the fact
10 that such person holds or has held such office.
".
202. Section 33 amended
(1) Section 33(1) is amended as follows:
(a) by deleting "an officer referred to in section 5(2)" and
15 inserting instead --
" an officer of the Department ";
(b) by inserting after "this Act" --
"
or the Petroleum Retailers Rights and Liabilities
20 Act 1982
".
(2) Section 33(2) is amended as follows:
(a) in paragraph (a) by inserting after "this Act" in both
places where it occurs --
25 "
or the Petroleum Retailers Rights and Liabilities
Act 1982
";
(b) in paragraph (d) by deleting "the Consumer Affairs
30 Act 1971" and inserting instead --
" another Act administered by the Minister ".
page 93
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 19 Petroleum Retailers Rights and Liabilities Act 1982
s. 203
Division 19 -- Petroleum Retailers Rights and Liabilities
Act 1982
203. The Act amended
The amendments in this Division are to the Petroleum Retailers
5 Rights and Liabilities Act 1982*.
[* Reprinted as at 22 November 2002.]
204. Section 3 amended
Section 3(1) is amended as follows:
(a) by inserting the following definition in the appropriate
10 alphabetical position --
"
"Department" has the meaning given by section 3 of
the Petroleum Products Pricing Act 1983;
";
15 (b) by deleting the definition of "Commissioner" and
inserting instead --
"
"Commissioner" has the meaning given by section 3
of the Petroleum Products Pricing Act 1983;
20 ".
Division 20 -- Real Estate and Business Agents Act 1978
205. The Act amended
The amendments in this Division are to the Real Estate and
Business Agents Act 1978*.
25 [* Reprinted as at 9 March 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 329, and
Acts Nos. 21 and 28 of 2003.]
page 94
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Residential Tenancies Act 1987 Division 21
s. 206
206. Sections 131H and 131K amended
Sections 131H(2)(c) and (3)(c) and 131K(2)(b) are amended by
deleting "The State Housing Commission" in each place where
it occurs and inserting instead --
5 " the Housing Authority ".
Division 21 -- Residential Tenancies Act 1987
207. The Act amended
The amendments in this Division are to the Residential
Tenancies Act 1987*.
10 [* Reprinted as at 22 January 1999.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 333, and
Act No. 45 of 2002.]
208. Section 3 amended
15 Section 3 is amended by deleting the definitions of
"Commissioner" and "Department" and inserting the following
definitions in the appropriate alphabetical positions --
"
"Commissioner" means the person for the time being
20 designated as the Commissioner under section 7A;
"Department" means the department of the Public
Service principally assisting in the administration
of this Act;
".
page 95
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 21 Residential Tenancies Act 1987
s. 209
209. Section 7A inserted
Before section 8 the following section is inserted in Part II --
"
7A. Commissioner
5 (1) The Minister is required, by notice published in the
Gazette, to designate a person who is an executive
officer of the Department as the Commissioner for the
purposes of this Act.
(2) The Commissioner may be referred to by a title
10 specified by the Minister by notice published in the
Gazette.
(3) In this section --
"executive officer" has the meaning given by
section 3(1) of the Public Sector Management
15 Act 1994.
".
210. Section 8 amended
(1) Section 8(1) is amended as follows:
(a) by deleting "Without limiting section 17 of the
20 Consumer Affairs Act 1971, the Department" and
inserting instead --
" The Commissioner ";
(b) in paragraph (e) by deleting "Department" in both places
where it occurs and inserting instead --
25 " Commissioner ";
(c) in paragraph (e) by deleting "it" and inserting instead --
" the Commissioner ".
(2) Section 8(2) is repealed.
page 96
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Residential Tenancies Act 1987 Division 21
s. 211
211. Sections 11A and 11B inserted
After section 11 the following sections are inserted in Part II --
"
11A. Information officially obtained to be confidential
5 (1) A person who misuses information obtained by reason
of any function that person has, or at any time had, in
the administration of this Act commits an offence.
Penalty: $20 000.
(2) A person misuses information if it is, directly or
10 indirectly, recorded, used, or disclosed to another
person, other than --
(a) in the course of duty;
(b) under this Act;
(c) for the purposes of the investigation of any
15 suspected offence or the conduct of
proceedings against any person for an offence;
(d) in a manner that could not reasonably be
expected to lead to the identification of any
person to whom the information refers; or
20 (e) with the consent of the person to whom the
information relates, or each of them if there is
more than one.
(3) In this section --
"information" means information concerning the
25 affairs of a person.
11B. Application of certain provisions of the Consumer
Affairs Act 1971
Sections 19, 20, 21, 22 and 23A of the Consumer
Affairs Act 1971 apply, with such modifications as are
30 necessary, to and in relation to the functions of the
Commissioner and persons and matters affected by the
page 97
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 22 Retirement Villages Act 1992
s. 212
exercise of those functions as if the sections were part
of this Act.
".
212. Schedule 1 amended
5 Schedule 1 clause 3(1) is amended by deleting "and kept at
Treasury".
Note: The heading to section 8 will be altered to read "Functions of the
Commissioner".
Division 22 -- Retirement Villages Act 1992
10 213. The Act amended
The amendments in this Division are to the Retirement Villages
Act 1992*.
[* Reprinted as at 22 January 1999.
For subsequent amendments see Western Australian
15 Legislation Information Tables for 2002, Table 1, p. 334-5,
and Act No. 28 of 2003.]
214. Section 3 amended
Section 3 is amended by deleting the definitions of
"Commissioner" and "Department" and inserting the following
20 definitions in the appropriate alphabetical positons --
"
"Commissioner" means the person for the time being
designated as the Commissioner under section 7A;
"Department" means the department of the Public
25 Service principally assisting in the administration
of this Act;
".
page 98
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Retirement Villages Act 1992 Division 22
s. 215
215. Section 7A inserted
Before section 8 the following section is inserted in Part 2 --
"
7A. Commissioner
5 (1) The Minister is required, by notice published in the
Gazette, to designate a person who is an executive
officer of the Department as the Commissioner for the
purposes of this Act.
(2) The Commissioner may be referred to by a title
10 specified by the Minister by notice published in the
Gazette.
(3) In this section --
"executive officer" has the meaning given by
section 3(1) of the Public Sector Management
15 Act 1994.
".
216. Section 8 amended
(1) Section 8(1) is amended as follows:
(a) by deleting "Without limiting section 17 of the
20 Consumer Affairs Act 1971, the Department" and
inserting instead --
" The Commissioner ";
(b) in paragraph (e) by deleting "Department" in both places
where it occurs and inserting instead --
25 " Commissioner ";
(c) in paragraph (e) by deleting "it" and inserting instead --
" the Commissioner ".
(2) Section 8(2) is repealed.
page 99
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 22 Retirement Villages Act 1992
s. 217
217. Sections 11A and 11B inserted
After section 11 the following sections are inserted --
"
11A. Information officially obtained to be confidential
5 (1) A person who misuses information obtained by reason
of any function that person has, or at any time had, in
the administration of this Act commits an offence.
Penalty: $20 000.
(2) A person misuses information if it is, directly or
10 indirectly, recorded, used, or disclosed to another
person, other than --
(a) in the course of duty;
(b) under this Act;
(c) for the purposes of the investigation of any
15 suspected offence or the conduct of
proceedings against any person for an offence;
(d) in a manner that could not reasonably be
expected to lead to the identification of any
person to whom the information refers; or
20 (e) with the consent of the person to whom the
information relates, or each of them if there is
more than one.
(3) In this section --
"information" means information concerning the
25 affairs of a person.
11B. Application of certain provisions of the Consumer
Affairs Act 1971
Sections 19, 20, 21, 22 and 23A of the Consumer
Affairs Act 1971 apply, with such modifications as are
30 necessary, to and in relation to the functions of the
Commissioner and persons and matters affected by the
page 100
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Travel Agents Act 1985 Division 23
s. 218
exercise of those functions as if the sections were part
of this Act.
".
218. Sections 46, 57 and 58 amended
5 Sections 46(2), 57(6)(a) and 58(3)(a) are amended by deleting
"Department of Health" and inserting instead --
"
Department as defined in section 3 of the Health
Legislation Administration Act 1984
10 ".
219. Section 78 repealed
Section 78 is repealed.
Note: The heading to section 8 will be altered to read "Functions of the
Commissioner".
15 Division 23 -- Travel Agents Act 1985
220. The Act amended
The amendments in this Division are to the Travel Agents
Act 1985*.
[* Reprint 2 as at 6 June 2003.]
20 221. Section 3 amended
Section 3(1) is amended as follows:
(a) by inserting the following definitions in the appropriate
alphabetical positions --
"
25 "Commissioner" means the person for the time being
designated as the Commissioner under
section 49A;
page 101
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Part 5 Consumer and Employment Protection
Division 23 Travel Agents Act 1985
s. 222
"Department" means the department of the Public
Service principally assisting in the administration
of this Act;
";
5 (b) by deleting the definition of "the Commissioner".
222. Section 42 amended
Section 42(1) is amended by deleting "any officer appointed
under section 15(1) of the Consumer Affairs Act 1971 to assist
the Commissioner" and inserting instead --
10 " an officer of the Department ".
223. Section 43 amended
Section 43(9) is amended by deleting "within the meaning of
the Consumer Affairs Act 1971".
224. Section 47 amended
15 (1) Section 47 is amended by inserting before "All" the subsection
designation "(1)".
(2) At the end of section 47 the following subsection is inserted --
"
(2) All courts, judges and persons acting judicially shall
20 take judicial notice of the official signature of every
person who is for the time being and every person who
has at any time been the Commissioner and of the fact
that such person holds or has held such office.
".
page 102
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Travel Agents Act 1985 Division 23
s. 225
225. Section 49A inserted
After section 49 the following section is inserted --
"
49A. Commissioner
5 (1) The Minister is required, by notice published in the
Gazette, to designate a person who is an executive
officer of the Department as the Commissioner for the
purposes of this Act.
(2) The Commissioner may be referred to by a title
10 specified by the Minister by notice published in the
Gazette.
(3) In this section --
"executive officer" has the meaning given by
section 3(1) of the Public Sector Management
15 Act 1994.
".
226. Section 50 amended
Section 50(1) is amended by deleting "an officer appointed
under section 15(1) of the Consumer Affairs Act 1971 to assist
20 the Commissioner" and inserting instead --
" an officer of the Department ".
227. Section 50A inserted
After section 50 the following section is inserted --
"
25 50A. Protection from liability for wrongdoing
(1) A person is not liable for anything that the person has,
in good faith, done in the performance or purported
performance of a function under this Act.
page 103
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 23 Travel Agents Act 1985
s. 228
(2) The State is also relieved of any liability that it might
otherwise have had for another person having done
anything as described in subsection (1).
(3) The protection given by this section applies even
5 though the thing done as described in subsection (1)
may have been capable of being done whether or not
this Act had been enacted.
(4) In this section, a reference to the doing of anything
includes a reference to an omission to do anything.
10 ".
228. Section 52 amended
(1) Section 52(2) is amended by deleting "$2 000" and inserting
instead --
" $20 000 ".
15 (2) Section 52(3) is amended as follows:
(a) by deleting paragraphs (a) and (b), and "or" after
paragraph (b), and inserting the following paragraphs
instead --
"
20 (a) in the course of duty;
(b) under this Act;
";
(b) after paragraph (c) by deleting the full stop and inserting
instead --
25 "
;
(d) for the purposes of the investigation of any
suspected offence or the conduct of
proceedings against any person for an offence;
page 104
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Consumer and Employment Protection Part 5
Transitional provisions Division 24
s. 229
(e) in a manner that could not reasonably be
expected to lead to the identification of any
person to whom the information refers; or
(f) with the consent of the person to whom the
5 information relates, or each of them if there be
more than one.
".
Division 24 -- Transitional provisions
229. Commissioner for Fair Trading
10 (1) On commencement, the person holding the office of
Commissioner for Fair Trading immediately before
commencement is to be taken to have been designated as the
Commissioner or Registrar (as the case requires) for the
purposes of each of the following enactments --
15 (a) the Associations Incorporation Act 1987;
(b) the Business Names Act 1962;
(c) the Chattel Securities Act 1987;
(d) the Companies (Co-operative) Act 1943;
(e) Part 8 of the Competition Policy Reform (Western
20 Australia) Act 1996;
(f) the Consumer Affairs Act 1971;
(g) the Co-operative and Provident Societies Act 1903;
(h) the Credit Act 1984;
(i) the Credit (Administration) Act 1984;
25 (j) the Employment Agents Act 1976;
(k) the Hire-Purchase Act 1959;
(l) the Limited Partnerships Act 1909;
(m) the Motor Vehicle Dealers Act 1973;
(n) the Petroleum Products Pricing Act 1983;
30 (o) the Petroleum Retailers Rights and Liabilities Act 1982;
page 105
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 24 Transitional provisions
s. 229
(p) the Residential Tenancies Act 1987;
(q) the Retirement Villages Act 1992;
(r) the Travel Agents Act 1985.
(2) A thing done or omitted to be done by, to or in relation to, the
5 Commissioner for Fair Trading (including in his or her capacity
as the Prices Commissioner) before commencement under a
provision of the Consumer Affairs Act 1971 for the purposes of
another enactment listed in subsection (1) has the same effect
after commencement, to the extent that it has any force or
10 significance after commencement, as if it had been done or
omitted --
(a) by, to or in relation to, the Commissioner or Registrar
(as the case requires) as defined in that other enactment
as in force after commencement; and
15 (b) where relevant, under the corresponding provision of
that other enactment as in force after commencement.
(3) To the extent that a thing done or omitted to be done by, to or in
relation to, the Commissioner for Fair Trading (including in his
or her capacity as the Prices Commissioner) before
20 commencement under, or for the purposes of, an enactment
listed in subsection (1) is not covered by subsection (2), it has
the same effect after commencement, to the extent that it has
any force or significance after commencement, as if it had been
done or omitted by, to or in relation to, the Commissioner or
25 Registrar (as the case requires) as defined in that enactment as
in force after commencement.
(4) A thing done or omitted to be done by, to or in relation to, the
Commissioner for Fair Trading before commencement under, or
for the purposes of, an enactment not listed in subsection (1) has
30 the same effect after commencement, to the extent that it has
any force or significance after commencement, as if it had been
done or omitted by, to or in relation to, the Commissioner as
defined in the Consumer Affairs Act 1971 as in force after
commencement.
page 106
Machinery of Government (Miscellaneous Amendments) Bill 2003
Consumer and Employment Protection Part 5
Transitional provisions Division 24
s. 230
(5) A reference in an enactment to the Commissioner for Fair
Trading is to have effect after commencement as if it had been
amended to be a reference to --
(a) in the case of an enactment listed in subsection (1) or
5 subsidiary legislation made under such an enactment --
the Commissioner or Registrar (as the case requires) as
defined in the enactment as in force after
commencement; or
(b) in the case of any other enactment or subsidiary
10 legislation -- the Commissioner as defined in the
Consumer Affairs Act 1971 as in force after
commencement.
230. Commissioner for Corporate Affairs and Registrar of
Co-operative and Financial Institutions
15 (1) A thing done or omitted to be done by, to or in relation to, the
Commissioner for Corporate Affairs before commencement
under, or for the purposes of, the Companies (Co-operative)
Act 1943 has the same effect after commencement as if it had
been done or omitted by, to or in relation to, the Registrar as
20 defined in that Act as in force after commencement.
(2) A thing done or omitted to be done by, to or in relation to, the
Registrar of Co-operative and Financial Institutions before
commencement under, or for the purposes of, the Co-operative
and Provident Societies Act 1903 has the same effect after
25 commencement as if it had been done or omitted by, to or in
relation to, the Registrar as defined in that Act as in force after
commencement.
231. Consumer Affairs Act 1971
Each office in existence immediately before commencement
30 because of section 15(1) of the Consumer Affairs Act 1971 does
not cease merely because that subsection is repealed by this Act.
page 107
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 5 Consumer and Employment Protection
Division 24 Transitional provisions
s. 232
232. Petroleum Products Pricing Act 1983
Each office in existence immediately before commencement
because of section 5(2)(b) of the Petroleum Products Pricing
Act 1983 does not cease merely because that paragraph is
5 deleted by this Act.
233. Interpretation
In this Division --
"commencement" means the time at which this Division comes
into operation;
10 "Commissioner for Fair Trading" means the Commissioner
for Fair Trading referred to in section 15 of the Consumer
Affairs Act 1971 as in force before commencement;
"Prices Commissioner" means the Prices Commissioner
referred to in section 5(1) of the Petroleum Products
15 Pricing Act 1983 as in force before commencement.
page 108
Machinery of Government (Miscellaneous Amendments) Bill 2003
Energy Part 6
Electricity Act 1945 Division 1
s. 234
Part 6 -- Energy
Division 1 -- Electricity Act 1945
234. The Act amended
The amendments in this Division are to the Electricity
5 Act 1945*.
[* Reprint 5 as at 6 June 2003.]
235. Section 5 amended
(1) Section 5(1) is amended by inserting the following definition in
the appropriate alphabetical position --
10 "
"Minister" has a meaning that is modified by
subsections (2) and (3);
".
(2) At the end of section 5 the following subsections are inserted --
15 "
(2) A reference in a provision of this Act to the Minister is
a reference to --
(a) if, for the time being, different Ministers
administer the provision in respect of different
20 matters -- the Minister administering the
provision in respect of the matter in respect of
which the provision is being applied; or
(b) if paragraph (a) does not apply -- the Minister
administering the provision.
25 (3) A reference in a regulation made under section 32 to
the Minister is a reference to --
(a) if, for the time being, different Ministers
administer section 32 in respect of different
matters -- the Minister administering
page 109
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 6 Energy
Division 2 Energy Coordination Act 1994
s. 236
section 32 in respect of the matter in respect of
which the regulation is being applied; or
(b) if paragraph (a) does not apply -- the Minister
administering section 32.
5 (4) Subsections (2) and (3) do not limit the operation of
section 12 of the Interpretation Act 1984.
".
236. Section 32 amended
(1) Section 32(1) is amended as follows:
10 (a) by deleting "matters" in the first place where it occurs;
(b) in paragraph (r) by deleting "generally in regard to any
other matters" and inserting instead --
" generally, ".
(2) Section 32(6)(a) is amended as follows:
15 (a) by inserting after "Minister" --
" or Ministers ";
(b) by inserting before "committed" --
" , or provisions of it are, ".
Division 2 -- Energy Coordination Act 1994
20 237. The Act amended
The amendments in this Division are to the Energy
Coordination Act 1994*.
[* Reprinted as at 5 May 2000.
For subsequent amendments see Western Australian
25 Legislation Information Tables for 2002, Table 1, p. 119, and
Act No. 53 of 2003.]
page 110
Machinery of Government (Miscellaneous Amendments) Bill 2003
Energy Part 6
Energy Coordination Act 1994 Division 2
s. 238
238. Section 3 amended
(1) Section 3 is amended as follows:
(a) by inserting before "In" the subsection
designation "(1)";
5 (b) by inserting the following definition in the appropriate
alphabetical position --
"
"Minister" has a meaning that is modified by
subsections (2) and (3);
10 ".
(2) At the end of section 3 the following subsections are inserted --
"
(2) A reference in a provision of this Act to the Minister is
a reference to --
15 (a) if, for the time being, different Ministers
administer the provision in respect of different
matters -- the Minister administering the
provision in respect of the matter in respect of
which the provision is being applied; or
20 (b) if paragraph (a) does not apply -- the Minister
administering the provision.
(3) A reference in a regulation made under section 26 to
the Minister is a reference to --
(a) if, for the time being, different Ministers
25 administer section 26 in respect of different
matters -- the Minister administering
section 26 in respect of the matter in respect of
which the regulation is being applied; or
(b) if paragraph (a) does not apply -- the Minister
30 administering section 26.
page 111
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 6 Energy
Division 2 Energy Coordination Act 1994
s. 239
(4) Subsections (2) and (3) do not limit the operation of
section 12 of the Interpretation Act 1984.
".
239. Part 1A inserted
5 After section 3 the following Part is inserted --
"
Part 1A -- Coordinator of Energy
4. Coordinator of Energy
A Coordinator of Energy is to be appointed under
10 Part 3 of the Public Sector Management Act 1994.
4A. Coordinator's functions
The functions of the Coordinator are --
(a) to assist the Minister in planning and
coordinating the provision of energy in the
15 State;
(b) to perform the functions vested in the
Coordinator by or under this Act or any other
written law;
(c) to advise the Minister on all aspects of energy
20 policy, including --
(i) the energy needs of the State;
(ii) ways of using energy and sources of
energy, including renewable energy;
(iii) the introduction and encouragement of
25 competition in the energy industry;
(iv) ways of promoting and achieving open
access to transmission and distribution
systems;
(v) ways of achieving greater efficiency in
30 the use of energy;
page 112
Machinery of Government (Miscellaneous Amendments) Bill 2003
Energy Part 6
Energy Coordination Act 1994 Division 2
s. 239
(vi) the use of energy policy to assist in
achieving other policy objectives of
government;
(vii) matters relating to the operation of
5 relevant legislation;
(d) for the purposes of paragraphs (a), (b)
and (c) --
(i) to monitor the operation of the State's
energy industry and its participants; and
10 (ii) to consult with interested groups and
persons;
(e) to undertake, sponsor and coordinate research,
development and demonstration relating to
energy;
15 (f) to promote the development of commercial
applications of renewable energy;
(g) to produce and publish information and reports
on energy-related matters;
(h) to provide support in the resolution of disputes
20 about energy-related matters.
4B. Staff for the Coordinator
Officers may be appointed or made available under
Part 3 of the Public Sector Management Act 1994 to
enable the Coordinator to perform his or her functions.
25 4C. Delegation by the Coordinator
(1) The Coordinator may by instrument in writing delegate
to an officer referred to in section 4B the performance
of any of his or her functions including functions under
a written law, but not including the power to delegate
30 under this section.
(2) The Coordinator's powers under subsection (1) also
extend to delegation of functions to the Director.
page 113
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Part 6 Energy
Division 2 Energy Coordination Act 1994
s. 239
(3) A delegation may be general or as otherwise provided
by the instrument of delegation.
(4) A delegate remains subject to the direction and control
of the delegator.
5 (5) Performance of a function by a delegate is to be treated
as performance by the delegator.
4D. Minister may give directions to the Coordinator
(1) The Minister may give directions in writing to the
Coordinator with respect to the performance of his or
10 her functions, either generally or in relation to a
particular matter, and he or she is to give effect to any
such direction.
(2) The text of any direction given under subsection (1) is
to be --
15 (a) laid before each House of Parliament within 14
sitting days of that House after the direction is
given; and
(b) included in the annual report submitted by the
relevant accountable officer under section 62 of
20 the Financial Administration and Audit
Act 1985.
4E. Minister to have access to information from
Coordinator
(1) The Minister is entitled --
25 (a) to have information in the possession of the
Coordinator; and
(b) where the information is in or on a document,
to have, and make and retain copies of, that
document.
page 114
Machinery of Government (Miscellaneous Amendments) Bill 2003
Energy Part 6
Energy Coordination Act 1994 Division 2
s. 240
(2) For the purposes of subsection (1) the Minister may --
(a) request the Coordinator to furnish information
to the Minister;
(b) request the Coordinator to give the Minister
5 access to information; and
(c) for the purposes of paragraph (b) make use of
the staff referred to in section 4B to obtain the
information and furnish it to the Minister.
(3) The Coordinator is to comply with a request under
10 subsection (2) and make staff and facilities available to
the Minister for the purposes of paragraph (c) of that
subsection.
(4) In this section --
"document" includes any tape, disc or other device or
15 medium on which information is recorded or
stored mechanically, photographically,
electronically or otherwise;
"information" means information specified, or of a
description specified, by the Minister that relates
20 to the functions of the Coordinator.
".
240. Section 4A amended
Section 4A is amended as follows:
(a) by deleting paragraph (e) and inserting the following
25 paragraph instead --
"
(e) to promote energy research and development as
provided by Schedule 1;
";
page 115
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 6 Energy
Division 2 Energy Coordination Act 1994
s. 241
(b) after paragraph (g) by inserting the following
paragraph --
"
(ga) to maintain a collection of the information and
5 reports referred to in paragraph (g) and the
information and reports produced by the Solar
Institute formerly established by the Solar
Energy Research Act 1977;
".
10 241. Heading to Part 2 amended
The heading to Part 2 is amended by deleting "Coordinator of
Energy, and".
242. Sections 4 and 6 repealed
Sections 4 and 6 are repealed.
15 243. Section 8 amended
Section 8 is amended by deleting "the Coordinator and".
244. Section 9 amended
(1) Section 9(1) is amended by deleting "Each of the Coordinator
and the Director" and inserting instead --
20 " The Director ".
(2) Section 9(2) is repealed.
245. Section 10 amended
(1) Section 10(1) is amended by deleting "the Coordinator or".
(2) Section 10(1a) is repealed.
25 246. Section 11 amended
(1) Section 11(1) and (2)(a) and (b) are amended by deleting "the
Coordinator or".
page 116
Machinery of Government (Miscellaneous Amendments) Bill 2003
Energy Part 6
Energy Coordination Act 1994 Division 2
s. 247
(2) Section 11(3) is amended by deleting "The Coordinator or the
Director" and inserting instead --
" The Director ".
(3) Section 11(4) is amended in the definition of "information" by
5 deleting "the Coordinator or".
247. Section 11X amended
Section 11X(4)(a) is amended by deleting "Corporations" and
inserting instead --
" Operators ".
10 248. Section 11ZK amended
Section 11ZK(2) is amended by deleting "responsible for the
administration of this Act".
249. Heading to Part 2A Division 10 amended
The heading to Part 2A Division 10 is amended by deleting
15 "Corporations" and inserting instead --
" Operators ".
250. Section 11ZO amended
Section 11ZO(1), (2) and (4) are amended by deleting
"Corporations" and inserting instead --
20 " Operators ".
251. Section 12 amended
Section 12(1) is repealed.
page 117
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 6 Energy
Division 2 Energy Coordination Act 1994
s. 252
252. Section 13 amended
Section 13(1) is amended by deleting "The Coordinator or the
Director, as the case may require," and inserting instead --
" The Director ".
5 253. Section 19 amended
(1) Section 19(1) is amended by deleting all of the subsection from
and including "manner to -- " and inserting instead --
" manner to the Director. ".
(2) Section 19(2) is amended by deleting "The Coordinator or the
10 Director, as the case may be," and inserting instead --
" The Director ".
254. Heading to Part 4 replaced and heading to Division 1
inserted
The heading to Part 4 is deleted and the following headings are
15 inserted instead --
"
Part 4 -- Information
Division 1 -- Obtaining information -- Coordinator
".
20 255. Heading to Division 2 inserted
After section 23 the following heading is inserted --
"
Division 2 -- Confidentiality -- Coordinator
and Director
25 ".
page 118
Machinery of Government (Miscellaneous Amendments) Bill 2003
Energy Part 6
Energy Coordination Act 1994 Division 2
s. 256
256. Heading to Schedule 2 amended
The heading to Schedule 2 is amended by deleting
"Corporations" and inserting instead --
" Operators ".
5 257. Various references to Coordinator in Schedule 3 changed to
Minister
Each provision of Schedule 3 listed in the Table to this section
is amended by deleting "Coordinator" in each place where it
occurs and inserting instead --
10 " Minister ".
Table
cl. 1(1) (defn. of "emergency") cl. 4
cl. 2(1) and (2) cl. 6
cl. 3(1), (3)(a) and (4) cl. 7(4) and (5)
Note: The heading to section 11ZO will be altered by deleting "Corporations"
and inserting instead "Operators".
The heading to Schedule 3 clause 4 will be altered by deleting
15 "Coordinator" and inserting instead "Minister".
page 119
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 7 Environment
Division 1 Conservation and Land Management Act 1984
s. 258
Part 7 -- Environment
Division 1 -- Conservation and Land Management Act 1984
258. The Act amended
The amendments in this Division are to the Conservation and
5 Land Management Act 1984*.
[* Reprint 4 as at 24 April 2003.]
For subsequent amendments see Gazette 15 August 2003
p. 3685-92.]
259. Section 3 amended
10 Section 3 is amended as follows:
(a) by inserting the following definitions in the appropriate
alphabetical positions --
"
"CEO" means the chief executive officer of the
15 Department;
"Department" means the department of the Public
Service principally assisting in the administration
of this Act;
"Executive Body" means the Conservation and Land
20 Management Executive Body established by
section 36;
"Land Administration Minister" means the Minister
to whom the administration of the Land
Administration Act 1997 is committed;
25 ";
(b) by deleting the definitions of "Department", "Director of
Forests", "Director of National Parks", "Director of
Nature Conservation" and "Executive Director".
page 120
Machinery of Government (Miscellaneous Amendments) Bill 2003
Environment Part 7
Conservation and Land Management Act 1984 Division 1
s. 260
260. Section 15 amended
Section 15(1) is amended by deleting "Minister administering
the Land Administration Act 1997" and inserting instead --
" Land Administration Minister ".
5 261. Section 16A amended
Section 16A(1) is amended by deleting "Minister to whom the
administration of that Act is committed" and inserting
instead --
" Land Administration Minister ".
10 262. Section 17 amended
Section 17(5) is amended by deleting "Minister administering
the Land Administration Act 1997" and inserting instead --
" Land Administration Minister ".
263. Section 17A amended
15 Section 17A(2) is amended by inserting after "Department" --
" (as defined in section 3 of this Act) ".
264. Section 22 amended
Section 22(1) is amended by deleting paragraph (a) and
inserting the following paragraph instead --
20 "
(a) is the CEO, a member of the staff of the
Conservation Commission or an officer of the
Department;
".
page 121
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 7 Environment
Division 1 Conservation and Land Management Act 1984
s. 265
265. Section 23 amended
(1) Section 23(3) is amended by deleting "Executive Director's"
and inserting instead --
" CEO's ".
5 (2) Section 23(5) is amended by inserting after "actions of " --
" the CEO or ".
(3) Section 23(6) is repealed and the following subsection is
inserted instead --
"
10 (6) In this section --
"Director" means a senior executive officer (within
the meaning of the Public Sector Management
Act 1994) designated by the CEO to be a Director
for the purposes of this section.
15 ".
266. Section 26D amended
Section 26D(5)(a) is amended by deleting "Executive
Director's" and inserting instead --
" CEO's ".
20 267. Headings to Part IV and Division 1 replaced
The headings to Part IV and Division 1 are deleted and the
following headings are inserted instead --
"
Part IV -- Administration
25 Division 1 -- Functions and powers
".
268. Section 32 repealed
Section 32 is repealed.
page 122
Machinery of Government (Miscellaneous Amendments) Bill 2003
Environment Part 7
Conservation and Land Management Act 1984 Division 1
s. 269
269. Section 33 amended
(1) Section 33(1) is amended as follows:
(a) in paragraph (ba) by inserting after "facilities" --
" of the Department ";
5 (b) in paragraph (bb) by deleting "Department's" and
inserting instead --
" CEO's ";
(c) in paragraph (d) by deleting ", and in particular to be the
instrument by which the administration of the Wildlife
10 Conservation Act 1950 is carried out by the Executive
Director pursuant to section 7 of that Act";
(d) in paragraph (g) by deleting "Minister to whom the
administration of the Land Administration Act 1997 is
committed" and inserting instead --
15 " Land Administration Minister ".
(2) Section 33(2) is amended by deleting "Minister referred to in
subsection (1)(g)" and inserting instead --
" Land Administration Minister ".
270. Section 34 repealed
20 Section 34 is repealed.
271. Section 34A amended
Section 34A(1) is amended by deleting "The powers conferred
by section 34 include power for the Executive Director" and
inserting instead --
25 " The powers of the CEO include power ".
page 123
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 7 Environment
Division 1 Conservation and Land Management Act 1984
s. 272
272. Section 34B amended
Section 34B(1) is amended by deleting "The powers conferred
by sections 34 and 34A include power for the Executive
Director" and inserting instead --
5 " The powers of the CEO include power ".
273. Part IV Division 2 replaced
Part IV Division 2 is repealed and the following Division is
inserted instead --
"
10 Division 2 -- The Conservation and Land Management
Executive Body
36. The Conservation and Land Management Executive
Body
(1) The Conservation and Land Management Executive
15 Body is established.
(2) The Executive Body is a body corporate with perpetual
succession.
(3) Proceedings may be taken by or against the Executive
Body in its corporate name.
20 (4) The Executive Body is to be governed by the CEO.
(5) The Executive Body is an agent of the State and has the
status, immunities and privileges of the State.
37. Purpose and nature of the Executive Body
The Executive Body is established to provide a body
25 corporate through which the CEO can perform any of
the CEO's functions under this Act or the Wildlife
Conservation Act 1950 that can more conveniently be
performed by a body corporate than an individual.
page 124
Machinery of Government (Miscellaneous Amendments) Bill 2003
Environment Part 7
Conservation and Land Management Act 1984 Division 1
s. 273
38. Execution of documents by the Executive Body
(1) The Executive Body is to have a common seal.
(2) A document is duly executed by the Executive Body
if --
5 (a) the common seal of the Executive Body is
affixed to it in accordance with subsections (3)
and (4);
(b) it is signed on behalf of the Executive Body by
the CEO; or
10 (c) it is signed on behalf of the Executive Body, as
authorised under subsection (5), by an officer
of the Department.
(3) The common seal of the Executive Body is not to be
affixed to a document except as authorised by the
15 Executive Body.
(4) The common seal of the Executive Body is to be
affixed to a document in the presence of the CEO, and
the CEO is to sign the document to attest that the
common seal was so affixed.
20 (5) The Executive Body may, by writing under its common
seal, authorise an officer of the Department to sign
documents on behalf of the Executive Body, either
generally or subject to any conditions or restrictions
specified in the authorisation.
25 (6) A document purporting to be executed in accordance
with this section is to be presumed to be duly executed
until the contrary is shown.
(7) A document executed by the CEO or another person
under this section without the common seal of the
30 Executive Body is not to be regarded as a deed unless it
is executed as a deed as authorised under
subsection (5).
page 125
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 7 Environment
Division 1 Conservation and Land Management Act 1984
s. 274
(8) When a document is produced bearing a seal
purporting to be the common seal of the Executive
Body, it is to be presumed that the seal is the common
seal of the Executive Body until the contrary is shown.
5 (9) For the purposes of this Act, a facsimile of --
(a) the Executive Body's common seal; or
(b) the signature of the CEO or a person authorised
under subsection (5) to execute deeds or other
documents,
10 may be used, and a deed or other document purporting
to be endorsed with such a facsimile is, until the
contrary is shown, to be regarded as bearing the
facsimile under this subsection.
".
15 274. Section 42 repealed
Section 42 is repealed.
275. Section 49 amended
Section 49(c) is amended by deleting "Executive Director
referred to in" and inserting instead --
20 " CEO as defined in section 4(1) of ".
276. Section 50 amended
Section 50(2) is amended as follows:
(a) by deleting "34,";
(b) by inserting after "officer of the Department" in the first
25 place where it occurs --
" , on behalf of or as representative of the CEO, ";
(c) by deleting "on behalf of or as representative of the
Department".
page 126
Machinery of Government (Miscellaneous Amendments) Bill 2003
Environment Part 7
Conservation and Land Management Act 1984 Division 1
s. 277
277. Section 64 amended
Section 64(1)(ga) is amended by deleting "the Department or
the Executive Director, as the case requires," and inserting
instead --
5 " the CEO ".
278. Section 65 amended
Section 65(a) is amended by deleting "at the Treasury".
279. Section 71 amended
Section 71(1) is amended by deleting "section 34" and inserting
10 instead --
" the powers of the CEO ".
280. Section 72 amended
Section 72(1) is amended by deleting "by the Department of its
functions" and inserting instead --
15 " of the CEO's functions ".
281. Section 75 amended
Section 75 is amended by deleting "of Conservation and Land
Management".
282. Section 133 amended
20 After section 133(2) the following subsection is inserted --
"
(3) Without limiting the things that may be delegated
under subsection (2), they may include things that are
to be done in the course of governing the affairs of the
25 Executive Body under section 36(4).
".
page 127
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 7 Environment
Division 1 Conservation and Land Management Act 1984
s. 283
283. Section 142 amended
Section 142(2) is amended by deleting "Minister to whom the
administration of the Land Administration Act 1997 is for the
time being committed" and inserting instead --
5 " Land Administration Minister ".
284. Various references to Department changed to CEO
Each provision listed in the Table to this section is amended by
deleting "Department" in each place where it occurs and
inserting instead --
10 " CEO ".
Table
s. 16(1) s. 54(3)(a) and (b)
s. 19(1)(g)(i), (ii) and (iii), and s. 63
(3) s. 64(1)(d), (da) and (g)
s. 25(4) (defn. of "staff ") s. 84(1)
s. 26B(1)(f)(i) and (2) s. 87(2)(b)
s. 26D(4) s. 102(1) (defn. of "land to
s. 33(1) and (2) which this Part applies")
s. 35(1) and (2)
285. Various references to Executive Director changed to CEO
Each provision listed in the Table to this section is amended by
deleting "Executive Director" in each place where it occurs and
15 inserting instead --
" CEO ".
Table
s. 9(3)(a) s. 91(2)
s. 14(2) s. 93
s. 16(1), (2), (3) and (4) s. 94(1) and (2)
s. 16B(1) s. 95(2)(b)
page 128
Machinery of Government (Miscellaneous Amendments) Bill 2003
Environment Part 7
Conservation and Land Management Act 1984 Division 1
s. 285
s. 17A(7)(b) s. 97(1)
s. 20(7)(c) s. 97A(1), (2), (3), (7), (8) and
s. 23(1), (2) and (3) (10)
s. 26D(5)(a) s. 99(1)
s. 33(6) s. 99A(1), (2), (3), (4) and (6)
s. 33A(3)(a) s. 100(1)
s. 34A(1) s. 101(1), (1a), (1b), (2), (3)
s. 34B(2), (3), (4b), (6a) and (5)
and (7a) s. 101B(1) and (2a)
s. 35(1) s. 103(2a)(a), (2b) and (3)
s. 43(2) s. 104(2)
s. 45(1) and (3a) s. 107(b)
s. 46(1) s. 108A(2)
s. 48(1), (2) and (3) s. 108B
s. 50(2) s. 108C(1) and (2)
s. 58(1), (2) and (3) s. 110
s. 64(1)(b) and (2)(c) s. 113(1)
s. 66(1), (2) and (3) s. 114A(2), (5) and (6)
s. 67 s. 118(2)
s. 68(3) s. 119A
s. 69(2) s. 120
s. 70 s. 131(1)
s. 71(1), (2) and (3) s. 132
s. 72(1), (2), (3) and (4) s. 133(1) and (2)
s. 73(1) and (2) s. 134(1)
s. 74(2) and (3) s. 136(1)
s. 82(1) s. 137
s. 83(1) s. 138(1)
s. 84(1) s. 140
s. 87A(1) s. 142(2)
s. 88(1) and (1a) s. 150(a), (b), (c) and (d)
s. 89(2)(a) and (c) s. 151(a)(i) and (b)(i)
page 129
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 7 Environment
Division 2 Environmental Protection Act 1986
s. 286
Note: The headings to sections 23, 72 and 137 will be altered by deleting
"Executive Director" and inserting instead "CEO".
The heading to section 33 will be altered by deleting "Department" and
inserting instead "the CEO".
5 The heading to section 35 will be altered by deleting "Department" and
inserting instead "The CEO".
Division 2 -- Environmental Protection Act 1986
286. The Act amended
The amendment in this Division is to the Environmental
10 Protection Act 1986*.
[* Reprinted as at 11 January 2002.
For subsequent amendments see Act No. 54 of 2003.]
287. Section 110H amended
Section 110H(1) is amended by deleting "at the Treasury,".
15 Division 3 -- Litter Act 1979
288. The Act amended
The amendments in this Division are to the Litter Act 1979*.
[* Reprinted as at 4 January 1999.
For subsequent amendments see Western Australian
20 Legislation Information Tables for 2002, Table 1, p. 220 and
Act No. 54 of 2003.]
289. Section 9 amended
Section 9(1)(h) and (i) are deleted and the following paragraphs
are inserted instead --
25 "
(h) one shall be appointed on the nomination of the
Departmental CEO as defined in section 1.4 of
the Local Government Act 1995;
page 130
Machinery of Government (Miscellaneous Amendments) Bill 2003
Environment Part 7
Litter Act 1979 Division 3
s. 290
(i) one shall be appointed on the nomination of the
CEO as defined in section 3 of the
Conservation and Land Management Act 1984;
".
5 290. Sections 15 and 16 amended
Sections 15(5) and 16(2) are amended by deleting "Public
Service Act 1978" and inserting instead --
" Public Sector Management Act 1994 ".
291. Section 26 amended
10 Section 26(2)(c)(i) to (iv) are deleted and the following
subparagraphs are inserted instead --
"
(i) an inspector, under the Environmental
Protection Act 1986;
15 (ii) a conservation and land management
officer, forest officer, wildlife officer or
ranger, under the Conservation and
Land Management Act 1984;
".
20 292. Third Schedule amended
The Third Schedule is amended as follows:
(a) by deleting the row relating to the Environmental
Protection Act 1971 and inserting instead --
"
Inspectors under the The CEO as defined in
Environmental Protection section 3 of the
Act 1986 Environmental Protection
Act 1986
25 ";
page 131
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 7 Environment
Division 4 Sandalwood Act 1929
s. 293
(b) by deleting the rows relating to the Forests Act 1918, the
Wildlife Conservation Act 1950 and the National Parks
Authority Act 1976 and inserting instead --
"
Conservation and land The CEO as defined in
management officers, forest section 3 of the Conservation
officers, wildlife officers or and Land Management
rangers under the Conservation Act 1984
and Land Management Act 1984
5 ";
(c) in column 2 of the row relating to the Fish Resources
Management Act 1994 by deleting "Executive Director
referred to in" and inserting instead --
" CEO as defined in section 4(1) of ";
10 (d) in column 2 of the row relating to the Western
Australian Marine Act 1982 by deleting "Manager of the
Department of Marine and Harbours" and inserting
instead --
"
chief executive officer as defined in section 3(1)
of the Western Australian Marine Act 1982
15 ".
Division 4 -- Sandalwood Act 1929
293. The Act amended
The amendments in this Division are to the Sandalwood
Act 1929*.
20 [* Reprinted as at 4 January 2002.]
294. Section 3 amended
Section 3(1)(b) is amended by deleting "Executive Director"
and inserting instead --
" CEO ".
page 132
Machinery of Government (Miscellaneous Amendments) Bill 2003
Environment Part 7
Wildlife Conservation Act 1950 Division 5
s. 295
Division 5 -- Wildlife Conservation Act 1950
295. The Act amended
The amendments in this Division are to the Wildlife
Conservation Act 1950*.
5 [* Reprinted as at 20 November 1998.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 435.]
296. Section 6 amended
Section 6(1) is amended as follows:
10 (a) by inserting the following definition in the appropriate
alphabetical position --
"
"CEO" has the meaning given by section 3 of the
Conservation and Land Management Act 1984;
15 ";
(b) by deleting the definition of "Executive Director".
297. Various references to Executive Director changed to CEO
Each provision listed in the Table to this section is amended by
deleting "Executive Director" in each place where it occurs and
20 inserting instead --
" CEO ".
Table
s. 7 s. 23C(3)(a) and (4)
s. 15(3)(a) s. 26(3)
s. 23(2) s. 27B
page 133
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 7 Environment
Division 6 Zoological Parks Authority Act 2001
s. 298
Division 6 -- Zoological Parks Authority Act 2001
298. The Act amended
The amendments in this Division are to the Zoological Parks
Authority Act 2001*.
5 [* Act No. 24 of 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 443 and
Gazette 15 August 2003 p. 3685-92.]
299. Section 33 amended
10 Section 33(1) is repealed and the following subsection is
inserted instead --
"
(1) The funds referred to in section 32 are to be credited to
an account called the "Zoological Parks Authority
15 Account" --
(a) forming part of the Trust Fund constituted
under section 9 of the Financial Administration
and Audit Act 1985; or
(b) with the approval of the Treasurer, at a bank or
20 other financial institution.
".
Division 7 -- Transitional provisions
300. Conservation and Land Management Act 1984
(1) A thing done or omitted to be done before commencement by,
25 to or in relation to the Executive Director (other than as the
body corporate referred to in section 38 of the Conservation and
Land Management Act 1984 as in force before commencement)
under, or for the purposes of, an enactment has the same effect
after commencement, to the extent that it has any force or
30 significance after commencement, as if it had been done or
page 134
Machinery of Government (Miscellaneous Amendments) Bill 2003
Environment Part 7
Transitional provisions Division 7
s. 300
omitted by, to or in relation to the CEO under, or for the
purposes of, that enactment.
(2) The Conservation and Land Management Executive Body
established by section 36 of the Conservation and Land
5 Management Act 1984 (as in force after commencement) is a
continuation of, and the same legal person as, the body
corporate referred to in section 38 of that Act (as in force before
commencement).
(3) Land placed under the management of the Department under
10 section 33(2) of the Conservation and Land Management
Act 1984 before commencement is to be taken to have been
placed, on commencement, under the management of the CEO
under that Act.
(4) The Registrar of Titles, the Minister administering the Land
15 Administration Act 1997 and Registrar of Deeds and Transfers
may make any entry in, or any endorsement or notation on, the
title, land register or other record in respect of land that is
necessary because of subsection (3).
(5) A reference in a written law or any other instrument to land
20 under the management of the Department under the
Conservation and Land Management Act 1984 is to be read as a
reference to land under the management of the CEO.
(6) A reference in a written law or any other instrument to the
Director of Nature Conservation, the Director of Forests or the
25 Director of National Parks is to be read as a reference to the
CEO.
(7) In this section --
"CEO" has the meaning given by section 3 of the Conservation
and Land Management Act 1984 as in force after
30 commencement;
"commencement" means the time at which section 259 comes
into operation;
page 135
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 7 Environment
Division 7 Transitional provisions
s. 300
"Executive Director" means the Executive Director referred to
in section 36 of the Conservation and Land Management
Act 1984 as in force before commencement,
and, unless the contrary intention appears, other words and
5 expressions in this section have the same respective meanings as
they have in the Conservation and Land Management Act 1984.
page 136
Machinery of Government (Miscellaneous Amendments) Bill 2003
Health Part 8
Dental Prosthetists Act 1985 Division 1
s. 301
Part 8 -- Health
Division 1 -- Dental Prosthetists Act 1985
301. The Act amended
The amendments in this Division are to the Dental Prosthetists
5 Act 1985*.
[* Reprint 1 as at 2 May 2003.]
302. Section 3 amended
Section 3(1) is amended as follows:
(a) by inserting the following definition in the appropriate
10 alphabetical position --
"
"CEO" has the meaning given by section 3 of the
Health Legislation Administration Act 1984;
";
15 (b) by deleting the definition of "Commissioner".
303. Section 5 amended
Section 5(2)(b) is deleted and the following paragraph is
inserted instead --
"
20 (b) 1 person shall be appointed on the nomination
of the chief executive officer of the department
as defined in section 5(1) of the Vocational
Education and Training Act 1996;
".
25 304. Various references to Commissioner changed to CEO
Each provision listed in the Table to this section is amended by
deleting "Commissioner" in each place where it occurs and
inserting instead --
" CEO ".
page 137
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 8 Health
Division 2 Health Act 1911
s. 305
Table
s. 5(2)(c)(ii) s. 22(1), (2) and (4)(b)
s. 12(1)(d) and (e) s. 23(1)
s. 13(1), (2)(b) and (5) s. 24(b) and (c)
s. 14(1), (2) and (3)(b) s. 26
s. 15(1) and (2) s. 27(1), (3) and (6)
s. 17 s. 28(1)(b) and (2)
s. 18(1) s. 29(1), (2) and (3)
s. 20(1) and (2) s. 30(1)
s. 21
Division 2 -- Health Act 1911
305. The Act amended
The amendments in this Division are to the Health Act 1911*.
5 [* Reprinted as at 31 March 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 168 and
Act No. 28 of 2003.]
306. Section 3 amended
10 Section 3(1) is amended as follows:
(a) by inserting the following definition in the appropriate
alphabetical position --
"
"CEO" has the meaning given by section 3 of the
15 Health Legislation Administration Act 1984;
";
(b) by deleting the definition of "Commissioner".
page 138
Machinery of Government (Miscellaneous Amendments) Bill 2003
Health Part 8
Health Act 1911 Division 2
s. 307
307. Heading to Part II Division 1 amended
The heading to Part II Division 1 is amended by deleting
"Commissioner" and inserting instead --
" CEO ".
5 308. Various references to Commissioner changed to CEO
Each provision listed in the Table to this section is amended by
deleting "Commissioner" in each place where it occurs and
inserting instead --
" CEO ".
10 Table
s. 5(3) s. 344B
s. 39(1) and (2) s. 349(1)
s. 324A s. 351(1), (2) and (5)
s. 330B(2) s. 354(8)
s. 337A(2) s. 357
s. 340B(3)(c) s. 362(2)
s. 340AB(3)(b), (3)(f) and s. 365(1)
(4)(c) s. 366(1) and (2)
s. 340BB(3)(b) s. 369(1)(c)
s. 341(2) s. 372(2)
s. 342(1)(b), (2) and (4) s. 376
s. 344(1)(b) s. 377(1) and (2)
s. 344A(2) and (3)
Note: The heading to section 324A will be altered by deleting
"Commissioner" and inserting instead "CEO".
page 139
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 8 Health
Division 3 Health Legislation Administration Act 1984
s. 309
Division 3 -- Health Legislation Administration Act 1984
309. The Act amended
The amendments in this Division are to the Health Legislation
Administration Act 1984*.
5 [* Reprinted as at 11 January 2002.]
310. Section 3 amended
Section 3 is amended as follows:
(a) by inserting the following definition in the appropriate
alphabetical position --
10 "
"CEO" means the chief executive officer of the
Department;
";
(b) in the definition of "prescribed officer" by deleting
15 "6(1)(a), (b)" and inserting instead --
" 6(1)(b) ".
311. Section 6 amended
Section 6(1)(a) is deleted.
312. Section 9 amended
20 Section 9(1) is amended by inserting after "the Minister" --
" , the CEO ".
Division 4 -- Health Services (Conciliation and Review) Act 1995
313. The Act amended
The amendments in this Division are to the Health Services
25 (Conciliation and Review) Act 1995*.
[* Reprinted as at 1 June 2001.
For subsequent amendments see Act No. 28 of 2003.]
page 140
Machinery of Government (Miscellaneous Amendments) Bill 2003
Health Part 8
Health Services (Conciliation and Review) Act 1995 Division 4
s. 314
314. Section 3 amended
(1) Section 3(1) is amended as follows:
(a) by inserting the following definition in the appropriate
alphabetical position --
5 "
"Health Department" has the meaning given to
"Department" by section 3 of the Health
Legislation Administration Act 1984;
";
10 (b) in the definition of "provider" by deleting paragraph (c)
and inserting the following paragraph instead --
"
(c) the chief executive officer of the Health
Department in respect of any health services
15 provided or rendered by persons carrying out
the functions of the Health Department, but
not including a health service provided or
rendered in a public hospital under the
Hospitals and Health Services Act 1927;
20 ".
(2) Section 3(3) is amended as follows:
(a) in paragraph (b) by deleting "Commissioner of Health"
and inserting instead --
" chief executive officer of the Health Department ";
25 (b) by deleting "Commissioner" and inserting instead --
" chief executive officer ".
315. Section 13 amended
Section 13(1) is amended by deleting "at the Treasury".
page 141
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 8 Health
Division 5 Hospital Fund Act 1930
s. 316
316. Section 25 amended
Section 25(2) is amended by deleting "Commissioner of
Health" and inserting instead --
" chief executive officer of the Health Department ".
5 Division 5 -- Hospital Fund Act 1930
317. The Act amended
The amendment in this Division is to the Hospital Fund
Act 1930*.
[* Reprint in Appendix to Session Volume 1937-1938.
10 For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 172 and
Act No. 28 of 2003.]
318. Section 3 amended
Section 3(2) is amended by deleting ", to be kept at the
15 Treasury".
Division 6 -- Hospitals and Health Services Act 1927
319. The Act amended
The amendments in this Division are to the Hospitals and
Health Services Act 1927*.
20 [* Reprinted as at 15 October 1999.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 174 and
Act No. 28 of 2003.]
page 142
Machinery of Government (Miscellaneous Amendments) Bill 2003
Health Part 8
Hospitals and Health Services Act 1927 Division 6
s. 320
320. Section 2 amended
Section 2(1) is amended as follows:
(a) by inserting the following definition in the appropriate
alphabetical position --
5 "
"CEO" has the meaning given by section 3 of the
Health Legislation Administration Act 1984;
";
(b) by deleting the definition of "Commissioner".
10 321. Various references to Commissioner changed to CEO
Each provision listed in the Table to this section is amended by
deleting "Commissioner" in each place where it occurs and
inserting instead --
" CEO ".
15 Table
s. 26B(2), (3) and (4) s. 26I(2)
s. 26C s. 26J(1)
s. 26D(1), (2), (4), (5)(a) s. 26K(1)(c)
and (b), (6) and (7) s. 26N(1) and (2)
s. 26DA(2), (3) and (4) s. 26O(2)(a)
s. 26F(1) s. 35A
s. 26FA(1) s. 37(2f)(d)
s. 26G(1), (3) and (4) s. 38(1)(c)
s. 26H(2)(a) and (3)
Note: The heading to section 26G will be altered by deleting "Commissioner"
and inserting instead "CEO".
page 143
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 8 Health
Division 7 Human Reproductive Technology Act 1991
s. 322
Division 7 -- Human Reproductive Technology Act 1991
322. The Act amended
The amendments in this Division are to the Human
Reproductive Technology Act 1991*.
5 [* Reprinted as at 12 July 2002.]
323. Section 3 amended
(1) Section 3(1) is amended in the definition of "authorised officer"
as follows:
(a) in paragraph (a) by deleting "Commissioner of Health"
10 and inserting instead --
" CEO ";
(b) in paragraph (b) by deleting "Commissioner" and
inserting instead --
" CEO ";
15 (c) by deleting paragraph (c) and inserting the following
paragraph instead --
"
(c) in relation to the powers referred to in
section 44(3)(c) or 49(4)(b), including a
20 reference to the chief executive officer of the
Department as defined in section 3 of the
Community Services Act 1972, or another
officer of that Department whom that chief
executive officer has authorised in writing;
25 ".
(2) Section 3(1) is amended in the definition of "licensing
authority" as follows:
(a) in paragraphs (a), (b) and (c) by deleting "Commissioner
of Health" and inserting instead --
30 " CEO ";
page 144
Machinery of Government (Miscellaneous Amendments) Bill 2003
Health Part 8
Human Reproductive Technology Act 1991 Division 7
s. 324
(b) in paragraph (c) by deleting "Commissioner" and
inserting instead --
" CEO ".
(3) Section 3(1) is amended as follows:
5 (a) by inserting the following definition in the appropriate
alphabetical position --
"
"CEO" has the meaning given by section 3 of the
Health Legislation Administration Act 1984;
10 ";
(b) by deleting the definitions of "Commissioner of Health",
"Commissioner" and "Director-General".
324. Section 13 amended
Section 13(4) is amended by deleting "department of the Public
15 Service of the State principally assisting the Minister in the
administration of the Health Act 1911" and inserting instead --
"
Department as defined in section 3 of the Health
Legislation Administration Act 1984
20 ".
325. Various references to Commissioner of Health changed to
CEO
(1) Each provision listed in the Table to this subsection is amended
by deleting "Commissioner of Health" in each place where it
25 occurs and inserting instead --
" CEO ".
Table
s. 5(1), (2) and (5) s. 39(1)
s. 6(4) s. 40(1)
s. 10(2) s. 41(1) and (3)
page 145
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 8 Health
Division 7 Human Reproductive Technology Act 1991
s. 325
s. 11(1)(c) s. 42(1), (3) and (5)
s. 12(2)(b) s. 43(1)
s. 13(1) and (4) s. 44(1), (2), (3), (4) and (5)
s. 14(1)(b) s. 45(1)
s. 24(2) s. 46(3)(b)
s. 25(c) s. 47(1)
s. 26(2) s. 48
s. 27(1) s. 49(4)(a)
s. 29(1)(a) s. 51(5) and (6)
s. 30(1)(a) s. 53(4)
s. 31(1) s. 54(6)
s. 32(2) s. 56(1)(a)
s. 35(1)(a) s. 57(4), (5), (7), (8), (9) and (10)
s. 36(1), (2) and (3) s. 59(1), (2) and (4)
s. 37(1) Sch. cl. 11(1)
s. 38(1)
(2) Each provision listed in the Table to this subsection is amended
by deleting "Commissioner" in each place where it occurs and
inserting instead --
" CEO ".
5 Table
s. 5(2), (6), (7), (8) and (9) s. 30(1) and (2)(b)
(defn. of "information") s. 33(2)(f), (g), (h) and (j)
s. 10(2) s. 37(1), (2) and (3)
s. 11(1) and (2)(a) s. 38(1) and (7)
s. 12(2)(b) and (c) s. 39(2)(d)(iii)
s. 13(2), (3), (4), (6), (7) and (8) s. 41(2) and (3)
s. 14(3)(b) s. 42(1)
s. 20(5)(a) s. 44(4) and (5)
s. 24(3) s. 51(5) and (6)
s. 27(4)(a) s. 59(4)
s. 28(1) s. 60(3) and (4)(b)
page 146
Machinery of Government (Miscellaneous Amendments) Bill 2003
Health Part 8
Medical Act 1894 Division 8
s. 326
s. 29(1)(c) and (2) Sch. cl. 11(1) and (2)
Note: The heading to section 13 will be altered by deleting "Commissioner of
Health" and inserting instead "CEO".
Division 8 -- Medical Act 1894
326. The Act amended
5 The amendments in this Division are to the Medical Act 1894*.
[* Reprinted as at 25 February 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 230 and
Acts Nos. 9 and 28 of 2003.]
10 327. Section 4 amended
Section 4(1a)(d) is amended by deleting "chief executive officer
of the department principally assisting the Minister charged
with the administration" and inserting instead --
" Commissioner as defined in section 4(1) ".
15 Division 9 -- Mental Health Act 1996
328. The Act amended
The amendments in this Division are to the Mental Health
Act 1996*.
[* Act No. 68 of 1996.
20 For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 239 and
Acts Nos. 21 and 28 of 2003.]
page 147
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 8 Health
Division 10 Nurses Act 1992
s. 329
329. Section 3 amended
Section 3 is amended as follows:
(a) by inserting the following definition in the appropriate
alphabetical position --
5 "
"CEO" has the meaning given by section 3 of the
Health Legislation Administration Act 1984;
";
(b) by deleting the definition of "Commissioner".
10 330. Various references to Commissioner changed to CEO
Each provision listed in the Table to this section is amended by
deleting "Commissioner" in each place where it occurs and
inserting instead --
" CEO ".
15 Table
s. 10(a) and (e) s. 173(1) and (2)
s. 11 s. 174(1), (3) and (4)(g)
Note: The headings to sections 11 and 173 will be altered by deleting
"Commissioner" and inserting instead "CEO".
Division 10 -- Nurses Act 1992
331. The Act amended
20 The amendments in this Division are to the Nurses Act 1992*.
[* Reprinted as at 18 May 1994.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 268 and
Act No. 9 of 2003.]
page 148
Machinery of Government (Miscellaneous Amendments) Bill 2003
Health Part 8
Poisons Act 1964 Division 11
s. 332
332. Section 4 amended
Section 4 is amended as follows:
(a) by inserting the following definition in the appropriate
alphabetical position --
5 "
"CEO" has the meaning given by section 3 of the
Health Legislation Administration Act 1984;
";
(b) in the definition of "designated area" by deleting
10 "Commissioner of Health" and inserting instead --
" CEO ".
333. Section 9 amended
Section 9(2a) is amended by deleting "Commissioner of Health
(within the meaning of the Health Act 1911)" and inserting
15 instead --
" CEO ".
Division 11 -- Poisons Act 1964
334. The Act amended
The amendments in this Division are to the Poisons Act 1964*.
20 [* Reprinted as at 22 January 1999.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 300 and
Act No. 9 of 2003 and Gazette 10 October 2003 p. 4403-4.]
page 149
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 8 Health
Division 11 Poisons Act 1964
s. 335
335. Section 5 amended
Section 5(1) is amended as follows:
(a) by inserting the following definition in the appropriate
alphabetical position --
5 "
"CEO" has the meaning given by section 3 of the
Health Legislation Administration Act 1984;
";
(b) by deleting the definition of "Commissioner of Health".
10 336. Section 55E amended
(1) Section 55E(1) is amended by deleting "Commissioner of
Health's" and inserting instead --
" CEO's ".
(2) Section 55E(1), (2) and (3) are amended by deleting
15 "Commissioner" in each place where it occurs and inserting
instead --
" CEO ".
337. Various references to Commissioner of Health changed
to CEO
20 Each provision listed in the Table to this section is amended by
deleting "Commissioner of Health" in each place where it
occurs and inserting instead --
" CEO ".
Table
s. 7(1) s. 40(ba)
s. 8(2)(a) and (4) s. 41A(1) and (2)
s. 19 s. 50(3)
s. 23(2) and (4) s. 59
s. 24(1), (2), (3), (4), (5) and (6) s. 61(b)(v)
page 150
Machinery of Government (Miscellaneous Amendments) Bill 2003
Health Part 8
Tobacco Control Act 1990 Division 12
s. 338
s. 25(1) and (2) s. 61A
s. 26A(1)(b), (2) and (3) s. 61B
s. 26B(2) and (3) s. 63(1)
s. 27 s. 64(1a), (2)(ha), (hb), (ja), (k)
s. 28 and (r)
s. 29(1) s. 64B
s. 36A
Note: The headings to sections 28 and 29 will be altered by deleting
"Commissioner of Health" and inserting instead "CEO".
Division 12 -- Tobacco Control Act 1990
338. The Act amended
5 The amendments in this Division are to the Tobacco Control
Act 1990*.
[* Reprinted as at 2 November 2001.]
339. Section 4 amended
Section 4 is amended as follows:
10 (a) by inserting the following definition in the appropriate
alphabetical position --
"
"CEO (Health)" has the meaning given to "CEO" by
section 3 of the Health Legislation Administration
15 Act 1984;
";
(b) by deleting the definition of "the Commissioner of
Health".
page 151
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 8 Health
Division 12 Tobacco Control Act 1990
s. 340
340. Section 17 amended
(1) Section 17(1) is amended as follows:
(a) by deleting paragraph (h) and inserting the following
paragraph instead --
5 "
(h) one shall be the CEO (Health) or the nominee
of the CEO (Health);
";
(b) in paragraph (k) by deleting "department principally
10 assisting the Minister for the Family" and inserting
instead --
"
Department as defined in section 3 of the
Community Services Act 1972
15 ".
(2) Section 17(8)(b) is amended by deleting "Commissioner of
Health" and inserting instead --
" CEO (Health) ".
341. Section 19 amended
20 Section 19 is amended by deleting "Public Service
Commissioner" and inserting instead --
" Minister for Public Sector Management ".
342. Section 26 amended
Section 26(3) is amended by deleting "at the Treasury".
25 343. Section 29 amended
Section 29 is amended by deleting "Commissioner of Health"
and inserting instead --
" CEO (Health) ".
page 152
Machinery of Government (Miscellaneous Amendments) Bill 2003
Health Part 8
Transitional provisions Division 13
s. 344
Division 13 -- Transitional provisions
344. Commissioner of Health
(1) A thing done or omitted to be done by, to or in relation to, the
Commissioner of Health before commencement under, or for
5 the purposes of, an enactment has the same effect after
commencement, to the extent that it has any force or
significance after commencement, as if it had been done or
omitted by, to or in relation to, the CEO.
(2) In this section --
10 "CEO" has the meaning given by section 3 of the Health
Legislation Administration Act 1984 as in force after
commencement;
"commencement" means the time at which this Division comes
into operation;
15 "Commissioner of Health" means the Commissioner of Health
referred to in section 6(1)(a) of the Health Legislation
Administration Act 1984 as in force before commencement.
page 153
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 9 Housing and Works
Division 1 Country Housing Act 1998
s. 345
Part 9 -- Housing and Works
Division 1 -- Country Housing Act 1998
345. The Act amended
The amendments in this Division are to the Country Housing
5 Act 1998*.
[* Reprinted as at 13 December 2002.
For subsequent amendments see Acts Nos. 21 and 28 of
2003.]
346. Long title amended
10 The long title is amended by deleting "for the establishment of
an authority".
347. Section 3 amended
Section 3 is amended as follows:
(a) by deleting the definition of "Authority" and inserting
15 instead --
"
"Authority" means the Housing Authority referred to
in section 6(4) of the Housing Act 1980;
".
20 (b) by deleting the definition of "committee".
348. Heading to Part 2 amended
The heading to Part 2 is amended by deleting "Country".
349. Part 2 Division 1 repealed
Part 2 Division 1 is repealed.
25 350. Section 10 repealed
Section 10 is repealed.
page 154
Machinery of Government (Miscellaneous Amendments) Bill 2003
Housing and Works Part 9
Government Employees' Housing Act 1964 Division 2
s. 351
351. Section 11 amended
Section 11(3) is amended in paragraphs (b) and (c) by deleting
"with the approval of the Minister,".
352. Section 12 repealed
5 Section 12 is repealed.
353. Part 2 Division 3 repealed
Part 2 Division 3 is repealed.
354. Section 15 amended
Section 15(2) is amended by deleting "at the Treasury".
10 355. Section 22 repealed
Section 22 is repealed.
356. Schedule 1 repealed
Schedule 1 is repealed.
Division 2 -- Government Employees' Housing Act 1964
15 357. The Act amended
The amendments in this Division are to the Government
Employees' Housing Act 1964*.
[* Reprinted as at 8 December 2000.
For subsequent amendments see Act No. 28 of 2003.]
20 358. Long title amended
The long title is amended by deleting "; to provide for the
establishment of the Government Employees' Housing
Authority;".
page 155
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 9 Housing and Works
Division 2 Government Employees' Housing Act 1964
s. 359
359. Section 4 amended
Section 4 is amended as follows:
(a) after paragraph (a) by inserting --
" and ";
5 (b) after paragraph (b) by deleting "; and" and inserting a
full stop;
(c) by deleting paragraph (c).
360. Section 5 amended
Section 5 is amended as follows:
10 (a) by deleting the definition of "Authority" and inserting
instead --
"
"Authority" means the Housing Authority referred to
in section 6(4) of the Housing Act 1980;
15 ";
(b) in the definition of "Fund" by deleting "Authority";
(c) by deleting the definition of "permanent head".
361. Section 6 repealed
Section 6 is repealed.
20 362. Part II repealed
Part II is repealed.
363. Section 18 amended
Section 18(1) and (2) are amended by deleting "permanent
head" and inserting instead --
25 " chief executive officer of a Department ".
page 156
Machinery of Government (Miscellaneous Amendments) Bill 2003
Housing and Works Part 9
Housing Act 1980 Division 3
s. 364
364. Section 19 amended
Section 19 is amended by inserting after "powers conferred on
the Authority by this" --
" or any other ".
5 365. Section 21 repealed
Section 21 is repealed.
366. Section 23 amended
Section 23(a) is amended by deleting "for the purposes of this
Act".
10 367. Section 24 amended
Section 24(1) is amended as follows:
(a) by deleting "and kept at the Treasury, forming" and
inserting instead --
" , as ";
15 (b) by deleting "Authority" in the first place where it
occurs.
368. Section 25 repealed
Section 25 is repealed.
Note: The heading to section 24 will be altered by deleting "Authority".
20 Division 3 -- Housing Act 1980
369. The Act amended
The amendments in this Division are to the Housing Act 1980*.
[* Reprinted as at 27 May 1999.
For subsequent amendments see Western Australian
25 Legislation Information Tables for 2002, Table 1, p. 175, and
Acts Nos. 20 and 28 of 2003.]
page 157
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 9 Housing and Works
Division 3 Housing Act 1980
s. 370
370. Long title amended
The long title is amended by deleting "preserve and continue
The State Housing Commission" and inserting instead --
"
5 provide for the Housing Authority by merging the Country
Housing Authority and the Government Employees'
Housing Authority into The State Housing Commission
".
371. Section 5 amended
10 Section 5(1)(a) is amended as follows:
(a) by inserting the following definitions in the appropriate
alphabetical positions --
"
"Authority" means the Housing Authority referred to
15 in section 6(4);
"officer of the Authority" means --
(a) the chief executive officer of the Authority;
(b) an officer referred to in section 17(b); and
(c) an officer or employee referred to in
20 section 18A(1) whose services the Authority
is making use of;
";
(b) in the definition of "the Fund" by deleting "The State"
and inserting instead --
25 " the ";
(c) by deleting the definitions of "appointed member",
"chairman", "member", "officer of the Commission"
and "the Commission".
page 158
Machinery of Government (Miscellaneous Amendments) Bill 2003
Housing and Works Part 9
Housing Act 1980 Division 3
s. 372
372. Heading to Part II amended
The heading to Part II is amended by deleting "Commission"
and inserting instead --
" Authority ".
5 373. Heading to Part II Division 1 replaced
The heading to Part II Division 1 is deleted and the following
heading is inserted instead --
"
Division 1 -- The Housing Authority
10 ".
374. Section 6 amended
(1) Section 6 is amended by inserting before "The" the subsection
designation "(1)".
(2) At the end of section 6 the following subsections are inserted --
15 "
(2) At the merger time the former bodies merge into The
State Housing Commission.
(3) The State Housing Commission, as renamed by
subsection (4), is a continuation of the former bodies.
20 (4) Immediately after the merger time The State Housing
Commission is renamed as the Housing Authority.
(5) In this section --
"former bodies" means --
(a) the Country Housing Authority established
25 by section 4 of the Country Housing
Act 1998 as in force before the merger time;
and
(b) the Government Employees' Housing
Authority established by section 8 of the
page 159
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 9 Housing and Works
Division 3 Housing Act 1980
s. 375
Government Employees' Housing Act 1964
as in force before the merger time;
"merger time" means the time at which section 374 of
the Machinery of Government (Miscellaneous
5 Amendments) Act 2003 comes into operation.
".
375. Section 7 amended
Section 7(2) is amended by inserting before "affixed" in the first
place where it occurs --
10 "
or any of the former bodies (within the meaning of
section 6)
".
376. Sections 8 to 10 replaced
15 Sections 8 to 10 are repealed and the following sections are
inserted instead --
"
8. Authority to be an SES organisation
The Authority is to be an SES organisation under the
20 Public Sector Management Act 1994.
9. Management
(1) The Authority is to be governed by its chief executive
officer.
(2) The chief executive officer, in the name of the
25 Authority, is to perform the functions of the Authority
under this Act or any other written law.
".
page 160
Machinery of Government (Miscellaneous Amendments) Bill 2003
Housing and Works Part 9
Housing Act 1980 Division 3
s. 377
377. Heading to Part II Division 2 amended
The heading to Part II Division 2 is amended by deleting
"Commission" and inserting instead --
" Authority ".
5 378. Section 11 amended
(1) Section 11(1) is amended by inserting after "Act" --
"
, the Country Housing Act 1998 and the Government
Employees' Housing Act 1964
10 ".
(2) Section 11(2) and (3) are repealed.
379. Sections 11A and 11B inserted
After section 11 the following sections are inserted --
"
15 11A. 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, and the Authority is
20 to give effect to any such direction.
(2) The Minister must cause a copy of a direction under
subsection (1) to be laid before each House of
Parliament, or dealt with under subsection (3), within
14 days after the direction is given.
25 (3) If --
(a) at the commencement of the period referred to
in subsection (2) a House of Parliament is not
sitting; and
page 161
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 9 Housing and Works
Division 3 Housing Act 1980
s. 379
(b) the Minister is of the opinion that that House
will not sit during that period,
the Minister is to transmit a copy of the direction to the
Clerk of that House.
5 (4) A copy of a direction transmitted to the Clerk of a
House is to be regarded --
(a) as having been laid before that House; and
(b) as being a document published by order or
under the authority of that House.
10 (5) The laying of a copy of a direction that is regarded as
having occurred under subsection (4)(a) is to be
recorded in the Minutes, or Votes and Proceedings, of
the House on the first sitting day of the House after the
Clerk received the copy.
15 (6) 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 section 66
of the Financial Administration and Audit Act 1985.
11B. Minister to have access to information
20 (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 make and retain copies of, that
25 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
30 access to information;
page 162
Machinery of Government (Miscellaneous Amendments) Bill 2003
Housing and Works Part 9
Housing Act 1980 Division 3
s. 380
(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
5 subsection (2) 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
10 medium on which information is recorded or
stored mechanically, photographically,
electronically or otherwise;
"information" means information specified, or of a
description specified, by the Minister that relates
15 to the functions of the Authority under this or any
other Act.
".
380. Section 12 amended
Section 12 is amended by inserting after "for the purposes of
20 this Act" --
"
, the Country Housing Act 1998 and the Government
Employees' Housing Act 1964
".
25 381. Section 12A amended
(1) Section 12A(1) is amended by inserting after "the objects of this
Act" --
"
, the Country Housing Act 1998 or the Government
30 Employees' Housing Act 1964
".
page 163
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 9 Housing and Works
Division 3 Housing Act 1980
s. 382
(2) Section 12A(4) is amended by inserting after "exercise under
this Act" --
"
, the Country Housing Act 1998 or the Government
5 Employees' Housing Act 1964
".
382. Section 13 amended
Section 13(1) is amended as follows:
(a) by inserting after "under this Act" --
10 "
, the Country Housing Act 1998 or the Government
Employees' Housing Act 1964
";
(b) by deleting "a member or".
15 383. Section 16 amended
Section 16(1) is amended by inserting after "this Act" --
"
, the Country Housing Act 1998 or the Government
Employees' Housing Act 1964
20 ".
384. Heading to Part II Division 3 amended
The heading to Part II Division 3 is amended by deleting
"Commission" and inserting instead --
" Authority ".
25 385. Section 17 amended
(1) Section 17 is amended as follows:
(a) by inserting before "To enable" the subsection
designation "(1)";
page 164
Machinery of Government (Miscellaneous Amendments) Bill 2003
Housing and Works Part 9
Housing Act 1980 Division 3
s. 386
(b) in paragraph (a) by deleting "general manager" and
inserting instead --
" chief executive officer ";
(c) in paragraph (b) by deleting ", employed or engaged,";
5 (d) in paragraph (b) by deleting ", employees and other
persons".
(2) At the end of section 17 the following subsections are
inserted --
"
10 (2) The chief executive officer of the Authority cannot be
excluded from the Senior Executive Service under
section 43(3) of the Public Sector Management
Act 1994.
(3) The chief executive officer is responsible for, and has
15 the necessary powers to administer, the day to day
operations of the Authority.
".
386. Section 18A inserted
After section 18 the following section is inserted in Part II --
20 "
18A. Use of other staff and facilities
(1) The Authority may by arrangement with the relevant
employing authority make use, either full-time or
part-time, of the services of any officer or employee --
25 (a) in the Public Service;
(b) in a State agency or instrumentality; or
(c) otherwise in the service of the State.
(2) The Authority may by arrangement with --
(a) a department of the Public Service; or
page 165
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 9 Housing and Works
Division 3 Housing Act 1980
s. 387
(b) a State agency or instrumentality,
make use of any facilities of the department, agency or
instrumentality.
(3) An arrangement under subsection (1) or (2) is to be
5 made on such terms as are agreed to by the parties.
(4) In this section, "employing authority", "Public
Service" and other expressions used in the Public
Sector Management Act 1994 have the same respective
meanings as they have in that Act.
10 ".
387. Section 22 amended
Section 22(3) is amended by deleting "this Act" and inserting
instead --
" this or any other Act ".
15 388. Heading to Part IV amended
The heading to Part IV is amended by deleting "Commission"
and inserting instead --
" Authority ".
389. Section 50 amended
20 Section 50(3) is amended as follows:
(a) by inserting after "this Act" in the first place where it
occurs --
"
, the Country Housing Act 1998 or the Government
25 Employees' Housing Act 1964
";
(b) by deleting "this Act" in the second place where it
occurs and inserting instead --
" those Acts ".
page 166
Machinery of Government (Miscellaneous Amendments) Bill 2003
Housing and Works Part 9
Housing Act 1980 Division 3
s. 390
390. Section 62 amended
(1) Section 62(1) is amended by deleting "for that purpose".
(2) Section 62(2) is amended by deleting "at the Treasury".
(3) Section 62(2), (4), (5), (6) and (8) are amended by deleting "The
5 State" and inserting instead --
" the ".
391. Section 69 replaced
Section 69 is repealed and the following section is inserted
instead --
10 "
69. Protection from personal liability
(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
15 performance of a function under this 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.
20 (3) Despite subsection (1), neither the Authority nor the
Crown is 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
25 includes a reference to an omission to do anything.
".
392. References to Commission changed to Authority
Each provision that contains a reference to the Commission
(other than Part IX and provisions deleted or repealed by this
page 167
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 9 Housing and Works
Division 4 Public Works Act 1902
s. 393
Division) is amended by deleting "Commission" in each place
where it occurs and inserting instead --
" Authority ".
Note: The heading to section 6 will be altered to read "The Housing
5 Authority".
The heading to section 11 will be altered to read "Authority to
implement housing Acts".
The heading to section 17 will be altered to read "Chief executive
officer of the Authority and other officers and employees".
10 The heading to section 44 will be altered by deleting "Commission's"
and inserting instead "Authority's".
The headings to sections 7, 12, 37, 45, 46, 49 and 60 will be altered by
deleting "Commission" and inserting instead "Authority".
Division 4 -- Public Works Act 1902
15 393. The Act amended
The amendments in this Division are to the Public Works
Act 1902*.
[* Reprinted as at 1 June 2001.
For subsequent amendments see Act No. 31 of 2003.]
20 394. Section 2 amended
Section 2 is amended in the definition of "Public work" by
inserting after paragraph (9) the following paragraph --
"
(9a) Public housing.
25 ".
395. Section 9E amended
Section 9E(2)(a) is amended by deleting "for the purposes of
this Part".
page 168
Machinery of Government (Miscellaneous Amendments) Bill 2003
Housing and Works Part 9
State Supply Commission Act 1991 Division 5
s. 396
Division 5 -- State Supply Commission Act 1991
396. The Act amended
The amendment in this Division is to the State Supply
Commission Act 1991*.
5 [* Reprinted as at 7 June 2002.]
397. Section 30 amended
Section 30(2) is amended by deleting "at the Treasury".
Division 6 -- Transitional matters
398. Financial reporting
10 (1) Despite the continuation of the former bodies as part of the
Housing Authority, section 65A of the Financial Administration
and Audit Act 1985 applies in relation to the preparation and
submission of a final report in respect of each former body as
if --
15 (a) at commencement, it were abolished;
(b) references in that section to a department were
references to the former body; and
(c) references in that section to provisions of sections 62 to
65 of the Financial Administration and Audit Act 1985
20 were references to the equivalent provisions of
sections 66 to 70 of that Act,
except that --
(d) the period to which the final report is to relate is the
final period; and
25 (e) the references in sections 66(1), 68 and 70(1) to the end
of the financial year are to be read as references to the
end of the final period.
(2) If at commencement, any duty imposed by Part II Division 14
of the Financial Administration and Audit Act 1985 on the
page 169
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 9 Housing and Works
Division 6 Transitional matters
s. 399
accountable authority of a former body has not been complied
with in relation to the former body for any financial year that
expired before commencement, that duty subsists and is to be
performed by the reporting officer as if the reporting officer
5 were the accountable authority.
(3) The time within which the reporting officer is to perform a duty
referred to in subsection (2) is extended until the end of the day
that is 2 months after the day on which the reporting officer is
appointed, but this subsection does not prevent the time from
10 being extended again under section 70 of the Financial
Administration and Audit Act 1985.
(4) The Housing Authority is to give the reporting officer access to
all records necessary for the purposes of this section.
(5) In this section --
15 "final period" means the period starting at the beginning of the
1 July immediately before commencement and ending
immediately before commencement;
"reporting officer" means the person appointed under
section 65A(2) of the Financial Administration and Audit
20 Act 1985 as applied because of subsection (1).
399. References to former bodies
After commencement, a reference to a former body in an
instrument or other document is to be taken to be a reference to
the Housing Authority unless the contrary intention appears or
25 the context otherwise requires.
400. Government Employees' Housing Act 1964
(1) The Government Employees' Housing Fund referred to in
section 24(1) of the Government Employees' Housing Act 1964
as in force after commencement is a continuation of the
30 Government Employees' Housing Authority Fund referred to in
that section as in force before commencement.
page 170
Machinery of Government (Miscellaneous Amendments) Bill 2003
Housing and Works Part 9
Transitional matters Division 6
s. 401
(2) After commencement, a reference to the Government
Employees' Authority Housing Fund in an instrument or other
document is to be taken to be a reference to the Government
Employees' Housing Fund referred to in section 24(1) of the
5 Government Employees' Housing Act 1964 as in force after
commencement unless the contrary intention appears or the
context otherwise requires.
401. Housing Act 1980
(1) After commencement, a reference to The State Housing
10 Commission in an instrument or other document is to be taken
to be a reference to the Housing Authority unless the contrary
intention appears or the context otherwise requires.
(2) The office of chief executive officer of the Housing Authority is
a continuation of the office of general manager of The State
15 Housing Commission referred to in the Housing Act 1980 as in
force before commencement.
(3) The Housing Authority Fund referred to in section 62(2) of the
Housing Act 1980 as in force after commencement is a
continuation of The State Housing Commission Fund referred to
20 in that subsection as in force before commencement.
(4) After commencement, a reference to The State Housing
Commission Fund in an instrument or other document is to be
taken to be a reference to the Housing Authority Fund referred
to in section 62(2) of the Housing Act 1980 as in force after
25 commencement unless the contrary intention appears or the
context otherwise requires.
(5) Section 69 of the Housing Act 1980, as in force before
commencement, continues to apply in relation to things done or
omitted to be done and agreements entered into before
30 commencement.
page 171
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 9 Housing and Works
Division 6 Transitional matters
s. 402
402. Interpretation
In this Division --
"commencement" means the time at which section 374 comes
into operation;
5 "former body" means --
(a) the Country Housing Authority established by
section 4 of the Country Housing Act 1998 as in force
before commencement;
(b) the Government Employees' Housing Authority
10 established by section 8 of the Government
Employees' Housing Act 1964 as in force before
commencement;
"Housing Authority" means the Housing Authority referred to
in section 6(4) of the Housing Act 1980 as in force after
15 commencement.
page 172
Machinery of Government (Miscellaneous Amendments) Bill 2003
Indigenous Affairs Part 10
Aboriginal Affairs Planning Authority Act 1972 Division 1
s. 403
Part 10 -- Indigenous Affairs
Division 1 -- Aboriginal Affairs Planning Authority Act 1972
403. The Act amended
The amendments in this Division are to the Aboriginal Affairs
5 Planning Authority Act 1972*.
[* Reprinted as at 5 February 1999.]
404. Long title amended
The long title is amended by deleting ", a Commissioner for
Aboriginal Planning".
10 405. Section 4 amended
Section 4 is amended as follows:
(a) by inserting the following definitions in the appropriate
alphabetical positions --
"
15 "CEO" means the chief executive officer of the
Department;
"Department" means the department of the Public
Service principally assisting in the administration
of this Act;
20 ";
(b) by deleting the definitions of "Commissioner" and "the
Department".
406. Section 10 repealed
Section 10 is repealed.
25 407. Section 16 repealed
Section 16 is repealed.
page 173
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 10 Indigenous Affairs
Division 1 Aboriginal Affairs Planning Authority Act 1972
s. 408
408. Section 17 amended
Section 17 is amended by deleting "Commissioner, or deputy of
the Commissioner" and inserting instead --
" CEO ".
5 409. Section 19 amended
Section 19(1) is amended as follows:
(a) in paragraph (a) by deleting "Commissioner, or in his
absence the deputy of the Commissioner" and inserting
instead --
10 " CEO ";
(b) by deleting paragraph (c) and inserting the following
paragraph instead --
"
(c) the chief executive officer of each of the
15 following --
(i) the department of the Public Service for
which the Under Treasurer is the chief
executive officer;
(ii) the Department as defined in section 3
20 of the Health Legislation Administration
Act 1984;
(iii) the Department as defined in section 3
of the Community Services Act 1972;
(iv) the department referred to in section 228
25 of the School Education Act 1999;
(v) the Housing Authority.
".
410. Section 35 amended
(1) Section 35(4) is repealed.
30 (2) Section 35(5) is amended by deleting ", the Director-General of
the department established under section 4 of the Community
Services Act 1972".
page 174
Machinery of Government (Miscellaneous Amendments) Bill 2003
Indigenous Affairs Part 10
Aboriginal Affairs Planning Authority Act 1972 Division 1
s. 411
411. Section 43 amended
(1) Section 43(1) is amended as follows:
(a) in paragraph (a) by deleting "for the purpose";
(b) after paragraph (e) by deleting "and";
5 (c) after paragraph (f) by deleting the full stop and
inserting --
"
; and
(g) any other moneys lawfully received by, made
10 available to, or payable to the Authority.
".
(2) Section 43(2) is amended by deleting "at the Treasury".
412. Section 48 amended
Section 48 is amended by deleting "officer of the department
15 established under section 4 of the Community Services
Act 1972, or any".
413. Various references to Commissioner changed to CEO
Each provision listed in the Table to this section is amended by
deleting "Commissioner" in each place where it occurs and
20 inserting instead --
" CEO ".
Table
s. 11(1) and (2) s. 39(2) and (4)
s. 14(4)(a) s. 40(a)
s. 31(2) s. 47(b)
s. 37 First Sch. cl. 6
Note: The heading to section 11 will be altered by deleting "Commissioner"
and inserting instead "CEO".
page 175
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 10 Indigenous Affairs
Division 2 Transitional provisions
s. 414
Division 2 -- Transitional provisions
414. Aboriginal Affairs Planning Authority Act 1972
(1) A thing done or omitted to be done by, to or in relation to the
Commissioner before commencement has the same effect after
5 commencement, to the extent that it has any force or
significance after commencement, as if it had been done or
omitted by, to or in relation to the CEO.
(2) Section 35(5) of the Aboriginal Affairs Planning Authority
Act 1972 (as in force before commencement) continues to apply
10 in relation to things done or omitted to be done before
commencement by the Director-General of the department
established under section 4 of the Community Services Act 1972
(as in force immediately before commencement).
(3) In this section --
15 "CEO" has the meaning given by section 4 of the Aboriginal
Affairs Planning Authority Act 1972 as in force after
commencement;
"commencement" means the time at which section 404 comes
into operation;
20 "Commissioner" has the meaning given to "Commissioner for
Aboriginal Affairs" by section 10 of the Aboriginal Affairs
Planning Authority Act 1972 as in force before
commencement.
page 176
Machinery of Government (Miscellaneous Amendments) Bill 2003
Local Government and Regional Development, and Heritage Part 11
Animal Welfare Act 2002 Division 1
s. 415
Part 11 -- Local Government and Regional
Development, and Heritage
Division 1 -- Animal Welfare Act 2002
415. The Act amended
5 The amendments in this Division are to the Animal Welfare
Act 2002*.
[* Act No. 33 of 2002.]
416. Section 5 amended
Section 5(1) is amended as follows:
10 (a) by inserting the following definition in the appropriate
alphabetical position --
"
"CEO" means the chief executive officer of the
Department;
15 ";
(b) by deleting the definition of "Director General".
417. Section 90 amended
Section 90(2) is amended by deleting "Director General's" and
inserting instead --
20 " CEO's ".
418. Various references to Director General changed to CEO
Each provision listed in the Table to this section is amended by
deleting "Director General" in each place where it occurs and
inserting instead --
25 " CEO ".
Table
s. 18(1), (2) and (4) s. 55(5)
page 177
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 11 Local Government and Regional Development, and Heritage
Division 2 Control of Vehicles (Off-road Areas) Act 1978
s. 419
s. 33(1), (2), (3), (4) and (5) s. 75(6)
s. 34(1), (2), (3) and (4) s. 82(1) and (4)
s. 35(2) and (4)(b) s. 83(1), (2) and (4)
s. 36(1) and (3) s. 89
s. 37(1)(d) and (2)(c) s. 90(1) and (2)
s. 44(11) (defn. "owner")
Note: The heading to section 89 will be altered by deleting "Director General"
and inserting instead "CEO".
Division 2 -- Control of Vehicles (Off-road Areas) Act 1978
419. The Act amended
5 The amendments in this Division are to the Control of Vehicles
(Off-road Areas) Act 1978*.
[* Reprinted as at 2 August 2002.]
420. Section 3 amended
Section 3(1) is amended by deleting the definition of
10 "departmental adviser".
421. Section 21 amended
Section 21(8) is repealed.
422. Section 22 repealed
Section 22 is repealed.
15 423. Section 38 amended
Section 38(2) is amended by deleting paragraphs (a), (b), (c)
and (d) and inserting the following paragraphs instead --
"
(a) an inspector, under the Environmental
20 Protection Act 1986;
page 178
Machinery of Government (Miscellaneous Amendments) Bill 2003
Local Government and Regional Development, and Heritage Part 11
Heritage of Western Australia Act 1990 Division 3
s. 424
(b) a conservation and land management officer,
forest officer, wildlife officer or ranger, under
the Conservation and Land Management
Act 1984;
5 ".
Division 3 -- Heritage of Western Australia Act 1990
424. The Act amended
The amendments in this Division are to the Heritage of Western
Australia Act 1990*.
10 [* Reprinted as at 1 June 2001.
For subsequent amendments see Acts Nos. 24 and 45 of
2002.]
425. Section 14 amended
(1) Section 14(2)(a) is amended by deleting "for those purposes".
15 (2) Section 14(4) is amended by deleting "at the Treasury".
Division 4 -- Local Government Act 1995
426. The Act amended
The amendments in this Division are to the Local Government
Act 1995*.
20 [* Reprinted as at 18 February 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 223, and
Acts Nos. 20, 21 and 28 of 2003.]
page 179
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 11 Local Government and Regional Development, and Heritage
Division 4 Local Government Act 1995
s. 427
427. Section 1.4 amended
Section 1.4 is amended as follows:
(a) by inserting the following definition in the appropriate
alphabetical position --
5 "
"Departmental CEO" means the chief executive
officer of the Department;
";
(b) by deleting the definition of "Executive Director".
10 428. Section 9.58 amended
Section 9.58(4)(b) is deleted and the following paragraph is
inserted instead --
"
(b) lodge with the Commissioner as defined in
15 section 4(1) of the Consumer Affairs Act 1971,
".
429. Section 9.67 amended
Section 9.67(1) is amended by deleting "the Executive
Director's" and inserting instead --
20 " the Departmental CEO's ".
430. Various references to Executive Director changed to
Departmental CEO
Each provision listed in the Table to this section is amended by
deleting "Executive Director" in each place where it occurs and
25 inserting instead --
" Departmental CEO ".
Table
s. 7.7 s. 8.36(1)
s. 7.8(2) s. 8.41(2)
page 180
Machinery of Government (Miscellaneous Amendments) Bill 2003
Local Government and Regional Development, and Heritage Part 11
Local Government Grants Act 1978 Division 5
s. 431
s. 8.1 s. 8.43(2)
s. 8.2(1) s. 8.44
s. 8.3(1), (2), (3) and (4) s. 9.45
s. 8.4(2) and (4) s. 9.66(1)
s. 8.13(3) and (4) s. 9.67(1)
s. 8.14(1) and (2) Sch. 2.5 cl. 10
s. 8.35(3)
Note: The headings to sections 7.7, 8.2, 8.3 and 9.67 will be altered by
deleting "Executive Director" and inserting instead "Departmental
CEO".
Division 5 -- Local Government Grants Act 1978
5 431. The Act amended
The amendments in this Division are to the Local Government
Grants Act 1978*.
[* Reprinted as at 1 March 2002.]
432. Section 3 amended
10 Section 3 is amended by inserting the following definition in the
appropriate alphabetical position --
"
"Department" has the meaning given by section 1.4 of
the Local Government Act 1995;
15 ".
433. Section 5 amended
Section 5(1)(b) is amended by deleting "of Local Government
of the State".
434. Section 6 amended
20 Section 6(2)(f) is amended by deleting "of Local Government".
page 181
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 11 Local Government and Regional Development, and Heritage
Division 6 Regional Development Commissions Act 1993
s. 435
Division 6 -- Regional Development Commissions Act 1993
435. The Act amended
The amendments in this Division are to the Regional
Development Commissions Act 1993*.
5 [* Reprinted as at 26 November 1999.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 330-1.]
436. Section 3 amended
Section 3(1) is amended by deleting the definition of
10 "Department".
437. Section 31 amended
Section 31(2) is amended by deleting "at the Treasury".
page 182
Machinery of Government (Miscellaneous Amendments) Bill 2003
Planning and Infrastructure, and Land Information Part 12
Land Administration Act 1997 Division 1
s. 438
Part 12 -- Planning and Infrastructure, and
Land Information
Division 1 -- Land Administration Act 1997
438. The Act amended
5 The amendments in this Division are to the Land Administration
Act 1997*.
[* Reprinted as at 22 June 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 203 and
10 Act No. 31 of 2003.]
439. Section 3 amended
Section 3(1) is amended in the definition of "authorised land
officer" by deleting "public service officer of the Department"
and inserting instead --
15 " a person ".
440. Section 8 amended
(1) Section 8(1) is amended in the definition of "the Program" by
deleting "within the Department".
(2) Section 8(8) is amended by deleting "the Department" and
20 inserting instead --
"
the department of the Public Service principally
assisting in the administration of the Program
".
25 441. Section 30 amended
(1) Section 30 is amended as follows:
(a) by inserting before "The Minister" the subsection
designation "(1)";
page 183
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 12 Planning and Infrastructure, and Land Information
Division 1 Land Administration Act 1997
s. 442
(b) by deleting "public service officer of the Department"
and inserting instead --
" person employed in a public authority ".
(2) At the end of section 30 the following subsection is inserted --
5 "
(2) In this section --
"public authority" means --
(a) a department of the Public Service; or
(b) a body, whether corporate or unincorporate,
10 established for a public purpose under a
written law.
".
442. Section 202 amended
After section 202(3) the following subsection is inserted --
15 "
(4) In subsection (2)(b) --
"Department" means the department of the Public
Service principally assisting in the administration
of the TLA.
20 ".
443. Section 259 amended
Section 259(2) is amended by inserting after "delegate of the
Minister" --
" , an authorised land officer ".
page 184
Machinery of Government (Miscellaneous Amendments) Bill 2003
Planning and Infrastructure, and Land Information Part 12
Land Valuation Tribunals Act 1978 Division 2
s. 444
Division 2 -- Land Valuation Tribunals Act 1978
444. The Act amended
The amendments in this Division are to the Land Valuation
Tribunals Act 1978*.
5 [* Reprinted as at 25 October 2002.]
445. Section 6 amended
Section 6(1)(c) is amended by deleting "for Consumer Affairs"
and inserting instead --
"
10 to whom the administration of the Consumer
Affairs Act 1971 is committed
".
Division 3 -- Main Roads Act 1930
446. The Act amended
15 The amendments in this Division are to the Main Roads
Act 1930*.
[* Reprinted as at 28 January 2000.]
447. Section 31 amended
Section 31(1) is amended as follows:
20 (a) by deleting "maintained at the Treasury,";
(b) in paragraph (a) by deleting "for the purposes of this
Act";
(c) at the end of paragraph (c) by deleting "and";
page 185
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 12 Planning and Infrastructure, and Land Information
Division 4 Metropolitan Region Town Planning Scheme Act 1959
s. 448
(d) after paragraph (d) by deleting the full stop and inserting
instead --
"
; and
5 (e) any other moneys lawfully received by, made
available to, or payable to the Commissioner.
".
Division 4 -- Metropolitan Region Town Planning Scheme
Act 1959
10 448. The Act amended
The amendments in this Division are to the Metropolitan Region
Town Planning Scheme Act 1959*.
[* Reprint 9 as at 1 August 2003.
For subsequent amendments see Act No. 54 of 2003.]
15 449. Section 38 amended
Section 38(1)(a) is amended by deleting "at the Treasury
forming" and inserting instead --
" as ".
Division 5 -- Valuation of Land Act 1978
20 450. The Act amended
The amendments in this Division are to the Valuation of Land
Act 1978*.
[* Reprinted as at 15 June 2001.
For subsequent amendments see Act No. 45 of 2002.]
page 186
Machinery of Government (Miscellaneous Amendments) Bill 2003
Planning and Infrastructure, and Land Information Part 12
Western Australian Coastal Shipping Commission Act 1965 Division 6
s. 451
451. Section 4 amended
Section 4(1) is amended in the definition of "unimproved value"
in paragraph (b)(iv) by deleting "Forests Department" and
inserting instead --
5 "
Department (as defined in section 3 of
the Conservation and Land
Management Act 1984)
".
10 Division 6 -- Western Australian Coastal Shipping Commission
Act 1965
452. The Act amended
The amendments in this Division are to the Western Australian
Coastal Shipping Commission Act 1965*.
15 [* Reprinted as at 8 March 2002.]
453. Section 25 amended
(1) Section 25(1)(a) is amended by deleting "for that purpose".
(2) Section 25(2)(a) is amended by deleting "at the Treasury".
Division 7 -- Western Australian Marine (Sea Dumping)
20 Act 1981
454. The Act amended
The amendments in this Division are to the Western Australian
Marine (Sea Dumping) Act 1981*.
[* Act No. 111 of 1981.
25 For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 427.]
page 187
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 12 Planning and Infrastructure, and Land Information
Division 8 Western Australian Planning Commission Act 1985
s. 455
455. Section 14 amended
Section 14(8)(c)(i) is amended by deleting "Department of
Fisheries and Wildlife" and inserting instead --
"
5 CEO as defined in section 4(1) of the
Fish Resources Management Act 1994
".
Division 8 -- Western Australian Planning Commission Act 1985
456. The Act amended
10 The amendments in this Division are to the Western Australian
Planning Commission Act 1985*.
[* Reprinted as at 16 March 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 429 and
15 Acts Nos. 24 of 2002 and 54 of 2003.]
457. Section 19 amended
Section 19(1g)(a)(v) is amended by deleting "Commissioner
within the meaning of the Health Act 1911" and inserting
instead --
20 "
CEO as defined in section 3 of the
Health Legislation Administration
Act 1984
".
25 458. Section 45 amended
Section 45(2) is amended by deleting "at the Treasury".
page 188
Machinery of Government (Miscellaneous Amendments) Bill 2003
Police and Emergency Services Part 13
Bush Fires Act 1954 Division 1
s. 459
Part 13 -- Police and Emergency Services
Division 1 -- Bush Fires Act 1954
459. The Act amended
The amendments in this Division are to the Bush Fires
5 Act 1954*.
[* Reprint 6 as at 1 August 2003.]
460. Section 7 amended
Section 7 is amended by inserting the following definitions in
the appropriate alphabetical positions --
10 "
"CALM Act CEO" has the meaning given to "CEO"
by section 3 of the Conservation and Land
Management Act 1984;
"CALM Act Department" has the meaning given to
15 "Department" by section 3 of the Conservation
and Land Management Act 1984;
".
461. Section 28 amended
Section 28(4)(a) and (b) are amended by deleting "Executive
20 Director of the Department of Conservation and Land
Management" and inserting instead --
" CALM Act CEO ".
462. Section 34 amended
Section 34(2) is amended as follows:
25 (a) in paragraphs (a) and (b) by deleting "Executive
Director of the Department of Conservation and Land
Management" and inserting instead --
" CALM Act CEO ";
page 189
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 13 Police and Emergency Services
Division 1 Bush Fires Act 1954
s. 463
(b) in paragraph (a) by deleting "Executive Director" in the
second and third places where it occurs and inserting
instead --
" CALM Act CEO ".
5 463. Section 37 amended
Section 37(2)(a) and (b) are amended by deleting "Department
of Conservation and Land Management" and inserting
instead --
" CALM Act Department ".
10 464. Section 58 amended
Section 58(3) is amended by deleting "Executive Director of the
Department of Conservation and Land Management" and
inserting instead --
" CALM Act CEO ".
15 465. Section 66 amended
Section 66(1)(b)(iii) is amended as follows:
(a) by deleting "Executive Director of the Department of
Conservation and Land Management" and inserting
instead --
20 " CALM Act CEO ";
(b) by deleting "Department of Conservation and Land
Management" in the second place where it occurs and
inserting instead --
" CALM Act Department ".
page 190
Machinery of Government (Miscellaneous Amendments) Bill 2003
Police and Emergency Services Part 13
Misuse of Drugs Act 1981 Division 2
s. 466
Division 2 -- Misuse of Drugs Act 1981
466. The Act amended
The amendments in this Division are to the Misuse of Drugs
Act 1981*.
5 [* Reprinted as at 11 January 2002.
For subsequent amendments see Act No. 9 of 2003.]
467. Section 38D amended
(1) Section 38D(1) is repealed and the following subsection is
inserted instead --
10 "
(1) In this section --
"CEO (Health)" has the meaning given to "CEO" by
section 3 of the Health Legislation Administration
Act 1984.
15 ".
(2) Section 38D(2) is amended by deleting "Commissioner of
Health" in the 2 places where it occurs and inserting instead --
" CEO (Health) ".
page 191
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 14 Premier, and Public Sector Management
Division 1 Constitution Acts Amendment Act 1899
s. 468
Part 14 -- Premier, and Public Sector Management
Division 1 -- Constitution Acts Amendment Act 1899
468. The Act amended
The amendments in this Division are to the Constitution Acts
5 Amendment Act 1899*.
[* Reprint 12 as at 3 October 2003.]
469. Schedule V amended
Schedule V Part 3 is amended as follows:
(a) by deleting the items relating to the Country Housing
10 Authority, the Government Employees' Housing
Authority and The State Housing Commission;
(b) by deleting the item relating to the Fishing and Allied
Industries Committee.
Division 2 -- Public Sector Management Act 1994
15 470. The Act amended
The amendments in this Division are to the Public Sector
Management Act 1994*.
[* Reprinted as at 9 February 2001.
For subsequent amendments see Western Australian
20 Legislation Information Tables for 2002, Table 1, p. 317 and
Acts Nos. 29, 31 and 35 of 2003 and Gazette 15 August 2003
p. 3685-92.]
471. Schedule 2 amended
Schedule 2 is amended by deleting item 47 and inserting the
25 following item instead --
"
47 Housing Authority, provided for under the Housing Act 1980
".
page 192
Machinery of Government (Miscellaneous Amendments) Bill 2003
Racing and Gaming Part 15
Gaming Commission Act 1987 Division 1
s. 472
Part 15 -- Racing and Gaming
Division 1 -- Gaming Commission Act 1987
472. The Act amended
The amendments in this Division are to the Gaming
5 Commission Act 1987*.
[* Reprinted as at 30 October 1998.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 153 and
Acts Nos. 45 of 2002 and 35 of 2003.
10 The name of the Gaming Commission Act 1987 will, on the
appointed day, change to the Gaming and Wagering
Commission Act 1987. The appointed day is to be fixed under
section 7 of the Racing and Gambling Legislation
Amendment and Repeal Act 2003.]
15 473. Section 9 amended
(1) Section 9(1)(a) is amended by deleting "for that purpose".
(2) Section 9(2)(a) is amended by deleting "at the Treasury".
474. Section 110A amended
Section 110A(1)(a) is amended by deleting "at the Treasury".
20 Division 2 -- Racing and Wagering Western Australia Act 2003
475. The Act amended
The amendments in this Division are to the Racing and
Wagering Western Australia Act 2003*.
[* Act No. 36 of 2003.]
page 193
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 15 Racing and Gaming
Division 3 Racing Penalties (Appeals) Act 1990
s. 476
476. Section 89 amended
Section 89 is amended by deleting "not in an account at the
Treasury" and inserting instead --
"
5 in an account described in paragraph (b) of the
definition of "account" in section 88(1)(b)
".
Division 3 -- Racing Penalties (Appeals) Act 1990
477. The Act amended
10 The amendments in this Division are to the Racing Penalties
(Appeals) Act 1990*.
[* Reprinted as at 19 October 2001.
For subsequent amendments see Act No. 35 of 2003.]
478. Section 24 amended
15 (1) Section 24(1)(a) is amended by deleting "for that purpose".
(2) Section 24(8)(a) is amended by deleting "at the Treasury,".
page 194
Machinery of Government (Miscellaneous Amendments) Bill 2003
Sport and Recreation Part 16
Boxing Control Act 1987 Division 1
s. 479
Part 16 -- Sport and Recreation
Division 1 -- Boxing Control Act 1987
479. The Act amended
The amendments in this Division are to the Boxing Control
5 Act 1987*.
[* Act No. 2 of 1987.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 36.
The name of the Boxing Control Act 1987 will change to the
10 Professional Combat Sports Act 1987 when the Boxing
Control Amendment Act 2003 comes into operation.]
480. Section 12 amended
(1) Section 12(1)(a) is amended by deleting "at the Treasury".
(2) Section 12(2) is amended after paragraph (c) by deleting the full
15 stop and inserting --
"
; and
(d) any other moneys lawfully received by, made
available to, or payable to the Commission.
20 ".
Division 2 -- Western Australian Sports Centre Trust Act 1986
481. The Act amended
The amendment in this Division is to the Western Australian
Sports Centre Trust Act 1986*.
25 [* Reprinted as at 22 March 2002.]
482. Section 15 amended
Section 15(2) is amended by deleting "at the Treasury".
page 195
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 17 Treasurer, and Government Enterprises
Division 1 Anzac Day Act 1960
s. 483
Part 17 -- Treasurer, and Government Enterprises
Division 1 -- Anzac Day Act 1960
483. The Act amended
The amendments in this Division are to the Anzac Day
5 Act 1960*.
[* Reprinted as at 24 May 2002.
For subsequent amendments see Acts Nos. 28 and 35 of
2003.]
484. Section 10 amended
10 (1) Section 10(1) is amended by deleting "at the Treasury, forming"
and inserting instead --
" , as ".
(2) Section 10(2) is amended as follows:
(a) by deleting "the Treasury to the credit of ";
15 (b) after paragraph (c) by deleting "and";
(c) after paragraph (d) by deleting the full stop and
inserting --
"
; and
20 (e) any other moneys lawfully received by, made
available to, or payable to the Trust.
".
Division 2 -- Economic Regulation Authority Act 2003
485. The Act amended
25 The amendments in this Division are to the Economic
Regulation Authority Act 2003*.
[* Act No. 67 of 2003.]
page 196
Machinery of Government (Miscellaneous Amendments) Bill 2003
Treasurer, and Government Enterprises Part 17
Financial Administration and Audit Act 1985 Division 3
s. 486
486. Section 23 amended
Section 23(2) is amended as follows:
(a) by deleting "and" in the second place where it occurs;
(b) by inserting after "function of the Authority" --
5 "
and need only be complied with to the extent
practicable
".
Division 3 -- Financial Administration and Audit Act 1985
10 487. The Act amended
The amendments in this Division are to the Financial
Administration and Audit Act 1985*.
[* Reprinted as at 16 September 2002.
For subsequent amendments see Western Australian
15 Legislation Information Tables for 2002, Table 1, p. 139 and
Acts Nos. 31 and 35 of 2003.]
488. Schedule 1 amended
Schedule 1 is amended as follows:
(a) by deleting "Country Housing Authority";
20 (b) by deleting "Government Employees' Housing
Authority";
(c) by deleting "The State Housing Commission";
(d) by inserting in the appropriate alphabetical position the
following item --
25 " Housing Authority ".
page 197
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 17 Treasurer, and Government Enterprises
Division 4 Gold Corporation Act 1987
s. 489
Division 4 -- Gold Corporation Act 1987
489. The Act amended
The amendments in this Division are to the Gold Corporation
Act 1987*.
5 [* Reprinted as at 2 January 2001.
For subsequent amendments see Acts Nos. 20 and 28 of
2003.]
490. Section 3 amended
Section 3(1) is amended as follows:
10 (a) by inserting the following definition in the appropriate
alphabetical position --
"
"Treasury" means the department of the Public
Service for which the Under Treasurer is the chief
15 executive officer.
";
(b) in the definition of "Treasurer" by deleting "State." and
inserting instead --
" State; ".
20 491. Heading to Part II amended
The heading to Part II is amended by inserting after
"Constitution" --
" and administration ".
492. Section 9 amended
25 Section 9(1)(a) is amended by inserting after "officer" --
" of Gold Corporation ".
page 198
Machinery of Government (Miscellaneous Amendments) Bill 2003
Treasurer, and Government Enterprises Part 17
Gold Corporation Act 1987 Division 4
s. 493
493. Sections 9A, 9B and 9C inserted
After section 9 the following sections are inserted --
"
9A. Duty to observe policy instruments
5 Gold Corporation is to perform its functions in
accordance with its strategic development plan and its
statement of corporate intent as existing from time to
time.
9B. Strategic development plans and statements of
10 corporate intent
(1) The Board must, at the prescribed times, prepare and
submit to the Minister --
(a) a strategic development plan for Gold
Corporation; and
15 (b) a statement of corporate intent for Gold
Corporation.
(2) The regulations may make provision for the
following --
(a) the manner and form in which the Board is to
20 prepare, submit, revise or modify a strategic
development plan or statement of corporate
intent;
(b) the period a strategic development plan or
statement of corporate intent is to cover;
25 (c) the matters to be set out in a strategic
development plan or statement of corporate
intent;
(d) the functions of the Board, the Minister and the
Treasurer in relation to the development,
30 approval or modification of a strategic
development plan or statement of corporate
intent;
page 199
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 17 Treasurer, and Government Enterprises
Division 4 Gold Corporation Act 1987
s. 493
(e) the operation of a strategic development plan or
statement of corporate intent.
(3) If a regulation referred to in subsection (2) enables the
Minister to give directions to the Board, the Minister
5 must within 14 days after a direction is given under the
regulation cause a copy of the direction to be laid
before each House of Parliament or be dealt with in
accordance with section 9C.
(4) Regulations referred to in subsection (2) are not to be
10 made except with the Treasurer's concurrence.
9C. Laying directions about strategic development plans
or statements of corporate intent before Parliament
(1) If --
(a) a House of Parliament is not sitting at the
15 commencement of the period referred to in
section 9B(3) in respect of a direction; and
(b) the Minister is of the opinion that that House
will not sit during that period,
the Minister is to transmit a copy of the direction to the
20 Clerk of that House.
(2) A copy of a direction transmitted to the Clerk of a
House is to be regarded --
(a) as having been laid before that House; and
(b) as being a document published by order or
25 under the authority of that House.
(3) The laying of a copy of a direction that is regarded as
having occurred under subsection (2)(a) is to be
recorded in the Minutes, or Votes and Proceedings, of
the House on the first sitting day of the House after the
30 Clerk received the copy.
page 200
Machinery of Government (Miscellaneous Amendments) Bill 2003
Treasurer, and Government Enterprises Part 17
Gold Corporation Act 1987 Division 4
s. 494
(4) The text of a direction referred to in section 9B(3) is to
be included in the annual report submitted by the
accountable authority of Gold Corporation under
section 66 of the Financial Administration and Audit
5 Act 1985.
".
494. Section 16 amended
(1) Section 16(1) is amended as follows:
(a) in paragraphs (a) and (b) by deleting "Treasurer" and
10 inserting instead --
" Minister with the Treasurer's concurrence ";
(b) after paragraph (c)(i) by deleting "or" and inserting --
"
(ia) the Minister; or
15 ".
(2) Section 16(2)(a) is amended by deleting "Treasurer" and
inserting instead --
" Minister ".
495. Section 21 amended
20 (1) Section 21(1) is amended by deleting "Treasurer" and inserting
instead --
" Minister, with the concurrence of the Treasurer, ".
(2) Section 21(2) is amended by inserting after "Treasurer" --
" or Minister ".
25 (3) Section 21(4), (5) and (6) are amended by deleting "Treasurer"
and inserting instead --
" Minister ".
page 201
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 17 Treasurer, and Government Enterprises
Division 4 Gold Corporation Act 1987
s. 496
496. Section 40 amended
Section 40(2) is amended by inserting after "officer" --
" of Gold Corporation ".
497. Section 51 amended
5 Section 51(2) is amended by inserting after "officer" --
" of Gold Corporation ".
498. Schedule 1 amended
(1) Schedule 1 clause 1(1) is amended by deleting ", the deputy
chief executive officer or" and inserting instead --
10 "
or deputy chief executive officer of Gold Corporation or
who
".
(2) Schedule 1 clause 3(1) is amended by inserting after "officer" in
15 the second place where it occurs --
" of Gold Corporation ".
(3) Schedule 1 clause 4 is amended by deleting ", the deputy chief
executive officer" and inserting instead --
" or deputy chief executive officer of Gold Corporation ".
20 (4) Schedule 1 clause 5(3) is amended by deleting ", the deputy
chief executive officer" and inserting instead --
"
and the deputy chief executive officer of Gold Corporation,
".
page 202
Machinery of Government (Miscellaneous Amendments) Bill 2003
Treasurer, and Government Enterprises Part 17
Insurance Commission of Western Australia Act 1986 Division 5
s. 499
Division 5 -- Insurance Commission of Western Australia
Act 1986
499. The Act amended
The amendment in this Division is to the Insurance Commission
5 of Western Australia Act 1986*.
[* Reprinted as at 12 November 1999.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 185.]
500. Division 3A inserted
10 After section 14 the following Division is inserted --
"
Division 3A -- Strategic development plans and
statements of corporate intent
14A. Duty to observe policy instruments
15 The Commission is to perform its functions in
accordance with its strategic development plan and its
statement of corporate intent as existing from time to
time.
14B. Strategic development plans and statements of
20 corporate intent
(1) The board of commissioners must, at the prescribed
times, prepare and submit to the Minister --
(a) a strategic development plan for the
Commission; and
25 (b) a statement of corporate intent for the
Commission.
page 203
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 17 Treasurer, and Government Enterprises
Division 5 Insurance Commission of Western Australia Act 1986
s. 500
(2) The regulations may make provision for the
following --
(a) the manner and form in which the board of
commissioners is to prepare, submit, revise or
5 modify a strategic development plan or
statement of corporate intent;
(b) the period a strategic development plan or
statement of corporate intent is to cover;
(c) the matters to be set out in a strategic
10 development plan or statement of corporate
intent;
(d) the functions of the board of commissioners,
the Minister and the Treasurer in relation to the
development, approval or modification of a
15 strategic development plan or statement of
corporate intent;
(e) the operation of a strategic development plan or
statement of corporate intent.
(3) If a regulation referred to in subsection (2) enables the
20 Minister to give directions to the board of
commissioners, the Minister must cause a copy of a
direction given under the regulation to be laid before
each House of Parliament or be dealt with in
accordance with section 14C --
25 (a) within 14 days after the direction is given; or
(b) if the direction is the subject of a notice under
section 17 of the Statutory Corporations
(Liability of Directors) Act 1996, within
14 days after it is confirmed under that section.
30 (4) Regulations referred to in subsection (2) are not to be
made except with the Treasurer's concurrence.
page 204
Machinery of Government (Miscellaneous Amendments) Bill 2003
Treasurer, and Government Enterprises Part 17
Insurance Commission of Western Australia Act 1986 Division 5
s. 500
14C. Laying directions about strategic development plans
or statements of corporate intent before Parliament
(1) If --
(a) a House of Parliament is not sitting at the
5 commencement of the applicable period
referred to in section 14B(3) in respect of a
direction; and
(b) the Minister is of the opinion that that House
will not sit during that period,
10 the Minister is to transmit a copy of the direction to the
Clerk of that House.
(2) A copy of a direction transmitted to the Clerk of a
House is to be regarded --
(a) as having been laid before that House; and
15 (b) as being a document published by order or
under the authority of that House.
(3) The laying of a copy of a direction that is regarded as
having occurred under subsection (2)(a) is to be
recorded in the Minutes, or Votes and Proceedings, of
20 the House on the first sitting day of the House after the
Clerk received the copy.
(4) The text of a direction referred to in section 14B(3) is
to be included in the annual report submitted by the
accountable authority of the Commission under
25 section 66 of the Financial Administration and Audit
Act 1985.
".
page 205
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 17 Treasurer, and Government Enterprises
Division 6 Lotteries Commission Act 1990
s. 501
Division 6 -- Lotteries Commission Act 1990
501. The Act amended
The amendments in this Division are to the Lotteries
Commission Act 1990*.
5 [* Reprinted as at 6 August 1999.]
502. Sections 8A, 8B and 8C inserted
After section 8 the following sections are inserted --
"
8A. Duty to observe policy instruments
10 The Commission is to perform its functions in
accordance with its strategic development plan and its
statement of corporate intent as existing from time to
time.
8B. Strategic development plans and statements of
15 corporate intent
(1) The members of the Commission must, at the
prescribed times, prepare and submit to the Minister --
(a) a strategic development plan for the
Commission; and
20 (b) a statement of corporate intent for the
Commission.
(2) The regulations may make provision for the
following --
(a) the manner and form in which the members of
25 the Commission are to prepare, submit, revise
or modify a strategic development plan or
statement of corporate intent;
(b) the period a strategic development plan or
statement of corporate intent is to cover;
page 206
Machinery of Government (Miscellaneous Amendments) Bill 2003
Treasurer, and Government Enterprises Part 17
Lotteries Commission Act 1990 Division 6
s. 502
(c) the matters to be set out in a strategic
development plan or statement of corporate
intent;
(d) the functions of the members of the
5 Commission, the Minister and the Treasurer in
relation to the development, approval or
modification of a strategic development plan or
statement of corporate intent;
(e) the operation of a strategic development plan or
10 statement of corporate intent.
(3) If a regulation referred to in subsection (2) enables the
Minister to give directions to the members of the
Commission, the Minister must cause a copy of a
direction given under the regulation to be laid before
15 each House of Parliament or be dealt with in
accordance with section 8C --
(a) within 14 days after the direction is given; or
(b) if the direction is the subject of a notice under
section 17 of the Statutory Corporations
20 (Liability of Directors) Act 1996, within
14 days after it is confirmed under that section.
(4) Regulations referred to in subsection (2) are not to be
made except with the Treasurer's concurrence.
8C. Laying directions about strategic development plans
25 or statements of corporate intent before Parliament
(1) If --
(a) a House of Parliament is not sitting at the
commencement of the applicable period
referred to in section 8B(3) in respect of a
30 direction; and
(b) the Minister is of the opinion that that House
will not sit during that period,
the Minister is to transmit a copy of the direction to the
Clerk of that House.
page 207
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 17 Treasurer, and Government Enterprises
Division 7 Parliamentary Superannuation Act 1970
s. 503
(2) A copy of a direction transmitted to the Clerk of a
House is to be regarded --
(a) as having been laid before that House; and
(b) as being a document published by order or
5 under the authority of that House.
(3) The laying of a copy of a direction that is regarded as
having occurred under subsection (2)(a) is to be
recorded in the Minutes, or Votes and Proceedings, of
the House on the first sitting day of the House after the
10 Clerk received the copy.
(4) The text of a direction referred to in section 8B(3) is to
be included in the annual report submitted by the
accountable authority of the Commission under
section 66 of the Financial Administration and Audit
15 Act 1985.
".
503. Section 22 amended
Section 22(1) is amended by deleting "at the Treasury forming"
and inserting instead --
20 " , as ".
Division 7 -- Parliamentary Superannuation Act 1970
504. The Act amended
The amendments in this Division are to the Parliamentary
Superannuation Act 1970*.
25 [* Reprint 3 as at 4 April 2003.]
505. Section 6 amended
(1) Section 6(3)(a) is amended by deleting "Treasurer" and
inserting instead --
" Minister ".
page 208
Machinery of Government (Miscellaneous Amendments) Bill 2003
Treasurer, and Government Enterprises Part 17
Rates and Charges (Rebates and Deferments) Act 1992 Division 8
s. 506
(2) Section 6(5) is amended by deleting "Treasurer" in both places
where it occurs and inserting instead --
" Minister ".
Division 8 -- Rates and Charges (Rebates and Deferments)
5 Act 1992
506. The Act amended
The amendments in this Division are to the Rates and Charges
(Rebates and Deferments) Act 1992*.
[* Reprinted as at 19 May 2000.
10 For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 327 and
Act No. 28 of 2003.]
507. Section 3 amended
Section 3(1) is amended in the definition of "State concession
15 card" by deleting "Director-General of the department
established under section 4" and inserting instead --
" CEO as defined in section 3 ".
508. Section 6 amended
(1) Section 6(1) is amended by deleting "Director-General of the
20 department established under section 4 of the Community
Services Act 1972" and inserting instead --
"
CEO as defined in section 3 of the Community Services
Act 1972 (the "CEO")
25 ".
(2) Section 6(2) is amended by deleting "Director-General" in both
places where it occurs and inserting instead --
" CEO ".
page 209
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 17 Treasurer, and Government Enterprises
Division 9 Stamp Act 1921
s. 509
(3) Section 6(3) is amended by deleting "Director-General" and
inserting instead --
" CEO ".
509. Section 46 amended
5 Section 46(2) is amended by deleting "The State Housing
Commission" in both places where it occurs and inserting
instead --
" the Housing Authority ".
Division 9 -- Stamp Act 1921
10 510. The Act amended
The amendments in this Division are to the Stamp Act 1921*.
[* Reprint 14 as at 12 September 2003.]
511. Section 79 amended
Section 79(6) and (7) are amended by deleting "The State
15 Housing Commission" and inserting instead --
" the Housing Authority ".
Division 10 -- State Superannuation Act 2000
512. The Act amended
The amendment in this Division is to the State Superannuation
20 Act 2000*.
[* Act No. 42 of 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 370 and
Act No. 21 of 2003.]
page 210
Machinery of Government (Miscellaneous Amendments) Bill 2003
Treasurer, and Government Enterprises Part 17
State Superannuation Act 2000 Division 10
s. 513
513. Sections 33A, 33B and 33C inserted
After section 33 the following sections are inserted --
"
33A. Duty to observe policy instruments
5 The Board is to perform its functions in accordance
with its strategic development plan and its statement of
corporate intent as existing from time to time.
33B. Strategic development plan and statement of
corporate intent
10 (1) The Board must, at the prescribed times, prepare and
submit to the Minister --
(a) a strategic development plan for the Board; and
(b) a statement of corporate intent for the Board.
(2) The regulations may make provision for the
15 following --
(a) the manner and form in which the Board is to
prepare, submit, revise or modify a strategic
development plan or statement of corporate
intent;
20 (b) the period a strategic development plan or
statement of corporate intent is to cover;
(c) the matters to be set out in a strategic
development plan or statement of corporate
intent;
25 (d) the functions of the Board, the Minister and the
Treasurer in relation to the development,
approval or modification of a strategic
development plan or statement of corporate
intent;
30 (e) the operation of a strategic development plan or
statement of corporate intent.
page 211
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 17 Treasurer, and Government Enterprises
Division 10 State Superannuation Act 2000
s. 513
(3) If a regulation referred to in subsection (2) enables the
Minister to give directions to the Board, the Minister
must cause a copy of a direction given under the
regulation to be laid before each House of Parliament
5 or be dealt with in accordance with section 33C --
(a) within 14 days after the direction is given; or
(b) if the direction is the subject of a notice under
section 17 of the Statutory Corporations
(Liability of Directors) Act 1996, within
10 14 days after it is confirmed under that section.
(4) Regulations referred to in subsection (2) are not to be
made except with the Treasurer's concurrence.
33C. Laying directions about strategic development plans
or statements of corporate intent before Parliament
15 (1) If --
(a) a House of Parliament is not sitting at the
commencement of the applicable period
referred to in section 33B(3) in respect of a
direction; and
20 (b) the Minister is of the opinion that that House
will not sit during that period,
the Minister is to transmit a copy of the direction to the
Clerk of that House.
(2) A copy of a direction transmitted to the Clerk of a
25 House is to be regarded --
(a) as having been laid before that House; and
(b) as being a document published by order or
under the authority of that House.
(3) The laying of a copy of a direction that is regarded as
30 having occurred under subsection (2)(a) is to be
recorded in the Minutes, or Votes and Proceedings, of
page 212
Machinery of Government (Miscellaneous Amendments) Bill 2003
Treasurer, and Government Enterprises Part 17
Water Corporation Act 1995 Division 11
s. 514
the House on the first sitting day of the House after the
Clerk received the copy.
(4) The text of a direction referred to in section 33B(3) is
to be included in the annual report submitted by the
5 accountable authority of the Board under section 66 of
the Financial Administration and Audit Act 1985.
".
Division 11 -- Water Corporation Act 1995
514. The Act amended
10 The amendments in this Division are to the Water Corporation
Act 1995*.
[* Reprinted as at 4 May 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 419 and
15 Acts Nos. 21 and 28 of 2003 and Gazette 15 August 2003
p. 3685-92.]
515. Section 73 amended
Section 73(1) is repealed and the following subsection is
inserted instead --
20 "
(1) Funds of the corporation are to be credited to an
account --
(a) forming part of the Trust Fund constituted
under section 9 of the Financial Administration
25 and Audit Act 1985; or
(b) with the approval of the Treasurer, at a bank.
".
page 213
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 17 Treasurer, and Government Enterprises
Division 12 Western Australian Treasury Corporation Act 1986
s. 516
Division 12 -- Western Australian Treasury Corporation
Act 1986
516. The Act amended
The amendments in this Division are to the Western Australian
5 Treasury Corporation Act 1986*.
[* Reprinted as at 5 January 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 431 and
Act No. 21 of 2003 and Gazette 15 August 2003 p. 3685-92.]
10 517. Section 3 amended
Section 3(1) is amended by inserting the following definition in
the appropriate alphabetical position --
"
"Treasury" means the department of the Public
15 Service of which the Under Treasurer is the chief
executive officer;
".
518. Section 5B amended
Section 5B(1)(c) is amended by inserting before "for the time
20 being" --
" of the Corporation ".
519. Section 8A amended
Section 8A is amended by inserting after "officer" --
" of the Corporation ".
page 214
Machinery of Government (Miscellaneous Amendments) Bill 2003
Treasurer, and Government Enterprises Part 17
Western Australian Treasury Corporation Act 1986 Division 12
s. 520
520. Section 9B inserted
After section 9A the following section is inserted --
"
9B. Duty to observe policy instruments
5 The Corporation is to perform its functions in
accordance with its strategic development plan and its
statement of corporate intent as existing from time to
time.
".
10 521. Section 10 amended
Section 10(2)(fa)(xii) is amended by deleting "Treasurer" and
inserting instead --
" Minister, with the concurrence of the Treasurer, ".
522. Section 16HA inserted
15 After section 16H the following section is inserted --
"
16HA. Concurrence of Treasurer
The Minister is not to --
(a) agree to a draft strategic development plan
20 under section 16G; or
(b) agree to or direct any modification of a
strategic development plan under section 16H,
except with the concurrence of the Treasurer.
".
page 215
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 17 Treasurer, and Government Enterprises
Division 12 Western Australian Treasury Corporation Act 1986
s. 523
523. Section 16PA inserted
After section 16P the following section is inserted --
"
16PA. Concurrence of Treasurer
5 The Minister is not to --
(a) agree to a draft statement of corporate intent
under section 16O; or
(b) agree to or direct any modification of a
statement of corporate intent under section 16P,
10 except with the concurrence of the Treasurer.
".
524. Section 17A amended
Section 17A(3) is amended by deleting "Treasurer" and
inserting instead --
15 " Minister, with the concurrence of the Treasurer, ".
525. Section 18 amended
Section 18(1a) is amended in the definition of "eligible person"
in paragraph (a) by inserting after "officer" --
" of the Corporation ".
20 526. Section 21A amended
After section 21A(3) the following subsection is inserted --
"
(3a) This section also applies as if each reference in it to the
Treasurer were instead a reference to the Minister.
25 ".
page 216
Machinery of Government (Miscellaneous Amendments) Bill 2003
Treasurer, and Government Enterprises Part 17
Western Australian Treasury Corporation Act 1986 Division 12
s. 527
527. Section 21B amended
After section 21B(3) the following subsection is inserted --
"
(3a) The Corporation must give a copy of each quarterly
5 report to the Treasurer.
".
528. Schedule 2 amended
Schedule 2 clause 5 is amended by inserting after "officer," in
the second place where it occurs --
10 " of the Corporation ".
529. Various references to Treasurer changed to Minister
Each provision listed in the Table to this section is amended by
deleting "Treasurer" in each place where it occurs and inserting
instead --
15 " Minister ".
Table
s. 5B(1)(d) s. 16N(1) and (2)
s. 5D s. 16O(1), (2) and (3)
s. 8(3) s. 16P(1), (2), (3) and (4)
s. 16A(1) s. 16Q(1)
s. 16C(3) s. 17A(2)
s. 16D s. 19(1) and (2)
s. 16E(1), (3) and (5) s. 20(1) and (2)
s. 16F(1) and (2) s. 21B(1), (3) and (4)
s. 16G Sch. 2 cl. 2(1) and (2)
s. 16H(1), (2), (3) and (4) Sch. 2 cl. 6(1) and (2)
s. 16I Sch. 2 cl. 15(2)
s. 16K(2) and (3) Sch. 2 cl. 20(2)
s. 16L Sch. 2 cl. 21(1) and (2)
s. 16M(1), (3) and (5)
page 217
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 17 Treasurer, and Government Enterprises
Division 13 Transitional provisions
s. 530
Note: The heading to section 21A will be altered by inserting "and Minister"
after "Treasurer".
The headings to sections 16A, 16I, 19 and 20 and to Schedule 2
clause 21 will be altered by deleting "Treasurer" and inserting instead
5 "Minister".
The headings to sections 16E, 16G, 16M and 16O will be altered by
deleting "Treasurer's" and inserting instead "Minister's".
Division 13 -- Transitional provisions
530. Western Australian Treasury Corporation Act 1986 and Gold
10 Corporation Act 1987
(1) A thing done by the Treasurer before commencement under, or
for the purposes of --
(a) section 10(2)(fa)(xii) or 17A(3) of the Western
Australian Treasury Corporation Act 1986; or
15 (b) section 16(1)(a) or (b) or 21(1) of the Gold Corporation
Act 1987,
has the same effect after commencement, to the extent that it
has any force or significance after commencement, as if it had
been done by the Minister with the concurrence of the
20 Treasurer.
(2) A thing done or omitted to be done by, to or in relation to, the
Treasurer before commencement under, or for the purposes
of --
(a) a provision of the Western Australian Treasury
25 Corporation Act 1986 amended by section 529; or
(b) section 16(2)(a) or 21(2), (4), (5) or (6) of the Gold
Corporation Act 1987,
has the same effect after commencement, to the extent that it
has any force or significance after commencement, as if it had
30 been done or omitted by, to or in relation to, the Minister.
page 218
Machinery of Government (Miscellaneous Amendments) Bill 2003
Treasurer, and Government Enterprises Part 17
Transitional provisions Division 13
s. 530
(3) In this section --
"commencement" means the time at which this Division comes
into operation;
"Minister" means the Minister to whom the administration of
5 the Western Australian Treasury Corporation Act 1986 is
committed.
page 219
Machinery of Government (Miscellaneous Amendments) Bill 2003
Part 18 Various references to Permanent Head amended
s. 531
Part 18 -- Various references to Permanent
Head amended
531. Various references to Permanent Head changed to chief
executive officer
5 (1) Each provision listed in the Table to this subsection is amended
by deleting "Permanent Head" in each place where it occurs and
inserting instead --
" chief executive officer ".
Table
Country Areas Water Supply Act 1947 s. 85(7)
s. 120(1)(b)(iv)
Dental Act 1939 s. 51A(2)(a)
Equal Opportunity Act 1984 s. 141(a)
Housing Loan Guarantee Act 1957 s. 6(1)
Optical Dispensers Act 1966 s. 5(1), (2), (3) and (4)
s. 6(1)
s. 7(1), (2) and (3)
s. 8(1)
s. 10(1) and (2)
s. 11
Shearers' Accommodation Act 1912 s. 5(2)
s. 12
s. 14A
10 (2) Each provision listed in the Table to this subsection is amended
by deleting "permanent head" in each place where it occurs and
inserting instead --
" chief executive officer ".
Table
Industrial Training Act 1975 s. 7
s. 37E(1) and (2)
Street Alignment Act 1844 s. 7
page 220
Machinery of Government (Miscellaneous Amendments) Bill 2003
General transitional provisions Part 19
s. 532
Part 19 -- General transitional provisions
532. References to Department by a former name
(1) If --
(a) a written law refers, or is to be taken to refer, to a
5 department of the Public Service by a title that was
given by a provision of an Act (the "principal Act");
and
(b) the provision has been amended to remove that title, or
has been repealed, by this Act,
10 then, on and after the day on which this Act comes into
operation, the reference has effect as a reference to the
department of the Public Service principally assisting in the
administration of the principal Act.
(2) Subsection (1) does not apply if a contrary intention appears or
15 the context otherwise requires.
533. References to chief executive officer by a former name
(1) If --
(a) a written law refers, or is to be taken to refer, to a chief
executive officer by a title that was given by a provision
20 of an Act (the "principal Act"); and
(b) the provision has been amended to remove that title, or
has been repealed, by this Act,
then, on and after the day on which this Act comes into
operation, the reference has effect as a reference to the chief
25 executive officer within the meaning of the principal Act.
(2) Subsection (1) does not apply if a contrary intention appears or
the context otherwise requires.
page 221
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