MACHINERY OF GOVERNMENT (MISCELLANEOUS AMENDMENTS) BILL 2005

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MACHINERY OF GOVERNMENT (MISCELLANEOUS AMENDMENTS) BILL 2005

Western Australia Machinery of Government (Miscellaneous Amendments) Bill 2005 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencem ent 2 3. Interpretation 2 4. Regulations -- power to amend certain statutory rules 2 5. Regulations -- general 2 Part 2 -- Agriculture and Forestry Division 1 -- Agricultural Produce Commission Act 1988 6. The Act amended 3 7. Section 7 amended 3 Division 2 -- Agriculture and Related Resources Protection Act 1976 8. The Act amended 3 9. Section 65 amended 3 10. Section 94 amended 4 Division 3 -- Cattle Industry Compensation Act 1965 11. The Act amended 4 12. Section 21 amended 4 Division 4 -- Forest Products Act 2000 13. The Act amended 4 14. Section 3 amended 5 15. Section 6 amended 5 16. Section 10 amended 5 17. Section 42 amended 6 017--2 page i

Machinery of Government (Miscellaneous Amendments) Bill 2005 Contents 18. Section 57 amended 6 19. Section 59 amended 6 20. Various references to Executive Director changed to CALM Act CEO 6 Division 5 -- Marketing of Potatoes Act 1946 21. The Act amended 7 22. Section 22B amended 7 Division 6 -- Plant Pests and Diseases (Eradication Funds) Act 1974 23. The Act amended 7 24. Sections 5 and 8A amended 8 Division 7 -- Soil and Land Conservation Act 1945 25. The Act amended 8 26. Section 4 amended 8 27. Section 25C amended 8 Division 8 -- Tree Plantation Agreements Act 2003 28. The Act amended 8 29. Section 4 amended 9 Part 3 -- Attorney General, and Justice Division 1 -- Bail Act 1982 30. The Act amended 10 31. Section 3 amended 10 32. Section 66A amended 11 33. Various references to CEO (Justice) changed to CEO 11 Division 2 -- Evidence Act 1906 34. The Act amended 11 35. Section 61 amended 12 36. Section 106A amended 12 37. The Fifth Schedule amended 12 Division 3 -- Juries Act 1957 38. The Act amended 13 39. Second Schedule amended 13 Division 4 -- Professional Standards Act 1997 40. The Act amended 14 41. Section 16 amended 14 Division 5 -- Spent Convictions Act 1988 42. The Act amended 14 page ii

Machinery of Government (Miscellaneous Amendments) Bill 2005 Contents 43. Schedule 3 amended 14 Division 6 -- Statutory Corporations (Liability of Directors) Act 1996 44. The Act amended 15 45. Schedule 1 amended 15 Division 7 -- Suitors' Fund Act 1964 46. The Act amended 15 47. Section 4 amended 15 Part 4 -- Consumer and Employment Protection Division 1 -- Associations Incorporation Act 1987 48. The Act amended 17 49. Section 3 amended 17 50. Sections 39A to 39E inserted 18 Division 2 -- Builders' Registration Act 1939 51. The Act amended 20 52. Section 4A amended 20 53. Section 37 amended 21 Division 3 -- Business Names Act 1962 54. The Act amended 21 55. Section 4 amended 21 56. Section 4AA inserted 22 57. Sections 31A to 31D inserted 22 Division 4 -- Chattel Securities Act 1987 58. The Act amended 24 59. Section 3 amended 25 60. Section 3A inserted 25 61. Heading to Part IV inserted 26 62. Sections 30A to 30D inserted 26 Division 5 -- Companies (Co-operative) Act 1943 63. The Act amended 28 64. Section 3 amended 28 65. Division 1A inserted 29 66. Section 391 repealed and consequential amendments 31 Division 6 -- Competition Policy Reform (Western Australia) Act 1996 67. The Act amended 31 page iii

Machinery of Government (Miscellaneous Amendments) Bill 2005 Contents 68. Section 45 amended 31 69. Division 5 inserted 32 Division 7 -- Consumer Affairs Act 1971 70. The Act amended 34 71. Long title amended 34 72. Section 4 amended 35 73. Section 5 amended 35 74. Heading to Part III replaced 35 75. Sections 15 to 17 replaced 35 76. Section 23 replaced 38 77. Section 24 replaced 39 78. Section 25 amended 40 Division 8 -- Co-operative and Provident Societies Act 1903 79. The Act amended 41 80. Section 2 amended 41 81. Sections 67 to 71 inserted 42 Division 9 -- Credit Act 1984 82. The Act amended 44 83. Section 5 amended 44 Division 10 -- Credit (Administration) Act 1984 84. The Act amended 45 85. Section 4 amended 45 86. Section 10 amended 46 87. Section 53 replaced 46 88. Section 54 amended 47 89. Section 56 amended 48 90. Section 56A inserted 49 Division 11 -- Employment Agents Act 1976 91. The Act amended 50 92. Section 4 amended 50 93. Section 9A inserted 51 94. Section 48 replaced 51 95. Section 49A inserted 53 Division 12 -- Fair Trading Act 1987 96. The Act amended 53 97. Section 5 amended 53 98. Section 73 amended 54 99. Section 75 amended 54 page iv

Machinery of Government (Miscellaneous Amendments) Bill 2005 Contents Division 13 -- Hire-Purchase Act 1959 100. The Act amended 54 101. Section 2 amended 54 102. Section 23W replaced 55 103. Section 36C replaced 56 Division 14 -- Limited Partnerships Act 1909 104. The Act amended 56 105. Section 15 replaced 57 Division 15 -- Motor Vehicle Dealers Act 1973 106. The Act amended 57 107. Section 5 amended 58 108. Section 5AA inserted 58 109. Section 6 amended 59 Division 16 -- Motor Vehicle Repairers Act 2003 110. The Act amended 59 111. Section 3 amended 60 112. Section 7 replaced 60 Division 17 -- Petroleum Products Pricing Act 1983 113. The Act amended 60 114. Section 3 amended 61 115. Section 5 replaced 61 116. Section 7 amended 62 117. Section 23 amended 62 118. Section 24 amended 63 119. Section 26 amended 63 120. Section 27A amended 63 121. Section 27B amended 63 122. Section 28 amended 64 123. Section 29 amended 64 124. Section 31 amended 64 125. Section 31H amended 64 126. Sections 32A to 32C inserted 65 127. Section 33 amended 66 Division 18 -- Petroleum Retailers Rights and Liabilities Act 1982 128. The Act amended 67 129. Section 3 amended 67 page v

Machinery of Government (Miscellaneous Amendments) Bill 2005 Contents Division 19 -- Real Estate and Business Agents Act 1978 130. The Act amended 67 131. Sections 131H and 131K amended 68 Division 20 -- Residential Tenancies Act 1987 132. The Act amended 68 133. Section 3 amended 68 134. Section 7A inserted 69 135. Section 8 amended 69 136. Sections 11A and 11B inserted 70 137. Schedule 1 amended 71 Division 21 -- Retirement Villages Act 1992 138. The Act amended 71 139. Section 3 amended 71 140. Section 7A inserted 72 141. Section 8 amended 72 142. Sections 11A and 11B inserted 73 143. Sections 57 and 58 amended 74 144. Section 78 repealed 74 Division 22 -- Travel Agents Act 1985 145. The Act amended 74 146. Section 3 amended 74 147. Section 49A inserted 75 148. Section 50 amended 75 149. Section 50A inserted 76 150. Section 52 amended 76 Division 23 -- Transitional provisions 151. Commissioner for Fair Trading 77 152. Commissioner for Corporate Affairs and Registrar of Co-operative and Financial Institutions 79 153. 80 Consumer Affairs Act 1971 154. 80 Petroleum Products Pricing Act 1983 155. Interpretation 80 Part 5 -- Disability Services, and Sport and Recreation Division 1 -- Disability Services Act 1993 156. The Act amended 81 157. Section 15 amended 81 page vi

Machinery of Government (Miscellaneous Amendments) Bill 2005 Contents 158. Section 30 amended 81 Division 2 -- Professional Combat Sports Act 1987 159. The Act amended 81 160. Section 12 amended 82 Division 3 -- Western Australian Sports Centre Trust Act 1986 161. The Act amended 82 162. Section 15 amended 82 Part 6 -- Energy Division 1 -- Electricity Act 1945 163. The Act amended 83 164. Section 5 amended 83 165. Section 32 amended 84 Division 2 -- Energy Coordination Act 1994 166. The Act amended 84 167. Section 3 amended 84 168. Part 1A inserted 86 169. Heading to Part 2 amended 89 170. Sections 4 and 6 repealed 89 171. Section 8 amended 89 172. Section 9 amended 90 173. Section 10 amended 90 174. Section 11 amended 90 175. Section 11ZK amended 90 176. Section 12 amended 90 177. Section 13 amended 90 178. Section 19 amended 91 179. Heading to Part 4 replaced and heading to Division 1 inserted 91 180. Heading to Division 2 inserted 91 181. Various references to Coordinator in Schedule 3 changed to Minister 91 Part 7 -- Environment Division 1 -- Conservation and Land Management Act 1984 182. The Act amended 93 183. Section 3 amended 93 page vii

Machinery of Government (Miscellaneous Amendments) Bill 2005 Contents 184. Section 15 amended 94 185. Section 16A amended 94 186. Section 17 amended 94 187. Section 17A amended 94 188. Section 22 amended 94 189. Section 23 amended 95 190. Section 26D amended 95 191. Headings to Part IV and Division 1 replaced 95 192. Section 32 repealed 95 193. Section 33 amended 96 194. Section 34 repealed 96 195. Section 34A amended 96 196. Section 34B amended 97 197. Part IV Division 2 replaced 97 198. Section 42 repealed 99 199. Section 49 amended 99 200. Section 50 amended 99 201. Section 64 amended 100 202. Section 65 amended 100 203. Section 71 amended 100 204. Section 72 amended 100 205. Section 75 amended 100 206. Section 133 amended 100 207. Section 142 amended 101 208. Various references to Department changed to CEO 101 209. Various references to Executive Director changed to CEO 101 Division 2 -- Environmental Protection Act 1986 210. The Act amended 103 211. Section 110H amended 103 Division 3 -- Litter Act 1979 212. The Act amended 103 213. Section 9 amended 104 214. Sections 15 and 16 amended 104 215. Section 26 amended 104 216. Third Schedule amended 105 Division 4 -- Sandalwood Act 1929 217. The Act amended 106 218. Section 3 amended 106 page viii

Machinery of Government (Miscellaneous Amendments) Bill 2005 Contents Division 5 -- Wildlife Conservation Act 1950 219. The Act amended 106 220. Section 6 amended 106 221. Various references to Executive Director changed to CEO 107 Division 6 -- Zoological Parks Authority Act 2001 222. The Act amended 107 223. Section 33 amended 107 Division 7 -- Transitional provisions 224. 108 Conservation and Land Management Act 1984 Part 8 -- Fisheries Division 1 -- Fisheries Adjustment Schemes Act 1987 225. The Act amended 110 226. Section 5 amended 110 227. Section 10 amended 110 228. Various references to Executive Director changed to CEO 110 Division 2 -- Fishing and Related Industries Compensation (Marine Reserves) Act 1997 229. The Act amended 111 230. Section 5 amended 111 Division 3 -- Fish Resources Management Act 1994 231. The Act amended 111 232. Section 4 amended 112 233. Section 10 repealed 112 234. Section 238 amended 112 235. Sections 239, 241 and 242 amended 112 236. Various references to Executive Director changed to CEO 112 Division 4 -- Pearling Act 1990 237. The Act amended 114 238. Section 3 amended 114 239. Section 35 amended 115 240. Section 62A inserted 115 241. Various references to Executive Director changed to CEO 116 page ix

Machinery of Government (Miscellaneous Amendments) Bill 2005 Contents Division 5 -- Transitional provisions 242. References to the Executive Director 116 Part 9 -- Health Division 1 -- Dental Prosthetists Act 1985 243. The Act amended 118 244. Section 3 amended 118 245. Section 5 amended 118 246. Sections 19A and 30A amended 119 247. Various references to Commissioner changed to CEO 119 Division 2 -- Health Act 1911 248. The Act amended 119 249. Section 3 amended 120 250. Heading to Part II Division 1 amended 120 251. Various references to Commissioner changed to CEO 120 Division 3 -- Health Legislation Administration Act 1984 252. The Act amended 121 253. Section 3 amended 121 254. Section 6 amended 121 255. Section 9 amended 121 Division 4 -- Health Services (Conciliation and Review) Act 1995 256. The Act amended 122 257. Section 3 amended 122 258. Section 13 amended 123 259. Section 25 amended 123 Division 5 -- Hospital Fund Act 1930 260. The Act amended 123 261. Section 3 amended 123 Division 6 -- Hospitals and Health Services Act 1927 262. The Act amended 123 263. Section 2 amended 124 264. Various references to Commissioner changed to CEO 124 Division 7 -- Human Reproductive Technology Act 1991 265. The Act amended 125 page x

Machinery of Government (Miscellaneous Amendments) Bill 2005 Contents 266. Section 3 amended 125 267. Section 13 amended 126 268. Section 37 amended 126 269. Sections 53ZC and 53ZI amended 126 270. Various references to Commissioner of Health changed to CEO 126 Division 8 -- Medical Act 1894 271. The Act amended 128 272. Section 4 amended 128 Division 9 -- Mental Health Act 1996 273. The Act amended 128 274. Section 3 amended 129 275. Various references to Commissioner changed to CEO 129 Division 10 -- Nurses Act 1992 276. The Act amended 129 277. Section 4 amended 130 278. Section 9 amended 130 Division 11 -- Poisons Act 1964 279. The Act amended 130 280. Section 5 amended 131 281. Section 55E amended 131 282. Various references to Commissioner of Health changed to CEO 131 Division 12 -- Tobacco Control Act 1990 283. The Act amended 132 284. Section 4 amended 132 285. Section 17 amended 133 286. Section 19 amended 133 287. Section 26 amended 133 288. Section 29 amended 133 Division 13 -- Transitional provisions 289. Commissioner of Health 133 Part 10 -- Housing and Works, and Heritage Division 1 -- Country Housing Act 1998 290. The Act amended 135 291. Section 9A inserted 135 page xi

Machinery of Government (Miscellaneous Amendments) Bill 2005 Contents 292. Section 11 amended 135 293. Section 13 amended 135 294. Section 15 amended 136 Division 2 -- Government Employees' Housing Act 1964 295. The Act amended 136 296. Long title amended 137 297. Section 4 amended 137 298. Section 5 amended 137 299. Section 6 repealed 137 300. Part II repealed 137 301. Section 18 amended 138 302. Section 19 amended 138 303. Section 21 repealed 138 304. Section 23 amended 138 305. Section 24 amended 138 306. Section 25 repealed 138 Division 3 -- Heritage of Western Australia Act 1990 307. The Act amended 139 308. Section 14 amended 139 Division 4 -- Housing Act 1980 309. The Act amended 139 310. Long title amended 139 311. Section 5 amended 140 312. Heading to Part II amended 140 313. Heading to Part II Division 1 replaced 140 314. Section 6 amended 141 315. Section 7 amended 141 316. Sections 8 to 10 replaced 142 317. Heading to Part II Division 2 amended 142 318. Section 11 amended 142 319. Sections 11A and 11B inserted 143 320. Section 12 amended 145 321. Section 12A amended 145 322. Section 13 amended 145 323. Section 16 amended 145 324. Heading to Part II Division 3 amended 145 325. Section 17 amended 146 326. Section 18A inserted 146 page xii

Machinery of Government (Miscellaneous Amendments) Bill 2005 Contents 327. Section 22 amended 147 328. Heading to Part IV amended 147 329. Section 50 amended 147 330. Section 62 amended 148 331. Section 69 replaced 148 332. References to Commission changed to Authority 148 Division 5 -- Public Works Act 1902 333. The Act amended 149 334. Section 2 amended 149 335. Section 9E amended 149 Division 6 -- Transitional matters 336. Financial reporting 150 337. References to former bodies 151 338. 151 Government Employees' Housing Act 1964 339. 152 Housing Act 1980 340. Interpretation 152 Part 11 -- Indigenous Affairs Division 1 -- Aboriginal Affairs Planning Authority Act 1972 341. The Act amended 154 342. Long title amended 154 343. Section 4 amended 154 344. Section 10 repealed 154 345. Section 16 repealed 155 346. Section 17 amended 155 347. Section 19 amended 155 348. Section 43 amended 156 349. Various references to Commissioner changed to CEO 156 Division 2 -- Transitional provisions 350. 157 Aboriginal Affairs Planning Authority Act 1972 Part 12 -- Local Government and Regional Development, and Land Information Division 1 -- Animal Welfare Act 2002 351. The Act amended 158 352. Section 5 amended 158 page xiii

Machinery of Government (Miscellaneous Amendments) Bill 2005 Contents 353. Section 90 amended 158 354. Various references to Director General changed to CEO 158 Division 2 -- Control of Vehicles (Off-road Areas) Act 1978 355. The Act amended 159 356. Section 3 amended 159 357. Section 21 amended 159 358. Section 22 repealed 159 359. Section 38 amended 160 Division 3 -- Local Government Act 1995 360. The Act amended 160 361. Section 1.4 amended 160 362. Section 9.58 amended 161 363. Section 9.67 amended 161 364. Various references to Executive Director changed to Departmental CEO 161 Division 4 -- Local Government Grants Act 1978 365. The Act amended 162 366. Section 3 amended 162 367. Section 5 amended 162 368. Section 6 amended 162 Division 5 -- Regional Development Commissions Act 1993 369. The Act amended 162 370. Section 3 amended 163 371. Section 31 amended 163 Division 6 -- Valuation of Land Act 1978 372. The Act amended 163 373. Section 4 amended 163 Part 13 -- Planning and Infrastructure Division 1 -- Land Administration Act 1997 374. The Act amended 164 375. Section 3 amended 164 376. Section 8 amended 164 377. Section 30 amended 164 378. Section 202 amended 165 379. Section 259 amended 165 page xiv

Machinery of Government (Miscellaneous Amendments) Bill 2005 Contents Division 2 -- Main Roads Act 1930 380. The Act amended 166 381. Section 31 amended 166 Division 3 -- Western Australian Coastal Shipping Commission Act 1965 382. The Act amended 166 383. Section 25 amended 166 Division 4 -- Western Australian Marine (Sea Dumping) Act 1981 384. The Act amended 167 385. Section 14 amended 167 Part 14 -- Police and Emergency Services Division 1 -- Bush Fires Act 1954 386. The Act amended 168 387. Section 7 amended 168 388. Section 28 amended 168 389. Section 34 amended 169 390. Section 37 amended 169 391. Section 58 amended 169 392. Section 66 amended 169 Division 2 -- Misuse of Drugs Act 1981 393. The Act amended 170 394. Section 38D amended 170 Part 15 -- Premier, Public Sector Management, and Water Resources Division 1 -- Constitution Acts Amendment Act 1899 395. The Act amended 171 396. Schedule V amended 171 Division 2 -- Public Sector Management Act 1994 397. The Act amended 171 398. Schedule 2 amended 171 Division 3 -- Water Corporation Act 1995 399. The Act amended 172 page xv

Machinery of Government (Miscellaneous Amendments) Bill 2005 Contents 400. Section 73 amended 172 Part 16 -- Racing and Gaming Division 1 -- Gaming and Wagering Commission Act 1987 401. The Act amended 173 402. Section 9 amended 173 403. Section 110A amended 173 Division 2 -- Racing and Wagering Western Australia Act 2003 404. The Act amended 173 405. Section 89 amended 173 Division 3 -- Racing Penalties (Appeals) Act 1990 406. The Act amended 174 407. Section 24 amended 174 Part 17 -- Treasurer, and Government Enterprises Division 1 -- Anzac Day Act 1960 408. The Act amended 175 409. Section 10 amended 175 Division 2 -- Economic Regulation Authority Act 2003 410. The Act amended 175 411. Section 23 amended 176 Division 3 -- Financial Administration and Audit Act 1985 412. The Act amended 176 413. Schedule 1 amended 176 Division 4 -- Gold Corporation Act 1987 414. The Act amended 177 415. Section 3 amended 177 416. Heading to Part II amended 177 417. Section 9 amended 177 418. Sections 9A, 9B and 9C inserted 178 419. Section 16 amended 180 420. Section 21 amended 180 421. Section 40 amended 180 page xvi

Machinery of Government (Miscellaneous Amendments) Bill 2005 Contents 422. Section 51 amended 181 423. Schedule 1 amended 181 Division 5 -- Insurance Commission of Western Australia Act 1986 424. The Act amended 181 425. Division 3A inserted 182 Division 6 -- Lotteries Commission Act 1990 426. The Act amended 184 427. Sections 8A, 8B and 8C inserted 184 428. Section 22 amended 186 Division 7 -- Parliamentary Superannuation Act 1970 429. The Act amended 187 430. Section 6 amended 187 Division 8 -- Rates and Charges (Rebates and Deferments) Act 1992 431. The Act amended 187 432. Section 46 amended 187 Division 9 -- State Superannuation Act 2000 433. The Act amended 188 434. Sections 33A, 33B and 33C inserted 188 Division 10 -- State Supply Commission Act 1991 435. The Act amended 190 436. Section 30 amended 190 Division 11 -- Western Australian Treasury Corporation Act 1986 437. The Act amended 190 438. Section 3 amended 191 439. Section 5B amended 191 440. Section 8A amended 191 441. Section 9B inserted 191 442. Section 10 amended 191 443. Section 16HA inserted 192 444. Section 16PA inserted 192 445. Section 17A amended 192 446. Section 18 amended 193 447. Section 21A amended 193 448. Section 21B amended 193 page xvii

Machinery of Government (Miscellaneous Amendments) Bill 2005 Contents 449. Schedule 2 amended 193 450. Various references to Treasurer changed to Minister 193 Division 12 -- Transitional provisions 451. Western Australian Treasury Corporation Act 1986 and Gold Corporation Act 1987 194 Part 18 -- Various references to Permanent Head amended 452. Various references to Permanent Head changed to chief executive officer 196 Part 19 -- General transitional provisions 453. References to Department by a former name 197 454. References to chief executive officer by a former name 197 page xviii

Western Australia LEGISLATIVE ASSEMBLY (As amended in Committee) Machinery of Government (Miscellaneous Amendments) Bill 2005 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 foll ows: page 1

Machinery of Government (Miscellaneous Amendments) Bill 2005 Preliminary Part 1 s. 1 Part 1 -- Preliminary 1. Short title This is the Machinery of Government (Miscellaneous Amendments) Act 2005. 2. Commencement 5 (1) Subject to this section, this Act comes into operation on a day f ixed by proclamation. (2) Different days may be fixed under subsection (1) for different provisions. 3. Interpretation 10 In this Part -- "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 15 (1) The Governor, on the recommendation of the Mini ster, may make regulations amending a statutory rule made under an Act. (2) The Minister may make a recommendation under subsection (1) only i f the Min ister considers that each amendment proposed to be made by the regulations is consequential on the enactment of 20 this Act. (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 25 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 im mediately before commencement to the application of that Act as in force i m mediately after commencement. 30 page 2

Machinery of Government (Miscellaneous Amendments) Bill 2005 Agriculture and Forestry Part 2 Agricultural Produce Commission Act 1988 Division 1 s. 6 Part 2 -- Agriculture and Forestry Agricultural Produce Commissio n Act 1988 Divisio n 1 -- 6. The Act amended The amendments in this Divis ion are to the Agricultural Produce Commission Act 1988*. 5 [* Reprinted as at 5 April 2002. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 11 and Act No. 59 of 2004.] 7. Section 7 amended 10 Section 7(2) is amended by deleting "at the Treasury forming" and inserting instead -- " as ". Agriculture and Related Resources Protection Divisio n 2 -- Act 1976 15 8. The Act amended The amendments in this Divis ion are to the Agriculture and Related Resources Protection Act 1976*. [* Reprinted as at 15 October 1999. For subsequent amendments see Western Australian 20 Legislation Information Tables for 2004, Table 1, p. 13.] 9. Section 65 amended Section 65(1) is amended as follows: (a) by inserting after "61" -- " 25 and any other money lawful l y received by, made avai lable to or payable to the Protection Board "; page 3

Machinery of Government (Miscellaneous Amendments) Bill 2005 Agriculture and Forestry Part 2 Cattle Industry Compensation Act 1965 Division 3 s. 10 (b) by deleting "to be kept in the Treasury". 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 ". Cattle Industry Compensation Act 1965 Divisio n 3 -- 11. The Act amended The amendments in this Divis ion are to the Cattle Industry Compensation Act 1965*. 15 [* Reprinted as at 20 August 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 53-4.] 12. Section 21 amended Section 21(1) is amended by deleting "and kept at the Treasury, 20 forming" and inserting instead -- " , as ". Forest Products Act 2000 Divisio n 4 -- 13. The Act amended The amendments in this Divis ion are to the Forest Products 25 Act 2000*. [* Act No. 34 of 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 177.] page 4

Machinery of Government (Miscellaneous Amendments) Bill 2005 Agriculture and Forestry Part 2 Forest Products Act 2000 Division 4 s. 14 14. Section 3 amended Section 3 is amended as follows: (a) by inserting the following defin itions 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 def in ition of "departmental land" in paragraph (c) by deleting "Executive Director" and inserting instead -- " CALM Act CEO "; (c) by deleting the defin itions of "Department" and 15 "Executive Director". 15. Section 6 amended Section 6(3)(c) is amended by deleting "Department" and inserting instead -- " CALM Act Department ". 20 16. Section 10 amended Section 10(1) is amended as follows: (a) in paragraph (l) by deleting "Department" and inserting instead -- " CALM Act CEO "; 25 (b) in paragraph (l) by deleting "the Department's" and inserting instead -- " that CEO's "; page 5

Machinery of Government (Miscellaneous Amendments) Bill 2005 Agriculture and Forestry Part 2 Forest Products Act 2000 Division 4 s. 17 (c) in paragraph (m) by deleting "Department" and inserting instead -- " CALM Act CEO ". 17. Section 42 amended Section 42(2)(d) is amended by deleting "Department" and 5 inserting instead -- " CALM Act CEO ". 18. Section 57 amended Section 57(2)(a)(ii) and (c) are amended by deleting "Department's" and inserting instead -- 10 " CALM Act CEO's ". 19. Section 59 amended Section 59(1)(b) and (c) are amended by deleting "Department" and inserting instead -- " CALM Act CEO ". 15 20. Various references to Executive Director changed to CALM Act CEO Each provision l isted in the Table to this section is amended by deleting "Executive Director" in each place where it occurs and inserting instead -- 20 " CALM Act CEO ". Table s. 6(3)(c) s. 57(2)(a) and (b) s. 10(1)(e), (k) an d (o ) s. 59(1)(d) and (2) and (3)( e) page 6

Machinery of Government (Miscellaneous Amendments) Bill 2005 Agriculture and Forestry Part 2 Marketing of Potatoes Act 1946 Division 5 s. 21 Marketing of Potatoes Act 1946 Divisio n 5 -- 21. The Act amended The amendments in this Divis ion are to the Marketing of Potatoes Act 1946*. [* Reprinted as at 7 January 2000. 5 For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 275-6.] 22. Section 22B amended (1) Section 22B(5) is amended by deleting "Comm issi oner for Health" and inserting instead -- 10 " CEO (Health) ". (2) After section 22B(9) the following subsection is inserted -- " (10) In this section -- "CEO (Health)" has the meaning given to "CEO" by 15 section 3 of the Health Legislation Administration Act 1984. ". Plant Pests and Diseases (Eradication Funds) Divisio n 6 -- Act 1974 20 23. The Act amended The amendments in this Divis ion are to the Plant Pests and Diseases (Eradication Funds) Act 1974*. [* Reprint 2 as at 12 December 2003. For subsequent amendments see Western Australian 25 Legislation Information Tables for 2004, Table 1, p. 345.] page 7

Machinery of Government (Miscellaneous Amendments) Bill 2005 Agriculture and Forestry Part 2 Soil and Land Conservation Act 1945 Division 7 s. 24 24. Sections 5 and 8A amended Sections 5(1) and 8A(1) are amended by deleting "and kept at the Treasury, forming" and inserting instead -- " , as ". Soil and Land Conservation Act 1945 Divisio n 7 -- 5 25. The Act amended The amendments in this Divis ion are to the Soil and Land Conservation Act 1945*. [* Reprint 6 as at 3 October 2003. For subsequent amendments see Western Australian 10 Legislation Information Tables for 2004, Table 1, p. 416.] 26. Section 4 amended Section 4 is amended in the defin ition of "Public Authority" in paragraph (f) by deleting "Executive Director within the meaning" and inserting instead -- 15 " CEO as defined in section 3 ". 27. Section 25C amended Section 25C(1) is amended by deleting "at the Treasury, forming" and inserting instead -- " , as ". 20 Divisio n 8 -- Tree Plantation Agreements Act 2003 28. The Act amended The amendments in this Divis ion are to the Tree Plantation Agreements Act 2003*. [* Act No. 39 of 2003.] 25 page 8

Machinery of Government (Miscellaneous Amendments) Bill 2005 Agriculture and Forestry Part 2 Tree Plantation Agreements Act 2003 Division 8 s. 29 29. Section 4 amended (1) Section 4(2)(a) and (b) are amended by deleting "Executive Director of the Department of Conservation and Land Management" and inserting instead -- " CALM Act CEO ". 5 (2) After section 4(2) the following subsection is inserted -- " (3) In this section -- "CALM Act CEO" has the meaning given to "CEO" by section 3 of the Conservation and Land 10 Management Act 1984. ". page 9

Machinery of Government (Miscellaneous Amendments) Bill 2005 Attorney General, and Justice Part 3 Bail Act 1982 Division 1 s. 30 Part 3 -- Attorney General, and Justice Bail Act 1982 Divisio n 1 -- 30. The Act amended The amendments in this Divis ion are to the Bail Act 1982*. [* Reprint 5 as at 1 April 2005. 5 For subsequent amendments see Acts Nos. 45, 59 and 84 of 2004.] 31. Section 3 amended (1) Section 3(1) is amended as follows: (a) by inserting the following defin itions in the appropriate 10 alphabetical positions -- " "CEO" means the chief executive officer of the Department; "Department" means the department of the Publi c 15 Service principal l y assisting in the admin istration of this Act; "; (b) in the def in ition of "authorised community services officer" in paragraph (a) by deleting "(Justice)" in both 20 places where it occurs; (c) by deleting the defin ition of "CEO (Justice)". (2) Section 3(5) is amended by deleting "department of which he is the chief executive officer" and inserting instead -- " Department ". 25 page 10

Machinery of Government (Miscellaneous Amendments) Bill 2005 Attorney General, and Justice Part 3 Evidence Act 1906 Division 2 s. 32 32. Section 66A amended Section 66A(2) is amended by deleting "department of which the CEO (Justice) is the chief executive off icer" and inserting instead -- " Department ". 5 33. Various references to CEO (Justice) changed to CEO Each provision l isted in the Table to this section is amended by deleting "CEO (Justice)" in each place where it occurs and inserting instead -- " CEO ". 10 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)". Evidence Act 1906 Divisio n 2 -- 34. The Act amended 15 The amendments in this Divis ion are to the Evidence Act 1906*. [* Reprint 12 as at 10 October 2003. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 151.] page 11

Machinery of Government (Miscellaneous Amendments) Bill 2005 Attorney General, and Justice Part 3 Evidence Act 1906 Division 2 s. 35 35. Section 61 amended Section 61 is amended as follows: (a) by deleting "Head of any department of the Government" and inserting instead -- " 5 chief executive off icer of any department of the Publ ic Service "; (b) by deleting "or board" in the first place where it occurs and inserting instead -- 10 " , listed "; (c) by deleting "board" in the second place where it occurs and inserting instead -- " body ". 36. Section 106A amended 15 Section 106A is amended in the defin ition of "accused" in paragraph (a)(i) by deleting "of the department establ ished under section 4 of the Community Services Act 1972" and inserting instead -- " 20 as defined in section 3 of the Children and Community Services Act 2004 ". 37. The Fifth Schedule amended The Fi fth Schedule is amended by deleting all the items from 25 and including the item relating to the Lands and Surveys Department and inserting instead -- " Any department of the The chief executive officer of Public Service that department page 12

Machinery of Government (Miscellaneous Amendments) Bill 2005 Attorney General, and Justice Part 3 Juries Act 1957 Division 3 s. 38 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 ". Juries Act 1957 Divisio n 3 -- 38. The Act amended The amendments in this Divis ion are to the Juries Act 1957*. [* Reprinted as at 3 July 2000. 5 For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 232.] 39. Second Schedule amended (1) The Second Schedule Part I item 2(i) is deleted and the following item is inserted instead -- 10 " (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; 15 ". (2) 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; ". page 13

Machinery of Government (Miscellaneous Amendments) Bill 2005 Attorney General, and Justice Part 3 Professional Standards Act 1997 Division 4 s. 40 Professional Standards Act 1997 Divisio n 4 -- 40. The Act amended The amendments in this Divis ion are to the Professional Standards Act 1997*. [* Act No. 22 of 1997. 5 For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 360 and Act No. 25 of 2004.] 41. Section 16 amended Section 16(2) is amended as follows: 10 (a) by deleting "at either"; (b) in paragraph (a) by deleting "the Treasury and"; (c) in paragraph (b) by inserting before "a bank" -- " at ". Spent Convictions Act 1988 Divisio n 5 -- 15 42. The Act amended The amendments in this Divis ion are to the Spent Convictions Act 1988*. [* Reprinted as at 1 September 2000. For subsequent amendments see Western Australian 20 Legislation Information Tables for 2004, Table 1, p. 418-9.] 43. Schedule 3 amended Schedule 3 clause 1 item 10 of the Table is amended by deleting "Community and Juveni le Justice Div ision or the Prisons Division of the Department of Justice" and inserting instead -- 25 " department of the Public Service principally assisting in the administration of this Act ". page 14

Machinery of Government (Miscellaneous Amendments) Bill 2005 Attorney General, and Justice Part 3 Statutory Corporations (Liability of Directors) Act 1996 Division 6 s. 44 Statutory Corporations (Liability of Directors) Divisio n 6 -- Act 1996 44. The Act amended The amendments in this Divis ion are to the Statutory Corporations (Liability of Directors) Act 1996*. 5 [* Reprint 3 as at 7 November 2003. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 431.] 45. Schedule 1 amended Schedule 1 is amended by deleting the items relating to the State 10 Housing Comm ission. Suitors' Fund Act 1964 Divisio n 7 -- 46. The Act amended The amendments in this Divis ion are to the Suitors' Fund Act 1964*. 15 [* Reprinted as at 29 October 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 438.] 47. Section 4 amended (1) Section 4(1) is amended by deleting "and kept at the Treasury, 20 forming" and inserting instead -- " , as ". (2) Section 4(2) is repealed and the following subsection is inserted instead -- " 25 (2) The following shal l be credited to the Fund -- (a) the amounts referred to in section 6(2); page 15

Machinery of Government (Miscellaneous Amendments) Bill 2005 Attorney General, and Justice Part 3 Suitors' Fund Act 1964 Division 7 s. 47 (b) any other moneys lawful l y received by, made avai lable to, or payable to the Board. ". page 16

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Associations Incorporation Act 1987 Division 1 s. 48 Part 4 -- Consumer and Employment Protection Associations Incorporation Act 1987 Divisio n 1 -- 48. The Act amended The amendments in this Divis ion are to the Associations Incorporation Act 1987*. 5 [* Reprinted as at 20 August 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 28.] 49. Section 3 amended Section 3(1) is amended as follows: 10 (a) by inserting the following defin ition in the appropriate alphabetical position -- " "Department" means the department of the Publi c Service principal l y assisting in the admin istration 15 of this Act; "; (b) by deleting the defin ition of "Comm issioner" and inserting instead -- " 20 "Commissioner" means the person for the time being designated as the Comm issioner under section 39A; ". page 17

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Associations Incorporation Act 1987 Division 1 s. 50 50. Sections 39A to 39E inserted After section 39 the following sections are inserted in Part VII -- " 39A. 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 Comm issioner for the purposes of this Act. (2) The Comm issioner may be referred to by a title 10 specif ied by the Minister by notice publ ished 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. 39B. Delegation by Commissioner (1) The Comm issioner may delegate to any other person employed in the Department any power or duty of the Comm issioner under another provision of this Act. 20 (2) The delegation must be in writing signed by the Comm issioner. (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 25 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 18

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Associations Incorporation Act 1987 Division 1 s. 50 (5) Nothing in this section li m its the abi lity of the Comm issioner to perform a function through an off icer or agent. 39C. Information officially obtained to be confidential (1) A person who misuses information obtained by reason 5 of any function that person has, or at any time had, in the administration of this Act, or the repealed Act, comm its 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 identif ication of any person to whom the information refers; or 20 (e) with the consent of the person to whom the in formation 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. 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 performance of a function under this Act, or the 30 repealed Act. page 19

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Builders' Registration Act 1939 Division 2 s. 51 (2) The State is also relieved of any l iabi lity that it mi ght 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) 5 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. 39E. Judicial notice 10 Al l courts, judges and persons acting judicial l y shal l take judicial notice of the off icial signature of every person who is for the time being and every person who has at any time been the Comm issioner and of the fact that such person holds or has held such office. 15 ". Builders' Registration Act 1939 Divisio n 2 -- 51. The Act amended The amendments in this Divis ion are to the Builders' Registration Act 1939*. 20 [* Reprinted as at 11 January 2002. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 44.] 52. Section 4A amended Section 4A(5) is amended by deleting "Commissioner for Fair 25 Trading appointed under section 15" and inserting instead -- " Commissioner as defined in section 4(1) ". page 20

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Busines s Names Act 1962 Division 3 s. 53 53. Section 37 amended Section 37(3) is amended by deleting "Comm issioner for Fair Trading referred to in section 15" and inserting instead -- " Commissioner as defined in section 4(1) ". Business Names Act 1962 Divisio n 3 -- 5 54. The Act amended The amendments in this Divis ion are to the Business Names Act 1962*. [* Reprinted as at 16 February 2001. For subsequent amendments see Western Australian 10 Legislation Information Tables for 2004, Table 1, p. 49.] 55. Section 4 amended Section 4(1) is amended as follows: (a) by inserting the following defin ition in the appropriate alphabetical position -- 15 " "Department" means the department of the Publi c Service principal l y assisting in the admin istration of this Act; "; 20 (b) by deleting the defin ition of "Comm issioner" and inserting instead -- " "Commissioner" means the person for the time being designated as the Comm issioner under 25 section 4AA; ". page 21

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Busines s Names Act 1962 Division 3 s. 56 56. Section 4AA inserted After section 4 the following section is inserted -- " 4AA. Commissioner (1) The Minister is required, by notice published in the 5 Gazette, to designate a person who is an executive officer of the Department as the Comm issioner for the purposes of this Act. (2) The Comm issioner may be referred to by a title specif ied by the Minister by notice publ ished in the 10 Gazette. (3) In this section -- "executive officer" has the meaning given by section 3(1) of the Public Sector Management Act 1994. 15 ". 57. Sections 31A to 31D inserted After section 31 the following sections are inserted -- " 31A. Delegation by Commissioner 20 (1) The Comm issioner may delegate to any other person employed in the Department any power or duty of the Comm issioner under another provision of this Act. (2) The delegation must be in writing signed by the Comm issioner. 25 (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 22

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Busines s Names Act 1962 Division 3 s. 57 be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (5) Nothing in this section li m its the abi lity of the Comm issioner to perform a function through an off icer or agent. 5 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. 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 identif ication of any 20 person to whom the information refers; or (e) with the consent of the person to whom the in formation 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. page 23

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Chattel Securities Act 1987 Division 4 s. 58 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. (2) The State is also relieved of any l iabi lity that it mi ght 5 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) may have been capable of being done whether or not 10 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 Affairs Act 1971 15 Sections 19, 20, 21, 22 and 23A of the Consumer Affairs Act 1971 apply, with such modif ications as are necessary, to and in relation to the functions of the Comm issioner and persons and matters affected by the exercise of those functions as if the sections were part 20 of this Act. ". Chattel Securities Act 1987 Divisio n 4 -- 58. The Act amended The amendments in this Divis ion are to the Chattel Securities 25 Act 1987*. [* Reprinted as at 13 December 2002. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 57.] page 24

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Chattel Securities Act 1987 Division 4 s. 59 59. Section 3 amended Section 3(1) is amended as follows: (a) by inserting the following defin ition in the appropriate alphabetical position -- " 5 "Department" means the department of the Publi c Service principal l y assisting in the admin istration of this Act; "; (b) by deleting the defin ition of "Comm issioner" and 10 inserting instead -- " "Commissioner" means the person for the time being designated as the Comm issioner under section 3A; ". 15 60. Section 3A inserted After section 3 the following section is inserted in Part I -- " 3A. Commissioner (1) The Minister is required, by notice published in the 20 Gazette, to designate a person who is an executive officer of the Department as the Comm issioner for the purposes of this Act. (2) The Comm issioner may be referred to by a title specif ied by the Minister by notice publ ished in the 25 Gazette. (3) In this section -- "executive officer" has the meaning given by section 3(1) of the Public Sector Management Act 1994. 30 ". page 25

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Chattel Securities Act 1987 Division 4 s. 61 61. Heading to Part IV inserted After section 28 the following heading is inserted -- " Part IV -- Miscellaneous ". 5 62. Sections 30A to 30D inserted After section 30 the following sections are inserted -- " 30A. Delegation by Commissioner (1) The Comm issioner may delegate to any other person 10 employed in the Department any power or duty of the Comm issioner under another provision of this Act. (2) The delegation must be in writing signed by the Comm issioner. (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 li m its the abi lity of the Comm issioner to perform a function through an off icer or agent. 30B. Information officially obtained to be confidential (1) A person who misuses information obtained by reason 25 of any function that person has, or at any time had, in the administration of this Act commits an offence. Penalty: $20 000. page 26

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Chattel Securities Act 1987 Division 4 s. 62 (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; 5 (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 identif ication of any 10 person to whom the information refers; or (e) with the consent of the person to whom the in formation relates, or each of them if there is more than one. (3) In this section -- 15 "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 anything that the person has, in good faith, done in the 20 performance or purported performance of a function under this Act. (2) Subject to sections 24 and 25, the State is also relieved of any l iabi lity that it might otherwise have had for another person having done anything as described in 25 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 Act had been enacted. 30 (4) In this section, a reference to the doing of anything includes a reference to an omission to do anything. page 27

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Companies (Co-operative) Act 1943 Division 5 s. 63 30D. 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 modif ications as are necessary, to and in relation to the functions of the 5 Comm issioner and persons and matters affected by the exercise of those functions as if the sections were part of this Act. ". Divisio n 5 -- Companies (Co-operative) Act 1943 10 63. The Act amended The amendments in this Divis ion are to the Companies (Co-operative) Act 1943*. [* Reprinted as at 14 January 2000. For subsequent amendments see Western Australian 15 Legislation Information Tables for 2004, Table 1, p. 74.] 64. Section 3 amended Section 3 is amended as follows: (a) by inserting the following defin ition in the appropriate alphabetical position -- 20 " "Department" means the department of the Publi c Service principal l y assisting in the admin istration of this Act. "; 25 (b) by deleting the defin ition of "Registrar" and inserting instead -- " "Registrar" means the person for the time being designated as the Registrar under section 3A. 30 ". page 28

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Companies (Co-operative) Act 1943 Division 5 s. 65 65. Division 1A inserted After section 3 the following Division is inserted -- " Divisio n 1A -- A d m i nistrati o n 3A. Registrar 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 Registrar for the purposes of this Act. (2) The Registrar may be referred to by a title specif ied by 10 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. 15 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. (2) The delegation must be in writing signed by the 20 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 has been delegated to the person under this section is to 25 be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (5) Nothing in this section li m its the abi lity of the Registrar to perform a function through an officer or agent. 30 page 29

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Companies (Co-operative) Act 1943 Division 5 s. 65 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. Penalty: $20 000. 5 (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; 10 (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 identif ication of any 15 person to whom the information refers; or (e) with the consent of the person to whom the in formation relates, or each of them if there is more than one. (3) In this section -- 20 "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 25 performance of a function under this Act. (2) The State is also relieved of any l iabi lity that it mi ght 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) page 30

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Competition Policy Reform (Western Australia) Act 1996 Division 6 s. 66 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. 3E. Judicial notice 5 Al l courts, judges and persons acting judicial l y shal l take judicial notice of the off icial 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 such person holds or has held such off ice. 10 ". 66. 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), 373(d) and (g) and 392(2) are amended by deleting "and seal". 15 Divisio n 6 -- Competition Policy Reform (Western Australia) Act 1996 67. The Act amended The amendments in this Divis ion are to the Competition Policy Reform (Western Australia) Act 1996*. 20 [* Reprinted as at 6 July 2001. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 75-6.] 68. Section 45 amended Section 45 is amended by deleting the defin ition of 25 "Comm issioner" and inserting instead -- " "Commissioner" means the person for the time being designated as the Comm issioner under section 58; ". 30 page 31

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Competition Policy Reform (Western Australia) Act 1996 Division 6 s. 69 69. Division 5 inserted After section 57 the following Division is inserted -- " Divisio n 5 -- C o m m issi o ner 58. 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 Comm issioner for the purposes of this Part. (2) The Comm issioner may be referred to by a title 10 specif ied by the Minister by notice publ ished 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. 59. Delegation by Commissioner (1) The Comm issioner may delegate to any other person employed in the Department any power or duty of the Comm issioner under another provision of this Part. 20 (2) The delegation must be in writing signed by the Comm issioner. (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 25 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 32

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Competition Policy Reform (Western Australia) Act 1996 Division 6 s. 69 (5) Nothing in this section li m its the abi lity of the Comm issioner to perform a function through an off icer or agent. 60. Information officially obtained to be confidential (1) A person who misuses information obtained by reason 5 of any function that person has, or at any time had, in the administration of this Part comm its an offence. Penalty: $20 000. (2) A person misuses information if it is, directly or indirectly, recorded, used, or disclosed to another 10 person, other than -- (a) in the course of duty; (b) under this Act; (c) for the purposes of the investigation of any suspected offence or the conduct of 15 proceedings against any person for an offence; (d) in a manner that could not reasonably be expected to lead to the identif ication of any person to whom the information refers; or (e) with the consent of the person to whom the 20 in formation relates, or each of them if there is more than one. (3) In this section -- "information" means information concerning the affairs of a person. 25 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 performance of a function under this Part. page 33

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Consumer Affairs Act 1971 Division 7 s. 70 (2) The State is also relieved of any l iabi lity that it mi ght 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) 5 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. 62. Judicial notice 10 Al l courts, judges and persons acting judicial l y shal l take judicial notice of the off icial signature of every person who is for the time being and every person who has at any time been the Comm issioner and of the fact that such person holds or has held such office. 15 ". Divisio n Consumer Affairs Act 1971 7-- 70. The Act amended The amendments in this Divis ion are to the Consumer Affairs Act 1971*. 20 [* Reprint 4 as at 9 July 2004. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 91.] 71. Long title amended The long title is amended by deleting "appointment of a 25 Comm issioner for Fair Trading" and inserting instead -- " protection of the interests of consumers ". page 34

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Consumer Affairs Act 1971 Division 7 s. 72 72. Section 4 amended Section 4(1) is amended by deleting the defin ition of "Comm issioner" and inserting instead -- " "Commissioner" means the person for the time being 5 designated as the Comm issioner under section 15; ". 73. Section 5 amended Section 5(2) is amended by deleting "the person for the time being holding the off ice of " . 10 74. Heading to Part III replaced The heading to Part III is deleted and the following heading is inserted instead -- " Part III -- Administrative provisions 15 ". 75. Sections 15 to 17 replaced Sections 15, 15A and 17 are repealed and the following sections are inserted instead -- " 20 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 Comm issioner for the purposes of this Act. 25 (2) The Comm issioner may be referred to by a title specif ied by the Minister by notice publ ished in the Gazette. page 35

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Consumer Affairs Act 1971 Division 7 s. 75 (3) In this section -- "executive officer" has the meaning given by section 3(1) of the Public Sector Management Act 1994. 16. Functions of the Commissioner 5 (1) The functions of the Commissioner include -- (a) to promote the interests of consumers and to assist them to a greater awareness in relation to their assessment and use of goods and services; (b) to collect, collate and dissem inate information 10 in respect of matters affecting the interests of consumers; (c) to receive complaints from consumers concerning matters affecting their interests as consumers, to consider and, if the 15 Comm issioner considers it warranted, to investigate those complaints and to take such action in respect of those complaints as seems proper to the Comm issioner; (d) to receive complaints of fraudulent or deceptive 20 practices in relation to matters that affect or are l ikel y to affect the interests of consumers and to make such investigations and inquiries and to take such other action in respect of those complaints as seems proper to the 25 Comm issioner; (e) to advise and assist consumers who seek from the Comm issioner information or guidance on matters affecting their interests as consumers; (f) to encourage and undertake the dissem ination 30 of information concerning consumer affairs to producers, manufacturers and suppliers of goods or services; page 36

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Consumer Affairs Act 1971 Division 7 s. 75 (g) to perform such other functions as are imposed on the Comm issioner by this Act or any other Act. (2) Without li m iting the general ity of subsection (1), the Comm issioner is to -- 5 (a) make such recommendations to the Minister as the Comm issioner considers necessary or desirable in the interests of consumers and in particular investigate and make recommendations to the Minister in relation to 10 any matters that concern the need for or desirabi l ity of legislative or admin istrative action in the interests of consumers; (b) advise the Minister on such matters affecting the interests of consumers as the Minister may 15 refer to the Comm issioner; (c) make recommendations to the Minister for the establish ment and maintenance of means by which -- (i) matters that affect the interests of 20 consumers and of persons engaged in the production, manufacture, preparation or supply of goods or in commerce or in the provision of services may receive adequate 25 consideration; and (ii) in formation concerning those matters and considerations may be dissem inated at large. (3) The Comm issioner may cooperate, associate or consult 30 with organisations that have the power to make investigations of the nature referred to in subsection (2)(a). page 37

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Consumer Affairs Act 1971 Division 7 s. 76 17. Power of Commissioner to publish warnings about unsatisfactory or dangerous goods and services etc. (1) The Comm issioner may publ ish (in any form) a statement identif ying and giving warnings or in formation about any of the following -- 5 (a) goods that are unsatisfactory or dangerous and persons who supply or are likel y to supply those goods; (b) services suppl ied in an unsatisfactory or dangerous manner and persons who supply or 10 are likel y to supply those services; (c) unfair business practices and persons who engage or are likel y to engage in those practices; (d) any other matter which adversel y affects or 15 may adversel y affect the interests of consumers in connection with the acquisition by them of goods or services. (2) A statement under subsection (1) may identify particular goods, services, business practices and 20 persons. (3) The Comm issioner is not to make or issue a statement under this section unless satisfied that it is in the publ ic interest to do so. ". 25 76. Section 23 replaced Section 23 is repealed and the following section is inserted instead -- " 23. Delegation by Commissioner 30 (1) The Comm issioner may delegate to any other person employed in the Department any power or duty of the page 38

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Consumer Affairs Act 1971 Division 7 s. 77 Comm issioner 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 Comm issioner. (3) A person to whom a power or duty is delegated under 5 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. 10 (5) Nothing in this section li m its the abi lity of the Comm issioner to perform a function through an off icer or agent. ". 77. Section 24 replaced 15 Section 24 is repealed and the following section is inserted instead -- " 24. Information officially obtained to be confidential (1) A person who misuses information obtained by reason 20 of any function that person has, or at any time had, under or in accordance with this Act or any other Act comm its an offence. Penalty: $20 000. (2) A person misuses information if it is, directly or 25 indirectly, recorded, used, or disclosed to another person, other than -- (a) in the course of duty; (b) under this Act or any other Act; page 39

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Consumer Affairs Act 1971 Division 7 s. 78 (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 identif ication of any 5 person to whom the information refers; or (e) with the consent of the person to whom the in formation relates, or each of them if there is more than one. (3) In this section -- 10 "information" means information concerning the affairs of a person. ". 78. Section 25 amended (1) Section 25 is amended as follows: 15 (a) by inserting before "Subject" the subsection designation "(1)"; (b) in paragraph (b) by inserting after "statement" -- " made or "; (c) by inserting after "operations of the Comm ittee or of the 20 Department" -- " or the admin istration of this Act or the Fair Trading Act 1987 ". 25 (2) At the end of section 25 the following subsections are inserted -- " (2) No liabil ity is incurred by a person for publishing i n good faith -- 30 (a) a statement referred to in subsection (1)(b); or (b) a fair report or summary of such a statement. page 40

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Co-operative and Provident Societies Act 1903 Division 8 s. 79 (3) In this section -- "liability" includes liabi l ity for defamation. ". Co-operative and Provident Societies Act 1903 Divisio n 8 -- 79. The Act amended 5 The amendments in this Divis ion are to the Co-operative and Provident Societies Act 1903*. [* Reprinted as at 7 September 2001. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 66-7.] 10 80. Section 2 amended Section 2 is amended as follows: (a) by inserting the following defin itions in the appropriate alphabetical positions -- " 15 "Department" means the department of the Publi c Service principal l y assisting in the admin istration of this Act; "Registrar" means the person for the time being designated as the Registrar under section 67; 20 "; (b) in the def in ition of "The Min ister" by deleting "bei ng;" and inserting instead -- " being. "; (c) by deleting the defin ition of "The Registrar". 25 page 41

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Co-operative and Provident Societies Act 1903 Division 8 s. 81 81. Sections 67 to 71 inserted After section 66 the following sections are inserted -- " 67. Registrar (1) The Minister is required, by notice published in the 5 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 specif ied by the Minister by notice published in the Gazette. 10 (3) In this section -- "executive officer" has the meaning given by section 3(1) of the Public Sector Management Act 1994. 68. Delegation by Registrar 15 (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. (2) The delegation must be in writing signed by the Registrar. 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 li m its the abi lity of the Registrar to perform a function through an officer or agent. page 42

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Co-operative and Provident Societies Act 1903 Division 8 s. 81 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. Penalty: $20 000. 5 (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; 10 (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 identif ication of any 15 person to whom the information refers; or (e) with the consent of the person to whom the in formation relates, or each of them if there is more than one. (3) In this section -- 20 "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 25 performance of a function under this Act. (2) The State is also relieved of any l iabi lity that it mi ght 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) page 43

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Credit Act 1984 Division 9 s. 82 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. 71. Judicial notice 5 Al l courts, judges and persons acting judicial l y shal l take judicial notice of the off icial 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 such person holds or has held such off ice. 10 ". Credit Act 1984 Divisio n 9 -- 82. The Act amended The amendments in this Divis ion are to the Credit Act 1984*. [* Reprinted as at 6 April 2001. 15 For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 103-4.] 83. Section 5 amended Section 5(1) is amended as follows: (a) by inserting the following defin ition in the appropriate 20 alphabetical position -- " "Department" has the meaning given by section 4 of the Credit (Administration) Act 1984; "; 25 page 44

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Credit (Administration) Act 1984 Division 10 s. 84 (b) by deleting the defin ition of "Comm issioner" and inserting instead -- " "Commissioner" has the meaning given by section 4 of the Credit (Administration) Act 1984; 5 ". Credit (Administration) Act 1984 Divisio n 10 -- 84. The Act amended The amendments in this Divis ion are to the Credit (Administration) Act 1984*. 10 [* Reprint 2 as at 6 August 2004. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 103.] 85. Section 4 amended Section 4 is amended as follows: 15 (a) by inserting the following defin ition in the appropriate alphabetical position -- " "Department" means the department of the Publi c Service principal l y assisting in the admin istration 20 of this Act; "; (b) by deleting the defin ition of "Comm issioner" and inserting instead -- " 25 "Commissioner" means the person for the time being designated as the Comm issioner under section 53; ". page 45

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Credit (Administration) Act 1984 Division 10 s. 86 86. Section 10 amended Section 10(3) is amended by deleting "for Fair Trading" in the 3 places where it occurs. 87. Section 53 replaced Section 53 is repealed and the following sections are inserted 5 instead -- " 53. Commissioner (1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive 10 officer of the Department as the Comm issioner for the purposes of the cognate Acts. (2) The Comm issioner may be referred to by a title specif ied by the Minister by notice publ ished in the Gazette. 15 (3) Without li m iting any other functions of the Comm issioner for the purposes of the cognate Acts, the Comm issioner has the following functions -- (a) to investigate and conduct research into matters relating to the cognate Acts; 20 (b) to publish reports and dissem inate information on matters relating to the cognate Acts; (c) to give advice to consumers on the provisions of the cognate Acts; (d) to investigate and attempt to resolve complaints 25 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 i mportance investigated by the Commissioner, 30 whether or not referred to the Comm issioner by the Minister. page 46

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Credit (Administration) Act 1984 Division 10 s. 88 (4) In this section -- "executive officer" has the meaning given by section 3(1) of the Public Sector Management Act 1994. 53A. Delegation by Commissioner 5 (1) The Comm issioner may delegate to any other person employed in the Department any power or duty of the Comm issioner under another provision of the cognate Acts. (2) The delegation must be in writing signed by the 10 Comm issioner. (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 15 be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (5) Nothing in this section li m its the abi lity of the Comm issioner to perform a function through an off icer or agent. 20 53B. Judicial notice Al l courts, judges and persons acting judicial l y shal l take judicial notice of the off icial signature of every person who is for the time being and every person who has at any time been the Comm issioner and of the fact 25 that such person holds or has held such office. ". 88. Section 54 amended (1) Section 54(1) is amended by deleting "an authorised off icer appointed under the Consumer Affairs Act 1971,". 30 page 47

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Credit (Administration) Act 1984 Division 10 s. 89 (2) Section 54(2) is amended by deleting ", or an authorised off icer or" and inserting instead -- " or an ". (3) Section 54(3)(a) is amended by deleting "off icer" and inserting instead -- 5 " person ". 89. Section 56 amended (1) Section 56(1) is amended as follows: (a) in paragraph (c) by inserting after "Comm issioner" -- " or a delegate of the Comm issioner "; 10 (b) in paragraph (d) by deleting "54(1) or". (2) Section 56(2) is repealed and the following subsections are inserted instead -- " (2) A person to whom this section applies shal l not mi suse 15 in formation obtained by reason of any function that person has, or at any time had, in the admin istration of the cognate Acts. Penalty: $20 000. (3) A person misuses information if it is, directly or 20 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 25 Act 1971, the State Administrative Tribunal Act 2004; or page 48

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Credit (Administration) Act 1984 Division 10 s. 90 (ii) the corresponding Acts, or proposed laws, of the legis lature of the Commonwealth or of another State or of a Territory; (c) for the purposes of the investigation of any 5 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 identif ication of any person to whom the information refers; or 10 (e) with the consent of the person to whom the in formation relates, or each of them if there is more than one. (4) In this section -- "information" means information concerning the 15 affairs of a person. ". 90. Section 56A inserted After section 56 the following section is inserted -- " 20 56A. 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. (2) The State is also relieved of any l iabi lity that it mi ght 25 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) may have been capable of being done whether or not 30 this Act had been enacted. page 49

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Employment Agents Act 1976 Division 11 s. 91 (4) In this section, a reference to the doing of anything includes a reference to an omission to do anything. ". Employment Agents Act 1976 Divisio n 11 -- 91. The Act amended 5 The amendments in this Divis ion are to the Employment Agents Act 1976*. [* Reprinted as at 26 October 2001. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 141.] 10 92. Section 4 amended Section 4(1) is amended as follows: (a) by deleting the defin ition of "Comm issioner" and inserting instead -- " 15 "Commissioner" means the person for the time being designated as the Comm issioner under section 9A; "; (b) by deleting the defin ition of "Department" and inserting instead -- 20 " "Department" means the department of the Publi c Service principal l y assisting in the admin istration of this Act; ". 25 page 50

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Employment Agents Act 1976 Division 11 s. 93 93. Section 9A inserted After section 9 the following section is inserted -- " 9A. Commissioner (1) The Minister is required, by notice published in the 5 Gazette, to designate a person who is an executive officer of the Department as the Comm issioner for the purposes of this Act. (2) The Comm issioner may be referred to by a title specif ied by the Minister by notice publ ished in the 10 Gazette. (3) In this section -- "executive officer" has the meaning given by section 3(1) of the Public Sector Management Act 1994. 15 ". 94. Section 48 replaced Section 48 is repealed and the following sections are inserted instead -- " 20 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. 25 (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; 30 page 51

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Employment Agents Act 1976 Division 11 s. 94 (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 identif ication of any 5 person to whom the information refers; or (e) with the consent of the person to whom the in formation relates, or each of them if there is more than one. (3) In this section -- 10 "information" means information concerning the affairs of a person. 48A. Delegation by Commissioner (1) The Comm issioner may delegate to any other person employed in the Department any power or duty of the 15 Comm issioner under another provision of this Act. (2) The delegation must be in writing signed by the Comm issioner. (3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty. 20 (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. (5) Nothing in this section li m its the abi lity of the 25 Comm issioner to perform a function through an off icer or agent. ". page 52

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Fair Trading Act 1987 Division 12 s. 95 95. Section 49A inserted After section 49 the following section is inserted -- " 49A. Judicial notice Al l courts, judges and persons acting judicial l y shal l 5 take judicial notice of the off icial signature of every person who is for the time being and every person who has at any time been the Comm issioner and of the fact that such person holds or has held such office. ". 10 Fair Trading Act 1987 Divisio n 12 -- 96. The Act amended The amendments in this Divis ion are to the Fair Trading Act 1987*. [* Reprinted as at 16 November 2001. 15 For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 154-5.] 97. Section 5 amended Section 5(1) is amended as follows: (a) by deleting the defin ition of "Comm issioner" and 20 inserting instead -- " "Commissioner" has the meaning given by section 4(1) of the Consumer Affairs Act 1971; "; 25 (b) by deleting the defin ition of "Department" and inserting instead -- " "Department" has the meaning given by section 4(1) of the Consumer Affairs Act 1971; 30 "; page 53

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Hire-Purchase Act 1959 Division 13 s. 98 (c) by deleting the defin ition of "investigator". 98. Section 73 amended Section 73(10)(a) is amended by deleting "of Consumer Affairs". 99. Section 75 amended 5 Section 75(1)(b) is amended by deleting "Comm issioner" and inserting instead -- " Minister ". Hire-Purchase Act 1959 Divisio n 13 -- 100. The Act amended 10 The amendments in this Divis ion are to the Hire-Purchase Act 1959*. [* Reprint 6 as at 2 July 2004. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 204-5.] 15 101. Section 2 amended Section 2(1) is amended as follows: (a) by inserting the following defin ition in the appropriate alphabetical position -- " 20 "Department" means the department of the Publi c Service principal l y assisting in the admin istration of this Act; "; page 54

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Hire-Purchase Act 1959 Division 13 s. 102 (b) by deleting the defin ition of "Comm issioner" and inserting instead -- " "Commissioner" means the person for the time being designated as the Comm issioner under 5 section 23A; "; (c) by deleting the defin ition of "Deputy Commissioner". 102. Section 23W replaced Section 23W is repealed and the following sections are inserted 10 instead -- " 23A. Commissioner (1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive 15 officer of the Department as the Comm issioner for the purposes of this Act. (2) The Comm issioner may be referred to by a title specif ied by the Minister by notice publ ished in the Gazette. 20 (3) In this section -- "executive officer" has the meaning given by section 3(1) of the Public Sector Management Act 1994. 23B. Delegation by Commissioner 25 (1) The Comm issioner may delegate to any other person employed in the Department any power or duty of the Comm issioner under another provision of this Act. (2) The delegation must be in writing signed by the Comm issioner. 30 page 55

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Limited Partnerships Act 1909 Division 14 s. 103 (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 5 delegation unless the contrary is shown. (5) Nothing in this section li m its the abi lity of the Comm issioner to perform a function through an off icer or agent. ". 10 103. Section 36C replaced Section 36C is repealed and the following section is inserted instead -- " 36C. Application of certain provisions of the Consumer 15 Affairs Act 1971 Sections 19, 20, 21, 22, 23A, 24 and 25 of the Consumer Affairs Act 1971 apply, with such modif ications as are necessary, to and in relation to the functions of the Comm issioner and persons and m atters 20 affected by the exercise of those functions as if the sections were part of this Act. ". Limited Partnerships Act 1909 Divisio n 14 -- 104. The Act amended 25 The amendments in this Divis ion are to the Limited Partnerships Act 1909*. [* Reprint 3 as at 6 June 2003. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 253.] 30 page 56

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Motor Vehicle Dealers Act 1973 Division 15 s. 105 105. Section 15 replaced Section 15 is repealed and the following section is inserted instead -- " 15. Registrar of limited partnerships 5 (1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the department principall y assisting in the admin istration of this Act as the Registrar for the purposes of this Act. 10 (2) The Registrar may be referred to by a title specif ied by the Minister by notice published in the Gazette. (3) Sections 19, 20, 21, 22, 23, 23A, 24 and 25 of the Consumer Affairs Act 1971 apply, with such modif ications as are necessary, to and in relation to the 15 functions of the Registrar and persons and matters 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 20 section 3(1) of the Public Sector Management Act 1994. ". Motor V ehicle Dealers Act 1973 Divisio n 15 -- 106. The Act amended 25 The amendments in this Divis ion are to the Motor Vehicle Dealers Act 1973*. [* Reprinted as at 14 November 1996. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 300.] 30 page 57

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Motor Vehicle Dealers Act 1973 Division 15 s. 107 107. Section 5 amended Section 5(1) is amended as follows: (a) by inserting the following defin ition in the appropriate alphabetical position -- " 5 "Department" means the department of the Publi c Service principal l y assisting in the admin istration of this Act; "; (b) by deleting the defin ition of "Comm issioner" and 10 inserting instead -- " "Commissioner" means the person for the time being designated as the Comm issioner under section 5AA; 15 ". 108. Section 5AA inserted After section 5A the following section is inserted -- " 5AA. 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 Comm issioner for the purposes of this Act and the Motor Vehicle Repairers Act 2003. 25 (2) The Comm issioner may be referred to by a title specif ied by the Minister by notice publ ished in the Gazette. page 58

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Motor Vehicle Repairers Act 2003 Division 16 s. 109 (3) In this section -- "executive officer" has the meaning given by section 3(1) of the Public Sector Management Act 1994. ". 5 109. Section 6 amended (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 10 Consumer Affairs Act 1971 apply, with such modif ications as are necessary, to and in relation to the functions of the Comm issioner and persons and m atters affected by the exercise of those functions as if the sections were part of this Act. 15 ". (2) Section 6(2) is amended by deleting "Permanent Head of the Department within the meaning of the Consumer Affairs Act 1971" and inserting instead -- " chief executive off icer of the Department ". 20 (3) Section 6(3) is amended by inserting after "Act 1971" -- " (as applied by subsection (1)) ". Motor V ehicle Repairers Act 200 3 Divisio n 16 -- 110. The Act amended The amendments in this Divis ion are to the Motor Vehicle 25 Repairers Act 2003*. [* Act No. 68 of 2003. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 301.] page 59

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Petroleum Products Pricing Act 1983 Division 17 s. 111 111. Section 3 amended Section 3(1) is amended by deleting the defin ition of "Comm issioner" and inserting instead -- " "Commissioner" has the meaning given to that term in 5 section 5(1) of the Motor Vehicle Dealers Act 1973; ". 112. Section 7 replaced Section 7 is repealed and the following section is i nserted 10 instead -- " 7. Commissioner's powers Sections 19, 20, 21, 22, 23, 23A, 24 and 25 of the Consumer Affairs Act 1971 apply, with such 15 modif ications as are necessary, to and in relation to the functions of the Comm issioner and persons and m atters affected by the exercise of those functions as if the sections were part of this Act. ". 20 Petroleum Products Pricing Act 1983 Divisio n 17 -- 113. The Act amended The amendments in this Divis ion are to the Petroleum Products Pricing Act 1983*. [* Reprinted as at 11 January 2002. 25 For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 337.] page 60

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Petroleum Products Pricing Act 1983 Division 17 s. 114 114. Section 3 amended Section 3(1) is amended as follows: (a) by inserting the following defin ition in the appropriate alphabetical position -- " 5 "Department" means the department of the Publi c Service principal l y assisting in the admin istration of this Act; "; (b) by deleting the defin ition of "Comm issioner" and 10 inserting instead -- " "Commissioner" means the person for the time being designated as the Comm issioner under section 5; ". 15 115. Section 5 replaced Section 5 is repealed and the following section is i nserted instead -- " 5. 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 Comm issioner for the purposes of this Act and the Petroleum Retailers Rights and Liabilities Act 1982. 25 (2) The Comm issioner may be referred to by a title specif ied by the Minister by notice publ ished in the Gazette. page 61

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Petroleum Products Pricing Act 1983 Division 17 s. 116 (3) In this section -- "executive officer" has the meaning given by section 3(1) of the Public Sector Management Act 1994. ". 5 116. Section 7 amended (1) Section 7(1) is amended as follows: (a) by deleting "under this Act"; (b) in paragraph (a) by inserting after "general l y" -- " and "; 10 (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. 117. 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 62

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Petroleum Products Pricing Act 1983 Division 17 s. 118 118. Section 24 amended Section 24(2) is amended by inserting after "this Act" in the second place where it occurs -- " or the Petroleum Retailers Rights and Liabilities 5 Act 1982 ". 119. Section 26 amended Section 26 is amended by inserting after "this Act" -- " 10 or the Petroleum Retailers Rights and Liabilities Act 1982 ". 120. Section 27A amended Section 27A(1) and (4) are amended by inserting after "this 15 Act" in each place where it occurs -- " or the Petroleum Retailers Rights and Liabilities Act 1982 ". 20 121. Section 27B amended Section 27B is amended by inserting after "this Act" in both places where it occurs -- " or the Petroleum Retailers Rights and Liabilities 25 Act 1982 ". page 63

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Petroleum Products Pricing Act 1983 Division 17 s. 122 122. Section 28 amended Section 28 is amended as follows: (a) in paragraph (a) by deleting "within the meaning of the Consumer Affairs Act 1971"; (b) by inserting after "this Act" -- 5 " or the Petroleum Retailers Rights and Liabilities Act 1982 ". 123. Section 29 amended 10 Section 29 is amended by inserting after "this Act" -- " or the Petroleum Retailers Rights and Liabilities Act 1982 ". 15 124. Section 31 amended Section 31 is amended by inserting after "this Act" -- " or the Petroleum Retailers Rights and Liabilities Act 1982 20 ". 125. Section 31H amended Section 31H(3) is amended in the defin ition of "off icer" by deleting "referred to in section 5(2)(a) or (b)" and inserting instead -- 25 " of the Department ". page 64

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Petroleum Products Pricing Act 1983 Division 17 s. 126 126. Sections 32A to 32C inserted After section 32 the following sections are inserted -- " 32A. Delegation by Commissioner (1) The Comm issioner may delegate to any other person 5 employed in the Department any power or duty of the Comm issioner under another provision of this Act or the Petroleum Retailers Rights and Liabilities Act 1982. (2) The delegation must be in writing signed by the 10 Comm issioner. (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 15 be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (5) Nothing in this section li m its the abi lity of the Comm issioner to perform a function through an off icer or agent. 20 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 Petroleum Retailers Rights and Liabilities Act 1982. 25 (2) The State is also relieved of any l iabi lity that it mi ght 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) 30 may have been capable of being done whether or not page 65

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Petroleum Products Pricing Act 1983 Division 17 s. 127 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. 32C. Judicial notice 5 Al l courts, judges and persons acting judicial l y shal l take judicial notice of the off icial signature of every person who is for the time being and every person who has at any time been the Comm issioner and of the fact that such person holds or has held such office. 10 ". 127. Section 33 amended (1) Section 33(1) is amended as follows: (a) by deleting "an officer referred to in section 5(2)" and inserting instead -- 15 " an officer of the Department "; (b) by inserting after "this Act" -- " or the Petroleum Retailers Rights and Liabilities Act 1982 20 ". (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 Act 1971" and inserting instead -- 30 " another Act admin istered by the Minister ". page 66

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Petroleum Retailers Rights and Liabilities Act 1982 Division 18 s. 128 Petroleum Retailers Rights and Liabilities Divisio n 18 -- Act 1982 128. The Act amended The amendments in this Divis ion are to the Petroleum Retailers Rights and Liabilities Act 1982*. 5 [* Reprinted as at 22 November 2002. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 337.] 129. Section 3 amended Section 3(1) is amended as follows: 10 (a) by inserting the following defin ition in the appropriate alphabetical position -- " "Department" has the meaning given by section 3 of the Petroleum Products Pricing Act 1983; 15 "; (b) by deleting the defin ition of "Comm issioner" and inserting instead -- " "Commissioner" has the meaning given by section 3 20 of the Petroleum Products Pricing Act 1983; ". Real Estate and Business Agents Act 1978 Divisio n 19 -- 130. The Act amended The amendments in this Divis ion are to the Real Estate and 25 Business Agents Act 1978*. [* Reprint 5 as at 8 April 2005. For subsequent amendments see Acts Nos. 59 and 84 of 2004.] page 67

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Residential Tenancies Act 1987 Division 20 s. 131 131. 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 -- " the Housing Authority ". 5 Residential Tenancies Act 1987 Divisio n 20 -- 132. The Act amended The amendments in this Divis ion are to the Residential Tenancies Act 1987*. [* Reprinted as at 22 January 1999. 10 For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 384-5.] 133. Section 3 amended Section 3 is amended as follows: (a) by deleting the defin ition of "Comm issioner" and 15 inserting instead -- " "Commissioner" means the person for the time being designated as the Comm issioner under section 7A; "; 20 (b) by deleting the defin ition of "Department" and inserting instead -- " "Department" means the department of the Publi c Service principal l y assisting in the admin istration 25 of this Act; ". page 68

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Residential Tenancies Act 1987 Division 20 s. 134 134. Section 7A inserted Before section 8 the following section is inserted in Part II -- " 7A. Commissioner (1) The Minister is required, by notice published in the 5 Gazette, to designate a person who is an executive officer of the Department as the Comm issioner for the purposes of this Act. (2) The Comm issioner may be referred to by a title specif ied by the Minister by notice publ ished in the 10 Gazette. (3) In this section -- "executive officer" has the meaning given by section 3(1) of the Public Sector Management Act 1994. 15 ". 135. Section 8 amended (1) Section 8(1) is amended as follows: (a) by deleting "Without lim iting section 17 of the Consumer Affairs Act 1971, the Department" and 20 inserting instead -- " The Commissioner "; (b) in paragraph (e) by deleting "Department" in both places where it occurs and inserting instead -- " Commissioner "; 25 (c) in paragraph (e) by deleting "it" and inserting instead -- " the Comm issioner ". (2) Section 8(2) is repealed. Functions of the Note: The heading to section 8 will be altered to read " Commissioner ". 30 page 69

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Residential Tenancies Act 1987 Division 20 s. 136 136. Sections 11A and 11B inserted After section 11 the following sections are inserted in Part II -- " 11A. Information officially obtained to be confidential (1) A person who misuses information obtained by reason 5 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 indirectly, recorded, used, or disclosed to another 10 person, other than -- (a) in the course of duty; (b) under this Act; (c) for the purposes of the investigation of any suspected offence or the conduct of 15 proceedings against any person for an offence; (d) in a manner that could not reasonably be expected to lead to the identif ication of any person to whom the information refers; or (e) with the consent of the person to whom the 20 in formation relates, or each of them if there is more than one. (3) In this section -- "information" means information concerning the affairs of a person. 25 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 modif ications as are necessary, to and in relation to the functions of the 30 Comm issioner and persons and matters affected by the page 70

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Retirement Villages Act 1992 Division 21 s. 137 exercise of those functions as if the sections were part of this Act. ". 137. Schedule 1 amended Schedule 1 clause 3(1) is amended by deleting "and kept at 5 Treasury". Retirement Villages Act 1992 Divisio n 21 -- 138. The Act amended The amendments in this Divis ion are to the Retirement Villages Act 1992*. 10 [* Reprint 2 as at 1 April 2005.] 139. Section 3 amended Section 3 is amended as follows: (a) by deleting the defin ition of "Comm issioner" and inserting instead -- 15 " "Commissioner" means the person for the time being designated as the Comm issioner under section 7A; "; (b) by deleting the defin ition of "Department" and inserting 20 instead -- " "Department" means the department of the Publi c Service principal l y assisting in the admin istration of this Act; 25 ". page 71

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Retirement Villages Act 1992 Division 21 s. 140 140. Section 7A inserted Before section 8 the following section is inserted in Part 2 -- " 7A. Commissioner (1) The Minister is required, by notice published in the 5 Gazette, to designate a person who is an executive officer of the Department as the Comm issioner for the purposes of this Act. (2) The Comm issioner may be referred to by a title specif ied by the Minister by notice publ ished in the 10 Gazette. (3) In this section -- "executive officer" has the meaning given by section 3(1) of the Public Sector Management Act 1994. 15 ". 141. Section 8 amended (1) Section 8(1) is amended as follows: (a) by deleting "Without lim iting section 17 of the Consumer Affairs Act 1971, the Department" and 20 inserting instead -- " The Commissioner "; (b) in paragraph (e) by deleting "Department" in both places where it occurs and inserting instead -- " Commissioner "; 25 (c) in paragraph (e) by deleting "it" and inserting instead -- " the Comm issioner ". (2) Section 8(2) is repealed. Functions of the Note: The heading to section 8 will be altered to read " Commissioner ". 30 page 72

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Retirement Villages Act 1992 Division 21 s. 142 142. Sections 11A and 11B inserted After section 11 the following sections are inserted -- " 11A. Information officially obtained to be confidential (1) A person who misuses information obtained by reason 5 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 indirectly, recorded, used, or disclosed to another 10 person, other than -- (a) in the course of duty; (b) under this Act; (c) for the purposes of the investigation of any suspected offence or the conduct of 15 proceedings against any person for an offence; (d) in a manner that could not reasonably be expected to lead to the identif ication of any person to whom the information refers; or (e) with the consent of the person to whom the 20 in formation relates, or each of them if there is more than one. (3) In this section -- "information" means information concerning the affairs of a person. 25 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 modif ications as are necessary, to and in relation to the functions of the 30 Comm issioner and persons and matters affected by the page 73

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Travel Agents Act 1985 Division 22 s. 143 exercise of those functions as if the sections were part of this Act. ". 143. Sections 57 and 58 amended Sections 57(6)(a) and 58(3)(a) are amended by del eting 5 "Department of Health" and inserting instead -- " Department as defined in section 3 of the Health Legislation Administration Act 1984 ". 10 144. Section 78 repealed Section 78 is repealed. Travel Agents Act 1985 Divisio n 22 -- 145. The Act amended The amendments in this Divis ion are to the Travel Agents 15 Act 1985*. [* Reprint 2 as at 6 June 2003. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 465-6.] 146. Section 3 amended 20 Section 3(1) is amended as follows: (a) by inserting the following defin itions in the appropriate alphabetical positions -- " "Commissioner" means the person for the time being 25 designated as the Comm issioner under section 49A; page 74

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Travel Agents Act 1985 Division 22 s. 147 "Department" means the department of the Publi c Service principal l y assisting in the admin istration of this Act; "; (b) by deleting the defin ition of "the Commissioner". 5 147. Section 49A inserted After section 49 the following section is inserted -- " 49A. Commissioner (1) The Minister is required, by notice published in the 10 Gazette, to designate a person who is an executive officer of the Department as the Comm issioner for the purposes of this Act. (2) The Comm issioner may be referred to by a title specif ied by the Minister by notice publ ished in the 15 Gazette. (3) In this section -- "executive officer" has the meaning given by section 3(1) of the Public Sector Management Act 1994. 20 ". 148. 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 the Comm issioner" and inserting instead -- 25 " an officer of the Department ". page 75

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Travel Agents Act 1985 Division 22 s. 149 149. Section 50A inserted After section 50 the following section is inserted -- " 50A. Protection from liability for wrongdoing (1) A person is not liable for anything that the person has, 5 in good faith, done in the performance or purported performance of a function under this Act. (2) The State is also relieved of any l iabi lity that it mi ght otherwise have had for another person having done anything as described in subsection (1). 10 (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. (4) In this section, a reference to the doing of anything 15 includes a reference to an omission to do anything. ". 150. Section 52 amended (1) Section 52(2) is amended by deleting "$2 000" and inserting instead -- 20 " $20 000 ". (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 -- 25 " (a) in the course of duty; (b) under this Act; "; page 76

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Transitional provisions Division 23 s. 151 (b) after paragraph (c) by deleting the full stop and inserting instead -- " ; (d) for the purposes of the investigation of any 5 suspected offence or the conduct of proceedings against any person for an offence; (e) in a manner that could not reasonably be expected to lead to the identif ication of any person to whom the information refers; or 10 (f) with the consent of the person to whom the in formation relates, or each of them if there is more than one. ". Divisio n 23 -- Transiti o nal pr ovisi o n s 15 151. Commissioner for Fair Trading (1) On commencement, the person holding the office of Comm issioner for Fair Trading im mediately before commencement is to be taken to have been designated as the Comm issioner or Registrar (as the case requires) for the 20 purposes of each of the following enactments -- (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; 25 (e) Part 8 of the Competition Policy Reform (Western Australia) Act 1996; (f) the Consumer Affairs Act 1971; (g) the Co-operative and Provident Societies Act 1903; (h) the Credit Act 1984; 30 (i) the Credit (Administration) Act 1984; page 77

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Transitional provisions Division 23 s. 151 (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; 5 (o) the Petroleum Retailers Rights and Liabilities Act 1982; (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 10 Comm issioner 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 15 signi f icance after commencement, as if it had been done or omitted -- (a) by, to or in relation to, the Comm issioner or Registrar (as the case requires) as defined in that other enactment as in force after commencement; and 20 (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 Comm issioner for Fair Trading (including in his or her capacity as the Prices Comm issioner) before 25 commencement under, or for the purposes of, an enactment l isted 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 signi f icance after commencement, as if it had been done or omitted by, to or in relation to, the Comm i ssioner or 30 Registrar (as the case requires) as defined in that enactment as in force after commencement. page 78

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Transitional provisions Division 23 s. 152 (4) A thing done or omitted to be done by, to or in relation to, the Comm issioner for Fair Trading before commencement under, or for the purposes of, an enactment not listed in subsection (1) has the same effect after commencement, to the extent that it has any force or signi f icance after commencement, as if it had been 5 done or omitted by, to or in relation to, the Comm i ssioner as defined in the Consumer Affairs Act 1971 as in force after commencement. (5) A reference in an enactment to the Comm issioner for Fair Trading is to have effect after commencement as if it had been 10 amended to be a reference to -- (a) in the case of an enactment listed in subsection (1) or subsidiary legislation made under such an enactment -- the Comm issioner or Registrar (as the case requires) as defined in the enactment as in force after 15 commencement; or (b) in the case of any other enactment or subsidiary legislation -- the Comm issioner as defined in the Consumer Affairs Act 1971 as in force after commencement. 20 152. Commissioner for Corporate Affairs and Registrar of Co-operative and Financial Institutions (1) A thing done or omitted to be done by, to or in relation to, the Comm issioner for Corporate Affairs before comm encement under, or for the purposes of, the Companies (Co-operative) 25 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 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 30 commencement under, or for the purposes of, the Co-operative and Provident Societies Act 1903 has the same eff ect after commencement as if it had been done or omitted by, to or in page 79

Machinery of Government (Miscellaneous Amendments) Bill 2005 Consumer and Employment Protection Part 4 Transitional provisions Division 23 s. 153 relation to, the Registrar as defined in that Act as in force after commencement. 153. Consumer Affairs Act 1971 Each off ice in existence im mediately before comm encement because of section 15(1) of the Consumer Affairs Act 1971 does 5 not cease merel y because that subsection is repealed by this Act. 154. Petroleum Products Pricing Act 1983 Each off ice in existence im mediately before comm encement because of section 5(2)(b) of the Petroleum Products Pricing Act 1983 does not cease merel y because that paragraph is 10 deleted by this Act. 155. Interpretation In this Div ision -- "commencement" means the time at which this Div ision comes into operation; 15 "Commissioner for Fair Trading" means the Com m issioner for Fair Trading referred to in section 15 of the Consumer Affairs Act 1971 as in force before commencement; "Prices Commissioner" means the Prices Comm i ssioner referred to in section 5(1) of the Petroleum Products 20 Pricing Act 1983 as in force before commencement. page 80

Machinery of Government (Miscellaneous Amendments) Bill 2005 Disability Services, and Sport and Recreation Part 5 Disability Services Act 1993 Division 1 s. 156 Part 5 -- Disability Services, and Sport and Recreation Disability Services Act 1993 Divisio n 1 -- 156. The Act amended The amendments in this Divis ion are to the Disability Services Act 1993*. 5 [* Reprinted as at 26 May 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 124.] 157. Section 15 amended Section 15(2) is amended as follows: 10 (a) by deleting "at either"; (b) in paragraph (a) by deleting "the Treasury and"; (c) in paragraph (b) by inserting before "a bank" -- " at ". 158. Section 30 amended 15 Section 30 is amended by deleting the defin ition of "Health Department" and inserting instead -- " "Health Department" has the meaning given to "Department" by section 3 of the Health 20 Legislation Administration Act 1984; ". Professional Combat Sports Act 1987 Divisio n 2 -- 159. The Act amended The amendments in this Divis ion are to the Professional 25 Combat Sports Act 1987*. [* Reprint 1 as at 11 March 2005.] page 81

Machinery of Government (Miscellaneous Amendments) Bill 2005 Disability Services, and Sport and Recreation Part 5 Western Australian Sports Centre Trust Act 1986 Division 3 s. 160 160. 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 stop and inserting -- " 5 ; and (d) any other moneys lawful l y received by, made avai lable to, or payable to the Comm ission. ". Western Australian Sports Centre Trust Act 1986 Divisio n 3 -- 10 161. The Act amended The amendment in this Division is to the Western Australian Sports Centre Trust Act 1986*. [* Reprinted as at 22 March 2002. For subsequent amendments see Western Australian 15 Legislation Information Tables for 2004, Table 1, p. 498.] 162. Section 15 amended Section 15(2) is amended by deleting "at the Treasury". page 82

Machinery of Government (Miscellaneous Amendments) Bill 2005 Energy Part 6 Electricity Act 1945 Division 1 s. 163 Part 6 -- Energy Electricity Act 1945 Divisio n 1 -- 163. The Act amended The amendments in this Divis ion are to the Electricity Act 1945*. 5 [* Reprint 5 as at 6 June 2003. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 138.] 164. Section 5 amended (1) Section 5(1) is amended by inserting the following defin ition in 10 the appropriate alphabetical position -- " "Minister" has a meaning that is modif ied by subsections (2) and (3); ". 15 (2) At the end of section 5 the following subsections are inserted -- " (2) A reference in a provision of this Act to the Minister is a reference to -- (a) i f, for the time being, different Ministers 20 admin ister 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 (b) i f paragraph (a) does not apply -- the Min ister 25 admin istering the provision. (3) A reference in a regulation made under section 32 to the Minister is a reference to -- (a) i f, for the time being, different Ministers admin ister section 32 in respect of different 30 page 83

Machinery of Government (Miscellaneous Amendments) Bill 2005 Energy Part 6 Energy Coordination Act 1994 Division 2 s. 165 matters -- the Minister administering section 32 in respect of the matter in respect of which the regulation is being appl ied; or (b) i f paragraph (a) does not apply -- the Min ister admin istering section 32. 5 (4) Subsections (2) and (3) do not li m it the operation of section 12 of the Interpretation Act 1984. ". 165. Section 32 amended 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 "generall y in regard to any other matters" and inserting instead -- " generall y, ". Energy Coordination Act 1994 Divisio n 2 -- 15 166. The Act amended The amendments in this Divis ion are to the Energy Coordination Act 1994*. [* Reprint 2 as at 10 September 2004. For subsequent amendments see Western Australian 20 Legislation Information Tables for 2004, Table 1, p. 142.] 167. Section 3 amended (1) Section 3 is amended as follows: (a) by inserting before "In" the subsection designation "(1)"; 25 page 84

Machinery of Government (Miscellaneous Amendments) Bill 2005 Energy Part 6 Energy Coordination Act 1994 Division 2 s. 167 (b) by inserting the following defin ition in the appropriate alphabetical position -- " "Minister" has a meaning that is modif ied by subsections (2) and (3); 5 ". (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 -- 10 (a) i f, for the time being, different Ministers admin ister 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 15 (b) i f paragraph (a) does not apply -- the Min ister admin istering the provision. (3) A reference in a regulation made under section 26 to the Minister is a reference to -- (a) i f, for the time being, different Ministers 20 admin ister 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 appl ied; or (b) i f paragraph (a) does not apply -- the Min ister 25 admin istering section 26. (4) Subsections (2) and (3) do not li m it the operation of section 12 of the Interpretation Act 1984. ". page 85

Machinery of Government (Miscellaneous Amendments) Bill 2005 Energy Part 6 Energy Coordination Act 1994 Division 2 s. 168 168. Part 1A inserted After section 3 the following Part is inserted -- " Part 1A -- Coordinator of Energy 4. Coordinator of Energy 5 A Coordinator of Energy is to be appointed under 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 10 coordinating the provision of energy in the State; (b) to perform the functions vested in the Coordinator by or under this Act or any other written law; 15 (c) to advise the Minister on all aspects of energy policy, including -- (i) the energy needs of the State; (ii) ways of using energy and sources of energy, including renewable energy; 20 (iii) the introduction and encouragement of competition in the energy industry; (iv) ways of promoting and achieving open access to transmission and distribution systems; 25 (v) ways of achieving greater eff iciency in the use of energy; (vi) the use of energy policy to assist in achieving other policy objectives of government; 30 page 86

Machinery of Government (Miscellaneous Amendments) Bill 2005 Energy Part 6 Energy Coordination Act 1994 Division 2 s. 168 (vii) matters relating to the operation of relevant legislation; (d) for the purposes of paragraphs (a), (b) and (c) -- (i) to monitor the operation of the State's 5 energy industry and its participants; and (ii) to consult with interested groups and persons; (e) to promote energy research and development as provided by Schedule 1; 10 (f) to promote the development of commercial applications of renewable energy; (g) to produce and publish in formation and reports on energy-related matters; (h) to maintain a collection of the information and 15 reports referred to in paragraph (g) and the in formation and reports produced by the Solar Institute formerly establ ished by the Solar Energy Research Act 1977; (i) to provide support in the resolution of disputes 20 about energy-related matters. 4B. Staff for the Coordinator Officers may be appointed or made avai lable 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. page 87

Machinery of Government (Miscellaneous Amendments) Bill 2005 Energy Part 6 Energy Coordination Act 1994 Division 2 s. 168 (2) The Coordinator's powers under subsection (1) also extend to delegation of functions to the Director. (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 5 of the delegator. (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 10 Coordinator with respect to the performance of his or her functions, either general l y 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 15 to be -- (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 20 relevant accountable off icer under section 62 of the Financial Administration and Audit Act 1985. 4E. Minister to have access to information from Coordinator 25 (1) The Minister is entitled -- (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 30 document. page 88

Machinery of Government (Miscellaneous Amendments) Bill 2005 Energy Part 6 Energy Coordination Act 1994 Division 2 s. 169 (2) For the purposes of subsection (1) the Minister may -- (a) request the Coordinator to furnish in formation to the Minister; (b) request the Coordinator to give the Minister access to information; and 5 (c) for the purposes of paragraph (b) make use of the staff referred to in section 4B to obtain the in formation and furnish it to the Minister. (3) The Coordinator is to comply with a request under subsection (2) and make staff and faci lities avai lable to 10 the Minister for the purposes of paragraph (c) of that subsection. (4) In this section -- "document" includes any tape, disk or other device or medium on which information is recorded or 15 stored mechanical l y, photographical l y, electronical l y or otherwise; "information" means information specif ied, or of a description speci f ied, by the Minister that relates to the functions of the Coordinator. 20 ". 169. Heading to Part 2 amended The heading to Part 2 is amended by deleting "Coordinator of Energy, and". 170. Sections 4 and 6 repealed 25 Sections 4 and 6 are repealed. 171. Section 8 amended Section 8 is amended by deleting "the Coordinator and". page 89

Machinery of Government (Miscellaneous Amendments) Bill 2005 Energy Part 6 Energy Coordination Act 1994 Division 2 s. 172 172. Section 9 amended (1) Section 9(1) is amended by deleting "Each of the Coordinator and the Director" and inserting instead -- " The Director ". (2) Section 9(2) is repealed. 5 173. Section 10 amended Section 10(1) is amended by deleting "the Coordinator or". 174. Section 11 amended (1) Section 11(1) and (2)(a) and (b) are amended by deleting "the Coordinator or". 10 (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 defin ition of "in formation" by deleting "the Coordinator or". 15 175. Section 11ZK amended Section 11ZK(2) is amended by deleting "responsible for the admin istration of this Act". 176. Section 12 amended Section 12(1) is repealed. 20 177. 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 ". page 90

Machinery of Government (Miscellaneous Amendments) Bill 2005 Energy Part 6 Energy Coordination Act 1994 Division 2 s. 178 178. 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 5 Director, as the case may be," and inserting instead -- " The Director ". 179. Heading to Part 4 replaced and heading to Division 1 inserted The heading to Part 4 is deleted and the following headings are 10 inserted instead -- " Part 4 -- Information Divisio n 1 -- O btai ni ng i n f or m ati o n -- C o o rdi nat o r ". 15 180. Heading to Division 2 inserted After section 23 the following heading is inserted -- " D i v i s i o n 2 -- C o n fi d e n t i a l i t y -- C o o r d i n a t o r an d Direct or 20 ". 181. Various re fe r ences 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 25 occurs and inserting instead -- " Minister ". page 91

Machinery of Government (Miscellaneous Amendments) Bill 2005 Energy Part 6 Energy Coordination Act 1994 Division 2 s. 181 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 Schedule 3 clause 4 will be altered by deleting "Coordinator" and inserting instead "Minister". page 92

Machinery of Government (Miscellaneous Amendments) Bill 2005 Environment Part 7 Conservation and Land Management Act 1984 Division 1 s. 182 Part 7 -- Environment Conservation and Land Management Act 1984 Divisio n 1 -- 182. The Act amended The amendments in this Divis ion are to the Conservation and Land Management Act 1984*. 5 [* Reprint 5 as at 24 September 2004. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 77.] 183. Section 3 amended Section 3 is amended as follows: 10 (a) by inserting the following defin itions in the appropriate alphabetical positions -- " "CEO" means the chief executive officer of the Department; 15 "Department" means the department of the Publi c Service principal l y assisting in the admin istration of this Act; "Executive Body" means the Conservation and Land Management Executive Body establ ished by 20 section 36; "Land Administration Minister" means the Mini ster to whom the admin istration of the Land Administration Act 1997 is comm itted; "; 25 (b) by deleting the defin itions of "Department", "Director of Forests", "Director of National Parks", "Director of Nature Conservation" and "Executive Director". page 93

Machinery of Government (Miscellaneous Amendments) Bill 2005 Environment Part 7 Conservation and Land Management Act 1984 Division 1 s. 184 184. Section 15 amended Section 15(1) is amended by deleting "Minister adm in istering the Land Administration Act 1997" and inserting instead -- " Land Admin istration Min ister ". 185. Section 16A amended 5 Section 16A(1) is amended by deleting "Min ister to whom the admin istration of that Act is comm itted" and inserting instead -- " Land Admin istration Min ister ". 186. Section 17 amended 10 Section 17(5) is amended by deleting "Minister adm in istering the Land Administration Act 1997" and inserting instead -- " Land Admin istration Min ister ". 187. Section 17A amended Section 17A(2) is amended by inserting after "Department" -- 15 " (as defined in section 3 of this Act) ". 188. 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 Comm ission or an officer of the Department; ". page 94

Machinery of Government (Miscellaneous Amendments) Bill 2005 Environment Part 7 Conservation and Land Management Act 1984 Division 1 s. 189 189. Section 23 amended (1) Section 23(3) is amended by deleting "Executive Director's" and inserting instead -- " CEO's ". (2) Section 23(5) is amended by inserting after "actions of " -- 5 " the CEO or ". (3) Section 23(6) is repealed and the following subsection is inserted instead -- " (6) In this section -- 10 "Director" means a senior executive off icer (withi n the meaning of the Public Sector Management Act 1994) designated by the CEO to be a Director for the purposes of this section. ". 15 190. Section 26D amended Section 26D(5)(a) is amended by deleting "Executive Director's" and inserting instead -- " CEO's ". 191. Headings to Part IV and Division 1 replaced 20 The headings to Part IV and Division 1 are deleted and the following headings are inserted instead -- " Part IV -- Administration Divisio n 1 -- F u ncti o ns a n d p o wers 25 ". 192. Section 32 repealed Section 32 is repealed. page 95

Machinery of Government (Miscellaneous Amendments) Bill 2005 Environment Part 7 Conservation and Land Management Act 1984 Division 1 s. 193 193. Section 33 amended (1) Section 33(1) is amended as follows: (a) in paragraph (ba) by inserting after "faci l ities" -- " of the Department "; (b) in paragraph (bb) by deleting "Department's" and 5 inserting instead -- " CEO's "; (c) in paragraph (d) by deleting ", and in particular to be the instrument by which the admin istration of the Wildlife Conservation Act 1950 is carried out by the Executive 10 Director pursuant to section 7 of that Act"; (d) in paragraph (g) by deleting "Min ister to whom the admin istration of the Land Administration Act 1997 is comm itted" and inserting instead -- " Land Admin istration Min ister ". 15 (2) Section 33(2) is amended by deleting "Minister referred to in subsection (1)(g)" and inserting instead -- " Land Admin istration Min ister ". 194. Section 34 repealed Section 34 is repealed. 20 195. 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 -- " The powers of the CEO include power ". 25 page 96

Machinery of Government (Miscellaneous Amendments) Bill 2005 Environment Part 7 Conservation and Land Management Act 1984 Division 1 s. 196 196. 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 -- " The powers of the CEO include power ". 5 197. Part IV Division 2 replaced Part IV Division 2 is repealed and the following Division is inserted instead -- " Divisio n 2 -- T he Co n servati o n a n d La n d Manag e m e nt 10 Exec uti ve Bo d y 36. The Conservation and Land Management Executive Body (1) The Conservation and Land Management Executive Body is establ ished. 15 (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. (4) The Executive Body is to be governed by the CEO. 20 (5) The Executive Body is an agent of the State and has the status, im munities and privileges of the State. 37. Purpose and nature of the Executive Body The Executive Body is establ ished to provide a body corporate through which the CEO can perform any of 25 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 97

Machinery of Government (Miscellaneous Amendments) Bill 2005 Environment Part 7 Conservation and Land Management Act 1984 Division 1 s. 197 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 -- (a) the common seal of the Executive Body is 5 affixed to it in accordance with subsections (3) and (4); (b) it is signed on behal f of the Executive Body by the CEO; or (c) it is signed on behal f of the Executive Body, as 10 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 Executive Body. 15 (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. (5) The Executive Body may, by writing under its com mon 20 seal, authorise an officer of the Department to sign documents on behalf of the Executive Body, either general l y or subject to any conditions or restrictions specif ied in the authorisation. (6) A document purporting to be executed in accordance 25 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 Executive Body is not to be regarded as a deed unless it 30 is executed as a deed as authorised under subsection (5). page 98

Machinery of Government (Miscellaneous Amendments) Bill 2005 Environment Part 7 Conservation and Land Management Act 1984 Division 1 s. 198 (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. (9) For the purposes of this Act, a facsi m i le of -- 5 (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, may be used, and a deed or other document purporting 10 to be endorsed with such a facsim i le is, until the contrary is shown, to be regarded as bearing the facsi m i le under this subsection. ". 198. Section 42 repealed 15 Section 42 is repealed. 199. Section 49 amended Section 49(c) is amended by deleting "Executive Director referred to in" and inserting instead -- " CEO as defined in section 4(1) of ". 20 200. 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 place where it occurs -- 25 " , on behal f of or as representative of the CEO, "; (c) by deleting "on behal f of or as representative of the Department". page 99

Machinery of Government (Miscellaneous Amendments) Bill 2005 Environment Part 7 Conservation and Land Management Act 1984 Division 1 s. 201 201. Section 64 amended Section 64(1)(ga) is amended by deleting "the Department or the Executive Director, as the case requires," and inserting instead -- " the CEO ". 5 202. Section 65 amended Section 65(a) is amended by deleting "at the Treasury". 203. Section 71 amended Section 71(1) is amended by deleting "section 34" and inserting instead -- 10 " the powers of the CEO ". 204. Section 72 amended Section 72(1) is amended by deleting "by the Department of its functions" and inserting instead -- " of the CEO's functions ". 15 205. Section 75 amended Section 75 is amended by deleting "of Conservation and Land Management". 206. Section 133 amended After section 133(2) the following subsection is in serted -- 20 " (3) Without li m iting 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 Executive Body under section 36(4). 25 ". page 100

Machinery of Government (Miscellaneous Amendments) Bill 2005 Environment Part 7 Conservation and Land Management Act 1984 Division 1 s. 207 207. Section 142 amended Section 142(2) is amended by deleting "Minister to whom the admin istration of the Land Administration Act 1997 is for the time being comm itted" and inserting instead -- " Land Admin istration Min ister ". 5 208. Various references to Department changed to CEO Each provision l isted in the Table to this section is amended by deleting "Department" in each place where it occurs and inserting instead -- " CEO ". 10 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) 209. Various references to Executive Director changed to CEO Each provision l isted in the Table to this section is amended by deleting "Executive Director" in each place where it occurs and inserting instead -- 15 " 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 101

Machinery of Government (Miscellaneous Amendments) Bill 2005 Environment Part 7 Conservation and Land Management Act 1984 Division 1 s. 209 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. 142(2) s. 87A(1) s. 150(a), (b), (c) and (d) page 102

Machinery of Government (Miscellaneous Amendments) Bill 2005 Environment Part 7 Environmental Protection Act 1986 Division 2 s. 210 s. 88(1) and (1a) s. 151(a)(i) and (b)(i) s. 89(2)(a) and (c) 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 The heading to section 35 will be altered by deleting "Department" and 5 inserting instead " ". The CEO Environmental Protection Act 1986 Divisio n 2 -- 210. The Act amended The amendment in this Division is to the Environmental Protection Act 1986*. 10 [* Reprinted as at 11 January 2002. For subsequent amendments Western Australian Legislation Information Tables for 2004, Table 1, p. 146.] 211. Section 110H amended Section 110H(1) is amended by deleting "at the Treasury,". 15 Litter Act 1979 Divisio n 3 -- 212. The Act amended The amendments in this Divis ion are to the Litter Act 1979*. [* Reprinted as at 4 January 1999. For subsequent amendments see Western Australian 20 Legislation Information Tables for 2004, Table 1, p. 256 and Act No. 49 of 2004.] page 103

Machinery of Government (Miscellaneous Amendments) Bill 2005 Environment Part 7 Litter Act 1979 Division 3 s. 213 213. Section 9 amended Section 9(1)(h) and (i) are deleted and the followin g paragraphs are inserted instead -- " (h) one shal l be appointed on the nomination of the 5 Departmental CEO as defined in section 1.4 of the Local Government Act 1995; (i) one shal l be appointed on the nomination of the CEO as defined in section 3 of the Conservation and Land Management Act 1984; 10 ". 214. 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 ". 15 215. Section 26 amended Section 26(2)(c)(i) to (iv) are deleted and the following subparagraphs are inserted instead -- " (i) an inspector, under the Environmental 20 Protection Act 1986; (ii) a conservation and land management officer, forest officer, wildli fe off icer or ranger, under the Conservation and Land Management Act 1984; 25 ". page 104

Machinery of Government (Miscellaneous Amendments) Bill 2005 Environment Part 7 Litter Act 1979 Division 3 s. 216 216. 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 -- " 5 Inspectors under the The CEO as defined in section 3 of the Environmental Protection Act 1986 Environmental Protection Act 1986 "; (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 -- " 10 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 "; (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 "; 15 (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 -- " 20 chief executive officer as defined in section 3(1) of the Western Australian Marine Act 1982 ". page 105

Machinery of Government (Miscellaneous Amendments) Bill 2005 Environment Part 7 Sandalwood Act 1929 Division 4 s. 217 Sandalwood Act 1929 Divisio n 4 -- 217. The Act amended The amendments in this Divis ion are to the Sandalwood Act 1929*. [* Reprinted as at 4 January 2002. 5 For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 405.] 218. Section 3 amended Section 3(1)(b) is amended by deleting "Executive Director" and inserting instead -- 10 " CEO ". Wildlife Conservation Act 1950 Divisio n 5 -- 219. The Act amended The amendments in this Divis ion are to the Wildlife Conservation Act 1950*. 15 [* Reprint 6 as at 3 September 2004. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 503.] 220. Section 6 amended Section 6(1) is amended as follows: 20 (a) by inserting the following defin ition in the appropriate alphabetical position -- " "CEO" has the meaning given by section 3 of the Conservation and Land Management Act 1984; 25 "; (b) by deleting the defin ition of "Executive Director". page 106

Machinery of Government (Miscellaneous Amendments) Bill 2005 Environment Part 7 Zoological Parks Authority Act 2001 Division 6 s. 221 221. Various references to Executive Director changed to CEO Each provision l isted in the Table to this section is amended by deleting "Executive Director" in each place where it occurs and inserting instead -- " CEO ". 5 Table s. 7 s. 23C(3)(a) and (4) s. 15(3)(a) s. 26(3) s. 23(2) s. 27B Zoological Parks Authority Act 2001 Divisio n 6 -- 222. The Act amended The amendments in this Divis ion are to the Zoological Parks Authority Act 2001*. 10 [* Act No. 24 of 2001. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 512 and Act No. 84 of 2004.] 223. Section 33 amended 15 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 20 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 25 other financial institution. ". page 107

Machinery of Government (Miscellaneous Amendments) Bill 2005 Environment Part 7 Transitional provisions Division 7 s. 224 Divisio n 7 -- Transiti o nal pr ovisi o n s 224. Conservation and Land Management Act 1984 (1) A thing done or omitted to be done before commencement by, to or in relation to the Executive Director (other than as the body corporate referred to in section 38 of the Conservation and 5 Land Management Act 1984 as in force before com mencement) under, or for the purposes of, an enactment has the same effect after commencement, to the extent that it has any force or signi f icance after commencement, as if it had been done or omitted by, to or in relation to the CEO under, or for the 10 purposes of, that enactment. (2) The Conservation and Land Management Executive Body established by section 36 of the Conservation and Land Management Act 1984 (as in force after commencement) is a continuation of, and the same legal person as, the body 15 corporate referred to in section 38 of that Act (as in force before commencement). (3) Land placed under the management of the Department under section 33(2) of the Conservation and Land Management Act 1984 before commencement is to be taken to have been 20 placed, on commencement, under the management of the CEO under that Act. (4) The Registrar of Titles or the 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 25 necessary because of subsection (3). (5) A reference in a written law or any other instrument to land 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. 30 (6) A reference in a written law or any other instrument to the Director of Nature Conservation, the Director of Forests or the page 108

Machinery of Government (Miscellaneous Amendments) Bill 2005 Environment Part 7 Transitional provisions Division 7 s. 224 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 5 commencement; "commencement" means the time at which section 183 comes into operation; "Executive Director" means the Executive Director referred to in section 36 of the Conservation and Land Management 10 Act 1984 as in force before commencement, and, unless the contrary intention appears, other words and expressions in this section have the same respective meanings as they have in the Conservation and Land Management Act 1984. page 109

Machinery of Government (Miscellaneous Amendments) Bill 2005 Fisheries Part 8 Fisheries Adjustment Schemes Act 1987 Division 1 s. 225 Part 8 -- Fisheries Fisheries Adjustment Schemes Act 1987 Divisio n 1 -- 225. The Act amended The amendments in this Divis ion are to the Fisheries Adjustment Schemes Act 1987*. 5 [* Reprinted as at 3 May 2002. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 175.] 226. Section 5 amended Section 5(1) is amended by deleting "and kept at the Treasury". 10 227. Section 10 amended Section 10 is amended by deleting "Fisheries". 228. Various references to Executive Director changed to CEO Each provision l isted in the Table to this section is amended by deleting "Executive Director" in each place where it occurs and 15 inserting instead -- " CEO ". Tab le s. 8(3a) s. 14C(a) s. 10C(7) s. 15(1) and (2) page 110

Machinery of Government (Miscellaneous Amendments) Bill 2005 Fisheries Part 8 Fishing and Related Industries Compensation (Marine Division 2 Reserves) Act 1997 s. 229 Fishing and Related Industries Compensation Divisio n 2 -- (Marine Reserves) Act 1997 229. The Act amended The amendments in this Divis ion are to the Fishing and Related Industries Compensation (Marine Reserves) Act 1997*. 5 [* Reprint 1 as at 6 August 2004. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 175.] 230. Section 5 amended (1) Section 5(5), (6), (7), (8) and (9) are amended by deleting 10 "Executive Director" and inserting instead -- " CEO ". (2) Section 5(5) and (6) are amended by deleting "Executive Director's" and inserting instead -- " CEO's ". 15 Fish Resources Management Act 1994 Divisio n 3 -- 231. The Act amended The amendments in this Divis ion are to the Fish Resources Management Act 1994*. [* Reprint 2 as at 11 March 2005. 20 For subsequent amendments see Acts Nos. 12 of 2003 and 59 of 2004.] page 111

Machinery of Government (Miscellaneous Amendments) Bill 2005 Fisheries Part 8 Fish Resources Management Act 1994 Division 3 s. 232 232. Section 4 amended Section 4(1) is amended as follows: (a) by inserting the following defin ition in the appropriate alphabetical position -- " 5 "CEO" means the chief executive officer of the Department; "; (b) by deleting the defin ition of "Executive Director". 233. Section 10 repealed 10 Section 10 is repealed. 234. Section 238 amended Section 238(2) is amended by deleting "to be kept at the Treasury". 235. Sections 239, 241 and 242 amended 15 Sections 239(1), 241(1) and 242(1) are amended by deleting "and kept at the Treasury". 236. Various references to Executive Director changed to CEO (1) Each provision l isted in the Table to this subsection is amended by deleting "Executive Director" in each place where it occurs 20 and inserting instead -- " CEO ". Tab le s. 7(1), (3), (4)(a) and (b), (5) s. 140(1), (2), (3), (4) and (5) and (6) s. 141(1) s. 13(1) and (2) s. 142(1), (2), (3), (4), (5) and s. 29(2)(a) (6) s. 33(2)(a) s. 143(1) and (2) s. 37(2)(a) s. 144(1), (2) and (3) page 112

Machinery of Government (Miscellaneous Amendments) Bill 2005 Fisheries Part 8 Fish Resources Management Act 1994 Division 3 s. 236 s. 58(2)(c), (h), (j) and ( k) s. 145(1) s. 61(1)(c) s. 147(1) s. 62(s) s. 148(1) s. 66(1) s. 149(2) s. 68 s. 150(b) s. 69(1)(b), (2) and (3) s. 151(1) and (3) s. 71(2) s. 177(1), (2) and (4) s. 72(2) s. 179(1), (3), (6) and (7) s. 76(4)(a) and (b) s. 196(1) and (2) s. 79(1) s. 197(3) and (4) s. 80(1) s. 201(1) and (4) s. 81(1)(b), (2) and (3) s. 217(1), (2) and (3) s. 83(1), (2) and (3) s. 219(1) s. 85 s. 224(1) and (2) s. 87(1), (2)(b), (3) and (4) s. 227(1) s. 92(1) and (3) s. 238(4)(d) s. 94(1) s. 244(1)(b) s. 95(1)(b), (2) and (3) s. 246(1), (4), (5)(b) and (c) s. 107(1) s. 249(1) and (2) s. 111 s. 257(2)(b), (c) and ( e) s. 123(c) s. 258(k) an d (y) s. 130(b) and (d) s. 262 s. 135(1), (2), (3) and (4) Sch. 1 cl. 2 s. 138(1) Sch. 1 cl. 3(1) and (2) s. 139(1) (2) Each provision l isted in the Table to this subsection is amended by deleting "Executive Director's" in each place where it occurs and inserting instead -- " CEO's ". Tab le 5 s. 140(2)(a) s. 224(1)(b) page 113

Machinery of Government (Miscellaneous Amendments) Bill 2005 Fisheries Part 8 Pearling Act 1990 Division 4 s. 237 s. 177(3) s. 246(5)(a) s. 179(5) Note: The headings to sections 13, 147, 148 and 262 will be altered by deleting "Executive Director" and inserting instead "CEO". Pearling Act 1990 Divisio n 4 -- 237. The Act amended The amendments in this Divis ion are to the Pearling Act 1990*. 5 [* Reprinted as at 3 November 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 328.] 238. Section 3 amended Section 3(1) is amended as follows: 10 (a) by inserting the following defin itions in the appropriate alphabetical positions -- " "CEO" means the chief executive officer of the Department; 15 "Department" has the meaning given by section 4(1) of the Fish Resources Management Act 1994; "; (b) by deleting the defin itions of "Executive Director" and "the Department"; 20 (c) in the def in ition of "Fisheries Research and Development Fund" by deleting "establ ished under section 35L of the Fisheries Act 1905" and inserting instead -- " 25 in existence under section 238 of the Fish Resources Management Act 1994 ". page 114

Machinery of Government (Miscellaneous Amendments) Bill 2005 Fisheries Part 8 Pearling Act 1990 Division 4 s. 239 239. 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 -- " 5 a fisheries off icer as defined in section 4(1) of the Fish Resources Management Act 1994 ". 240. Section 62A inserted After section 62 the following section is inserted -- 10 " 62A. Delegation by CEO (1) The CEO may delegate to an employee of the Department any power or duty of the CEO under another provision of this Act. 15 (2) The delegation must be in writing signed by the CEO. (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 li m its the abi lity of the CEO to perform a function through an officer or agent. ". 25 page 115

Machinery of Government (Miscellaneous Amendments) Bill 2005 Fisheries Part 8 Transitional provisions Division 5 s. 241 241. Various references to Executive Director changed to CEO Each provision l isted in the Table to this section is amended by deleting "Executive Director" in each place where it occurs and inserting instead -- " CEO ". 5 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), (4) 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) s. 24(1) and (3) s. 52(1) s. 26(1) and (2)(a)(i i) 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". Divisio n 5 -- Transiti o nal pr ovisi o n s 242. Refe r ences to the Executive Directo r 10 (1) After commencement, a reference in a written law that is, or is to be taken to be, to the Executive Director (as defi ned in the Fish Resources Management Act 1994 as in force before commencement) is to have effect as if it had been amended to be a reference to the CEO (as defined in the Fish Resources 15 Management Act 1994 as in force after commencement). page 116

Machinery of Government (Miscellaneous Amendments) Bill 2005 Part 8 Fisheries Division 5 Transitional provisions s. 242 (2) Subsection (1) does not apply if a contrary intention appears or the context otherwise requires. (3) In this section -- "commencement" means the time at which section 232 comes into operation. 5 page 117

Machinery of Government (Miscellaneous Amendments) Bill 2005 Health Part 9 Dental Prosthetists Act 1985 Division 1 s. 243 Part 9 -- Health Dental Prosthetists Act 1985 Divisio n 1 -- 243. The Act amended The amendments in this Divis ion are to the Dental Prosthetists Act 1985*. 5 [* Reprint 1 as at 2 May 2003. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 122.] 244. Section 3 amended Section 3(1) is amended as follows: 10 (a) by inserting the following defin ition in the appropriate alphabetical position -- " "CEO" has the meaning given by section 3 of the Health Legislation Administration Act 1984; 15 "; (b) by deleting the defin ition of "Comm issioner". 245. Section 5 amended Section 5(2)(b) is deleted and the following paragraph is inserted instead -- 20 " (b) 1 person shal l 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 ". page 118

Machinery of Government (Miscellaneous Amendments) Bill 2005 Health Part 9 Health Act 1911 Division 2 s. 246 246. Sections 19A and 30A amended Sections 19A(1)(b) and 30A are amended by deleting "Comm issioner's" and inserting instead -- " CEO's ". 247. Various references to Commissioner changed to CEO 5 Each provision l isted in the Table to this section is amended by deleting "Comm issioner" in each place where it occurs and inserting instead -- " CEO ". Table 10 s. 5(2)(c)(ii) s. 20(1), (2), (3) and (4) s. 12(1)(d) and (e) s. 22(1) and (2) s. 13(1), (2)(b) and (5) s. 23(1) s. 14(1), (2) and (3)(b) s. 24(b) and (c) s. 15(1) and (2) s. 26 s. 17 s. 27(1), (3) and (6) s. 18(1) s. 28(1)(b) and (2) s. 19A(1) and (2) s. 29(1), (2) and (3) s. 19B(1) and (2) s. 30(1) s. 19D(1) and (2)(b) s. 30A Health Act 1911 Divisio n 2 -- 248. The Act amended The amendments in this Divis ion are to the Health Act 1911*. [* Reprinted as at 31 March 2000. For subsequent amendments see Western Australian 15 Legislation Information Tables for 2004, Table 1, p. 200-1.] page 119

Machinery of Government (Miscellaneous Amendments) Bill 2005 Health Part 9 Health Act 1911 Division 2 s. 249 249. Section 3 amended Section 3(1) is amended as follows: (a) by inserting the following defin ition 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 defin ition of "Comm issioner". 250. Heading to Part II Division 1 amended 10 The heading to Part II Division 1 is amended by deleting "Comm issioner" and inserting instead -- CEO " ". 251. Various references to Commissioner changed to CEO Each provision l isted in the Table to this section is amended by 15 deleting "Comm issioner" in each place where it occurs and inserting instead -- " CEO ". 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) page 120

Machinery of Government (Miscellaneous Amendments) Bill 2005 Health Part 9 Health Legislation Administration Act 1984 Division 3 s. 252 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". Health Legislation Administratio n Act 1984 Divisio n 3 -- 252. The Act amended The amendments in this Divis ion are to the Health Legislation 5 Administration Act 1984*. [* Reprinted as at 11 January 2002.] 253. Section 3 amended Section 3 is amended as follows: (a) by inserting the following defin ition in the appropriate 10 alphabetical position -- " "CEO" means the chief executive officer of the Department; "; 15 (b) in the def in ition of "prescribed officer" by deleting "6(1)(a), (b)" and inserting instead -- " 6(1)(b) ". 254. Section 6 amended Section 6(1)(a) is deleted. 20 255. Section 9 amended Section 9(1) is amended by inserting after "the Mi nister" -- " , the CEO ". page 121

Machinery of Government (Miscellaneous Amendments) Bill 2005 Health Part 9 Health Services (Conciliation and Review) Act 1995 Division 4 s. 256 Health Services (Conciliation and Review) Act 1995 Divisio n 4 -- 256. The Act amended The amendments in this Divis ion are to the Health Services (Conciliation and Review) Act 1995*. [* Reprint 2 as at 18 March 2005.] 5 257. Section 3 amended (1) Section 3(1) is amended as follows: (a) by inserting the following defin ition in the appropriate alphabetical position -- " 10 "Health Department" has the meaning given to "Department" by section 3 of the Health Legislation Administration Act 1984; "; (b) in the def in ition of "provider" by deleting paragraph (c) 15 and inserting the following paragraph instead -- " (c) the chief executive officer of the Health Department in respect of any health services provided or rendered by persons carrying out 20 the functions of the Health Department, but not including a health service provided or rendered in a publ ic hospital under the Hospitals and Health Services Act 1927; ". 25 (2) Section 3(3) is amended as follows: (a) in paragraph (b) by deleting "Comm issioner of Health" and inserting instead -- " chief executive off icer of the Health Department "; (b) by deleting "Comm issioner" and inserting instead -- 30 " chief executive off icer ". page 122

Machinery of Government (Miscellaneous Amendments) Bill 2005 Health Part 9 Hospital Fund Act 1930 Division 5 s. 258 258. Section 13 amended Section 13(1) is amended by deleting "at the Treasury". 259. Section 25 amended Section 25(2) is amended by deleting "Comm issioner of Health" and inserting instead -- 5 " chief executive off icer of the Health Department ". Hospital Fund Act 1930 Divisio n 5 -- 260. The Act amended The amendment in this Division is to the Hospital Fund Act 1930*. 10 [* Reprint in Appendix to Session Volume 1937-1938. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 206.] 261. Section 3 amended Section 3(2) is amended by deleting ", to be kept at the 15 Treasury". Hospitals and Health Services Act 1927 Divisio n 6 -- 262. The Act amended The amendments in this Divis ion 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 2004, Table 1, p. 208.] page 123

Machinery of Government (Miscellaneous Amendments) Bill 2005 Health Part 9 Hospitals and Health Services Act 1927 Division 6 s. 263 263. Section 2 amended Section 2(1) is amended as follows: (a) by inserting the following defin ition 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 defin ition of "Comm issioner". 264. Various references to Commissioner changed to CEO 10 Each provision l isted in the Table to this section is amended by deleting "Comm issioner" in each place where it occurs and inserting instead -- " CEO ". Table 15 s. 26B(2), (3) and (4) s. 26J(1) s. 26C s. 26K(1)(c) s. 26D(1), (2), (4), (5)(a) s. 26N(1) and (3) and (b), (6) and (7) s. 26O(2)(a) s. 26DA(2), (3) and (4) s. 26R s. 26F(1) s. 26S(1) and (3) s. 26FA(1) s. 35A s. 26G(1), (3) and (4) s. 37(2f)(d) s. 26H(3) s. 38(1)(c) s. 26I(2) Note: The headings to sections 26G and 26S will be altered by deleting "Commissioner" and inserting instead "CEO". page 124

Machinery of Government (Miscellaneous Amendments) Bill 2005 Part 9 Health Human Reproductive Technology Act 1991 Division 7 s. 265 Human Reproductive Technolog y Act 1991 Divisio n 7 -- 265. The Act amended The amendments in this Divis ion are to the Human Reproductive Technology Act 1991*. [* Reprinted as at 12 July 2002. 5 For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 212-13.] 266. Section 3 amended (1) Section 3(1) is amended in the defin ition of "authorised off icer" as follows: 10 (a) in paragraphs (a) and (d) by deleting "Comm issioner of Health" and inserting instead -- " CEO "; (b) in paragraph (b) by deleting "Comm issioner" and inserting instead -- 15 " CEO ". (2) Section 3(1) is amended as follows: (a) by inserting the following defin ition in the appropriate alphabetical position -- " 20 "CEO" has the meaning given by section 3 of the Health Legislation Administration Act 1984; "; (b) by deleting the defin ition commencing with "Comm issioner of Health" and the defin ition of 25 "Director-General". page 125

Machinery of Government (Miscellaneous Amendments) Bill 2005 Health Part 9 Human Reproductive Technology Act 1991 Division 7 s. 267 267. Section 13 amended Section 13(4) is amended by deleting "department of the Public Service of the State principal l y assisting the Minister in the admin istration of the Health Act 1911" and inserting instead -- " 5 Department as defined in section 3 of the Health Legislation Administration Act 1984 ". 268. Section 37 amended Section 37(1a) is amended by deleting "Commissi on of Health" 10 and inserting instead -- " CEO ". 269. Sections 53ZC and 53ZI amended Sections 53ZC(1)(c) and 53ZI(c) are amended by deleting "Comm issioner as defined in section 3(1) of the Health 15 Act 1911" and inserting instead -- " CEO ". 270. Various references to Commissioner of Health changed to CEO (1) Each provision l isted in the Table to this subsection is amended 20 by deleting "Comm issioner of Health" in each place where it occurs and inserting instead -- " CEO ". Table s. 3(5)(c) s. 37(1) s. 5(1), (2) and (5) s. 38(1), (1a) and (1b) s. 6(4) s. 40(1), (2) and (3) s. 10(2) s. 41(1) and (3) s. 11(1)(c) s. 42(1) and (3) page 126

Machinery of Government (Miscellaneous Amendments) Bill 2005 Health Part 9 Human Reproductive Technology Act 1991 Division 7 s. 270 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. 15(4) s. 46(3)(b) s. 19(2)(b)(ii) s. 47(1) s. 25(c) s. 48 s. 26(2) s. 49(2e)(b), (2f) and (4)(a) s. 27(1) s. 50(1)(a) s. 28A(1) s. 51(5) and (6) s. 29(1), (3), (4), (5), (6), (7) s. 53(4) and (8) s. 53ZQ(4) s. 30(1)(a) and (4)(a) s. 54(3)(a) and (6) s. 31(1) s. 56(1)(a) s. 32(1), (2) and (3) s. 57(1), (4), (5), (7), (8), (9) s. 35(1) and (10) s. 36(1), (2), (2a), (2b), (2c) s. 59(1), (2) and (4) and (3) s. 61(1)(b) s. 36A Sch. cl. 11(1) (2) Each provision l isted in the Table to this subsection is amended by deleting "Comm issioner" in each place where it occurs and inserting instead -- " CEO ". Table 5 s. 5(2), (6), (7), (8) and (9) s. 33(2)(f), (g), (h) and (j) (defn. of "information") s. 37(1), (2) and (3) s. 10(2) s. 38(1), (1a) and (1b) s. 11(1) and (2)(a) s. 40(1) s. 12(2)(b) and (c) s. 41(2) and (3) s. 13(2), (3), (4), (6), (7) and (8) s. 42(1) s. 14(3)(b) s. 44(4) and (5) s. 20(5)(a) s. 51(5) and (6) s. 27(4)(a) s. 57(4) page 127

Machinery of Government (Miscellaneous Amendments) Bill 2005 Health Part 9 Medical Act 1894 Division 8 s. 271 s. 28(1) s. 59(4) s. 29(1)(c), (2) and (3) s. 60(3) and (4)(b) s. 30(1) and (2)(b) Sch. cl. 11(1) and (2) s. 32(1) Note: The heading to section 13 will be altered by deleting "Commissioner of Health" and inserting instead "CEO". Medical Act 1894 Divisio n 8 -- 271. The Act amended The amendments in this Divis ion are to the Medical Act 1894*. 5 [* Reprinted as at 25 February 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 277-8.] 272. Section 4 amended Section 4(1a)(d) is amended by deleting "chief executive off icer 10 of the department principal l y assisting the Min ister charged with the admin istration" and inserting instead -- " Commissioner as defined in section 4(1) ". Mental Health Act 1996 Divisio n 9 -- 273. The Act amended 15 The amendments in this Divis ion are to the Mental Health Act 1996*. [* Reprint 1 as at 6 August 2004. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 279.] 20 page 128

Machinery of Government (Miscellaneous Amendments) Bill 2005 Health Part 9 Nurse s Act 1992 Division 10 s. 274 274. Section 3 amended Section 3 is amended as follows: (a) by inserting the following defin ition 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 defin ition of "Comm issioner". 275. Various references to Commissioner changed to CEO 10 Each provision l isted in the Table to this section is amended by deleting "Comm issioner" in each place where it occurs and inserting instead -- " CEO ". Table 15 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". Nurses Act 1992 Divisio n 10 -- 276. The Act amended The amendments in this Divis ion are to the Nurses Act 1992*. 20 [* Reprint 2 as at 20 February 2004. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 309.] page 129

Machinery of Government (Miscellaneous Amendments) Bill 2005 Health Part 9 Poisons Act 1964 Division 11 s. 277 277. Section 4 amended Section 4 is amended as follows: (a) by inserting the following defin ition in the appropriate alphabetical position -- " 5 "CEO" has the meaning given by section 3 of the Health Legislation Administration Act 1984; "; (b) in the def in ition of "designated area" by deleting "Comm issioner of Health" and inserting instead -- 10 " CEO ". 278. Section 9 amended Section 9(2a) is amended by deleting "Commissioner of Health (within the meaning of the Health Act 1911)" and inserting instead -- 15 " CEO ". Poisons Act 1964 Divisio n 11 -- 279. The Act amended The amendments in this Divis ion are to the Poisons Act 1964*. [* Reprint 6 as at 10 September 2004. 20 For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 347.] page 130

Machinery of Government (Miscellaneous Amendments) Bill 2005 Health Part 9 Poisons Act 1964 Division 11 s. 280 280. Section 5 amended Section 5(1) is amended as follows: (a) by inserting the following defin ition 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 defin ition of "Comm issioner of Health". 281. Section 55E amended 10 (1) Section 55E(1) is amended by deleting "Comm issi oner of Health's" and inserting instead -- " CEO's ". (2) Section 55E(1), (2) and (3) are amended by deleting "Comm issioner" in each place where it occurs and inserting 15 instead -- " CEO ". 282. Various references to Commissioner of Health changed to CEO Each provision l isted in the Table to this section is amended by 20 deleting "Comm issioner 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) s. 25(1) and (2) s. 61A page 131

Machinery of Government (Miscellaneous Amendments) Bill 2005 Health Part 9 Tobacco Control Act 1990 Division 12 s. 283 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) 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". Tobacco Control Act 1990 Divisio n 12 -- 283. The Act amended The amendments in this Divis ion are to the Tobacco Control 5 Act 1990*. [* Reprinted as at 2 November 2001. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 453.] 284. Section 4 amended 10 Section 4 is amended as follows: (a) by inserting the following defin ition in the appropriate alphabetical position -- " "CEO (Health)" has the meaning given to "CEO" by 15 section 3 of the Health Legislation Administration Act 1984; "; (b) by deleting the defin ition of "the Commissioner of Health". 20 page 132

Machinery of Government (Miscellaneous Amendments) Bill 2005 Health Part 9 Transitional provisions Division 13 s. 285 285. Section 17 amended (1) Section 17(1) is amended by deleting paragraph (h) and inserting the following paragraph instead -- " (h) one shal l be the CEO (Health) or the nominee of the 5 CEO (Health); "; (2) Section 17(8)(b) is amended by deleting "Comm issioner of Health" and inserting instead -- " CEO (Health) ". 10 286. Section 19 amended Section 19 is amended by deleting "Publ ic Service Comm issioner" and inserting instead -- " Minister for Public Sector Management ". 287. Section 26 amended 15 Section 26(3) is amended by deleting "at the Treasury". 288. Section 29 amended Section 29 is amended by deleting "Comm issioner of Health" and inserting instead -- " CEO (Health) ". 20 Divisio n 13 -- Transiti o nal pr ovisi o n s 289. Commissioner of Health (1) A thing done or omitted to be done by, to or in relation to, the Comm issioner of Health before commencement under, or for the purposes of, an enactment has the same effect after 25 commencement, to the extent that it has any force or page 133

Machinery of Government (Miscellaneous Amendments) Bill 2005 Health Part 9 Transitional provisions Division 13 s. 289 signi f icance after commencement, as if it had been done or omitted by, to or in relation to, the CEO. (2) In this section -- "CEO" has the meaning given by section 3 of the Health Legislation Administration Act 1984 as in force after 5 commencement; "commencement" means the time at which this Div ision comes into operation; "Commissioner of Health" means the Comm issioner of Health referred to in section 6(1)(a) of the Health Legislation 10 Administration Act 1984 as in force before commencement. page 134

Machinery of Government (Miscellaneous Amendments) Bill 2005 Housing and Works, and Heritage Part 10 Country Housing Act 1998 Division 1 s. 290 Part 10 -- Housing and Works, and Heritage Country Housing Act 1998 Divisio n 1 -- 290. The Act amended The amendments in this Divis ion are to the Country Housing Act 1998*. 5 [* Reprinted as at 13 December 2002. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 99-100 and Act No. 49 of 2004.] 291. Section 9A inserted 10 Before section 10 the following section is inserted -- " 9A. Authority to be an SES organisation The Authority is to be an SES organisation under the Public Sector Management Act 1994. 15 ". 292. Section 11 amended Section 11(3) is amended in paragraphs (b) and (c) by deleting "with the approval of the Minister,". 293. Section 13 amended 20 Section 13(2) is deleted and the following subsections are inserted instead -- " (2) The Minister must cause a copy of a direction under subsection (1) to be laid before each House of 25 Parliament, or dealt with under subsection (3), within 14 days after the direction is given. page 135

Machinery of Government (Miscellaneous Amendments) Bill 2005 Housing and Works, and Heritage Part 10 Government Employees' Housing Act 1964 Division 2 s. 294 (3) If -- (a) at the commencement of the period referred to in subsection (2) a House of Parliament is not sitting; and (b) the Minister is of the opinion that that House 5 wil l not sit during that period, the Minister is to transm it a copy of the direction to the Clerk of that House. (4) A copy of a direction transmitted to the Clerk of a House is to be taken to have been laid before that 10 House. (5) The lay ing of a copy of a direction that is regarded as having occurred under subsection (4) 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 15 received the copy. (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 Adm in istration and Audit Act 1985. 20 ". 294. Section 15 amended Section 15(2) is amended by deleting "at the Treasury". Government Employees' Housin g Act 1964 Divisio n 2 -- 295. The Act amended 25 The amendments in this Divis ion are to the Government Employees' Housing Act 1964*. [* Reprinted as at 8 December 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 189.] 30 page 136

Machinery of Government (Miscellaneous Amendments) Bill 2005 Housing and Works, and Heritage Part 10 Government Employees' Housing Act 1964 Division 2 s. 296 296. Long title amended The long title is amended by deleting "; to provide for the establish ment of the Government Employees' Housing Authority;". 297. Section 4 amended 5 Section 4 is amended as follows: (a) after paragraph (a) by inserting -- " and "; (b) after paragraph (b) by deleting "; and" and inserting a full stop; 10 (c) by deleting paragraph (c). 298. Section 5 amended Section 5 is amended as follows: (a) by deleting the defin ition of "Authority" and inserting instead -- 15 " "Authority" means the Housing Authority referred to in section 6(4) of the Housing Act 1980; "; (b) in the def in ition of "Fund" by deleting "Authority"; 20 (c) by deleting the defin ition of "permanent head". 299. Section 6 repealed Section 6 is repealed. 300. Part II repealed Part II is repealed. 25 page 137

Machinery of Government (Miscellaneous Amendments) Bill 2005 Housing and Works, and Heritage Part 10 Government Employees' Housing Act 1964 Division 2 s. 301 301. Section 18 amended Section 18(1) and (2) are amended by deleting "permanent head" and inserting instead -- " chief executive off icer of a Department ". 302. Section 19 amended 5 Section 19 is amended by inserting after "powers conferred on the Authority by this" -- " or any other ". 303. Section 21 repealed Section 21 is repealed. 10 304. Section 23 amended Section 23(a) is amended by deleting "for the purposes of this Act". 305. Section 24 amended Section 24(1) is amended as follows: 15 (a) by deleting "and kept at the Treasury, forming" and inserting instead -- " , as "; (b) by deleting "Authority" in the first place where it occurs. 20 Note: The heading to section 24 will be altered by deleting "Authority". 306. Section 25 repealed Section 25 is repealed. page 138

Machinery of Government (Miscellaneous Amendments) Bill 2005 Housing and Works, and Heritage Part 10 Heritage of Western Australia Act 1990 Division 3 s. 307 Heritage of Western Australia Act 1990 Divisio n 3 -- 307. The Act amended The amendments in this Divis ion are to the Heritage of Western Australia Act 1990*. [* Reprinted as at 1 June 2001. 5 For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 203.] 308. Section 14 amended (1) Section 14(2)(a) is amended by deleting "for those purposes". (2) Section 14(4) is amended by deleting "at the Treasury". 10 Housing Act 1980 Divisio n 4 -- 309. The Act amended The amendments in this Divis ion are to the Housing Act 1980*. [* Reprinted as at 27 May 1999. For subsequent amendments see Western Australian 15 Legislation Information Tables for 2004, Table 1, p. 209.] 310. Long title amended The long title is amended by deleting "preserve and continue The State Housing Comm ission" and inserting instead -- " 20 provide for the Housing Authority by merging the Government Employees' Housing Authority into The State Housing Commission ". page 139

Machinery of Government (Miscellaneous Amendments) Bill 2005 Housing and Works, and Heritage Part 10 Housing Act 1980 Division 4 s. 311 311. Section 5 amended Section 5(1)(a) is amended as follows: (a) by inserting the following defin itions in the appropriate alphabetical positions -- " 5 "Authority" means the Housing Authority referred to in section 6(4); "officer of the Authority" means -- (a) the chief executive officer of the Authority; (b) an off icer referred to in section 17(b); and 10 (c) an off icer or employee referred to in section 18A(1) whose services the Authority is making use of; "; (b) in the def in ition of "the Fund" by deleting "The State" 15 and inserting instead -- " the "; (c) by deleting the defin itions of "appointed member", "chairman", "member", "off icer of the Comm ission" and "the Commission". 20 312. Heading to Part II amended The heading to Part II is amended by deleting "Com m ission" and inserting instead -- Authority " ". 313. Heading to Part II Division 1 replaced 25 The heading to Part II Division 1 is deleted and the following heading is inserted instead -- " Divisio n 1 -- T he Ho u si ng A ut h ority ". 30 page 140

Machinery of Government (Miscellaneous Amendments) Bill 2005 Housing and Works, and Heritage Part 10 Housing Act 1980 Division 4 s. 314 314. 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 -- " 5 (2) At the merger time the former body merges into The State Housing Commission. (3) The State Housing Comm ission, as renamed by subsection (4), is a continuation of the former body. (4) Immediately after the merger time The State Housing 10 Comm ission is renamed as the Housing Authority. (5) In this section -- "former body" means the Government Employees' Housing Authority established by section 8 of the Government Employees' Housing Act 1964 as in 15 force before the merger time; "merger time" means the time at which section 314 of the Machinery of Government (Miscellaneous Amendments) Act 2005 comes into operation. ". 20 315. Section 7 amended Section 7(2) is amended by inserting before "af f ix ed" in the first place where it occurs -- " or the former body (within the meaning of section 6) ". page 141

Machinery of Government (Miscellaneous Amendments) Bill 2005 Housing and Works, and Heritage Part 10 Housing Act 1980 Division 4 s. 316 316. Sections 8 to 10 replaced Sections 8, 9 and 10 are repealed and the followin g sections are inserted instead -- " 8. Authority to be an SES organisation 5 The Authority is to be an SES organisation under the Public Sector Management Act 1994. 9. Management (1) The Authority is to be governed by its chief executive officer. 10 (2) The chief executive off icer, in the name of the Authority, is to perform the functions of the Authority under this Act or any other written law. ". 317. Heading to Part II Division 2 amended 15 The heading to Part II Division 2 is amended by deleting "Comm ission" and inserting instead -- Aut h ority " ". 318. Section 11 amended (1) Section 11(1) is amended by inserting after "Act" -- 20 " and the Government Employees' Housing Act 1964 ". (2) Section 11(2) and (3) are repealed. page 142

Machinery of Government (Miscellaneous Amendments) Bill 2005 Housing and Works, and Heritage Part 10 Housing Act 1980 Division 4 s. 319 319. Sections 11A and 11B inserted After section 11 the following sections are inserted -- " 11A. Minister may give directions (1) The Minister may give written directions to the 5 Authority with respect to the performance of its functions under this or any other Act, either general l y or in relation to a particular matter, and the Authority is to give effect to any such direction. (2) The Minister must cause a copy of a direction under 10 subsection (1) to be laid before each House of Parliament, or dealt with under subsection (3), within 14 days after the direction is given. (3) If -- (a) at the commencement of the period referred to 15 in subsection (2) a House of Parliament is not sitting; and (b) the Minister is of the opinion that that House wil l not sit during that period, the Minister is to transm it a copy of the direction to the 20 Clerk of that House. (4) A copy of a direction transmitted to the Clerk of a House is to be taken to have been laid before that House. (5) The lay ing of a copy of a direction that is regarded as 25 having occurred under subsection (4) 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. (6) The text of a direction under subsection (1) is to be 30 included in the annual report submitted by the page 143

Machinery of Government (Miscellaneous Amendments) Bill 2005 Housing and Works, and Heritage Part 10 Housing Act 1980 Division 4 s. 319 accountable authority of the Authority under section 66 of the Financial Administration and Audit Act 1985. 11B. Minister to have access to information (1) The Minister is entitled -- (a) to have information in the possession of the 5 Authority; and (b) i f the information is in or on a document, to have, and make and retain copies of, that document. (2) For the purposes of subsection (1) the Minister may -- 10 (a) request the Authority to furnish information to the Minister; (b) request the Authority to give the Minister access to information; (c) for the purposes of paragraph (b) make use of 15 the staff of the Authority to obtain the in formation and furnish it to the Minister. (3) The Authority has to compl y with a request under subsection (2) and make staff and faci lities avai lable to the Minister for obtaining information under 20 subsection (2)(c). (4) In this section -- "document" includes any tape, disk or other device or medium on which information is recorded or stored mechanical l y, photographical l y, 25 electronical l y or otherwise; "information" means information specif ied, or of a description speci f ied, by the Minister that relates to the functions of the Authority under this or any other Act. 30 ". page 144

Machinery of Government (Miscellaneous Amendments) Bill 2005 Housing and Works, and Heritage Part 10 Housing Act 1980 Division 4 s. 320 320. Section 12 amended Section 12 is amended by inserting after "for the purposes of this Act" -- " and the Government Employees' Housing Act 1964 ". 321. Section 12A amended 5 (1) Section 12A(1) is amended by inserting after "the objects of this Act" -- " or the Government Employees' Housing Act 1964 ". (2) Section 12A(4) is amended by inserting after "exercise under this Act" -- 10 " or the Government Employees' Housing Act 1964 ". 322. Section 13 amended Section 13(1) is amended as follows: (a) by inserting after "under this Act" -- " or the Government Employees' Housing Act 1964 ". 15 (b) by deleting "a member or". 323. Section 16 amended Section 16(1) is amended by inserting after "this Act" -- " or the Government Employees' Housing Act 1964 ". 324. Heading to Part II Division 3 amended 20 The heading to Part II Division 3 is amended by deleting "Comm ission" and inserting instead -- Aut h ority " ". page 145

Machinery of Government (Miscellaneous Amendments) Bill 2005 Housing and Works, and Heritage Part 10 Housing Act 1980 Division 4 s. 325 325. Section 17 amended (1) Section 17 is amended as follows: (a) by inserting before "To enable" the subsection designation "(1)"; (b) in paragraph (a) by deleting "general manager" and 5 inserting instead -- " chief executive off icer "; (c) in paragraph (b) by deleting ", employed or engaged,"; (d) in paragraph (b) by deleting ", employees and other persons". 10 (2) At the end of section 17 the following subsections are inserted -- " (2) The chief executive off icer of the Authority cannot be excluded from the Senior Executive Service under 15 section 43(3) of the Public Sector Management Act 1994. (3) The chief executive off icer is responsib le for, and has the necessary powers to administer, the day to day operations of the Authority. 20 ". 326. Section 18A inserted After section 18 the following section is inserted in Part II -- " 18A. Use of other staff and facilities 25 (1) The Authority may by arrangement with the relevant employ ing authority make use, either full-time or part-time, of the services of any officer or employee -- (a) in the Publ ic Service; (b) in a State agency or instrumentality; or 30 (c) otherwise in the service of the State. page 146

Machinery of Government (Miscellaneous Amendments) Bill 2005 Housing and Works, and Heritage Part 10 Housing Act 1980 Division 4 s. 327 (2) The Authority may by arrangement with -- (a) a department of the Public Service; or (b) a State agency or instrumentality, make use of any faci lities of the department, agency or instrumentality. 5 (3) An arrangement under subsection (1) or (2) is to be 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 10 meanings as they have in that Act. ". 327. Section 22 amended Section 22(3) is amended by deleting "this Act" and inserting instead -- 15 " this or any other Act ". 328. Heading to Part IV amended The heading to Part IV is amended by deleting "Comm ission" and inserting instead -- Authority " ". 20 329. Section 50 amended Section 50(3) is amended as follows: (a) by inserting after "this Act" in the first place where it occurs -- " or the Government Employees' Housing Act 1964 ". 25 (b) by deleting "this Act" in the second place where it occurs and inserting instead -- " those Acts ". page 147

Machinery of Government (Miscellaneous Amendments) Bill 2005 Housing and Works, and Heritage Part 10 Housing Act 1980 Division 4 s. 330 330. 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 State" and inserting instead -- 5 " the ". 331. 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 performance of a function under this Act. 15 (2) The protection given by subsection (1) applies even though the thing done as described in that subsection may have been capable of being done whether or not this Act had been enacted. (3) Despite subsection (1), neither the Authority nor the 20 Crown is relieved of any l iabil ity that it might have for another person having done anything as described in that subsection. (4) In this section, a reference to the doing of anything includes a reference to an omission to do anything. 25 ". 332. References to Commission changed to Authority Each provision that contains a reference to the Com m ission (other than Part IX and provisions deleted or repealed by this page 148

Machinery of Government (Miscellaneous Amendments) Bill 2005 Housing and Works, and Heritage Part 10 Public Works Act 1902 Division 5 s. 333 Division) is amended by deleting "Commission" i n each place where it occurs and inserting instead -- " Authority ". Note: The heading to section 6 will be altered to read "The Housing Authority". 5 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". The heading to section 44 will be altered by deleting "Commission's" 10 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". Public Works Act 1902 Divisio n 5 -- 333. The Act amended 15 The amendments in this Divis ion are to the Public Works Act 1902*. [* Reprinted as at 1 June 2001. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 372.] 20 334. Section 2 amended Section 2 is amended in the defin ition of "Public work" by inserting after paragraph (9) the following paragraph -- " (9a) Publ ic housing. 25 ". 335. Section 9E amended Section 9E(2)(a) is amended by deleting "for the purposes of this Part". page 149

Machinery of Government (Miscellaneous Amendments) Bill 2005 Housing and Works, and Heritage Part 10 Transitional matters Division 6 s. 336 Divisio n 6 -- Transiti o nal m atters 336. Financial reporting (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 5 subm ission of a final report in respect of the former body as if -- (a) at commencement, it were abolished; (b) references in that section to a department were references to the former body; and 10 (c) references in that section to provisions of sections 62 to 65 of the Financial Administration and Audit Act 1985 were references to the equivalent provisions of sections 66 to 70 of that Act, except that -- 15 (d) the period to which the final report is to relate is the f inal period; and (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. 20 (2) If at commencement, any duty i mposed by Part II Division 14 of the Financial Administration and Audit Act 1985 on the accountable authority of the former body has not been compl ied with in relation to the former body for any f inancial year that expired before commencement, that duty subsists and is to be 25 performed by the reporting off icer as if the reporting off icer were the accountable authority. (3) The time within which the reporting off icer 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 off icer is 30 appointed, but this subsection does not prevent the time from being extended again under section 70 of the Financial Administration and Audit Act 1985. page 150

Machinery of Government (Miscellaneous Amendments) Bill 2005 Housing and Works, and Heritage Part 10 Transitional matters Division 6 s. 337 (4) The Housing Authority is to give the reporting offi cer access to all records necessary for the purposes of this section. (5) In this section -- "final period" means the period starting at the beginn ing of the 1 July i m mediately before commencement and ending 5 i m mediately before commencement; "reporting officer" means the person appointed under section 65A(2) of the Financial Administration and Audit Act 1985 as applied because of subsection (1). 337. References to former bodies 10 After commencement, a reference to the 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 the context otherwise requires. 338. Government Employees' Housing Act 1964 15 (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 Government Employees' Housing Authority Fund referred to in that section as in force before commencement. 20 (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 Government Employees' Housing Act 1964 as in force after 25 commencement unless the contrary intention appears or the context otherwise requires. page 151

Machinery of Government (Miscellaneous Amendments) Bill 2005 Housing and Works, and Heritage Part 10 Transitional matters Division 6 s. 339 339. Housing Act 1980 (1) After commencement, a reference to The State Housing Comm ission 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. 5 (2) The office of chief executive off icer of the Housing Authority is a continuation of the office of general manager of The State Housing Comm ission 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 10 Housing Act 1980 as in force after commencement is a continuation of The State Housing Comm ission Fund referred to in that subsection as in force before commencement. (4) After commencement, a reference to The State Housing Comm ission Fund in an instrument or other document is to be 15 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 commencement unless the contrary intention appears or the context otherwise requires. (5) Section 69 of the Housing Act 1980, as in force before 20 commencement, continues to apply in relation to things done or omitted to be done and agreements entered into before commencement. 340. Interpretation In this Div ision -- 25 "commencement" means the time at which section 314 comes into operation; "former body" means -- (a) the Country Housing Authority establ ished by section 4 of the Country Housing Act 1998 as in force 30 before commencement; page 152

Machinery of Government (Miscellaneous Amendments) Bill 2005 Housing and Works, and Heritage Part 10 Transitional matters Division 6 s. 340 (b) the Government Employees' Housing Authority established by section 8 of the Government Employees' Housing Act 1964 as in force before commencement; "Housing Authority" means the Housing Authority referred to 5 in section 6(4) of the Housing Act 1980 as in force after commencement. page 153

Machinery of Government (Miscellaneous Amendments) Bill 2005 Indigenous Affairs Part 11 Aboriginal Affairs Planning Authority Act 1972 Division 1 s. 341 Part 11 -- Indigenous Affairs Aboriginal Affairs Planning Authority Act 1972 Divisio n 1 -- 341. The Act amended The amendments in this Divis ion are to the Aboriginal Affairs Planning Authority Act 1972*. 5 [* Reprinted as at 5 February 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 2.] 342. Long title amended The long title is amended by deleting ", a Comm issioner for 10 Aboriginal Planning". 343. Section 4 amended Section 4 is amended as follows: (a) by inserting the following defin itions in the appropriate alphabetical positions -- 15 " "CEO" means the chief executive officer of the Department; "Department" means the department of the Publi c Service principal l y assisting in the admin istration 20 of this Act; "; (b) by deleting the defin itions of "Comm issioner" and "the Department". 344. Section 10 repealed 25 Section 10 is repealed. page 154

Machinery of Government (Miscellaneous Amendments) Bill 2005 Indigenous Affairs Part 11 Aboriginal Affairs Planning Authority Act 1972 Division 1 s. 345 345. Section 16 repealed Section 16 is repealed. 346. Section 17 amended Section 17 is amended by deleting "Comm issioner, or deputy of the Comm issioner" and inserting instead -- 5 " CEO ". 347. Section 19 amended Section 19(1) is amended as follows: (a) in paragraph (a) by deleting "Comm issioner, or in his absence the deputy of the Comm issioner" and inserting 10 instead -- " CEO "; (b) by deleting paragraph (c) and inserting the following paragraph instead -- " 15 (c) the chief executive officer of each of the following -- (i) the department of the Public Service for which the Under Treasurer is the chief executive officer; 20 (ii) the Department as defined in section 3 of the Health Legislation Administration Act 1984; (iii) the Department as defined in section 3 of the Children and Community 25 Services Act 2004; (iv) the department referred to in section 228 of the School Education Act 1999; (v) the Housing Authority. "; 30 page 155

Machinery of Government (Miscellaneous Amendments) Bill 2005 Indigenous Affairs Part 11 Aboriginal Affairs Planning Authority Act 1972 Division 1 s. 348 (c) in paragraph (c)(ii i) by deleting "Community Services Act 1972" and inserting instead -- " Children and Community Services Act 2004 ". 348. Section 43 amended (1) Section 43(1) is amended as follows: 5 (a) in paragraph (a) by deleting "for the purpose"; (b) after paragraph (e) by deleting "and"; (c) after paragraph (f) by deleting the ful l stop and inserting -- " 10 ; and (g) any other moneys lawful l y received by, made avai lable to, or payable to the Authority. ". (2) Section 43(2) is amended by deleting "at the Treasury". 15 349. Various references to Commissioner changed to CEO Each provision l isted in the Table to this section is amended by deleting "Comm issioner" in each place where it occurs and inserting instead -- " CEO ". 20 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 156

Machinery of Government (Miscellaneous Amendments) Bill 2005 Indigenous Affairs Part 11 Transitional provisions Division 2 s. 350 Divisio n 2 -- Transiti o nal pr ovisi o n s Aboriginal Affairs Planning Authority Act 1972 350. (1) A thing done or omitted to be done by, to or in relation to the Comm issioner before commencement has the sam e effect after commencement, to the extent that it has any force or 5 signi f icance 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 in relation to things done or omitted to be done before 10 commencement by the Director-General of the department established under section 4 of the Community Services Act 1972 (as in force im mediately before commencement). (3) In this section -- "CEO" has the meaning given by section 4 of the Aboriginal 15 Affairs Planning Authority Act 1972 as in force after commencement; "commencement" means the time at which section 342 comes into operation; "Commissioner" has the meaning given to "Comm issioner for 20 Aboriginal Affa irs" by section 10 of the Aboriginal Affairs Planning Authority Act 1972 as in force before commencement. page 157

Machinery of Government (Miscellaneous Amendments) Bill 2005 Local Government and Regional Development, and Land Part 12 Information Animal Welfare Act 2002 Division 1 s. 351 Part 12 -- Local Government and Regional Development, and Land Information Animal Welfare Act 2002 Divisio n 1 -- 351. The Act amended The amendments in this Divis ion are to the Animal Welfare 5 Act 2002*. [* Act No. 33 of 2002. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 23.] 352. Section 5 amended 10 Section 5(1) is amended as follows: (a) by inserting the following defin ition in the appropriate alphabetical position -- " "CEO" means the chief executive officer of the 15 Department; "; (b) by deleting the defin ition of "Director General". 353. Section 90 amended Section 90(2) is amended by deleting "Director General's" and 20 inserting instead -- " CEO's ". 354. Various references to Director General changed to CEO Each provision l isted in the Table to this section is amended by deleting "Director General" in each place where it occurs and 25 inserting instead -- " CEO ". page 158

Machinery of Government (Miscellaneous Amendments) Bill 2005 Local Government and Regional Development, and Land Part 12 Information Control of Vehicles (Off-road Areas) Act 1978 Division 2 s. 355 Table s. 18(1), (2) and (4) s. 44(11) (d ef n. "ow n er") s. 33(1), (2), (3), (4) and (5) s. 55(5) 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) Note: The heading to section 89 will be altered by deleting "Director General" and inserting instead "CEO ". Control of Vehi cles (Off-road Ar eas) Act 1978 Divisio n 2 -- 355. The Act amended 5 The amendments in this Divis ion are to the Control of Vehicles (Off-road Areas) Act 1978*. [* Reprinted as at 2 August 2002. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 93-4 and 10 Act No. 49 of 2004.] 356. Section 3 amended Section 3(1) is amended by deleting the defin ition of "departmental adviser". 357. Section 21 amended 15 Section 21(8) is repealed. 358. Section 22 repealed Section 22 is repealed. page 159

Machinery of Government (Miscellaneous Amendments) Bill 2005 Local Government and Regional Development, and Land Part 12 Information Local Government Act 1995 Division 3 s. 359 359. 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 5 Protection Act 1986; (b) a conservation and land management officer, forest off icer, wildl i fe off icer or ranger, under the Conservation and Land Management Act 1984; 10 ". Local Government Act 1995 Divisio n 3 -- 360. The Act amended The amendments in this Divis ion are to the Local Government Act 1995*. 15 [* Reprint 2 as at 2 April 2004. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 266 and Act No. 49 of 2004.] 361. Section 1.4 amended 20 Section 1.4 is amended as follows: (a) by inserting the following defin ition in the appropriate alphabetical position -- " "Departmental CEO" means the chief executive 25 officer of the Department; "; (b) by deleting the defin ition of "Executive Director". page 160

Machinery of Government (Miscellaneous Amendments) Bill 2005 Local Government and Regional Development, and Land Part 12 Information Local Government Act 1995 Division 3 s. 362 362. Section 9.58 amended Section 9.58(4)(b) is deleted and the following paragraph is inserted instead -- " (b) lodge with the Comm issioner as def ined in 5 section 4(1) of the Consumer Affairs Act 1971, ". 363. Section 9.67 amended Section 9.67(1) is amended by deleting "the Executive Director's" and inserting instead -- 10 " the Departmental CEO's ". 364. Various references to Executive Director changed to Departmental CEO Each provision l isted in the Table to this section is amended by deleting "Executive Director" in each place where it occurs and 15 inserting instead -- " Departmental CEO ". Table s. 7.7 s. 8.36(1) s. 7.8(2) s. 8.41(2) 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 Departmental deleting "Executive Director" and inserting instead " 20 CEO ". page 161

Machinery of Government (Miscellaneous Amendments) Bill 2005 Local Government and Regional Development, and Land Part 12 Information Local Government Grants Act 1978 Division 4 s. 365 Local Government Grants Act 1978 Divisio n 4 -- 365. The Act amended The amendments in this Divis ion are to the Local Government Grants Act 1978*. [* Reprinted as at 1 March 2002. 5 For subsequent amendments see Act No. 49 of 2004.] 366. Section 3 amended Section 3 is amended by inserting the following def inition in the appropriate alphabetical position -- " 10 "Department" has the meaning given by section 1.4 of the Local Government Act 1995; ". 367. Section 5 amended Section 5(1)(b) is amended by deleting "of Local Government 15 of the State". 368. Section 6 amended Section 6(2)(f) is amended by deleting "of Local Government". Regional Development Commissions Act 1993 Divisio n 5 -- 369. The Act amended 20 The amendments in this Divis ion are to the Regional Development Commissions Act 1993*. [* Reprinted as at 26 November 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 382-3 25 and Act No. 49 of 2004.] page 162

Machinery of Government (Miscellaneous Amendments) Bill 2005 Local Government and Regional Development, and Land Part 12 Information Valuation of Land Act 1978 Division 6 s. 370 370. Section 3 amended Section 3(1) is amended by deleting the defin ition of "Department". 371. Section 31 amended Section 31(2) is amended by deleting "at the Treasury". 5 Valuation of Land Act 1978 Divisio n 6 -- 372. The Act amended The amendments in this Divis ion are to the Valuation of Land Act 1978*. [* Reprinted as at 15 June 2001. 10 For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 475.] 373. Section 4 amended Section 4(1) is amended in the defin ition of "uni m proved value" in paragraph (b)(iv) by deleting "Forests Department" and 15 inserting instead -- " Department (as defined in section 3 of the Conservation and Land Management Act 1984) 20 ". page 163

Machinery of Government (Miscellaneous Amendments) Bill 2005 Planning and Infrastructure Part 13 Land Administration Act 1997 Division 1 s. 374 Part 13 -- Planning and Infrastructure Land Administration Act 1997 Divisio n 1 -- 374. The Act amended The amendments in this Divis ion are to the Land Administration Act 1997*. 5 [* Reprinted as at 22 June 2001. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 240-1.] 375. Section 3 amended Section 3(1) is amended in the defin ition of "authorised land 10 officer" by deleting "publ ic service off icer of the Department" and inserting instead -- " a person ". 376. Section 8 amended (1) Section 8(1) is amended in the defin ition of "the Program" by 15 deleting "within the Department". (2) Section 8(8) is amended by deleting "the Department" and inserting instead -- " the department of the Public Service principal l y 20 assisting in the adm in istration of the Program ". 377. Section 30 amended (1) Section 30 is amended as follows: (a) by inserting before "The Min ister" the subsection 25 designation "(1)"; page 164

Machinery of Government (Miscellaneous Amendments) Bill 2005 Planning and Infrastructure Part 13 Land Administration Act 1997 Division 1 s. 378 (b) by deleting "publ ic service off icer of the Department" and inserting instead -- " person employed in or by a publ ic 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, established for a public purpose under a 10 written law. ". 378. Section 202 amended After section 202(3) the following subsection is in serted -- " 15 (4) In subsection (2)(b) -- "Department" means the department of the Publi c Service principal l y assisting in the admin istration of the TLA. ". 20 379. Section 259 amended Section 259(2) is amended by inserting after "delegate of the Minister" -- " , an authorised land officer ". page 165

Machinery of Government (Miscellaneous Amendments) Bill 2005 Planning and Infrastructure Part 13 Main Roads Act 1930 Division 2 s. 380 Main Roads Act 1930 Divisio n 2 -- 380. The Act amended The amendments in this Divis ion are to the Main Roads Act 1930*. [* Reprinted as at 28 January 2000.] 5 381. Section 31 amended Section 31(1) is amended as follows: (a) by deleting "maintained at the Treasury,"; (b) in paragraph (a) by deleting "for the purposes of this Act"; 10 (c) at the end of paragraph (c) by deleting "and"; (d) after paragraph (d) by deleting the ful l stop and inserting instead -- " ; and 15 (e) any other moneys lawful l y received by, made avai lable to, or payable to the Comm issioner. ". Western Australian Coastal Shipping Commission Divisio n 3 -- Act 1965 20 382. The Act amended The amendments in this Divis ion are to the Western Australian Coastal Shipping Commission Act 1965*. [* Reprinted as at 8 March 2002.] 383. Section 25 amended 25 (1) Section 25(1)(a) is amended by deleting "for that purpose". (2) Section 25(2)(a) is amended by deleting "at the Treasury". page 166

Machinery of Government (Miscellaneous Amendments) Bill 2005 Planning and Infrastructure Part 13 Western Australian Marine (Sea Dumping) Act 1981 Division 4 s. 384 Western Australian Marine (Sea Dumping) Divisio n 4 -- Act 1981 384. The Act amended The amendments in this Divis ion are to the Western Australian Marine (Sea Dumping) Act 1981*. 5 [* Reprint 1 as at 6 August 2004.] 385. Section 14 amended Section 14(8)(c)(i) is amended by deleting "Department of Fisheries and Wi ldli fe" and inserting instead -- " 10 CEO as defined in section 4(1) of the Fish Resources Management Act 1994 ". page 167

Machinery of Government (Miscellaneous Amendments) Bill 2005 Police and Emergency Services Part 14 Bush Fires Act 1954 Division 1 s. 386 Part 14 -- Police and Emergency Services Bush Fires Act 1954 Divisio n 1 -- 386. The Act amended The amendments in this Divis ion are to the Bush Fires Act 1954*. 5 [* Reprint 6 as at 1 August 2003 For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 48.] 387. Section 7 amended Section 7(1) is amended by inserting the following defin itions in 10 the appropriate alphabetical positions -- " "CALM Act CEO" has the meaning given to "CEO" by section 3 of the Conservation and Land Management Act 1984; 15 "CALM Act Department" has the meaning given to "Department" by section 3 of the Conservation and Land Management Act 1984; ". 388. Section 28 amended 20 Section 28(4)(a) and (b) are amended by deleting "Executive Director of the Department of Conservation and Land Management" and inserting instead -- " CALM Act CEO ". page 168

Machinery of Government (Miscellaneous Amendments) Bill 2005 Police and Emergency Services Part 14 Bush Fires Act 1954 Division 1 s. 389 389. Section 34 amended Section 34(2) is amended as follows: (a) in paragraphs (a) and (b) by deleting "Executive Director of the Department of Conservation and Land Management" and inserting instead -- 5 " CALM Act CEO "; (b) in paragraph (a) by deleting "Executive Director" in the second and third places where it occurs and inserting instead -- " CALM Act CEO ". 10 390. 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 ". 15 391. 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 ". 20 392. 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 -- 25 " CALM Act CEO "; page 169

Machinery of Government (Miscellaneous Amendments) Bill 2005 Police and Emergency Services Part 14 Misuse of Drugs Act 1981 Division 2 s. 393 (b) by deleting "Department of Conservation and Land Management" in the second place where it occurs and inserting instead -- " CALM Act Department ". Misuse of Drugs Act 1981 Divisio n 2 -- 5 393. The Act amended The amendments in this Divis ion are to the Misuse of Drugs Act 1981*. [* Reprinted as at 11 January 2002. For subsequent amendments see Western Australian 10 Legislation Information Tables for 2004, Table 1, p. 296.] 394. Section 38D amended (1) Section 38D(1) is repealed and the following subsection is inserted instead -- " 15 (1) In this section -- "CEO (Health)" has the meaning given to "CEO" by section 3 of the Health Legislation Administration Act 1984. ". 20 (2) Section 38D(2) is amended by deleting "Commissi oner of Health" in the 2 places where it occurs and inserting instead -- " CEO (Health) ". page 170

Machinery of Government (Miscellaneous Amendments) Bill 2005 Premier, Public Sector Management, and Water Resources Part 15 Constitution Acts Amendment Act 1899 Division 1 s. 395 Part 15 -- Premier, Public Sector Management, and Water Resources Constitution Acts Amendment Act 1899 Divisio n 1 -- 395. The Act amended The amendments in this Divis ion are to the Constitution Acts 5 Amendment Act 1899*. [* Reprint 13 as at 18 March 2005. For subsequent amendments see Act No. 59 of 2004.] 396. Schedule V amended Schedule V Part 3 is amended as follows: 10 (a) by deleting the items relating to the Government Employees' Housing Authority and The State Housing Comm ission; (b) by deleting the item relating to the Fishing and Al l ied Industries Comm ittee. 15 Public Sector Management Act 1994 Divisio n 2 -- 397. The Act amended The amendments in this Divis ion are to the Public Sector Management Act 1994*. [* Reprint 6 as at 14 May 2004. 20 For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 368.] 398. Schedule 2 amended Schedule 2 is amended by deleting item 47 and inserting the following item instead -- 25 " 47 Housing Authority, provided for under the Housing Act 1980 ". page 171

Machinery of Government (Miscellaneous Amendments) Bill 2005 Premier, Public Sector Management, and Water Resources Part 15 Water Corporation Act 1995 Division 3 s. 399 Water Corporation Act 1995 Divisio n 3 -- 399. The Act amended The amendments in this Divis ion are to the Water Corporation Act 1995*. [* Reprint 2 as at 2 July 2004.] 5 400. Section 73 amended Section 73(1) is repealed and the following subsection is inserted instead -- " (1) Funds of the corporation are to be credited to an 10 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. 15 ". page 172

Machinery of Government (Miscellaneous Amendments) Bill 2005 Racing and Gaming Part 16 Gaming and Wagering Commission Act 1987 Division 1 s. 401 Part 16 -- Racing and Gaming Gaming and Wagering Commission Act 1987 Divisio n 1 -- 401. The Act amended The amendments in this Divis ion are to the Gaming and Wagering Commission Act 1987*. 5 [* Reprint 3 as at 3 September 2004. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 183.] 402. Section 9 amended (1) Section 9(1)(a) is amended by deleting "for that purpose". 10 (2) Section 9(2)(a) is amended by deleting "at the Treasury". 403. Section 110A amended Section 110A(1)(a) is amended by deleting "at the Treasury". Racing and Wagering Western Australia Act 2003 Divisio n 2 -- 404. The Act amended 15 The amendments in this Divis ion are to the Racing and Wagering Western Australia Act 2003*. [* Act No. 36 of 2003. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 374.] 20 405. Section 89 amended Section 89 is amended by deleting "not in an account at the Treasury" and inserting instead -- " in an account described in paragraph (b) of the 25 defin ition of "account" in section 88(1)(b) ". page 173

Machinery of Government (Miscellaneous Amendments) Bill 2005 Racing and Gaming Part 16 Racing Penalties (Appeals) Act 1990 Division 3 s. 406 Racing Penalties (Appeals) Act 1990 Divisio n 3 -- 406. The Act amended The amendments in this Divis ion are to the Racing Penalties (Appeals) Act 1990*. [* Reprinted as at 19 October 2001. 5 For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 374.] 407. Section 24 amended (1) Section 24(1)(a) is amended by deleting "for that purpose". (2) Section 24(8)(a) is amended by deleting "at the Treasury,". 10 page 174

Machinery of Government (Miscellaneous Amendments) Bill 2005 Treasurer, and Government Enterprises Part 17 Anzac Day Act 1960 Division 1 s. 408 Part 17 -- Treasurer, and Government Enterprises Anzac Day Act 1960 Divisio n 1 -- 408. The Act amended The amendments in this Divis ion are to the Anzac Day Act 1960*. 5 [* Reprinted as at 24 May 2002. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 24.] 409. Section 10 amended (1) Section 10(1) is amended by deleting "at the Treasury, forming" 10 and inserting instead -- " , as ". (2) Section 10(2) is amended as follows: (a) by deleting "the Treasury to the credit of "; (b) after paragraph (c) by deleting "and"; 15 (c) after paragraph (d) by deleting the ful l stop and inserting -- " ; and (e) any other moneys lawful l y received by, made 20 avai lable to, or payable to the Trust. ". Economic Regulation Authority Act 2003 Divisio n 2 -- 410. The Act amended The amendments in this Divis ion are to the Economic 25 Regulation Authority Act 2003*. [* Act No. 67 of 2003.] page 175

Machinery of Government (Miscellaneous Amendments) Bill 2005 Treasurer, and Government Enterprises Part 17 Financial Administration and Audit Act 1985 Division 3 s. 411 411. 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 ". Financial Administration and Audit Act 1985 Divisio n 3 -- 412. The Act amended 10 The amendments in this Divis ion are to the Financial Administration and Audit Act 1985*. [* Reprint 8 as at 9 July 2004. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 165.] 15 413. Schedule 1 amended Schedule 1 is amended as follows: (a) by deleting "Government Employees' Housing Authority"; (b) by deleting "The State Housing Comm ission"; 20 (c) by inserting in the appropriate alphabetical position the following item -- " Housing Authority ". page 176

Machinery of Government (Miscellaneous Amendments) Bill 2005 Treasurer, and Government Enterprises Part 17 Gold Corporation Act 1987 Division 4 s. 414 Gold Corporation Act 1987 Divisio n 4 -- 414. The Act amended The amendments in this Divis ion are to the Gold Corporation Act 1987*. [* Reprinted as at 2 January 2001. 5 For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 187.] 415. Section 3 amended Section 3(1) is amended as follows: (a) by inserting the following defin ition in the appropriate 10 alphabetical position -- " "Treasury" means the department of the Public Service for which the Under Treasurer is the chief executive officer. 15 "; (b) in the def in ition of "Treasurer" by deleting "State." and inserting instead -- " State; ". 416. Heading to Part II amended 20 The heading to Part II is amended by inserting after "Constitution" -- and administration " ". 417. Section 9 amended Section 9(1)(a) is amended by inserting after "off icer" -- 25 " of Gold Corporation ". page 177

Machinery of Government (Miscellaneous Amendments) Bill 2005 Treasurer, and Government Enterprises Part 17 Gold Corporation Act 1987 Division 4 s. 418 418. Sections 9A, 9B and 9C inserted After section 9 the following sections are inserted -- " 9A. Duty to observe policy instruments Gold Corporation is to perform its functions in 5 accordance with its strategic development plan and its statement of corporate intent as existing from time to time. 9B. Strategic development plan and statement of corporate intent 10 (1) The Board must, at the prescribed times, prepare and subm it to the Minister -- (a) a strategic development plan for Gold Corporation; and (b) a statement of corporate intent for Gold 15 Corporation. (2) The regulations may make provision for the following -- (a) the manner and form in which the Board is to prepare, submit, revise or modify a strategic 20 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 25 development plan or statement of corporate intent; (d) the functions of the Board, the Minister and the Treasurer in relation to the development, approval or modif ication of a strategic 30 development plan or statement of corporate intent; page 178

Machinery of Government (Miscellaneous Amendments) Bill 2005 Treasurer, and Government Enterprises Part 17 Gold Corporation Act 1987 Division 4 s. 418 (e) the operation of a strategic development plan or statement of corporate intent. (3) If a regulation referred to in subsection (2) enables the Minister to give directions to the Board, the Minister must within 14 days after a direction is given under the 5 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 made except with the Treasurer's concurrence. 10 9C. Laying directions about strategic development plan or statement of corporate intent before Parliament (1) If -- (a) a House of Parliament is not sitting at the commencement of the period referred to in 15 section 9B(3) in respect of a direction; and (b) the Minister is of the opinion that that House wil l not sit during that period, the Minister is to transm it a copy of the direction to the Clerk of that House. 20 (2) A copy of a direction transmitted to the Clerk of a House is to be taken to have been laid before that House. (3) The lay ing of a copy of a direction that is regarded as having occurred under subsection (2) is to be recorded 25 in the Minutes, or Votes and Proceedings, of 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 9B(3) is to be included in the annual report submitted by the 30 accountable authority of Gold Corporation under page 179

Machinery of Government (Miscellaneous Amendments) Bill 2005 Treasurer, and Government Enterprises Part 17 Gold Corporation Act 1987 Division 4 s. 419 section 66 of the Financial Administration and Audit Act 1985. ". 419. Section 16 amended (1) Section 16(1) is amended as follows: 5 (a) in paragraphs (a) and (b) by deleting "Treasurer" and inserting instead -- " Minister with the Treasurer's concurrence "; (b) after paragraph (c)(i) by deleting "or" and inserting -- " 10 (ia) the Minister; or ". (2) Section 16(2)(a) is amended by deleting "Treasurer" and inserting instead -- " Minister ". 15 420. Section 21 amended (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" -- 20 " or Minister ". (3) Section 21(4), (5) and (6) are amended by deleting "Treasurer" and inserting instead -- " Minister ". 421. Section 40 amended 25 Section 40(2) is amended by inserting after "officer" -- " of Gold Corporation ". page 180

Machinery of Government (Miscellaneous Amendments) Bill 2005 Treasurer, and Government Enterprises Part 17 Insurance Commission of Western Australia Act 1986 Division 5 s. 422 422. Section 51 amended Section 51(2) is amended by inserting after "officer" -- " of Gold Corporation ". 423. Schedule 1 amended (1) Schedule 1 clause 1(1) is amended by deleting ", the deputy 5 chief executive off icer or" and inserting instead -- " or d eputy c h i ef ex e cuti v e off ic er o f Go l d Corporatio n o r who ". 10 (2) Schedule 1 clause 3(1) is amended by inserting after "off icer" in the second place where it occurs -- " ". of Go ld Corporatio n (3) Schedule 1 clause 4 is amended by deleting ", the deputy chief executive officer" and inserting instead -- 15 " ". or deput y ch i e f ex e cuti v e off i c er of Go l d Corporatio n (4) Schedule 1 clause 5(3) is amended by deleting ", the deputy chief executive off icer" and inserting instead -- " and th e d eput y ch i e f ex ecut i v e of fi c er of G ol d Corporati o n, 20 ". Insurance Commission of Western Australia Divisio n 5 -- Act 1986 424. The Act amended The amendment in this Division is to the Insurance Commission 25 of Western Australia Act 1986*. [* Reprinted as at 12 November 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 221.] page 181

Machinery of Government (Miscellaneous Amendments) Bill 2005 Treasurer, and Government Enterprises Part 17 Insurance Commission of Western Australia Act 1986 Division 5 s. 425 425. Division 3A inserted After section 14 the following Division is inserted -- " Divisio n 3A -- Strategic devel o p m e nt pla n a n d sta te m e n t o f c o r p o r a te i n te n t 5 14A. Duty to observe policy instruments The Comm ission 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 14B. Strategic development plan and statement of corporate intent (1) The board of comm issioners must, at the prescribed times, prepare and subm it to the Minister -- (a) a strategic development plan for the 15 Comm ission; and (b) a statement of corporate intent for the Comm ission. (2) The regulations may make provision for the following -- 20 (a) the manner and form in which the board of comm issioners is to prepare, submit, revise or modif y a strategic development plan or statement of corporate intent; (b) the period a strategic development plan or 25 statement of corporate intent is to cover; (c) the matters to be set out in a strategic development plan or statement of corporate intent; (d) the functions of the board of comm issioners, 30 the Minister and the Treasurer in relation to the page 182

Machinery of Government (Miscellaneous Amendments) Bill 2005 Treasurer, and Government Enterprises Part 17 Insurance Commission of Western Australia Act 1986 Division 5 s. 425 development, approval or modification of a strategic development plan or statement of corporate intent; (e) the operation of a strategic development plan or statement of corporate intent. 5 (3) If a regulation referred to in subsection (2) enables the Minister to give directions to the board of comm issioners, 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 10 accordance with section 14C -- (a) within 14 days after the direction is given; or (b) i f the direction is the subject of a notice under section 17 of the Statutory Corporations (Liability of Directors) Act 1996, within 15 14 days after it is conf irmed under that section. (4) Regulations referred to in subsection (2) are not to be made except with the Treasurer's concurrence. 14C. Laying directions about strategic development plan or statement of corporate intent before Parliament 20 (1) If -- (a) a House of Parliament is not sitting at the commencement of the applicable period referred to in section 14B(3) in respect of a direction; and 25 (b) the Minister is of the opinion that that House wil l not sit during that period, the Minister is to transm it a copy of the direction to the Clerk of that House. (2) A copy of a direction transmitted to the Clerk of a 30 House is to be taken to have been laid before that House. page 183

Machinery of Government (Miscellaneous Amendments) Bill 2005 Treasurer, and Government Enterprises Part 17 Lotteries Commission Act 1990 Division 6 s. 426 (3) The lay ing of a copy of a direction that is regarded as having occurred under subsection (2) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy. 5 (4) The text of a direction referred to in section 14B(3) is to be included in the annual report subm itted by the accountable authority of the Comm ission under section 66 of the Financial Administration and Audit Act 1985. 10 ". Divisio n 6 -- Lotteries Commission Act 1990 426. The Act amended The amendments in this Divis ion are to the Lotteries Commission Act 1990*. 15 [* Reprinted as at 6 August 1999.] 427. Sections 8A, 8B and 8C inserted After section 8 the following sections are inserted -- " 8A. Duty to observe policy instruments 20 The Comm ission 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 plan and statement of 25 corporate intent (1) The members of the Comm ission must, at the prescribed times, prepare and subm it to the Minister -- (a) a strategic development plan for the Comm ission; and 30 page 184

Machinery of Government (Miscellaneous Amendments) Bill 2005 Treasurer, and Government Enterprises Part 17 Lotteries Commission Act 1990 Division 6 s. 427 (b) a statement of corporate intent for the Comm ission. (2) The regulations may make provision for the following -- (a) the manner and form in which the members of 5 the Comm ission are to prepare, submit, revise or modif y a strategic development plan or statement of corporate intent; (b) the period a strategic development plan or statement of corporate intent is to cover; 10 (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 Comm ission, the Minister and the Treasurer in 15 relation to the development, approval or modif ication of a strategic development plan or statement of corporate intent; (e) the operation of a strategic development plan or statement of corporate intent. 20 (3) If a regulation referred to in subsection (2) enables the Minister to give directions to the members of the Comm ission, 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 25 accordance with section 8C -- (a) within 14 days after the direction is given; or (b) i f the direction is the subject of a notice under section 17 of the Statutory Corporations (Liability of Directors) Act 1996, within 30 14 days after it is conf irmed under that section. (4) Regulations referred to in subsection (2) are not to be made except with the Treasurer's concurrence. page 185

Machinery of Government (Miscellaneous Amendments) Bill 2005 Treasurer, and Government Enterprises Part 17 Lotteries Commission Act 1990 Division 6 s. 428 8C. Laying directions about strategic development plan or statement of corporate intent before Parliament (1) If -- (a) a House of Parliament is not sitting at the commencement of the applicable period 5 referred to in section 8B(3) in respect of a direction; and (b) the Minister is of the opinion that that House wil l not sit during that period, the Minister is to transm it a copy of the direction to the 10 Clerk of that House. (2) A copy of a direction transmitted to the Clerk of a House is to be taken to have been laid before that House. (3) The lay ing of a copy of a direction that is regarded as 15 having occurred under subsection (2) 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. (4) The text of a direction referred to in section 8B(3) is to 20 be included in the annual report submitted by the accountable authority of the Comm ission under section 66 of the Financial Administration and Audit Act 1985. ". 25 428. Section 22 amended Section 22(1) is amended by deleting "at the Treasury forming" and inserting instead -- " , as ". page 186

Machinery of Government (Miscellaneous Amendments) Bill 2005 Treasurer, and Government Enterprises Part 17 Parliamentary Superannuation Act 1970 Division 7 s. 429 Parliamentary Superannuation Act 1970 Divisio n 7 -- 429. The Act amended The amendments in this Divis ion are to the Parliamentary Superannuation Act 1970*. [* Reprint 3 as at 4 April 2003.] 5 430. Section 6 amended (1) Section 6(3)(a) is amended by deleting "Treasurer" and inserting instead -- " Minister ". (2) Section 6(5) is amended by deleting "Treasurer" in both places 10 where it occurs and inserting instead -- " Minister ". Rates and Charges (Rebates and Deferments) Divisio n 8 -- Act 1992 431. The Act amended 15 The amendments in this Divis ion are to the Rates and Charges (Rebates and Deferments) Act 1992*. [* Reprinted as at 19 May 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 379.] 20 432. Section 46 amended Section 46(2) is amended by deleting "The State Housing Comm ission" in both places where it occurs and inserting instead -- " the Housing Authority ". 25 page 187

Machinery of Government (Miscellaneous Amendments) Bill 2005 Treasurer, and Government Enterprises Part 17 State Superannuation Act 2000 Division 9 s. 433 State Superannuation Act 2000 Divisio n 9 -- 433. The Act amended The amendment in this Division is to the State Superannuation Act 2000*. [* Act No. 42 of 2000. 5 For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 428.] 434. Sections 33A, 33B and 33C inserted After section 33 the following sections are inserted -- " 10 33A. Duty to observe policy instruments 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 15 corporate intent (1) The Board must, at the prescribed times, prepare and subm it to the Minister -- (a) a strategic development plan for the Board; and (b) a statement of corporate intent for the Board. 20 (2) The regulations may make provision for the 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 25 intent; (b) the period a strategic development plan or statement of corporate intent is to cover; page 188

Machinery of Government (Miscellaneous Amendments) Bill 2005 Treasurer, and Government Enterprises Part 17 State Superannuation Act 2000 Division 9 s. 434 (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, 5 approval or modif ication of a strategic development plan or statement of corporate intent; (e) the operation of a strategic development plan or statement of corporate intent. 10 (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 Parliam ent or be dealt with in accordance with section 33C -- 15 (a) within 14 days after the direction is given; or (b) i f 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 conf irmed under that section. 20 (4) Regulations referred to in subsection (2) are not to be made except with the Treasurer's concurrence. 33C. Laying directions about strategic development plan or statement of corporate intent before Parliament (1) If -- 25 (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 (b) the Minister is of the opinion that that House 30 wil l not sit during that period, the Minister is to transm it a copy of the direction to the Clerk of that House. page 189

Machinery of Government (Miscellaneous Amendments) Bill 2005 Treasurer, and Government Enterprises Part 17 State Supply Commission Act 1991 Division 10 s. 435 (2) A copy of a direction transmitted to the Clerk of a House is to be taken to have been laid before that House. (3) The lay ing of a copy of a direction that is regarded as having occurred under subsection (2) is to be recorded 5 in the Minutes, or Votes and Proceedings, of 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 subm itted by the 10 accountable authority of the Board under section 66 of the Financial Administration and Audit Act 1985. ". State Supply Commission Act 1991 Divisio n 10 -- 435. The Act amended 15 The amendment in this Division is to the State Supply Commission Act 1991*. [* Reprinted as at 7 June 2002. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 429.] 20 436. Section 30 amended Section 30(2) is amended by deleting "at the Treasury". Western Australian Treasury Corporation Divisio n 11 -- Act 1986 437. The Act amended 25 The amendments in this Divis ion are to the Western Australian Treasury Corporation Act 1986*. [* Reprinted as at 5 January 2001. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 499.] 30 page 190

Machinery of Government (Miscellaneous Amendments) Bill 2005 Treasurer, and Government Enterprises Part 17 Western Australian Treasury Corporation Act 1986 Division 11 s. 438 438. Section 3 amended Section 3(1) is amended by inserting the following defin ition in the appropriate alphabetical position -- " "Treasury" means the department of the Public 5 Service of which the Under Treasurer is the chief executive officer; ". 439. Section 5B amended Section 5B(1)(c) is amended by inserting before "f or the time 10 being" -- " of the Corporation ". 440. Section 8A amended Section 8A is amended by inserting after "officer" -- " of the Corporation ". 15 441. Section 9B inserted After section 9A the following section is inserted --