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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Royalties for Regions Bill 2009
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used 2
4. Object 3
Part 2 -- Royalties for Regions Fund
5. Subsidiary accounts of Fund 4
6. Treasurer to make payments into Fund 4
7. Money credited to Fund 5
8. Limit on amount in Fund 5
9. Application of Fund 5
10. Annual report of Department to include
information about Fund 6
Part 3 -- Western Australian
Regional Development Trust
Division 1 -- Establishment and functions
11. Trust established 7
12. Functions 7
Division 2 -- Constitution and related matters
13. Membership 7
14. Chairperson and deputy chairperson 8
15. Term of office 8
16. Casual vacancies 8
17. Deputy chairperson acting as chairperson 9
18. Alternate members 9
19. Leave of absence 10
20. Remuneration and allowances 10
050--1 page i
Royalties for Regions Bill 2009
Contents
Division 3 -- Meetings
21. Holding meetings 10
22. Presiding at meetings 10
23. Holding meetings remotely 10
24. Disclosure of interests 11
25. Minutes 11
26. Procedure at meetings 11
Division 4 -- Other matters
27. Provision of services and facilities to Trust 12
28. Annual report of Trust 12
29. Protection from liability for wrongdoing 13
30. Confidentiality 13
Part 4 -- Miscellaneous
31. Regulations 14
Part 5 -- Consequential amendment
32. Constitution Acts Amendment Act 1899 amended 15
Defined Terms
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Royalties for Regions Bill 2009
A Bill for
An Act to --
· provide for the operation of the Royalties for Regions Fund; and
· establish the Western Australian Regional Development Trust,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Royalties for Regions Bill 2009
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Royalties for Regions Act 2009.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
10 3. Terms used
11 In this Act --
12 CEO means the chief executive officer of the Department;
13 chairperson means the chairperson of the Trust;
14 Department means the department of the Public Service
15 principally assisting in the administration of Part 3;
16 deputy chairperson means the deputy chairperson of the Trust;
17 Fund means the account called the Royalties for Regions Fund
18 established as a Treasurer's special purpose account under the
19 Financial Management Act 2006 section 10(a);
20 member means a member of the Trust;
21 Minister means the Minister responsible for the administration
22 of Part 3;
23 regional development commission means a body established
24 under the Regional Development Commissions Act 1993 Part 2;
25 regional Western Australia means the regions described in the
26 Regional Development Commissions Act 1993 Schedule 1;
27 Trust means the Western Australian Regional Development
28 Trust established by section 11.
page 2
Royalties for Regions Bill 2009
Preliminary Part 1
s. 4
1 4. Object
2 The object of this Act is to promote and facilitate economic,
3 business and social development in regional Western Australia
4 through the operation of the Fund.
page 3
Royalties for Regions Bill 2009
Part 2 Royalties for Regions Fund
s. 5
1 Part 2 -- Royalties for Regions Fund
2 5. Subsidiary accounts of Fund
3 (1) The Fund is to consist of the following subsidiary accounts --
4 (a) the Country Local Government Fund;
5 (b) the Regional Community Services Fund;
6 (c) the Regional Infrastructure and Headworks Fund;
7 (d) any other account determined by the Treasurer, on the
8 recommendation of the Minister, to be a subsidiary
9 account.
10 (2) The Treasurer, on the recommendation of the Minister, is to
11 determine from time to time the way in which money standing
12 to the credit of the Fund is to be allocated between the
13 subsidiary accounts.
14 6. Treasurer to make payments into Fund
15 (1) In this section --
16 forecast royalty income, for a financial year, means the estimate
17 of royalty income for the financial year set out in --
18 (a) the part of the budget papers for the financial year,
19 tabled in the Legislative Assembly, that is titled
20 "General Government Operating Statement"; or
21 (b) if the regulations prescribe another part of those budget
22 papers -- that other part.
23 (2) In each financial year the Treasurer is to cause to be credited to
24 the Fund an amount equal to 25% of the forecast royalty income
25 for the financial year.
26 (3) The Treasurer is not to cause an amount to be credited under
27 subsection (2) to the extent that to do so would be contrary to
28 section 8.
29 (4) Amounts credited under subsection (2) are to be charged to the
30 Consolidated Account.
page 4
Royalties for Regions Bill 2009
Royalties for Regions Fund Part 2
s. 7
1 7. Money credited to Fund
2 (1) In addition to amounts credited under section 6(2), the Treasurer
3 is to cause to be credited to the Fund --
4 (a) income derived from the investment of money standing
5 to the credit of the Fund; and
6 (b) any other money lawfully made available to the Fund.
7 (2) The Treasurer is not to cause money to be credited to the Fund
8 under subsection (1) to the extent that to do so would be
9 contrary to section 8.
10 8. Limit on amount in Fund
11 The Treasurer is to ensure that the amount of money standing to
12 the credit of the Fund at any time does not exceed $1 billion.
13 9. Application of Fund
14 (1) The Minister, with the Treasurer's concurrence, may authorise
15 the expenditure of money standing to the credit of the Fund for
16 the following purposes --
17 (a) to provide infrastructure and services in regional
18 Western Australia;
19 (b) to develop and broaden the economic base of regional
20 Western Australia;
21 (c) to maximise job creation and improve career
22 opportunities in regional Western Australia.
23 (2) There are to be charged to the Fund --
24 (a) expenditure authorised under subsection (1); and
25 (b) expenditure incurred in the administration of the Fund;
26 and
27 (c) expenditure incurred in the administration of the Trust,
28 including any remuneration or allowances payable to its
29 members; and
page 5
Royalties for Regions Bill 2009
Part 2 Royalties for Regions Fund
s. 10
1 (d) any other expenditure incurred in the administration of
2 this Act.
3 10. Annual report of Department to include information about
4 Fund
5 Without limiting the Financial Management Act 2006
6 section 61, the annual report for a financial year prepared by the
7 accountable authority of the Department under that section is to
8 contain information about the operation of the Fund during the
9 financial year.
page 6
Royalties for Regions Bill 2009
Western Australian Regional Development Trust Part 3
Establishment and functions Division 1
s. 11
1 Part 3 -- Western Australian Regional
2 Development Trust
3 Division 1 -- Establishment and functions
4 11. Trust established
5 A body called the Western Australian Regional Development
6 Trust is established.
7 12. Functions
8 The functions of the Trust are --
9 (a) to provide advice and make recommendations to the
10 Minister for the purposes of sections 5(2) and 9(1); and
11 (b) to provide advice and make recommendations to the
12 Minister on any other matter relating to the operation of
13 the Fund that is referred to it by the Minister.
14 Division 2 -- Constitution and related matters
15 13. Membership
16 (1) The Trust is to consist of --
17 (a) the chairperson of a regional development commission;
18 and
19 (b) at least 3 but not more than 5 other people,
20 appointed by the Minister.
21 (2) In addition to the member appointed under subsection (1)(a) the
22 Minister may appoint one other chairperson of a regional
23 development commission as a member under subsection (1)(b).
24 (3) The Minister may appoint the CEO as a member under
25 subsection (1)(b).
page 7
Royalties for Regions Bill 2009
Part 3 Western Australian Regional Development Trust
Division 2 Constitution and related matters
s. 14
1 (4) The Minister is to ensure that the members of the Trust have,
2 between them, the knowledge and experience needed to enable
3 the Trust's functions under this Act to be effectively performed.
4 14. Chairperson and deputy chairperson
5 The Minister is to designate one of the members to be the
6 chairperson and another to be the deputy chairperson of the
7 Trust.
8 15. Term of office
9 (1) The term for which a person is appointed as a member is to be
10 fixed in the instrument of appointment and, subject to
11 subsection (2), is to be not longer than 3 years.
12 (2) The term for which a chairperson of a regional development
13 commission is appointed as a member is to be 12 months.
14 (3) A person's eligibility for reappointment or the term for which a
15 person may be reappointed is not affected by an earlier
16 appointment.
17 (4) A person whose term of office expires continues in office until
18 another appointment to the office comes into effect unless,
19 under section 16, the person resigns or is removed from office.
20 16. Casual vacancies
21 (1) A member may at any time resign from office by notice in
22 writing delivered to the Minister.
23 (2) The Minister may remove a person who is a member from
24 office on the grounds of --
25 (a) mental or physical incapacity to carry out the person's
26 duties in a satisfactory manner; or
27 (b) the person being an insolvent under administration as
28 that term is defined in the Corporations Act 2001
29 (Commonwealth); or
page 8
Royalties for Regions Bill 2009
Western Australian Regional Development Trust Part 3
Constitution and related matters Division 2
s. 17
1 (c) absence, without leave, from 3 consecutive meetings of
2 the Trust of which the person has had notice; or
3 (d) neglect of duty; or
4 (e) misconduct.
5 (3) The office of a member becomes vacant if, before the term for
6 which the person holding the office was appointed expires, the
7 person dies, resigns or is removed from office.
8 17. Deputy chairperson acting as chairperson
9 (1) If the chairperson is unable to act because of sickness, absence
10 or other cause, or if there is no chairperson, the deputy
11 chairperson is to act in the chairperson's place.
12 (2) An act or omission of the deputy chairperson acting in the
13 chairperson's place cannot be questioned on the ground that the
14 occasion to act in the chairperson's place had not arisen or had
15 ceased.
16 18. Alternate members
17 (1) If a member, other than the chairperson, is unable to act because
18 of sickness, absence or other cause, the Minister may appoint
19 another person as an alternate member to act temporarily in the
20 member's place.
21 (2) If the deputy chairperson is acting in place of the chairperson at
22 a meeting, the Minister may appoint another person as an
23 alternate member to act temporarily as the deputy chairperson.
24 (3) While acting in accordance with his or her appointment an
25 alternate member is to be taken to be, and to have any
26 entitlement of, a member.
27 (4) An act or omission of an alternate member cannot be questioned
28 on the ground that the occasion for the appointment or acting
29 had not arisen or had ceased.
page 9
Royalties for Regions Bill 2009
Part 3 Western Australian Regional Development Trust
Division 3 Meetings
s. 19
1 19. Leave of absence
2 (1) The Minister may grant leave of absence to the chairperson on
3 the terms and conditions the Minister thinks fit.
4 (2) The chairperson may grant leave of absence to another member
5 on the terms and conditions the chairperson thinks fit.
6 20. Remuneration and allowances
7 Members are entitled to any remuneration and allowances that
8 the Minister may from time to time determine on the
9 recommendation of the Minister for Public Sector Management.
10 Division 3 -- Meetings
11 21. Holding meetings
12 (1) The first meeting of the Trust is to be convened by the
13 chairperson.
14 (2) Subsequent meetings are to be held at times and places
15 determined by the Trust.
16 22. Presiding at meetings
17 (1) The chairperson, if present, is to preside at a meeting of the
18 Trust.
19 (2) If neither the chairperson nor the deputy chairperson acting in
20 the chairperson's place is presiding under subsection (1), the
21 members present at the meeting are to appoint one of their
22 number to preside.
23 23. Holding meetings remotely
24 The presence of a person at a meeting of the Trust need not be
25 by attendance in person but may be by that person and each
26 other person at the meeting being simultaneously in contact by
27 telephone or other means of instantaneous communication.
page 10
Royalties for Regions Bill 2009
Western Australian Regional Development Trust Part 3
Meetings Division 3
s. 24
1 24. Disclosure of interests
2 (1) A member who has a direct or indirect pecuniary interest in a
3 matter that is before a meeting of the Trust must, as soon as
4 possible after the relevant facts have come to his or her
5 knowledge, disclose the nature of the interest to the other
6 members who are at that meeting.
7 Penalty: a fine of $12 000.
8 (2) If a member has, in the opinion of the person presiding at a
9 meeting of the Trust, a direct or indirect pecuniary interest in a
10 matter before that meeting, the person presiding may call on the
11 member to disclose the nature of that interest and, in default of
12 any such disclosure, may determine that that interest exists.
13 (3) A disclosure by a member of an interest in a matter or a
14 determination that a member is interested in a matter must be
15 recorded in the minutes of the meeting concerned.
16 (4) A member who has made a disclosure of an interest in a matter,
17 or in respect of whom a determination has been made in relation
18 to a matter, may take part in the consideration or discussion of
19 the matter, but not in advising or making a recommendation to
20 the Minister on the matter.
21 (5) An interest need not be disclosed under this section if it is an
22 interest common to a significant number of persons in the State.
23 25. Minutes
24 The Trust is to cause accurate minutes to be kept of the
25 proceedings at its meetings.
26 26. Procedure at meetings
27 Except as otherwise stated in this Division, the Trust is to
28 determine its own meeting procedures.
page 11
Royalties for Regions Bill 2009
Part 3 Western Australian Regional Development Trust
Division 4 Other matters
s. 27
1 Division 4 -- Other matters
2 27. Provision of services and facilities to Trust
3 (1) The CEO is to ensure that the Trust is provided with such
4 services and facilities as are reasonably necessary to enable it to
5 perform its functions.
6 (2) Without limiting subsection (1), the CEO may, by arrangement
7 with the Trust, and on such terms as are agreed with the Trust,
8 allow the Trust to --
9 (a) make use, either full-time or part-time, of the services of
10 any officer or employee of the Department; and
11 (b) make use of any facilities of the Department.
12 28. Annual report of Trust
13 (1) After the end of each financial year the Trust is to prepare and
14 submit to the Minister a report that contains --
15 (a) information about the activities of the Trust during the
16 financial year; and
17 (b) any other information required by the Minister.
18 (2) The Minister is to cause a copy of the report to be laid before
19 each House of Parliament within 90 days after the end of the
20 financial year to which the report relates or any shorter period
21 that is prescribed by the regulations for the purposes of this
22 subsection.
23 (3) If --
24 (a) at the time a report is submitted to the Minister a House
25 of Parliament is not sitting; and
26 (b) the Minister is of the opinion that that House will not sit
27 before the end of the period referred to in subsection (2),
28 the Minister is to transmit a copy of the report to the Clerk of
29 that House and make the report available to the public.
page 12
Royalties for Regions Bill 2009
Western Australian Regional Development Trust Part 3
Other matters Division 4
s. 29
1 (4) A copy of a report transmitted to the Clerk of a House is to be
2 regarded as having been laid before that House.
3 (5) The laying of a copy of a report that is regarded as having
4 occurred under subsection (4) is to be recorded in the Minutes,
5 or Votes and Proceedings, of the House on the first sitting day
6 of the House after the Clerk received the copy.
7 29. Protection from liability for wrongdoing
8 (1) An action in tort does not lie against a person for anything that
9 the person has done, in good faith, in the performance or
10 purported performance of a function under this Act.
11 (2) The State is also relieved of any liability that it might otherwise
12 have had for a person having done anything as described in
13 subsection (1).
14 (3) The protection given by this section applies even though the
15 thing done as described in subsection (1) may have been
16 capable of being done whether or not this Act had been enacted.
17 (4) In this section, a reference to the doing of anything includes a
18 reference to an omission to do anything.
19 30. Confidentiality
20 A person who is or has been a member must not, directly or
21 indirectly, record, disclose or make use of any information
22 obtained in the course of duty except --
23 (a) for the purpose of performing a function under this Act;
24 or
25 (b) as required or allowed by this Act or another written
26 law; or
27 (c) with the written consent of the person to whom the
28 information relates; or
29 (d) in prescribed circumstances.
30 Penalty: a fine of $12 000.
page 13
Royalties for Regions Bill 2009
Part 4 Miscellaneous
s. 31
1 Part 4 -- Miscellaneous
2 31. Regulations
3 The Governor may make regulations prescribing all matters that
4 are required or permitted by this Act to be prescribed, or are
5 necessary or convenient to be prescribed for giving effect to the
6 purposes of this Act.
page 14
Royalties for Regions Bill 2009
Consequential amendment Part 5
s. 32
1 Part 5 -- Consequential amendment
2 32. Constitution Acts Amendment Act 1899 amended
3 (1) This section amends the Constitution Acts Amendment Act 1899.
4 (2) In Schedule V Part 3 after the item for The Western Australian
5 Post-Secondary Education Commission insert:
6
7 The Western Australian Regional Development Trust established
8 under the Royalties for Regions Act 2009.
9
10
page 15
Royalties for Regions Bill 2009
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
CEO ................................................................................................................ 3
chairperson ...................................................................................................... 3
Department ...................................................................................................... 3
deputy chairperson ........................................................................................... 3
forecast royalty income ................................................................................6(1)
Fund ................................................................................................................ 3
member............................................................................................................ 3
Minister ........................................................................................................... 3
regional development commission.................................................................... 3
regional Western Australia ............................................................................... 3
Trust................................................................................................................ 3
page 16
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