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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
Salaries and Allowances Amendment Bill
1999
A Bill for
An Act to amend the Salaries and Allowances Act 1975 and various
other Acts as a consequence.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Salaries and Allowances
Amendment Act 1999.
page 1
12--1
Salaries and Allowances Amendment Bill 1999
s. 2
2. The Act amended
The amendments in this Act are to the Salaries and Allowances
Act 1975* [unless otherwise indicated].
[* Reprinted as at 26 April 1994.
5 For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 224.]
3. Section 6 amended
Section 6(1) is amended as follows:
(a) after paragraph (d) by deleting "and";
10 (b) after paragraph (e) by deleting the full stop and
inserting --
"
; and
(f) a person who --
15 (i) holds an office of a part-time nature; or
(ii) is a part-time member of a tribunal,
board, or other body,
that is created or established under a written
law and that is prescribed for the purposes of
20 this section other than --
(iii) a person who holds an office referred to
in paragraphs (a) to (e) or section 7;
(iv) a person who is the holder of an office
of a full-time nature created or
25 established under a written law; or
page 2
Salaries and Allowances Amendment Bill 1999
s. 4
(v) a person who is a public service officer
as defined in the Public Sector
Management Act 1994 or a police
officer.
5 ".
4. Consequential amendments
The Acts referred to in Schedule 1 are amended in the manner
set out in that Schedule.
page 3
Salaries and Allowances Amendment Bill 1999
Schedule 1 Consequential amendments
Schedule 1 -- Consequential amendments
[s. 4]
1. Commercial Tribunal Act 1984 amended
(1) The amendments in this clause are to the Commercial Tribunal
5 Act 1984*.
(2) Section 8(1) is amended by deleting "Public Service Board" and
inserting instead --
" Minister for Public Sector Management ".
(3) Section 8(2) is amended by deleting "an officer employed in the
10 Public Service of the State" and inserting instead --
"
a public service officer within the definition of the
Public Sector Management Act 1994
".
15 (4) After section 8(2) the following subsection is inserted --
"
(3) If the Salaries and Allowances Act 1975 applies to the
Tribunal, subsection (1) does not apply to the
Chairman, a Deputy Chairman and the members of a
20 panel established under section 6.
".
[* Act No. 103 of 1984.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p.41]
25 2. Criminal Injuries Compensation Act 1985 amended
Clause 4 of Schedule 1 to the Criminal Injuries Compensation
Act 1985* is amended by deleting "The" and inserting instead --
" Subject to the Salaries and Allowances Act 1975, the ".
[* Reprinted as at 12 February 1997.]
page 4
Salaries and Allowances Amendment Bill 1999
Consequential amendments Schedule 1
3. Equal Opportunity Act 1984 amended
Section 98 of the Equal Opportunity Act 1984* is amended as
follows:
(a) by deleting "A" and inserting instead --
5 " Subject to the Salaries and Allowances Act 1975, a ";
(b) by deleting "Public Service Board" and inserting instead --
" Minister for Public Sector Management ".
[* Reprinted as at 7 May 1999.
For subsequent amendments see Act No. 2 of 1999.]
10 4. Guardianship and Administration Act 1990 amended
(1) The amendments in this clause are to the Guardianship and
Administration Act 1990*.
(2) Section 8(1) is amended by deleting "Public Service Commissioner"
and inserting instead --
15 " Minister for Public Sector Management ".
(3) After section 8(2) the following subsection is inserted --
"
(3) If the Salaries and Allowances Act 1975 applies to the
Board, subsection (1) does not apply but subsection (2)
20 does apply despite any determination under that Act.
".
[* Reprinted as at 21 April 1997.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p.110]
25 5. Legal Practitioners Act 1893 amended
(1) The amendments in this clause are to the Legal Practitioners
Act 1893*.
page 5
Salaries and Allowances Amendment Bill 1999
Schedule 1 Consequential amendments
(2) Section 58Q is amended by deleting "A" and inserting instead --
" Subject to the Salaries and Allowances Act 1975, a ".
(3) Clause 5 of Part C of Schedule 2 is amended as follows:
(a) by inserting before "There" the subclause designation "(1)";
5 (b) by deleting "There" and inserting instead --
"
Subject to the Salaries and Allowances Act 1975,
there
";
10 (c) after subclause (1) by inserting the following subclause --
"
(2) Any fees and allowances paid to a chairman or deputy
chairman of the Disciplinary Tribunal who is a retired judge
do not affect his or her entitlements under the Judges'
15 Salaries and Pensions Act 1950.
".
[* Reprinted as at 27 November 1996.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p.142 and Act No. 26 of 1999.]
20 6. Retirement Villages Act 1992 amended
(1) The amendments in this clause are to the Retirement Villages
Act 1992*.
(2) Section 25(1) is amended as follows:
(a) in paragraph (b) by deleting "Public Service Commissioner"
25 and inserting instead --
" Minister for Public Sector Management ";
(b) by deleting paragraph (d).
(3) Section 25(2) is amended by deleting ", (d)".
page 6
Salaries and Allowances Amendment Bill 1999
Consequential amendments Schedule 1
(4) After section 25(2) the following subsection is inserted --
"
(3) If the Salaries and Allowances Act 1975 applies to the
referee --
5 (a) subsections (1)(b) and (c) and (2) do not apply;
and
(b) where a person holds office as a referee and
also holds another public office for which that
person is remunerated out of the Consolidated
10 Fund, the terms and conditions of office as a
referee in respect of the matter mentioned in
subsection (1)(g) do not apply to that person in
his or her office as a referee except to the extent
that they are more favourable to that person
15 than the terms and conditions of his or her other
public office in respect of that matter.
".
[* Reprinted as at 22 January 1999.]
7. Sentence Administration Act 1995 amended
20 Clause 6(1) of Schedule 1 to the Sentence Administration Act 1995* is
amended by deleting "Members" and inserting instead --
" Subject to the Salaries and Allowances Act 1975, members ".
[* Act No. 77 of 1995.
For subsequent amendments see 1998 Index to Legislation of
25 Western Australia, Table 1, p.228.]
8. Small Claims Tribunals Act 1974 amended
(1) The amendments in this clause are to the Small Claims Tribunals
Act 1974*.
page 7
Salaries and Allowances Amendment Bill 1999
Schedule 1 Consequential amendments
(2) Section 8(1) is amended as follows:
(a) in paragraph (b) by deleting "Public Service Board" and
inserting instead --
" Minister for Public Sector Management ";
5 (b) by deleting paragraph (d).
(3) Section 8(2) is amended by deleting ", (d)".
(4) After section 8(2) the following subsection is inserted --
"
(3) If the Salaries and Allowances Act 1975 applies to the
10 referee --
(a) subsections (1)(b) and (c) and (2) do not apply;
and
(b) where a person holds office as a referee and
also holds another public office for which that
15 person is remunerated out of the Consolidated
Fund, the terms and conditions of office as a
referee in respect of the matter mentioned in
subsection (1)(g) do not apply to that person in
his or her office as a referee except to the extent
20 that they are more favourable to that person
than the terms and conditions of his or her other
public office in respect of that matter.
".
[* Reprinted as at 2 July 1999.]
25 9. Strata Titles Act 1985 amended
(1) The amendments in this clause are to the Strata Titles Act 1985*.
(2) Section 73(1) is amended as follows:
(a) in paragraph (b) by deleting "Public Service Board" and
inserting instead --
30 " Minister for Public Sector Management ";
page 8
Salaries and Allowances Amendment Bill 1999
Consequential amendments Schedule 1
(b) by deleting paragraph (d).
(3) Section 73(2) is amended by deleting ", (d)".
(4) After section 73(2) the following subsection is inserted --
"
5 (3) If the Salaries and Allowances Act 1975 applies to the
referee --
(a) subsections (1)(b) and (c) and (2) do not apply;
and
(b) where a person holds office as a referee and
10 also holds another public office for which that
person is remunerated out of the Consolidated
Fund, the terms and conditions of office as a
referee in respect of the matter mentioned in
subsection (1)(g) do not apply to that person in
15 his or her office as a referee except to the extent
that they are more favourable to that person
than the terms and conditions of his or her other
public office in respect of that matter.
".
20 [* Reprinted as at 1 July 1999.]
10. Young Offenders Act 1994 amended
(1) The amendments in this clause are to the Young Offenders Act 1994*.
(2) Section 155(1) is amended by deleting "Members" and inserting
instead --
25 " Subject to the Salaries and Allowances Act 1975, members ".
(3) Section 155(2) is amended by inserting after "(1)" --
" or the Salaries and Allowances Act 1975 ".
[* Reprinted as at 26 November 1996.
For subsequent amendments see 1998 Index to Legislation of
30 Western Australia, Table 1, p.279.]
page 9
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