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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Rural Business Development Corporation
Bill 2000
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Objects 2
4. Definitions 2
Part 2 -- Rural Business Development
Corporation
Division 1 -- Continuation and status of
Corporation
5. Continuation of Corporation as Rural Business
Corporation 4
6. Corporation is agent of the Crown 4
Division 2 -- Functions of Corporation
7. Functions of Corporation 4
8. Delegation of Corporation's functions 5
Division 3 -- Powers of Corporation
9. General powers of Corporation 6
10. Power to acquire and dispose of property for schemes 6
11. Restrictions on dealings in land applied for approved
assistance schemes 7
Division 4 -- Corporation's board of directors
12. The board 8
13. Functions of board 8
14. Remuneration and allowances of directors 8
15. Constitution and proceedings 8
page i
26--1
Rural Business Development Corporation Bill 2000
Contents
Division 5 -- Relationship of Corporation with the
Minister
16. Minister may give directions 9
17. Minister to have access to information 10
18. Confidential information 11
Part 3 -- Staff
19. Chief executive officer 12
20. Delegation of chief executive officer's functions 12
21. Consultants etc. 12
22. Use of other government staff etc. 12
Part 4 -- Financial provisions
23. Funds of Corporation 14
24. Rural Business Development Corporation Operating
Account 14
25. Borrowing from Treasurer 15
26. Other borrowing 15
27. Guarantee by Treasurer 16
28. Effect of guarantee 16
29. Application of Financial Administration and Audit
Act 1985 16
Part 5 -- Financial assistance
Division 1 -- Approved assistance schemes
30. Approved assistance schemes 18
31. Schemes established under agreements between
Commonwealth and State taken to be approved
assistance schemes 18
Division 2 -- Applications for, and grants of,
financial assistance
32. Applications for financial assistance 19
33. Grants of financial assistance 20
Division 3 -- Other matters
34. Security for payments of financial assistance 20
35. Creditors to provide information 21
page ii
Rural Business Development Corporation Bill 2000
Contents
Part 6 -- Miscellaneous
36. Protection from liability for wrongdoing 22
37. Confidentiality 22
38. Common seal and execution of documents 23
39. Time for commencing prosecutions 24
40. Regulations 24
41. Review of Act 24
Part 7 -- Repeal, transitional provisions and
consequential amendments
42. Repeal 26
43. Transitional provisions 26
44. Consequential amendments 26
Schedule 1 -- The board
Division 1 -- Constitution and proceedings of the
board
1. Term of office 27
2. Resignation, removal etc. 27
3. Leave of absence 27
4. Chairman unable to act 28
5. Director unable to act 28
6. Saving 28
7. Meetings 28
8. Presiding officer 28
9. Quorum 29
10. Voting 29
11. Chief executive officer 29
12. Minutes 29
13. Resolution without meeting 29
14. Holding meetings remotely 29
15. Committees 30
16. Board to determine own procedures 30
Division 2 -- Disclosure of interests etc.
17. Disclosure of interests 30
18. Voting by interested directors 30
19. Clause 18 may be declared inapplicable 31
page iii
Rural Business Development Corporation Bill 2000
Contents
20. Quorum where clause 18 applies 31
21. Minister may declare clauses 18 and 20 inapplicable 31
Schedule 2 -- Transitional provisions
1. Definitions 32
2. Interpretation Act to apply 32
3. References to the Corporation under its former name
in laws and documents 32
4. Repealed Act members to go out of office 32
5. Chief executive officer of repealed Act Corporation
continues in office 33
6. Certain funds to be transferred to Rural Business
Development Corporation Operating Account 33
7. Applications for assistance under repealed Act 33
8. Grants of assistance under repealed Act 33
9. Transitional regulations 34
Schedule 3 -- Consequential amendments
1. Constitution Acts Amendment Act 1899 35
2. Financial Administration and Audit Act 1985 35
3. Public Sector Management Act 1994 35
page iv
Western Australia
LEGISLATIVE ASSEMBLY
Rural Business Development Corporation
Bill 2000
A Bill for
An Act to preserve and continue a body corporate as the Rural
Business Development Corporation, to provide for financial
assistance to be given to persons eligible for assistance under
approved assistance schemes, to repeal the Rural Adjustment and
Finance Corporation Act 1993, and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Rural Business Development Corporation Bill 2000
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Rural Business Development
Corporation Act 2000.
5 2. Commencement
This Act comes into operation on a day fixed by proclamation.
3. Objects
The objects of this Act are to preserve and continue a body
corporate as the Rural Business Development Corporation and
10 to confer functions on the Corporation relating to the provision
of financial assistance to foster the development of rural
businesses.
4. Definitions
In this Act, unless the contrary intention appears --
15 "approved assistance scheme" has the meaning given in
section 30;
"board" means the Corporation's board of directors established
by section 12;
"chairman" means the person appointed and holding office
20 under section 12(4) as the chairman of the board;
"chief executive officer" means the person appointed and
holding office under section 19 as the Corporation's chief
executive officer;
"Corporation" means the body corporate preserved and
25 continued by section 5;
"director" means a director of the board, and includes the
chairman;
page 2
Rural Business Development Corporation Bill 2000
Preliminary Part 1
s. 4
"Minister for Lands" means the Minister to whom the
administration of the Land Administration Act 1997 is for
the time being committed;
"officer of the Corporation" means the chief executive officer
5 or a person whose services are used by the Corporation
under section 22;
"repealed Act" means the Rural Adjustment and Finance
Corporation Act 1993.
page 3
Rural Business Development Corporation Bill 2000
Part 2 Rural Business Development Corporation
Division 1 Continuation and status of Corporation
s. 5
Part 2 -- Rural Business Development Corporation
Division 1 -- Continuation and status of Corporation
5. Continuation of Corporation as Rural Business Corporation
(1) The body corporate preserved and continued by section 4(1) of
5 the repealed Act under the name "Rural Adjustment and
Finance Corporation of Western Australia" is preserved and
continued under the name "Rural Business Development
Corporation".
(2) The corporate identity and the rights and obligations of the
10 Corporation are not affected by the operation of subsection (1)
or by the repeal of the repealed Act.
(3) The Corporation has perpetual succession and a common seal.
(4) Proceedings may be taken by or against the Corporation in its
corporate name.
15 (5) The Corporation may use, and operate under, one or more
trading names approved by the Minister.
(6) A trading name can be --
(a) an abbreviation or adaptation of the Corporation's
corporate name; or
20 (b) a name other than the Corporation's corporate name.
6. Corporation is agent of the Crown
The Corporation is an agent of the Crown in right of the State
and has the status, immunities, and privileges of the Crown.
Division 2 -- Functions of Corporation
25 7. Functions of Corporation
(1) The Corporation's functions are --
(a) to administer approved assistance schemes and to ensure
that such schemes administered by the Corporation are
properly and fairly administered;
page 4
Rural Business Development Corporation Bill 2000
Rural Business Development Corporation Part 2
Functions of Corporation Division 2
s. 8
(b) to give directly the financial assistance to be given under
approved assistance schemes administered by the
Corporation;
(c) to provide moneys to a department of the Public Service,
5 or to an agency or instrumentality of the Crown, for the
purposes of the financial assistance to be given under an
approved assistance scheme administered by the
department, agency or instrumentality;
(d) to carry out research into, and develop policies on,
10 issues affecting persons likely to be given financial
assistance under this Act;
(e) to review and give advice to the Minister on --
(i) proposed assistance schemes;
(ii) the implementation of approved assistance
15 schemes; and
(iii) economic and other conditions in the rural
sector;
(f) to perform other functions given to the Corporation
under this Act or another Act; and
20 (g) to perform any other functions that may be prescribed.
(2) An approved scheme administered by a department, agency or
instrumentality referred to in subsection (1)(c) is not
administered on behalf of the Corporation.
8. Delegation of Corporation's functions
25 (1) The Corporation may delegate the performance of any of its
functions under this Act, other than this power of delegation, to
the chief executive officer or a director.
(2) The delegation of a function to the chief executive officer may
authorise the chief executive officer to subdelegate the function
30 to any other officer of the Corporation or any other person in
accordance with any conditions specified in the delegation.
page 5
Rural Business Development Corporation Bill 2000
Part 2 Rural Business Development Corporation
Division 3 Powers of Corporation
s. 9
(3) A function performed by a delegate or subdelegate is taken to be
performed by the Corporation.
(4) A delegate or subdelegate performing a function under this
section is taken to do so in accordance with the terms of the
5 delegation or subdelegation unless the contrary is shown.
(5) Sections 58 and 59 of the Interpretation Act 1984 apply to a
subdelegation under subsection (2) as though it were a
delegation.
(6) A delegation or subdelegation is to be in writing.
10 Division 3 -- Powers of Corporation
9. General powers of Corporation
The Corporation has all the powers it needs to perform its
functions.
10. Power to acquire and dispose of property for schemes
15 (1) Without limiting section 9, the Corporation may, to the extent
and in the manner that is contemplated by and necessary for the
administration by the Corporation of an approved assistance
scheme --
(a) acquire and hold real and personal property; and
20 (b) sell, lease, grant, exchange or otherwise deal with or
dispose of real or personal property on the terms and
conditions that it considers appropriate.
(2) If the written approval of the Minister for Lands has been
obtained, then despite anything in the Land Administration
25 Act 1997 --
(a) the holder of an estate or interest in land under that Act
may dispose of that estate or interest to the Corporation;
and
page 6
Rural Business Development Corporation Bill 2000
Rural Business Development Corporation Part 2
Powers of Corporation Division 3
s. 11
(b) the Corporation may acquire and hold, surrender or
otherwise deal with or dispose of an estate or interest in
land under that Act.
(3) The Minister for Lands may, if satisfied that it is necessary or
5 convenient for the administration by the Corporation of an
approved assistance scheme, transfer the fee simple in, or lease,
any Crown land to the Corporation on the terms and conditions
determined by that Minister.
11. Restrictions on dealings in land applied for approved
10 assistance schemes
(1) In this section --
"Registrar" means the Registrar of Titles or Registrar of
Deeds, according to which of them is responsible for
registering or otherwise acting on a dealing referred to in
15 subsection (2).
(2) If, under an approved assistance scheme, the Corporation
disposes of an estate or interest in land to a person, the
Corporation may deliver a memorial of that disposal to the
Registrar who, for no fee, is to register the memorial and make
20 appropriate endorsements on the title and records relating to that
land.
(3) If a memorial is registered under subsection (2), the Registrar is
not to register or accept for registration without the
Corporation's consent, except as stated in subsection (4), an
25 instrument effecting --
(a) a transfer or assignment of the estate or interest in land;
or
(b) a lease of the land.
(4) Subsection (3) does not prohibit the Registrar from registering
30 or accepting for registration an instrument referred to in that
subsection if --
(a) the Corporation gives to the Registrar an appropriate
authorisation signed by the chairman; and
page 7
Rural Business Development Corporation Bill 2000
Part 2 Rural Business Development Corporation
Division 4 Corporation's board of directors
s. 12
(b) the Registrar endorses the title and records relating to
the land accordingly.
Division 4 -- Corporation's board of directors
12. The board
5 (1) The Corporation is to have a board of directors.
(2) The board is to consist of 5 directors appointed by the Minister.
(3) A person appointed as a director is, in the Minister's opinion, to
have --
(a) qualifications and experience in financial management
10 relevant to the Corporation's functions; or
(b) other qualifications and experience relevant to those
functions.
(4) One of the directors is to be appointed by the Minister as the
Corporation's chairman.
15 (5) The chief executive officer is not eligible to be appointed as, or
be, a director.
13. Functions of board
The board is the governing body of the Corporation and, in the
name of the Corporation, is to perform the functions of the
20 Corporation.
14. Remuneration and allowances of directors
A director is to be paid the remuneration and travelling and
other allowances that are determined in his or her case by the
Minister on the recommendation of the Minister for Public
25 Sector Management.
15. Constitution and proceedings
Schedule 1 has effect in relation to the board's constitution and
proceedings.
page 8
Rural Business Development Corporation Bill 2000
Rural Business Development Corporation Part 2
Relationship of Corporation with the Minister Division 5
s. 16
Division 5 -- Relationship of Corporation with the Minister
16. Minister may give directions
(1) The Minister may in writing give to the Corporation --
(a) general or particular directions relating to matters of
5 administration; or
(b) general directions relating to the performance of the
Corporation's functions,
and the Corporation is to give effect to any such direction.
(2) The Minister is not to give a direction to the Corporation
10 relating to the performance of its functions in relation to --
(a) a particular person;
(b) a particular application under this Act; or
(c) a matter relating to a particular application under this
Act.
15 (3) The Minister is to cause the text of any direction under
subsection (1) to be laid before each House of Parliament, or
dealt with under subsection (4), within 14 days after the
direction is given.
(4) If --
20 (a) at the commencement of the period referred to in
subsection (3) a House of Parliament is not sitting; and
(b) the Minister is of the opinion that that House will not sit
during that period,
the Minister is to transmit a copy of the direction to the Clerk of
25 that House.
(5) A copy of a direction transmitted to the Clerk of a House is to
be regarded --
(a) as having been laid before that House; and
page 9
Rural Business Development Corporation Bill 2000
Part 2 Rural Business Development Corporation
Division 5 Relationship of Corporation with the Minister
s. 17
(b) as being a document published by order or under the
authority of that House.
(6) The laying of a copy of a direction that is regarded as having
occurred under subsection (5)(a) is to be recorded in the
5 Minutes, or Votes and Proceedings, of the House on the first
sitting day of the House after the Clerk received the copy.
(7) The text of a direction under subsection (1) is to be included in
the annual report submitted by the Corporation's accountable
authority under section 66 of the Financial Administration and
10 Audit Act 1985.
17. Minister to have access to information
(1) Except as stated in section 18, the Minister is entitled to have
information in the Corporation's possession and, if the
information is in or on a document, to have, and make and
15 retain copies of, that document.
(2) For the purposes of subsection (1), the Minister may --
(a) request the Corporation to provide information to the
Minister;
(b) request the Corporation to give the Minister access to
20 information; and
(c) for the purposes of paragraph (b), make use of the
Corporation's staff to obtain the information and
provide it to the Minister.
(3) The Corporation is to comply with a request under
25 subsection (2) and make its staff and facilities available to the
Minister for the purposes of paragraph (c) of that subsection.
(4) In this section --
"document" includes any tape, disc or other device or medium
on which information is recorded or stored;
page 10
Rural Business Development Corporation Bill 2000
Rural Business Development Corporation Part 2
Relationship of Corporation with the Minister Division 5
s. 18
"information " means information specified, or of a description
specified, by the Minister that relates to the Corporation's
functions.
18. Confidential information
5 (1) Nothing in section 17 entitles the Minister to have information
in the Corporation's possession that the Corporation considers
to be confidential.
(2) Subsection (1) does not apply to information the disclosure of
which --
10 (a) is required or allowed under another written law; or
(b) is made with the written consent of the person or
persons to whom the information relates.
page 11
Rural Business Development Corporation Bill 2000
Part 3 Staff
s. 19
Part 3 -- Staff
19. Chief executive officer
(1) The Corporation is to have a chief executive officer appointed
under Part 3 of the Public Sector Management Act 1994.
5 (2) Subject to the direction and control of the board, the chief
executive officer is to administer the day to day operations of
the Corporation.
20. Delegation of chief executive officer's functions
(1) The chief executive officer may delegate the performance of
10 any of his or her functions under this Act, other than this power
of delegation, to another officer of the Corporation.
(2) A function performed by a delegate is taken to be performed by
the chief executive officer.
(3) A delegate performing a function under this section is taken to
15 do so in accordance with the terms of the delegation unless the
contrary is shown.
(4) A delegation is to be in writing.
21. Consultants etc.
With the approval of the Minister, the Corporation may engage
20 persons under a contract for services or other arrangement to
provide any professional, technical or other assistance the
Corporation considers necessary to enable it to perform its
functions.
22. Use of other government staff etc.
25 (1) The Corporation may by arrangement with the relevant
employer make use, either full-time or part-time, of the services
of any officer or employee --
(a) in the Public Service;
page 12
Rural Business Development Corporation Bill 2000
Staff Part 3
s. 22
(b) in a State agency or instrumentality; or
(c) otherwise in the service of the Crown in right of the
State.
(2) The Corporation may by arrangement with --
5 (a) a department of the Public Service; or
(b) a State agency or instrumentality,
make use of any facilities of the department, agency or
instrumentality.
(3) An arrangement under subsection (1) or (2) is to be made on the
10 terms agreed to by the parties.
(4) If the services of a person are for the time being used by the
Corporation under subsection (1), that use does not prejudice
any rights of the person under the Public Sector Management
Act 1994, or any other Act, and a period of service given to the
15 Corporation is taken not to be a break in the service in which
that person would otherwise have been employed.
page 13
Rural Business Development Corporation Bill 2000
Part 4 Financial provisions
s. 23
Part 4 -- Financial provisions
23. Funds of Corporation
The funds available for the purpose of enabling the Corporation
to perform its functions consist of --
5 (a) moneys from time to time appropriated by Parliament;
(b) moneys provided by the Commonwealth for the
purposes of a scheme established under an agreement
between the Commonwealth and the State;
(c) moneys received by way of a contribution to, or in
10 support of, an approved assistance scheme;
(d) moneys received by way of repayment of, or interest
paid on, moneys given by the Corporation as financial
assistance under this Act;
(e) moneys borrowed by the Corporation under section 25
15 or 26;
(f) moneys credited to the Account referred to in section 24
under Schedule 2 clause 6;
(g) fees paid to the Corporation under this Act; and
(h) any other moneys lawfully received by, made available
20 to or payable to the Corporation.
24. Rural Business Development Corporation Operating
Account
(1) The funds referred to in section 23 are to be credited to an
account called the Rural Business Development Corporation
25 Operating Account ("the Account") --
(a) at the Treasury that is to form 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.
page 14
Rural Business Development Corporation Bill 2000
Financial provisions Part 4
s. 25
(2) The Account is to be charged with --
(a) the costs of the administration of this Act;
(b) the payment of moneys given by the Corporation as, or
for the purposes of, financial assistance under approved
5 assistance schemes;
(c) the payment of remuneration and allowances to
directors;
(d) the payment of any moneys required to be paid under an
arrangement referred to in section 22(3);
10 (e) interest on, and repayment of, moneys borrowed by the
Authority under section 25 or 26, and any fees payable
in connection with the borrowing of those moneys; and
(f) all other expenditure lawfully incurred under or for the
purposes of this Act.
15 25. Borrowing from Treasurer
The Corporation may borrow from the Treasurer the amounts
that the Treasurer approves on the terms and conditions relating
to repayment and the payment of interest that the Treasurer
imposes.
20 26. Other borrowing
(1) In addition to its powers under section 25, the Corporation may,
with the prior written approval of the Treasurer and on the terms
and conditions that the Treasurer approves, borrow moneys for
the purpose of performing its functions.
25 (2) Any moneys borrowed by the Corporation under subsection (1)
may be raised --
(a) as one loan or as several loans; and
(b) in the manner that the Treasurer approves.
page 15
Rural Business Development Corporation Bill 2000
Part 4 Financial provisions
s. 27
(3) The total amount borrowed by the Corporation under
subsection (1) in any one financial year is not to exceed the
amount that the Treasurer approves.
27. Guarantee by Treasurer
5 (1) The Treasurer may, in the name and on behalf of the Crown in
right of the State, guarantee the payment of any moneys payable
by the Corporation in respect of moneys borrowed by it under
section 26.
(2) A guarantee is to be in the form and contain the terms and
10 conditions that the Treasurer determines.
(3) Before a guarantee is given, the Corporation is to --
(a) give to the Treasurer any security that the Treasurer
requires; and
(b) execute all instruments that are necessary for that
15 purpose.
28. Effect of guarantee
(1) The due payment of moneys payable by the Treasurer under a
guarantee given under section 27 is guaranteed by the State.
(2) Any such payment is to be made by the Treasurer and charged
20 to the Consolidated Fund, and this subsection appropriates that
Fund accordingly.
(3) The Treasurer is to cause to be credited to the Consolidated
Fund any amounts received or recovered from the Corporation
or otherwise in respect of any payment made by the Treasurer
25 under a guarantee given under section 27.
29. Application of Financial Administration and Audit Act 1985
(1) The provisions of the Financial Administration and Audit
Act 1985 regulating the financial administration, audit and
reporting of statutory authorities apply to and in respect of the
30 Corporation and its operations.
page 16
Rural Business Development Corporation Bill 2000
Financial provisions Part 4
s. 29
(2) In addition to the annual report submitted under section 66 of
that Act, the Corporation is to provide to the Minister, promptly
after each month, a written report of its operations during that
month.
page 17
Rural Business Development Corporation Bill 2000
Part 5 Financial assistance
Division 1 Approved assistance schemes
s. 30
Part 5 -- Financial assistance
Division 1 -- Approved assistance schemes
30. Approved assistance schemes
(1) An "approved assistance scheme" is a scheme that --
5 (a) states the purpose and nature of financial assistance that
may be given under the scheme;
(b) identifies the categories of persons eligible to be given
financial assistance under the scheme; and
(c) is approved by the Minister and the Treasurer.
10 (2) An approved assistance scheme may include conditions on
which financial assistance is to be given under the scheme.
(3) The Corporation may give financial assistance only --
(a) under an approved assistance scheme administered, with
the approval of the Minister, by the Corporation; or
15 (b) for the purposes of an approved assistance scheme
administered, with the approval of the Minister, by a
department of the Public Service or an agency or
instrumentality of the Crown.
31. Schemes established under agreements between
20 Commonwealth and State taken to be approved assistance
schemes
A scheme established under an agreement between the
Commonwealth and the State that --
(a) is approved by the Treasurer;
25 (b) provides for financial assistance to be given under the
scheme; and
(c) is administered, with the approval of the Minister, by --
(i) the Corporation; or
page 18
Rural Business Development Corporation Bill 2000
Financial assistance Part 5
Applications for, and grants of, financial assistance Division 2
s. 32
(ii) a department of the Public Service or an agency
or instrumentality of the Crown,
is taken to be an approved assistance scheme.
Division 2 -- Applications for, and grants of,
5 financial assistance
32. Applications for financial assistance
(1) A person who may be eligible for financial assistance under an
approved assistance scheme administered by the Corporation
may apply to the Corporation, in the manner approved by the
10 Corporation, for financial assistance under the scheme.
(2) The Corporation may by written notice require an applicant for
financial assistance to provide any documents or information
the Corporation may require for a proper assessment of the
application or otherwise for the purposes of this Act.
15 (3) The Corporation may refuse to deal with an application made by
a person who, without reasonable excuse, fails to comply with a
requirement under subsection (2).
(4) An applicant must not --
(a) wilfully make a false statement; or
20 (b) wilfully provide false information,
in, or in relation to, an application.
Penalty: $10 000.
(5) The Corporation may refuse an application if the Corporation
considers that granting the application would be inconsistent
25 with --
(a) a provision --
(i) of the approved assistance scheme concerned; or
page 19
Rural Business Development Corporation Bill 2000
Part 5 Financial assistance
Division 3 Other matters
s. 33
(ii) if that scheme is established under an agreement
between the Commonwealth and the State -- of
the agreement;
or
5 (b) a direction given to the Corporation by the Minister in
relation to the administration of that scheme.
(6) If the Corporation refuses an application, the Corporation is to
give the applicant written notice of the reasons for doing so.
33. Grants of financial assistance
10 (1) Subject to the provisions and directions to which subsection (2)
applies, the Corporation may grant an application for financial
assistance on the terms and conditions that it considers
appropriate.
(2) This subsection applies to --
15 (a) the provisions --
(i) of the approved assistance scheme concerned;
and
(ii) if that scheme is established under an agreement
between the Commonwealth and the State -- of
20 the agreement;
and
(b) any directions given to the Corporation by the Minister
in relation to the administration of that scheme.
Division 3 -- Other matters
25 34. Security for payments of financial assistance
(1) Repayment of all payments of financial assistance under an
approved assistance scheme administered by the Corporation,
and payment of interest on those payments, are to be secured to
the Corporation by the best and most appropriate security
30 available in each case, which may be a security that ranks in
priority after another security.
page 20
Rural Business Development Corporation Bill 2000
Financial assistance Part 5
Other matters Division 3
s. 35
(2) The Corporation may --
(a) fix a scale of fees to be charged to applicants for
financial assistance under an approved assistance
scheme administered by the Corporation for the making
5 of necessary arrangements in relation to the taking of
securities; and
(b) require an applicant to pay such a fee.
35. Creditors to provide information
(1) The Corporation may by written notice require a creditor of a
10 person who has applied for financial assistance under an
approved assistance scheme administered by the Corporation to
provide any documents or information in the possession or
under the control of the creditor that the Corporation requires
for the purposes of this Act.
15 (2) A person must not without reasonable excuse fail to comply
with a requirement under subsection (1) within 28 days after
given notice of that requirement.
Penalty: $5 000.
(3) A person must not in purported compliance with a requirement
20 under subsection (1) --
(a) wilfully make a false statement; or
(b) wilfully provide false information.
Penalty: $10 000.
page 21
Rural Business Development Corporation Bill 2000
Part 6 Miscellaneous
s. 36
Part 6 -- Miscellaneous
36. Protection from liability for wrongdoing
(1) An action in tort does not lie against a person for anything that
the person has, in good faith, done in the performance or
5 purported performance of a function under this Act.
(2) The Corporation and the Crown are also relieved of any liability
that either of them might otherwise have had for another person
having done anything as described in subsection (1).
(3) The protection given by this section applies even though the
10 thing done as described in subsection (1) may have been
capable of being done whether or not this Act had been enacted.
(4) In this section, a reference to the doing of anything includes a
reference to an omission to do anything.
37. Confidentiality
15 (1) This section applies to a person --
(a) who is or has been a director or an officer of the
Corporation;
(b) who is or has been engaged by the Corporation under
section 21; or
20 (c) whose services are or have been used by the Corporation
under section 22(1).
(2) A person to whom this section applies must not, directly or
indirectly, record, disclose or make use of any information
obtained in the course of duty except --
25 (a) for the purpose of performing a function under this Act;
(b) as required or allowed by this Act or under another
written law;
(c) with the written consent of the person to whom the
information relates; or
page 22
Rural Business Development Corporation Bill 2000
Miscellaneous Part 6
s. 38
(d) in other prescribed circumstances.
Penalty: $10 000.
38. Common seal and execution of documents
(1) A document is duly executed by the Corporation if --
5 (a) the common seal of the Corporation is affixed to it in
accordance with subsections (2) and (3); or
(b) it is signed on behalf of the Corporation by a person or
persons authorised to do so under subsection (4).
(2) The common seal of the Corporation is not to be affixed to any
10 document except as authorised by the Corporation.
(3) The common seal of the Corporation is to be affixed to a
document in the presence of 2 directors, and each of them is to
sign the document to attest that the common seal was so affixed.
(4) The Corporation may, by writing under its seal, authorise a
15 director or directors or an officer or officers of the Corporation
to sign documents on behalf of the Corporation, either generally
or subject to any conditions or restrictions that are specified in
the authorisation.
(5) A document purporting to be executed in accordance with this
20 section is to be presumed to be duly executed until the contrary
is shown.
(6) A document executed by a person under this section without the
common seal of the Corporation is not to be regarded as a deed
unless the person executes it as a deed and is authorised under
25 subsection (4) to do so.
(7) When a document is produced bearing a seal purporting to be
the common seal of the Corporation, it is to be presumed that
the seal is the common seal of the Corporation until the contrary
is shown.
page 23
Rural Business Development Corporation Bill 2000
Part 6 Miscellaneous
s. 39
39. Time for commencing prosecutions
A prosecution for an offence against this Act may be
commenced at any time within 5 years after the offence was
committed, but not later.
5 40. Regulations
(1) The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
10 (2) Without limiting subsection (1), regulations may be made
prescribing --
(a) fees payable for the provision of any services by the
Corporation;
(b) the procedure to be adopted in relation to any
15 application or proceeding;
(c) the duties and conduct of applicants for assistance under
approved assistance schemes administered by the
Corporation; and
(d) penalties of not more than $2 000 for offences against
20 the regulations.
41. Review of Act
(1) The Minister is to carry out a review of the operation and
effectiveness of this Act as soon as is practicable after the
expiry of 5 years from its commencement.
25 (2) In the course of that review the Minister is to consider and have
regard to --
(a) the effectiveness of the operations of the Corporation;
(b) the need for the continuation of the functions of the
Corporation and for the continuation of this Act; and
page 24
Rural Business Development Corporation Bill 2000
Miscellaneous Part 6
s. 41
(c) any other matters that appear to the Minister to be
relevant to the operation and effectiveness of this Act.
(3) The Minister is to prepare a report based on the review and, as
soon as is practicable after the report is prepared, is to cause the
5 report to be laid before each House of Parliament.
page 25
Rural Business Development Corporation Bill 2000
Part 7 Repeal, transitional provisions and consequential amendments
s. 42
Part 7 -- Repeal, transitional provisions and
consequential amendments
42. Repeal
The Rural Adjustment and Finance Corporation Act 1993 is
5 repealed.
43. Transitional provisions
The transitional provisions set out in Schedule 2 have effect.
44. Consequential amendments
The consequential amendments set out in Schedule 3 have
10 effect.
page 26
Rural Business Development Corporation Bill 2000
The board Schedule 1
Schedule 1 -- The board
[s. 15]
Division 1 -- Constitution and proceedings of the board
1. Term of office
5 (1) Subject to subclause (2), a director holds office for the term, not
exceeding 3 years or, in the case of the chairman, not exceeding
5 years, specified in the instrument of his or her appointment, but may
from time to time be reappointed.
(2) A director whose term of office expires by the passage of time
10 continues in office until the director is reappointed or his or her
successor comes into office.
2. Resignation, removal etc.
(1) The office of a director becomes vacant if the director --
(a) resigns the office by written notice addressed to the Minister;
15 (b) becomes employed by the Corporation;
(c) is an insolvent under administration as that expression is
defined in the Corporations Law;
(d) is absent without leave of the board from 3 consecutive
meetings of the board of which the director has had notice; or
20 (e) is removed from office by the Minister under subclause (2).
(2) The Minister may remove a director from office if the Minister is
satisfied that the director --
(a) has neglected his or her duty;
(b) has misbehaved;
25 (c) is incompetent; or
(d) is suffering from mental or physical incapacity impairing the
performance of his or her functions.
3. Leave of absence
The board may grant leave of absence to a director on the terms and
30 conditions that it thinks fit.
page 27
Rural Business Development Corporation Bill 2000
Schedule 1 The board
4. Chairman unable to act
If the chairman is unable to act by reason of sickness, absence or other
cause, or during any vacancy in that office, a director chosen by the
board is to be deputy chairman and is to perform the functions of the
5 chairman.
5. Director unable to act
(1) If a director other than the chairman is unable to act by reason of
sickness, absence or other cause, the Minister may appoint another
person to act temporarily in his or her place and, while so acting
10 according to the tenor of his or her appointment, that other person is
taken to be a director of the board.
(2) The appointment of a person under subclause (1) may be terminated
at any time by the Minister.
6. Saving
15 No act or omission of a person acting in place of another under
clause 4 or 5 is to be questioned on the ground that the occasion for
his or her appointment or acting had not arisen or had ceased.
7. Meetings
(1) Subject to this clause, meetings of the board are to be held at the times
20 and places that the board determines.
(2) A special meeting of the board may at any time be convened by --
(a) the Minister;
(b) the chairman; or
(c) any 3 directors.
25 (3) The first meeting of the board after this Act comes into operation is to
be convened by the chairman.
8. Presiding officer
(1) The chairman is to preside at all meetings of the board at which the
chairman is present.
page 28
Rural Business Development Corporation Bill 2000
The board Schedule 1
(2) If both the chairman and the deputy chairman, if appointed, are absent
from a meeting, a director chosen by the directors present is to
preside.
9. Quorum
5 A quorum for a meeting of the board is 3 directors.
10. Voting
(1) Each director present at a meeting of the board has a deliberative vote.
(2) If the votes cast on a question at a meeting are equally divided, the
chairman has a casting vote in addition to his or her deliberative vote.
10 11. Chief executive officer
(1) The chief executive officer is to be given notice of the meetings of the
board, and he or she is entitled to attend any meeting and participate
in the discussion of any matter before the meeting.
(2) The chief executive officer is not entitled to vote on any matter before
15 a meeting of the board.
12. Minutes
The board is to cause accurate minutes to be kept of the proceedings
at its meetings and is to submit to the Minister a copy of the minutes
of each meeting within 14 days after the meeting at which the minutes
20 are confirmed.
13. Resolution without meeting
A written resolution signed or assented to by each director by letter or
facsimile is as valid as if it had been passed at a meeting of the board.
14. Holding meetings remotely
25 The presence of a person at a meeting of the board need not be by
attendance in person but may be by that person and each other person
at the meeting being simultaneously in contact by telephone or other
means of instantaneous communication.
page 29
Rural Business Development Corporation Bill 2000
Schedule 1 The board
15. Committees
(1) The board may appoint committees to assist it in the performance of
its functions and may discharge or alter any committee so appointed.
(2) A committee may include persons who are not directors but, unless
5 the Minister approves, is to include at least one person who is a
director or an officer of the Corporation.
(3) Subject to the directions of the board, a committee may determine its
own procedures.
16. Board to determine own procedures
10 Subject to this Act, the board is to determine its own procedures.
Division 2 -- Disclosure of interests etc.
17. Disclosure of interests
(1) A director who has a material personal interest in a matter being
considered or about to be considered by the board must, as soon as
15 possible after the relevant facts have come to the director's
knowledge, disclose the nature of the interest at a meeting of the
board.
Penalty: $5 000.
(2) A disclosure under subclause (1) is to be recorded in the minutes of
20 the meeting.
18. Voting by interested directors
A director who has a material personal interest in a matter that is
being considered by the board --
(a) must not vote whether at a meeting or otherwise --
25 (i) on the matter; or
(ii) on a proposed resolution under clause 19 in respect of
the matter, whether relating to that director or a
different director;
and
page 30
Rural Business Development Corporation Bill 2000
The board Schedule 1
(b) must not be present while --
(i) the matter; or
(ii) a proposed resolution of the kind referred to in
paragraph (a)(ii),
5 is being considered at a meeting.
19. Clause 18 may be declared inapplicable
Clause 18 does not apply if the board has at any time passed a
resolution that --
(a) specifies the director, the interest and the matter; and
10 (b) states that the directors voting for the resolution are satisfied
that the interest should not disqualify the director from
considering or voting on the matter.
20. Quorum where clause 18 applies
(1) If a director is disqualified under clause 18 in relation to a matter, a
15 quorum is present during the consideration of the matter if at least
2 directors are present who are entitled to vote on any motion that
may be moved at the meeting in relation to the matter.
(2) The Minister may deal with a matter to the extent that the board
cannot deal with it because of subclause (1).
20 21. Minister may declare clauses 18 and 20 inapplicable
(1) The Minister may in writing declare that clause 18 or 20 or both of
them do not apply in relation to a specified matter either generally or
in relation to voting on particular resolutions.
(2) Within 14 days after a declaration under subclause (1) is made, the
25 Minister is to cause a copy of the declaration to be laid before each
House of Parliament.
page 31
Rural Business Development Corporation Bill 2000
Schedule 2 Transitional provisions
Schedule 2 -- Transitional provisions
[s. 43]
1. Definitions
In this Schedule --
5 "repealed Act Corporation" means the body corporate preserved
and continued by section 4(1) of the repealed Act;
"repealed Act member" means a person holding office as a member
of the repealed Act Corporation under section 6(1) of the
repealed Act immediately before the commencement of this Act.
10 2. Interpretation Act to apply
This Schedule does not limit the operation of the Interpretation
Act 1984.
3. References to the Corporation under its former name in laws and
documents
15 (1) In this clause --
"former name" means "Rural Adjustment and Finance Corporation
of Western Australia";
"new name" means "Rural Business Development Corporation".
(2) If in a written law or in any agreement, instrument or other document
20 there is --
(a) a reference to the Corporation by its former name; or
(b) a reference construed under section 55 of the repealed Act as
a reference to the Corporation by its former name,
that reference is, unless the context otherwise requires, to be read, or
25 have effect, on and after the commencement of this Act, as if it were a
reference to the Corporation by its new name.
(3) Subclause (2) does not limit section 5(2).
4. Repealed Act members to go out of office
A repealed Act member goes out of office on the commencement of
30 this Act but, subject to this Act, is eligible to be appointed under
section 12 as a director of the Corporation.
page 32
Rural Business Development Corporation Bill 2000
Transitional provisions Schedule 2
5. Chief executive officer of repealed Act Corporation continues in
office
The person holding office as the chief executive officer of the
repealed Act Corporation immediately before the commencement of
5 this Act continues to hold office on and after that commencement as if
the person had been appointed under section 19.
6. Certain funds to be transferred to Rural Business Development
Corporation Operating Account
(1) On the commencement of this Act, any funds standing to the credit
10 of --
(a) the accounts referred to in section 16(1) of the repealed Act
(the "repealed Act accounts"); or
(b) the Rural Adjustment and Finance Corporation
Administration Account referred to in section 22 of the
15 repealed Act (the "Administration Account"),
are to be credited to the Rural Business Development Corporation
Operating Account referred to in section 24 of this Act, and the
repealed Act accounts and the Administration Account are then to be
closed.
20 (2) If in any agreement, instrument or other document there is a reference
to a repealed Act account or the Administration Account, that
reference is, unless the context otherwise requires, to be read, or have
effect, on and after the commencement of this Act, as if it were a
reference to the Rural Business Development Corporation Operating
25 Account.
7. Applications for assistance under repealed Act
An application for assistance under section 24 of the repealed Act in
respect of which a final decision has not been made before the
commencement of this Act is taken to be an application for financial
30 assistance under section 32 of this Act.
8. Grants of assistance under repealed Act
Financial assistance given under section 24 of the repealed Act under
a scheme referred to in section 5(1)(a) of that Act that is being
page 33
Rural Business Development Corporation Bill 2000
Schedule 2 Transitional provisions
administered by the repealed Act Corporation immediately before the
commencement of this Act is taken to have been given under an
approved assistance scheme administered by the Corporation.
9. Transitional regulations
5 (1) If there is no sufficient provision in this Schedule for dealing with the
transition from the repealed Act to this Act, the Governor may make
regulations prescribing all matters that are required, or are necessary
or convenient, for dealing with that transition.
(2) Regulations made under subclause (1) may have effect before the day
10 on which they are published in the Gazette.
(3) To the extent that a regulation made under subclause (1) may have
effect before the day of its publication in the Gazette, it does not --
(a) affect in a manner prejudicial to any person (other than the
State or the Corporation) the rights of that person existing
15 before the day of its publication; or
(b) impose liabilities on any person (other than the State or the
Corporation) in respect of anything done or omitted to be
done before the day of its publication.
page 34
Rural Business Development Corporation Bill 2000
Consequential amendments Schedule 3
Schedule 3 -- Consequential amendments
[s. 44]
1. Constitution Acts Amendment Act 1899
Part 3 of Schedule 5 is amended by deleting "The Rural Adjustment
5 and Finance Corporation of Western Australia preserved and
continued by the Rural Adjustment and Finance Corporation
Act 1993." and inserting instead --
"
The Rural Business Development Corporation preserved
10 and continued by the Rural Business Development
Corporation Act 2000.
".
2. Financial Administration and Audit Act 1985
Schedule 1 is amended by deleting the item "Rural Adjustment and
15 Finance Corporation of Western Australia" and inserting the
following item instead --
" Rural Business Development Corporation ".
3. Public Sector Management Act 1994
Item 41 of Schedule 2 is deleted and the following item is inserted
20 instead --
"
41 Rural Business Development Corporation,
preserved and continued by the Rural Business
Development Corporation Act 2000
25 ".
page 35
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