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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Statutes (Repeals and Minor
Amendments) Bill 2009
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Repeals
3. Various written laws repealed 3
4. Acts presumed to have been repealed 3
Part 3 -- Amendments
5. Commissioner for Children and Young People
Act 2006 amended 5
6. Energy Legislation Amendment Act 2003 amended 6
7. Family Court Act 1997 amended 7
8. Financial Management (Transitional Provisions)
Act 2006 amended 8
9. Fire Brigades Act 1942 amended 8
10. Consequential amendment to State Administrative
Tribunal Regulations 2004 9
11. Liquor Licensing (Moratorium) Amendment
Act 1985 amended 9
12. Parole and Sentencing Legislation Amendment
Act 2006 amended 9
13. Port Kennedy Development Agreement Act 1992
amended 10
14. Rights in Water and Irrigation Act 1914 amended 10
15. Settlement Agents Act 1981 amended 11
042--2 page i
Statutes (Repeals and Minor Amendments) Bill 2009
Contents
16. University of Notre Dame Australia Act 1989
amended 12
17. Other Acts amended 12
page ii
Western Australia
LEGISLATIVE COUNCIL
(As amended in Committee)
Statutes (Repeals and Minor
Amendments) Bill 2009
A Bill for
An Act to amend the statute law by --
· repealing various written laws; and
· making minor amendments to various other written laws,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Statutes (Repeals and Minor Amendments) Bill 2009
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Statutes (Repeals and Minor Amendments)
4 Act 2009.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act -- on the day after that day.
page 2
Statutes (Repeals and Minor Amendments) Bill 2009
Repeals Part 2
s. 3
1 Part 2 -- Repeals
2 3. Various written laws repealed
3 (1) These Acts are repealed:
4 (a) the Census Act 1891;
5 (b) the Co-opted Medical and Dental Services for the
6 Northern Portion of the State Act 1951;
7 (c) the Fairbridge Farm School Act 1948;
8 (d) the Friendly Societies' Association of Kalgoorlie
9 Investment Validation Act, 1919;
10 (e) the Liquefied Petroleum Gas Subsidy Act 1980;
11 (f) the Members of Parliament, (Legislative Council)
12 Retirement Act 1964;
13 (g) the Miscellaneous Regulations (Validation) Act 1985;
14 (h) the Petroleum Products Subsidy Act 1965;
15 (i) The City Club Act 1965;
16 (j) The Uniforms Act, 1895;
17 (k) the Workmen's Wages Act 1898.
18 (2) These regulations are repealed:
19 (a) the Dampier to Bunbury Pipeline Regulations 1998;
20 (b) the Gas Pipelines Access (Privatized DBNGP System)
21 (Transitional) Regulations 1999.
22 4. Acts presumed to have been repealed
23 It is declared that these Acts were repealed by the Local
24 Government (Superannuation) Legislation Amendment
25 Act 1994:
26 (a) the City of Perth Scheme for Superannuation
27 (Amendments Authorisation) Act, 1941;
28 (b) the City of Perth Scheme for Superannuation
29 (Amendments Authorisation) Act, 1946;
page 3
Statutes (Repeals and Minor Amendments) Bill 2009
Part 2 Repeals
s. 4
1 (c) the City of Perth Scheme for Superannuation
2 (Amendments Authorisation) Act, 1947;
3 (d) the City of Perth Scheme for Superannuation
4 (Amendments Authorisation) Act, 1949;
5 (e) the City of Perth Scheme for Superannuation
6 (Amendments Authorisation) Act, 1954;
7 (f) the City of Perth Scheme for Superannuation
8 (Amendments Authorisation) Act. 1956;
9 (g) the City of Perth Scheme for Superannuation
10 (Amendments Authorisation) Act, 1958.
page 4
Statutes (Repeals and Minor Amendments) Bill 2009
Amendments Part 3
s. 5
1 Part 3 -- Amendments
2 5. Commissioner for Children and Young People Act 2006
3 amended
4 (1) This section amends the Commissioner for Children and Young
5 People Act 2006.
6 (2) In section 5 insert in alphabetical order:
7
8 advisory committee means an advisory committee or
9 reference group established under section 52(1) or (2);
10
11 (3) In section 19:
12 (a) delete paragraph (m);
13 (b) in paragraph (o) delete "section 4." and insert:
14
15 section 4;
16
17 (c) after paragraph (o) insert:
18
19 (p) to perform any other function conferred on the
20 Commissioner by or under this Act or any other
21 written law.
22
23 (4) Delete section 53.
24 (5) Amend the provisions listed in the Table as set out in the Table.
25 Table
Provision Delete Insert
s. 8(1) and (2)(a) his office office
s. 8(2)(b) himself himself or herself
s. 8(2)(c) his his or her
page 5
Statutes (Repeals and Minor Amendments) Bill 2009
Part 3 Amendments
s. 6
Provision Delete Insert
s. 8(2) he may suspend the the Governor may
Commissioner from suspend the
his office. Commissioner from
office.
s. 8(3) When the If the Commissioner
Commissioner has has been suspended
been suspended from from office under
his office under subsection (2), the
subsection (2) he Commissioner is to
shall be be
s. 8(3)(a) his the
s. 8(3)(b) his removal. the removal of the
Commissioner.
s. 22(3) written
s. 52(3) and reference groups
children. children and young
people.
s. 54(1) Subject to The
section 52(2), the
1 6. Energy Legislation Amendment Act 2003 amended
2 (1) This section amends the Energy Legislation Amendment
3 Act 2003.
4 (2) Delete section 109(4) and (5).
5 (3) Delete section 110(4).
6 (4) Delete section 111.
page 6
Statutes (Repeals and Minor Amendments) Bill 2009
Amendments Part 3
s. 7
1 7. Family Court Act 1997 amended
2 (1) This section amends the Family Court Act 1997.
3 (2) In section 33(3):
4 (a) delete paragraph (d) and "or" after it and insert:
5
6 (d) an excluded child order, as defined in
7 subsection (4A); or
8
9 (b) after each of paragraphs (a), (b) and (c) insert:
10
11 or
12
13 (3) After section 33(3) insert:
14
15 (4A) In subsection (3)(d) --
16 excluded child order means --
17 (a) a parenting order to the extent that it provides
18 that --
19 (i) a child is to live with a person; or
20 (ii) a child is to spend time with a person; or
21 (iii) a child is to communicate with a person;
22 or
23 (iv) a person is to have parental
24 responsibility for a child;
25 or
26 (b) an order in relation to the welfare of a child,
27 other than --
28 (c) an order until further order; or
29 (d) an order made in undefended proceedings; or
30 (e) an order made with the consent of all the parties
31 to the proceedings.
page 7
Statutes (Repeals and Minor Amendments) Bill 2009
Part 3 Amendments
s. 8
1 8. Financial Management (Transitional Provisions) Act 2006
2 amended
3 (1) This section amends the Financial Management (Transitional
4 Provisions) Act 2006.
5 (2) Delete Schedule 1 clause 122.
6 9. Fire Brigades Act 1942 amended
7 (1) This section amends the Fire Brigades Act 1942.
8 (2) In section 33:
9 (a) delete "The Director" and insert:
10
11 (1) The Director
12
13 (b) delete paragraph (e) (including subparagraphs (i) and (ii)
14 and the proviso) and insert:
15
16 (e) he shall at all reasonable times have free access
17 to any premises, and if in his opinion there
18 exists in or on any premises any potential
19 danger to life or property from fire or
20 hazardous materials, he may direct or order the
21 owner or occupier of such premises to abate
22 such danger within reasonable time, as named
23 in the requisition;
24
25 (3) At the end of section 33 insert:
26
27 (2) Any person who fails to comply with the requirements
28 of a requisition served under subsection (1)(e) shall be
29 liable on conviction to a penalty not exceeding $2 500,
30 and also to a further penalty not exceeding $100 for
31 every day during which the offence continues after that
32 conviction.
page 8
Statutes (Repeals and Minor Amendments) Bill 2009
Amendments Part 3
s. 10
1 (3) Any person aggrieved by a requisition served under
2 subsection (1)(e) may apply to the State Administrative
3 Tribunal for a review of the requisition and no
4 proceedings shall be instituted against such person
5 pending the hearing of the application or an appeal
6 under the State Administrative Tribunal Act 2004
7 section 105.
8
9 10. Consequential amendment to State Administrative Tribunal
10 Regulations 2004
11 (1) This section amends the State Administrative Tribunal
12 Regulations 2004.
13 (2) In Schedule 5 in the item relating to the Fire Brigades Act 1942
14 delete "or 33(e)(ii)" and insert:
15
16 or 33(3)
17
18 11. Liquor Licensing (Moratorium) Amendment Act 1985
19 amended
20 (1) This section amends the Liquor Licensing (Moratorium)
21 Amendment Act 1985.
22 (2) Delete section 3.
23 12. Parole and Sentencing Legislation Amendment Act 2006
24 amended
25 (1) This section amends the Parole and Sentencing Legislation
26 Amendment Act 2006.
27 (2) Delete section 95(3).
page 9
Statutes (Repeals and Minor Amendments) Bill 2009
Part 3 Amendments
s. 13
1 13. Port Kennedy Development Agreement Act 1992 amended
2 (1) This section amends the Port Kennedy Development Agreement
3 Act 1992.
4 (2) In section 3(1) delete the definition of Department of Land
5 Administration.
6 (3) In section 3(2) delete "by the Graphic Bank Crown Surveys
7 within the Department of Land Administration." and insert:
8
9 by the Western Australian Land Information Authority
10 established by the Land Information Authority
11 Act 2006 section 5.
12
13 (4) In section 7(1) in the definition of chief executive officer delete
14 "Department of Land Administration;" and insert:
15
16 department principally assisting in the administration
17 of the Land Administration Act 1997;
18
19 14. Rights in Water and Irrigation Act 1914 amended
20 (1) This section amends the Rights in Water and Irrigation
21 Act 1914.
22 (2) In section 26C(3a)(a) delete "subsection (1); or" and insert:
23
24 subsection (2); or
25
26 (3) In Schedule 1 clause 39(1)(c):
27 (a) delete "power under -- " and insert:
28
29 power --
30
page 10
Statutes (Repeals and Minor Amendments) Bill 2009
Amendments Part 3
s. 15
1 (b) in subparagraphs (i) and (ii) delete "clause" and insert:
2
3 under clause
4
5 (c) after subparagraph (i) insert:
6
7 or
8
9 (4) Delete Schedule 1 clause 42(1)(b) and insert:
10
11 (b) a security interest (as defined in Part III
12 Division 3E) in a licence is noted on the register
13 referred to in section 26GZI; or
14 (c) the notation referring to such a security interest is
15 removed from the register or any details of the
16 notation in the register are varied, under
17 section 26GZQ,
18
19 15. Settlement Agents Act 1981 amended
20 (1) This section amends the Settlement Agents Act 1981.
21 (2) In section 3(1):
22 (a) delete the definition of Account (referring to the Board
23 Interest Account);
24 (b) insert in alphabetical order:
25
26 Interest Account means the Board Interest Account
27 established under section 103(1);
28
page 11
Statutes (Repeals and Minor Amendments) Bill 2009
Part 3 Amendments
s. 16
1 (3) Amend the provisions listed in the Table as set out in the Table.
2 Table
Provision Delete Insert
s. 49B(1) and (3), Account Interest Account
103(2), 104, 105(a), (each occurrence)
106(2)
s. 105 the Account are the Interest Account
are
s. 106(1) the Account may, the Interest Account
may,
3 Note: The headings to the amended section listed in the Table are to read as
4 set out in the Table.
5 Table
Amended section Section heading
s. 104 Moneys credited to Interest Account
s. 105 Application of Interest Account
s. 106 Investment of Interest Account
6 16. University of Notre Dame Australia Act 1989 amended
7 (1) This section amends the University of Notre Dame Australia
8 Act 1989.
9 (2) In section 3 delete the definition of Provost.
10 (3) Delete section 18.
11 17. Other Acts amended
12 (1) This section amends the Acts listed in the Table.
13 (2) Amend the provisions listed in the Table as set out in the Table.
page 12
Statutes (Repeals and Minor Amendments) Bill 2009
Amendments Part 3
s. 17
1 Table
Provision Delete Insert
1. Adoption Act 1994
s. 119 section 211(1) section 209A
2. Armadale Redevelopment Act 2001
s. 17(8)(a) that section those sections
3. Corruption and Crime Commission Act 2003
s. 91(5) and 203(3) that Division. that Part.
4. Country Areas Water Supply Act 1947
Pt. VIII heading and regulations
5. Credit (Administration) Act 1984
s. 32(7) Part, person Part, the person
6. Criminal and Found Property Disposal Act 2006
s. 18(1)(c) and (d)(i), Consolidated Fund Consolidated
19(1)(d)(i), 29(1), Account
(2)(a)(ii) and (3)(c)
7. East Perth Redevelopment Act 1991
s. 19(8)(a) that section those sections
8. Electricity Industry Act 2004
s. 90 def. of licensee holder of retail holder of a retail
page 13
Statutes (Repeals and Minor Amendments) Bill 2009
Part 3 Amendments
s. 17
Provision Delete Insert
s. 126(5)(a) and (b) circumstances losses circumstances,
losses
9. Employers' Indemnity Supplementation Fund Act 1980
s. 6A(1) credit of the Account credit of the Fund
s. 6A(2) Account to make up Fund to make up
10. Finance Brokers Control Act 1975
s. 50(9) if it thinks if the Commissioner
thinks
11. Housing Act 1980
s. 5(1)(a) def. of the The State Housing the Housing
Account, 62(2)(a) Commission Authority
12. Juries Act 1957
Second Sch. Pt. I juror -- juror, a --
cl. 2
13. Land Administration Act 1997
s. 159 (ea) the Minister (eb) the Minister
(second occurrence)
s. 160(1) (ea) in the case of (eb) in the case of
the Minister the Minister
referred to in referred to in
section 159(ea), section 159(eb),
(second occurrence)
page 14
Statutes (Repeals and Minor Amendments) Bill 2009
Amendments Part 3
s. 17
Provision Delete Insert
14. Land Drainage Act 1925
Pt. X heading and regulations
15. Midland Redevelopment Act 1999
s. 20(7)(a) that section those sections
16. Port Authorities Act 1999
s. 3(1) def. of port section 115; section 115 as
charges affected by
section 136(3);
17. Public Works Act 1902
s. 91(2) such notice; and such notice.
s. 91(3), (4) and (5) May The Governor may
s. 91(3) management; and management.
s. 91(4) one); and one).
18. Sale of Goods Act 1895
s. 60(3) insolvent insolvent
19. Sentencing Act 1995
s. 84E(3) CEO, CEO (corrections),
page 15
Statutes (Repeals and Minor Amendments) Bill 2009
Part 3 Amendments
s. 17
Provision Delete Insert
20. Soil and Land Conservation Act 1945
s. 9(2)(d) body known as the Western Australian
Country Shire Local Government
Councils' Association
Association of W.A.
21. Subiaco Redevelopment Act 1994
s. 21(7)(a) that section those sections
22. Swan and Canning Rivers Management Act 2006
s. 74(4) section 22(2)(a), section 22,
s. 123(10) subsection (3), (5) subsection (5) or (7),
or (7),
any of those either of those
subsections subsections
23. Taxi Act 1994
s. 16(4)(b) subject to
subsection (7),
24. Terrorism (Extraordinary Powers) Act 2005
s. 30(2) Financial Financial
Administration and Management
Audit Act 1985. Act 2006.
25. Tobacco Products Control Act 2006
Sch. 2 cl. 9(1) Account Fund
(first occurrence)
page 16
Statutes (Repeals and Minor Amendments) Bill 2009
Amendments Part 3
s. 17
Provision Delete Insert
Sch. 2 cl. 9(2) Account Fund
(second occurrence)
26. Water Efficiency Labelling and Standards Act 2006
s. 65(1), (2) and (3) Consolidated Fund Consolidated
Account
27. Workers' Compensation and Injury Management Act 1981
Pt. V Div. 3 and 4 Fund Account
headings
1
page 17
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