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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Port Authorities (Consequential
Provisions) Bill 1998
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 3
Part 2 -- Repeal and amendment of Port
Authority Legislation
4. Repeal and amendment relating to Albany Port
Authority 4
5. Repeal and amendment relating to Bunbury Port
Authority 4
6. Repeal and amendment relating to Dampier Port
Authority 4
7. Repeal and amendment relating to Esperance Port
Authority 5
8. Repeal and amendment relating to Fremantle Port
Authority 5
page i
159 -- 1
Port Authorities (Consequential Provisions) Bill 1998
9. Repeal and amendment relating to Geraldton Port
Authority 5
10 . Repeal and amendment relating to Port Hedland
Port Authority 6
11 . Ports (Functions) Act 1993 repealed 6
Part 3 -- Transitional and saving provisions
12 . Application of Interpretation Act 1984 7
13 . Existing port authorities continue 7
14 . Membership 8
15 . Staff 8
16 . Port descriptions 9
17 . Strategic development plans 10
18 . Statement of corporate intent 10
19 . Borrowing limits 10
20 . Regulations 11
Part 4 -- Amendment of various acts
21 . Consequential amendments 12
22 . Amendment of Harbours and Jetties Act 1928 12
23 . Amendment of Public Sector Management Act 1994 12
24 . Amendment of Shipping and Pilotage Act 1967 13
25 . Amendment of Superannuation and Family Benefits
Act 1938 13
26 . Amendment of Unclaimed Money Act 1990 14
Schedule 1 -- Amendments relating to Albany
Port Authority
1. Constitution Acts Amendment Act 1899 15
2. Financial Administration and Audit Act 1985 15
3. Harbours and Jetties Act 1928 15
4. Public Sector Management Act 1994 15
5. Sentencing Act 1995 15
page ii
Port Authorities (Consequential Provisions) Bill 1998
6. Shipping and Pilotage Act 1967 15
7. Statutory Corporations (Liability of Directors)
Act 1996 16
8. Unclaimed Money Act 1990 16
Schedule 2 -- Amendments relating to Broome
Port Authority
1. Constitution Acts Amendment Act 1899 17
2. Shipping and Pilotage Act 1967 17
3. Statutory Corporations (Liability of Directors)
Act 1996 17
Schedule 3 -- Amendments relating to Bunbury
Port Authority
1. Constitution Acts Amendment Act 1899 18
2. Financial Administration and Audit Act 1985 18
3. Harbours and Jetties Act 1928 18
4. Sentencing Act 1995 18
5. Shipping and Pilotage Act 1967 18
6. Statutory Corporations (Liability of Directors)
Act 1996 19
7. Unclaimed Money Act 1990 19
Schedule 4 -- Amendments relating to Dampier
Port Authority
1. Constitution Acts Amendment Act 1899 20
2. Financial Administration and Audit Act 1985 20
3. Public Sector Management Act 1994 20
4. Sentencing Act 1995 20
5. Shipping and Pilotage Act 1967 20
6. Statutory Corporations (Liability of Directors)
Act 1996 21
page iii
Port Authorities (Consequential Provisions) Bill 1998
7. Unclaimed Money Act 1990 21
Schedule 5 -- Amendments relating to
Esperance Port Authority
1. Constitution Acts Amendment Act 1899 22
2. Financial Administration and Audit Act 1985 22
3. Public Sector Management Act 1994 22
4. Sentencing Act 1995 22
5. Shipping and Pilotage Act 1967 22
6. Statutory Corporations (Liability of Directors)
Act 1996 23
7. Unclaimed Money Act 1990 23
Schedule 6 -- Amendments relating to
Fremantle Port Authority
1. British Imperial Oil Company, Limited (Private)
Act 1925 24
2. The Commonwealth Oil Refineries Limited
(Private) Act 1940 24
3. Constitution Acts Amendment Act 1899 25
4. Disposal of Uncollected Goods Act 1970 25
5. Financial Administration and Audit Act 1985 25
6. Harbours and Jetties Act 1928 25
7. Public Sector Management Act 1994 26
8. Sentencing Act 1995 26
9. Shipping and Pilotage Act 1967 26
10 . South Fremantle Oil Installations Pipe Line
Act 1948 26
11 . Statutory Corporations (Liability of Directors)
Act 1996 26
12 . Swan River Trust Act 1988 27
13 . Texas Company (Australia) Limited (Private)
Act 1928 27
page iv
Port Authorities (Consequential Provisions) Bill 1998
14 . Unclaimed Money Act 1990 27
Schedule 7 -- Amendments relating to
Geraldton Port Authority
1. Constitution Acts Amendment Act 1899 28
2. Financial Administration and Audit Act 1985 28
3. Public Sector Management Act 1994 28
4. Sentencing Act 1995 28
5. Shipping and Pilotage Act 1967 28
6. Statutory Corporations (Liability of Directors)
Act 1996 29
7. Unclaimed Money Act 1990 29
Schedule 8 -- Amendments relating to Port
Hedland Port Authority
1. Constitution Acts Amendment Act 1899 30
2. Financial Administration and Audit Act 1985 30
3. Public Sector Management Act 1994 30
4. Sentencing Act 1995 30
5. Shipping and Pilotage Act 1967 30
6. Statutory Corporations (Liability of Directors)
Act 1996 31
7. Unclaimed Money Act 1990 31
page v
Western Australia
LEGISLATIVE ASSEMBLY
Port Authorities (Consequential
Provisions) Bill 1998
A Bill for
An Act --
· to repeal the following Acts --
Albany Port Authority Act 1926;
Bunbury Port Authority Act 1909;
Dampier Port Authority Act 1985;
Esperance Port Authority Act 1968;
Fremantle Port Authority Act 1902;
Geraldton Port Authority Act 1968; and
Port Hedland Port Authority Act 1970;
· to amend and subsequently repeal the Ports (Functions)
Act 1993;
· to amend certain other Acts; and
· for purposes relating to those repeals and amendments
and to the enactment of the Port Authorities Act 1998.
The Parliament of Western Australia enacts as follows:
page 1
Port Authorities (Consequential Provisions) Bill 1998
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Port Authorities (Consequential
Provisions) Act 1998.
5 2. Commencement
(1) Subject to subsections (2) to (11) this Act comes into operation
on the day on which it receives the Royal Assent.
(2) Section 4 and Schedule 1 come into operation when item 1
comes into operation.
10 (3) Section 5 and Schedule 3 come into operation when item 3
comes into operation.
(4) Section 6 and Schedule 4 come into operation when item 4
comes into operation.
(5) Section 7 and Schedule 5 come into operation when item 5
15 comes into operation.
(6) Section 8 and Schedule 6 come into operation when item 6
comes into operation.
(7) Section 9 and Schedule 7 come into operation when item 7
comes into operation.
20 (8) Section 10 and Schedule 8 come into operation when item 8
comes into operation.
(9) Section 16(2) and Schedule 2 come into operation when item 2
comes into operation.
(10) Section 22 comes into operation when one or more of items 1, 3
25 and 6 come into operation.
page 2
Port Authorities (Consequential Provisions) Bill 1998
Preliminary Part 1
s. 3
(11) Sections 23 and 26(1) come into operation when one or more of
items 1 to 8 come into operation.
(12) Sections 11, 24 and 26(2) come into operation when all of items
1 and 3 to 8 have come into operation.
5 3. Interpretation
(1) In this Act --
"continuing port authority" means an existing port authority
that continues in existence as a port authority established
under the PA Act;
10 "existing Act" means the --
(a) Albany Port Authority Act 1926;
(b) Bunbury Port Authority Act 1909;
(c) Dampier Port Authority Act 1985;
(d) Esperance Port Authority Act 1968;
15 (e) Fremantle Port Authority Act 1902;
(f) Geraldton Port Authority Act 1968; or
(g) Port Hedland Port Authority Act 1970;
"existing port authority" means a port authority constituted or
established under an existing Act;
20 "first financial year", in relation to a port authority, means the
first financial year of that port authority to start after the
commencement of the item relating to that port authority;
"item" has the meaning given by subsection (2);
"PA Act" means the Port Authorities Act 1998.
25 (2) A reference in this Act to an item is a reference to an item in
Schedule 1 to the PA Act.
page 3
Port Authorities (Consequential Provisions) Bill 1998
Part 2 Repeal and amendment of Port Authority Legislation
s. 4
Part 2 -- Repeal and amendment of Port
Authority Legislation
4. Repeal and amendment relating to Albany Port Authority
(1) The Albany Port Authority Act 1926* is repealed.
5 [*Reprinted as approved 24 March 1971.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 8.]
(2) Section 3 of the Ports (Functions) Act 1993* is amended in the
definitions of "port" and "port authority Act" by deleting
10 paragraph (a).
[*Act No. 46 of 1993.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 185.]
5. Repeal and amendment relating to Bunbury Port Authority
15 (1) The Bunbury Port Authority Act 1909* is repealed.
[*Reprinted as at 2 January 1991.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, pp. 25-6.]
(2) Section 3 of the Ports (Functions) Act 1993 is amended in the
20 definitions of "port" and "port authority Act" by deleting
paragraph (b).
6. Repeal and amendment relating to Dampier Port Authority
(1) The Dampier Port Authority Act 1985* is repealed.
[*Act No. 39 of 1985.
25 For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 61.]
page 4
Port Authorities (Consequential Provisions) Bill 1998
Repeal and amendment of Port Authority Legislation Part 2
s. 7
(2) Section 3 of the Ports (Functions) Act 1993 is amended in the
definitions of "port" and "port authority Act" by deleting
paragraph (c).
7. Repeal and amendment relating to Esperance Port
5 Authority
(1) The Esperance Port Authority Act 1968* is repealed.
[*Act No. 11 of 1968.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 77.]
10 (2) Section 3 of the Ports (Functions) Act 1993 is amended in the
definitions of "port" and "port authority Act" by deleting
paragraph (d).
8. Repeal and amendment relating to Fremantle Port
Authority
15 (1) The Fremantle Port Authority Act 1902* is repealed.
[*Reprinted as at 23 January 1989.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, pp. 91-92.]
(2) Section 3 of the Ports (Functions) Act 1993 is amended in the
20 definitions of "port" and "port authority Act" by deleting
paragraph (e).
9. Repeal and amendment relating to Geraldton Port
Authority
(1) The Geraldton Port Authority Act 1968* is repealed.
25 [*Act No. 10 of 1968.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, pp. 95-96.]
page 5
Port Authorities (Consequential Provisions) Bill 1998
Part 2 Repeal and amendment of Port Authority Legislation
s. 10
(2) Section 3 of the Ports (Functions) Act 1993 is amended in the
definitions of "port" and "port authority Act" by deleting
paragraph (f).
10. Repeal and amendment relating to Port Hedland Port
5 Authority
(1) The Port Hedland Port Authority Act 1970* is repealed.
[*Act No. 30 of 1970.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 185.]
10 (2) Section 3 of the Ports (Functions) Act 1993 is amended in the
definitions of "port" and "port authority Act" by deleting
paragraph (g).
11. Ports (Functions) Act 1993 repealed
The Ports (Functions) Act 1993 is repealed.
page 6
Port Authorities (Consequential Provisions) Bill 1998
Transitional and saving provisions Part 3
s. 12
Part 3 -- Transitional and saving provisions
12. Application of Interpretation Act 1984
(1) The provisions of the Interpretation Act 1984 about the repeal
of written laws and the substitution of other written laws for
5 those so repealed (for example, sections 16(1), 36 and 38) apply
to the repeal of an existing Act relating to a port authority and
the amendment of the Ports (Functions) Act 1993 in relation to
that existing Act and that port authority as if the PA Act --
(a) repealed that existing Act; and
10 (b) repealed the Ports (Functions) Act 1993 insofar as it
applied to that port authority,
when the item relating to that port authority comes into
operation.
(2) The other provisions of this Part are additional to the provisions
15 applied by subsection (1).
13. Existing port authorities continue
(1) If, immediately before the commencement of an item, there was
an existing port authority with the name set out in that item, the
port authority named in that item is a continuation of, and the
20 same legal entity as, the existing port authority and the rights
and obligations of the existing port authority are not affected.
(2) If in a written law or other document or instrument there is --
(a) a reference to an existing port authority constituted or
established under an existing Act; or
page 7
Port Authorities (Consequential Provisions) Bill 1998
Part 3 Transitional and saving provisions
s. 14
(b) a reference that is to be read and construed as a
reference to an existing port authority,
that reference may, where the context so requires, be read as if it
had been amended to be a reference to the port authority as
5 established under the PA Act.
14. Membership
(1) The persons who were members or commissioners of a
continuing port authority (including the chairman) immediately
before the commencement of the item relating to that port
10 authority continue in office, under and subject to the PA Act, as
the chairperson and directors of that port authority.
(2) Subsection (1) does not apply to a person holding office under
section 8(1)(d) of the Dampier Port Authority Act 1985.
(3) A person to whom subsection (1) applies is to be regarded as
15 having been appointed under section 7 of the PA Act.
15. Staff
(1) A person who was the general manager of a continuing port
authority immediately before the commencement of the item
relating to that port authority continues in office, under and
20 subject to the PA Act, as the chief executive officer of that port
authority.
(2) Other people who were in the employment of a continuing port
authority immediately before the commencement of the item
relating to that port authority continue, under and subject to the
25 PA Act, as members of staff of that port authority.
(3) Except as otherwise agreed by a chief executive officer or
member of staff, the remuneration, existing or accrued rights,
rights under a superannuation scheme or continuity of service of
page 8
Port Authorities (Consequential Provisions) Bill 1998
Transitional and saving provisions Part 3
s. 16
a chief executive officer or member of staff of a continuing port
authority are not affected, prejudiced or interrupted by --
(a) the operation of subsection (1) or (2); or
(b) that port authority ceasing to be an SES organization
5 under the Public Sector Management Act 1994.
(4) A person mentioned in subsection (1) or (2) is to be regarded as
an employee of an organization for the purposes of Part 6 of the
Public Sector Management Act 1994.
(5) Subsection (4) ceases to apply in relation to a continuing port
10 authority at the expiration of 2 years after the item relating to
that port authority commences.
(6) A person mentioned in subsection (2) is to be regarded as
having been engaged under section 16 of the PA Act.
16. Port descriptions
15 (1) Until an order is made under section 24(1) of the PA Act in
relation to a port referred to in item 1, 3, 4, 5, 6, 7 or 8 the
description of that port for the purposes of the PA Act is the
description that had effect under the relevant existing Act
immediately before the commencement of that item.
20 (2) Until an order is made under section 24(1) of the PA Act in
relation to the Port of Broome the description of that port for the
purposes of the PA Act is as follows --
Port of Broome
(a) all that portion of water and seabed bounded by lines
25 starting from the high water mark of Roebuck Bay at the
southern extremity of Fall Point and extending south to
an east-west line situate 3 nautical miles south from the
southern extremity of Entrance Point; then west to a
north-south line situate 3 nautical miles west from the
page 9
Port Authorities (Consequential Provisions) Bill 1998
Part 3 Transitional and saving provisions
s. 17
southern extremity of Entrance Point; then north to a
point situate west of the summit of Station Hill; then
east to the high water mark of the Indian Ocean and then
generally southwesterly and generally southeasterly
5 along that mark and generally northeasterly, generally
northwesterly, again generally northeasterly and
generally easterly along the high water mark of Roebuck
Bay to the starting point and including all of the waters
of Dampier Creek; and
10 (b) all that portion of land comprised within Broome Lots
616, 698, 848 and 956 as shown bordered in red on
Lands and Surveys Reserve Plan 108.
Lands and Surveys Public Plans: Broome Regional 1:10 000
Sheet 1, Sheet 2, Sheet 3; Roebuck Plains 1:250 000; La Grange
15 1:250 000.
(3) A description that has effect under subsection (1) or (2) may be
amended under section 24(2) of the PA Act.
17. Strategic development plans
The first strategic development plan for a port authority under
20 Part 5, Division 1 of the PA Act is to be for a period starting
when the first financial year starts.
18. Statement of corporate intent
The first statement of corporate intent for a port authority under
Part 5, Division 2 of the PA Act is to be for the first financial
25 year.
19. Borrowing limits
The first monetary limits under section 86 of the PA Act are to
be determined in relation to the first financial year.
page 10
Port Authorities (Consequential Provisions) Bill 1998
Transitional and saving provisions Part 3
s. 20
20. Regulations
(1) Regulations made by a continuing port authority that were in
force immediately before the commencement of the item
relating to that port authority continue in force after that
5 commencement as if they were regulations made by the
Governor under section 139 of the PA Act in relation to the port
of that port authority.
(2) Subsection (1) does not continue the operation of any regulation
that could not be made under section 139 of the PA Act.
page 11
Port Authorities (Consequential Provisions) Bill 1998
Part 4 Amendment of various acts
s. 21
Part 4 -- Amendment of various acts
21. Consequential amendments
The Acts specified in Schedules 1 to 8 are amended as specified
in those Schedules.
5 22. Amendment of Harbours and Jetties Act 1928
The Schedule to the Harbours and Jetties Act 1928* is amended
by adding --
" The Port Authorities Act 1998 -- Section 113. ".
[*Reprinted as approved 11 August 1976.
10 For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 102.]
23. Amendment of Public Sector Management Act 1994
Schedule 1 to the Public Sector Management Act 1994* is
amended by inserting after item 17 the following item --
15 "
18 Any port authority established under the Port
Authorities Act 1998
".
[*Reprinted as at 3 September 1997.
20 For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, pp. 190-91, and Acts Nos. 45 of
1996 and 22 of 1997 and Gazette 24 March 1998.]
page 12
Port Authorities (Consequential Provisions) Bill 1998
Amendment of various acts Part 4
s. 24
24. Amendment of Shipping and Pilotage Act 1967
(1) This section amends the Shipping and Pilotage Act 1967*
[*Reprinted as approved 9 November 1984.
For subsequent amendments see 1997 Index to Legislation of
5 Western Australia, Table 1, p. 213.]
(2) Section 3 is amended by deleting the definition of "port
authority port".
(3) Section 8(1) is amended by deleting "or port authority port" in
both places.
10 (4) Section 8(3) is repealed.
(5) Section 12(3) is amended by deleting the definition of
"responsible authority" and substituting the following
definition --
" "responsible authority" means the Department; ".
15 25. Amendment of Superannuation and Family Benefits Act 1938
Section 6(1) of the Superannuation and Family Benefits
Act 1938* is amended in the definition of "department" by
deleting "the Fremantle Port Authority Commissioners, every
harbour board" and substituting the following --
20 " every port authority ".
[*Reprinted as at 9 August 1989.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, pp. 226-7.]
page 13
Port Authorities (Consequential Provisions) Bill 1998
Part 4 Amendment of various acts
s. 26
26. Amendment of Unclaimed Money Act 1990
(1) Before section 9(1)(k) of the Unclaimed Money Act 1990* the
following paragraph is inserted --
"
5 (ja) which is not for the time being disbursable
prescribed retained money and represents the
net proceeds of a sale of goods under
regulations under Schedule 7, item 16 of the
Port Authorities Act 1998, is, or is liable to be
10 paid to the Treasury;
".
(2) Section 9(1)(j) of the Unclaimed Money Act 1990* is deleted.
[*Act No. 31 of 1990.
For subsequent amendments see 1997 Index to Legislation of
15 Western Australia, Table 1, p. 240.]
page 14
Port Authorities (Consequential Provisions) Bill 1998
Amendments relating to Albany Port Authority Schedule 1
Schedule 1 -- Amendments relating to Albany
Port Authority
[s. 21]
1. Constitution Acts Amendment Act 1899
5 Schedule V, Part 3 is amended in the item relating to the Albany Port
Authority by deleting "constituted under the Albany Port Authority
Act 1926" and substituting the following --
" established under the Port Authorities Act 1998 ".
2. Financial Administration and Audit Act 1985
10 Schedule 1 is amended by deleting the item "Albany Port Authority".
3. Harbours and Jetties Act 1928
The Schedule is amended by deleting the item "The Albany Harbour
Board Act, 1926 -- Section 33.".
4. Public Sector Management Act 1994
15 Schedule 2, item 1 is deleted.
5. Sentencing Act 1995
Schedule 1 is amended by deleting the item "Albany Port Authority
Act 1926 Albany Port Authority.".
6. Shipping and Pilotage Act 1967
20 Section 3 is amended in the definition of "port authority port" by
deleting paragraph (a).
page 15
Port Authorities (Consequential Provisions) Bill 1998
Schedule 1 Amendments relating to Albany Port Authority
7. Statutory Corporations (Liability of Directors) Act 1996
Schedule 1 is amended by deleting the item relating to the Albany
Port Authority and substituting the following item --
"
Albany Port a director of the Port Authorities
Authority Authority Act 1998
5 ".
8. Unclaimed Money Act 1990
Section 9(1)(j)(i) is deleted.
page 16
Port Authorities (Consequential Provisions) Bill 1998
Amendments relating to Broome Port Authority Schedule 2
Schedule 2 -- Amendments relating to Broome
Port Authority
[s. 21]
1. Constitution Acts Amendment Act 1899
5 Schedule V, Part 3 is amended by inserting in the appropriate
alphabetical position the following item --
"
The Broome Port Authority established under the Port Authorities
Act 1998.
10 ".
2. Shipping and Pilotage Act 1967
The Schedule is amended by deleting the item headed "Broome".
3. Statutory Corporations (Liability of Directors) Act 1996
Schedule 1 is amended by inserting in the appropriate alphabetical
15 position the following item --
"
Broome Port a director of the Port Authorities
Authority Authority Act 1998
".
page 17
Port Authorities (Consequential Provisions) Bill 1998
Schedule 3 Amendments relating to Bunbury Port Authority
Schedule 3 -- Amendments relating to Bunbury
Port Authority
[s. 21]
1. Constitution Acts Amendment Act 1899
5 Schedule V, Part 3 is amended in the item relating to the Bunbury
Port Authority by deleting "constituted under the Bunbury Port
Authority Act 1909" and substituting the following --
" established under the Port Authorities Act 1998 ".
2. Financial Administration and Audit Act 1985
10 Schedule 1 is amended by deleting the item "Bunbury Port
Authority".
3. Harbours and Jetties Act 1928
The Schedule is amended by deleting the item "The Bunbury Harbour
Board Act, 1909 -- Section 33.".
15 4. Sentencing Act 1995
Schedule 1 is amended by deleting the item "Bunbury Port Authority
Act 1909 Bunbury Port Authority.".
5. Shipping and Pilotage Act 1967
Section 3 is amended in the definition of "port authority port" by
20 deleting paragraph (b).
page 18
Port Authorities (Consequential Provisions) Bill 1998
Amendments relating to Bunbury Port Authority Schedule 3
6. Statutory Corporations (Liability of Directors) Act 1996
Schedule 1 is amended by deleting the item relating to the Bunbury
Port Authority and substituting the following item --
"
Bunbury Port a director of the Port Authorities
Authority Authority Act 1998
5 ".
7. Unclaimed Money Act 1990
Section 9(1)(j)(ii) is deleted.
page 19
Port Authorities (Consequential Provisions) Bill 1998
Schedule 4 Amendments relating to Dampier Port Authority
Schedule 4 -- Amendments relating to Dampier
Port Authority
[s. 21]
1. Constitution Acts Amendment Act 1899
5 Schedule V, Part 3 is amended by inserting in the appropriate
alphabetical position the following item --
"
The Dampier Port Authority established under the Port Authorities
Act 1998.
10 ".
2. Financial Administration and Audit Act 1985
Schedule 1 is amended by deleting the item "Dampier Port
Authority".
3. Public Sector Management Act 1994
15 Schedule 2, item 7 is deleted.
4. Sentencing Act 1995
Schedule 1 is amended by deleting the item "Dampier Port Authority
Act 1985 Dampier Port Authority.".
5. Shipping and Pilotage Act 1967
20 Section 3 is amended in the definition of "port authority port" by
deleting paragraph (c).
page 20
Port Authorities (Consequential Provisions) Bill 1998
Amendments relating to Dampier Port Authority Schedule 4
6. Statutory Corporations (Liability of Directors) Act 1996
Schedule 1 is amended by deleting the item relating to the Dampier
Port Authority and substituting the following item --
"
Dampier Port a director of the Port Authorities
Authority Authority Act 1998
5 ".
7. Unclaimed Money Act 1990
Section 9(1)(j)(iii) is deleted.
page 21
Port Authorities (Consequential Provisions) Bill 1998
Schedule 5 Amendments relating to Esperance Port Authority
Schedule 5 -- Amendments relating to Esperance
Port Authority
[s. 21]
1. Constitution Acts Amendment Act 1899
5 Schedule V, Part 3 is amended in the item relating to the Esperance
Port Authority by deleting "established by the Esperance Port
Authority Act 1968" and substituting the following --
" established under the Port Authorities Act 1998 ".
2. Financial Administration and Audit Act 1985
10 Schedule 1 is amended by deleting the item "Esperance Port
Authority".
3. Public Sector Management Act 1994
Schedule 2, item 10 is deleted.
4. Sentencing Act 1995
15 Schedule 1 is amended by deleting the item "Esperance Port
Authority Act 1968 Esperance Port Authority.".
5. Shipping and Pilotage Act 1967
Section 3 is amended in the definition of "port authority port" by
deleting paragraph (d).
page 22
Port Authorities (Consequential Provisions) Bill 1998
Amendments relating to Esperance Port Authority Schedule 5
6. Statutory Corporations (Liability of Directors) Act 1996
Schedule 1 is amended by deleting the item relating to the Esperance
Port Authority and substituting the following item --
"
Esperance Port a director of the Port Authorities
Authority Authority Act 1998
5 ".
7. Unclaimed Money Act 1990
Section 9(1)(j)(iv) is deleted.
page 23
Port Authorities (Consequential Provisions) Bill 1998
Schedule 6 Amendments relating to Fremantle Port Authority
Schedule 6 -- Amendments relating to Fremantle
Port Authority
[s. 21]
1. British Imperial Oil Company, Limited (Private) Act 1925
5 (1) Section 3 is amended by deleting "Harbour Trust Commissioners"
(3 times) and substituting (in each case) the following --
" Port Authority ".
(2) Section 3 is amended by deleting "boundaries described in the first
paragraph of the Schedule to the Fremantle Harbour Trust Act, 1902"
10 and substituting the following --
"
inner harbour in the description of the Port of Fremantle
under the Port Authorities Act 1998.
".
15 (3) Section 4 is amended by deleting "Fremantle Harbour Trust
Act, 1902" and substituting the following --
" Port Authorities Act 1998 ".
2. The Commonwealth Oil Refineries Limited (Private) Act 1940
(1) Section 2 is amended in the definition of "Local authority" by
20 deleting "Harbour Trust Commissioners" and substituting the
following --
" Port Authority ".
(2) Section 3(b) and (c) are amended by deleting "Harbour Trust
Commissioners" and substituting the following --
25 " Port Authority ".
page 24
Port Authorities (Consequential Provisions) Bill 1998
Amendments relating to Fremantle Port Authority Schedule 6
(3) Section 3 is amended by deleting "boundaries described in the first
paragraph of the Schedule to the Fremantle Harbour Trust Act, 1902"
and substituting the following --
"
5 inner harbour in the description of the Port of Fremantle
under the Port Authorities Act 1998.
".
(4) Section 3(b) is amended by deleting "said Commissioners" (3 times)
and substituting (in each case) the following --
10 " port authority ".
(5) Section 4 is amended by deleting "Fremantle Harbour Trust Act,
1902" and substituting the following --
" Port Authorities Act 1998 ".
3. Constitution Acts Amendment Act 1899
15 Schedule V, Part 3 is amended in the item relating to the Fremantle
Port Authority by deleting "constituted under the Fremantle Port
Authority Act 1902" and substituting the following --
" established under the Port Authorities Act 1998 ".
4. Disposal of Uncollected Goods Act 1970
20 The Schedule is amended by deleting the item "2 Edw. VII,
No. 17 Fremantle Port Authority Act, 1902.".
5. Financial Administration and Audit Act 1985
Schedule 1 is amended by deleting the item "Fremantle Port
Authority".
25 6. Harbours and Jetties Act 1928
The Schedule is amended by deleting the item "The Fremantle
Harbour Trust Act, 1902 -- Section 36.".
page 25
Port Authorities (Consequential Provisions) Bill 1998
Schedule 6 Amendments relating to Fremantle Port Authority
7. Public Sector Management Act 1994
Schedule 2, item 12 is deleted.
8. Sentencing Act 1995
Schedule 1 is amended by deleting the item "Fremantle Port
5 Authority Act 1902 Fremantle Port Authority.".
9. Shipping and Pilotage Act 1967
Section 3 is amended in the definition of "port authority port" by
deleting paragraph (e).
10. South Fremantle Oil Installations Pipe Line Act 1948
10 (1) Section 2 is amended in the definition of "Local authority" by
deleting "Harbour Trust Commissioners" and substituting the
following --
" Port Authority ".
(2) Section 3 is amended by deleting "Fremantle Harbour Trust Act,
15 1902" and substituting the following --
" Port Authorities Act 1998 ".
11. Statutory Corporations (Liability of Directors) Act 1996
Schedule 1 is amended by deleting the item relating to the Fremantle
Port Authority and substituting the following item --
20 "
Fremantle Port a director of the Port Authorities
Authority Authority Act 1998
".
page 26
Port Authorities (Consequential Provisions) Bill 1998
Amendments relating to Fremantle Port Authority Schedule 6
12. Swan River Trust Act 1988
Section 51(2) is amended by deleting "First Schedule to the
Fremantle Port Authority Act 1902" and substituting the following --
"
5 description of the Port of Fremantle under the Port
Authorities Act 1998
".
13. Texas Company (Australia) Limited (Private) Act 1928
(1) Section 2 is amended in the definition of "Local authority" by
10 deleting "Harbour Trust Commissioners" and substituting the
following --
" Port Authority ".
(2) Section 3 is amended by deleting "Harbour Trust Commissioners"
(3 times) and substituting (in each case) the following --
15 " Port Authority ".
(3) Section 3 is amended by deleting "boundaries described in the first
paragraph of the Schedule to the Fremantle Harbour Trust Act, 1902"
and substituting the following --
"
20 inner harbour in the description of the Port of Fremantle
under the Port Authorities Act 1997.
".
(4) Section 4 is amended by deleting "Fremantle Harbour Trust
Act, 1902" and substituting the following --
25 " Port Authorities Act 1998 ".
14. Unclaimed Money Act 1990
Section 9(1)(j)(v) is deleted.
page 27
Port Authorities (Consequential Provisions) Bill 1998
Schedule 7 Amendments relating to Geraldton Port Authority
Schedule 7 -- Amendments relating to Geraldton
Port Authority
[s. 21]
1. Constitution Acts Amendment Act 1899
5 Schedule V, Part 3 is amended in the item relating to the Geraldton
Port Authority by deleting "established by the Geraldton Port
Authority Act 1968" and substituting the following --
" established under the Port Authorities Act 1998 ".
2. Financial Administration and Audit Act 1985
10 Schedule 1 is amended by deleting the item "Geraldton Port
Authority".
3. Public Sector Management Act 1994
Schedule 2, item 14 is deleted.
4. Sentencing Act 1995
15 Schedule 1 is amended by deleting the item "Geraldton Port
Authority Act 1968 Geraldton Port Authority".
5. Shipping and Pilotage Act 1967
Section 3 is amended in the definition of "port authority port" by
deleting paragraph (f).
page 28
Port Authorities (Consequential Provisions) Bill 1998
Amendments relating to Geraldton Port Authority Schedule 7
6. Statutory Corporations (Liability of Directors) Act 1996
Schedule 1 is amended by deleting the item relating to the Geraldton
Port Authority and substituting the following item --
"
Geraldton Port a director of the Port Authorities
Authority Authority Act 1998
5 ".
7. Unclaimed Money Act 1990
Section 9(1)(j)(vi) is deleted.
page 29
Port Authorities (Consequential Provisions) Bill 1998
Schedule 8 Amendments relating to Port Hedland Port Authority
Schedule 8 -- Amendments relating to Port Hedland
Port Authority
[s. 21]
1. Constitution Acts Amendment Act 1899
5 Schedule V, Part 3 is amended in the item relating to the Port Hedland
Port Authority by deleting "established by the Port Hedland Port
Authority Act 1970" and substituting the following --
" established under the Port Authorities Act 1998 ".
2. Financial Administration and Audit Act 1985
10 Schedule 1 is amended by deleting the item "Port Hedland Port
Authority".
3. Public Sector Management Act 1994
Schedule 2, item 37A is deleted.
4. Sentencing Act 1995
15 Schedule 1 is amended by deleting the item "Port Hedland Port
Authority Act 1970 Port Hedland Port Authority.".
5. Shipping and Pilotage Act 1967
Section 3 is amended in the definition of "port authority port" by
deleting paragraph (g).
page 30
Port Authorities (Consequential Provisions) Bill 1998
Amendments relating to Port Hedland Port Authority Schedule 8
6. Statutory Corporations (Liability of Directors) Act 1996
Schedule 1 is amended by deleting the item relating to the Port
Hedland Port Authority and substituting the following item --
"
Port Hedland Port a director of the Port Authorities
Authority Authority Act 1998
5 ".
7. Unclaimed Money Act 1990
Section 9(1)(j)(vii) is deleted.
page 31
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