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Western Australia
State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Various Acts amended to
confer jurisdiction
Division 1 -- Aboriginal Heritage Act 1972
3. The Act amended 3
4. Section 4 amended 3
5. Section 18 amended 3
6. Section 43 amended 3
7. Section 46 amended 4
8. Section 50 amended 4
9. Various references to "Local Court" amended 4
Division 2 -- Adoption Act 1994
10. The Act amended 5
11. Section 10 amended 5
12. Section 143 amended 5
Division 3 -- Aerial Spraying Control Act 1966
13. The Act amended 5
14. Section 8 amended 6
15. Section 13A amended 6
Division 4 -- Agricultural Produce (Chemical
Residues) Act 1983
16. The Act amended 6
17. Section 8 amended 6
18. Section 20 amended 7
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
19. Section 23 amended 7
Division 5 -- Agricultural Produce Commission
Act 1988
20. The Act amended 8
21. Section 16 amended 8
Division 6 -- Agriculture and Related Resources
Protection Act 1976
22. The Act amended 8
23. Section 7 amended 8
24. Section 54 amended 8
Division 7 -- Animal Welfare Act 2002
25. The Act amended 9
26. Heading to Part 5 Division 4 amended 9
27. Section 71 amended 10
28. Section 72 amended 10
29. Section 74 amended 10
30. Section 75 repealed 11
Division 8 -- Architects Act 1921
31. The Act amended 11
32. Part 1 heading amended 11
33. Section 2 amended 11
34. Part 2 heading amended 12
35. Section 10 repealed 12
36. Part 3 heading amended 12
37. Section 12 amended 12
38. Section 14B amended 13
39. Section 14D amended 13
40. Section 16 replaced 14
41. Section 22 amended 14
42. Section 22A amended 14
43. Section 22AB inserted 16
44. Section 25 amended 16
45. Part 4 heading amended 17
46. Part 5 heading amended 17
47. Part 6 heading amended 17
48. Part 7 heading amended 17
49. Section 30 amended 18
50. Section 31 replaced by sections 31 to 31C 18
51. Section 35 amended 23
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
Division 9 -- Armadale Redevelopment Act 2001
52. The Act amended 24
53. Section 50 replaced 24
54. Section 52 amended 24
Division 10 -- Associations Incorporation Act 1987
55. The Act amended 25
56. Section 4 amended 25
57. Section 7 amended 25
58. Section 8 amended 26
59. Section 9 amended 26
60. Section 18 amended 26
61. Section 19 amended 27
Division 11 -- Biological Control Act 1986
62. The Act amended 27
63. Section 3 amended 27
64. Section 54 amended 27
65. Sections 55 to 58 repealed 28
Division 12 -- Births, Deaths and Marriages
Registration Act 1998
66. The Act amended 28
67. Section 67 amended 28
Division 13 -- Boxing Control Act 1987
68. The Act amended 28
69. Part V heading replaced 29
70. Section 34 amended 29
71. Section 40 amended 29
Division 14 -- Bread Act 1982
72. The Act amended 30
73. Section 7 amended 30
Division 15 -- Builders' Registration Act 1939
74. The Act amended 30
75. Section 6 amended 30
76. Section 8 amended 30
77. Section 10D amended 31
78. Section 12A amended 31
79. Section 12D inserted 31
80. Section 13 amended 32
81. Section 13A amended 33
82. Section 14 replaced 34
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
83. Section 17 amended 34
84. Section 17A inserted 34
85. Section 19A inserted 35
86. Section 22 amended 35
87. Section 23B amended 36
88. Section 41 amended 36
89. Section 42 amended 37
Division 16 -- Business Names Act 1962
90. The Act amended 38
91. Section 14 amended 38
92. Section 19 amended 38
Division 17 -- Caravan Parks and Camping
Grounds Act 1995
93. The Act amended 39
94. Section 7 amended 39
95. Section 10 amended 40
96. Section 11 amended 40
97. Section 12 amended 40
98. Section 21 amended 40
99. Section 27 replaced 41
100. Section 28 amended 41
101. Section 34 amended 41
Division 18 -- Cemeteries Act 1986
102. The Act amended 41
103. Section 19 amended 42
Division 19 -- Chattel Securities Act 1987
104. The Act amended 42
105. Section 3 amended 42
106. Section 26 amended 42
107. Sections 27 and 28 repealed 42
108. Section 29 amended 43
Division 20 -- Chicken Meat Industry Act 1977
109. The Act amended 43
110. Section 18 amended 43
111. Section 19A amended 44
Division 21 -- Chiropractors Act 1964
112. The Act amended 44
113. Section 16C amended 44
114. Section 18 amended 45
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
115. Section 20A amended 45
116. Part IVA inserted 46
Division 22 -- Commercial Tenancy (Retail Shops)
Agreements Act 1985
117. The Act amended 51
118. Section 3 amended 51
119. Section 4 amended 52
120. Section 9 amended 52
121. Section 11 amended 52
122. Section 12 amended 52
123. Section 12A amended 53
124. Section 12B amended 53
125. Section 13 amended 53
126. Section 13A amended 54
127. Section 15 amended 55
128. Section 16 amended 55
129. Sections 18 to 25 repealed 56
130. Section 26 amended 56
131. Section 27 amended 56
132. Section 29 repealed 56
Division 23 -- Community Services Act 1972
133. The Act amended 57
134. Section 17C amended 57
Division 24 -- Competition Policy Reform (Western
Australia) Act 1996
135. The Act amended 57
136. Section 45 amended 57
137. Section 52 amended 58
Division 25 -- Consumer Affairs Act 1971
138. The Act amended 58
139. Section 15 amended 59
140. Section 15A amended 59
141. Section 19 amended 59
142. Section 20 amended 60
143. Section 21 amended 60
144. Section 23 amended 60
145. Section 24 amended 60
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
Division 26 -- Consumer Credit (Western Australia)
Act 1996
146. The Act amended 61
147. Section 7 amended 61
Division 27 -- Control of Vehicles (Off-road Areas)
Act 1978
148. The Act amended 61
149. Section 33 replaced 62
Division 28 -- Co-operative and Provident Societies
Act 1903
150. The Act amended 62
151. Section 6 amended 62
152. Section 8 amended 63
Division 29 -- Country Areas Water Supply
Act 1947
153. The Act amended 63
154. Section 12BE amended 63
155. Section 12C amended 63
156. Section 12D amended 64
157. Part VI Division 2 heading amended 64
158. Section 58 amended 64
159. Section 59 amended 64
160. Section 60 amended 65
161. Sections 60A and 60B inserted 66
162. Section 61 amended 67
163. Section 62 amended 67
164. Section 62A amended 67
Division 30 -- Country Towns Sewerage Act 1948
165. The Act amended 68
166. Heading amended 68
167. Section 61 amended 68
168. Section 62 amended 68
169. Section 63 amended 69
170. Sections 63A and 63B inserted 70
171. Section 64 amended 71
172. Section 65 amended 71
173. Section 65A amended 71
Division 31 -- Credit Act 1984
174. The Act amended 72
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
175. Section 5 amended 72
176. Section 85B amended 72
177. Section 86 amended 72
178. Section 167A amended 73
179. Section 167B amended 73
180. Section 170 amended 73
Division 32 -- Credit (Administration) Act 1984
181. The Act amended 73
182. Section 3 repealed 73
183. Section 4 amended 74
184. Section 9 amended 74
185. Section 10 amended 74
186. Section 11 amended 75
187. Section 12 amended 75
188. Section 13 amended 77
189. Section 14 amended 77
190. Section 22 amended 77
191. Section 23 amended 78
192. Part II Division 4 heading replaced 80
193. Section 24 replaced 80
194. Section 25 amended 81
195. Section 28 amended 81
196. Section 29 amended 81
197. Section 30 amended 81
198. Section 32 amended 82
199. Section 33 amended 82
200. Section 34 amended 83
201. Section 35 amended 83
202. Section 36 amended 84
203. Section 39 amended 84
204. Section 40 repealed 84
205. Section 43 amended 85
206. Section 44 amended 85
207. Section 56 amended 85
208. Section 57 amended 86
209. Section 60 amended 86
210. Schedule 1 repealed 87
211. Various references to "Tribunal" amended 87
212. Various references to "Registrar" amended 88
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
Division 33 -- Cremation Act 1929
213. The Act amended 89
214. Section 8 amended 89
Division 34 -- Dangerous Goods Safety Act 2003
215. The Act amended 89
216. Section 67 amended 89
217. Schedule 1 amended 90
Division 35 -- Dangerous Goods (Transport)
Act 1998
218. The Act amended 90
219. Section 4 amended 90
220. Section 8 amended 90
Division 36 -- Debt Collectors Licensing Act 1964
221. The Act amended 91
222. Section 3 amended 91
223. Section 8 amended 91
224. Section 9 amended 93
225. Section 10 amended 93
226. Section 11 replaced 95
227. Section 12 amended 96
228. Section 12A inserted 96
229. Section 15 amended 97
230. Section 20 amended 97
231. Section 21 amended 98
Division 37 -- Dental Act 1939
232. The Act amended 98
233. Section 14C amended 98
234. Section 15 amended 99
235. Section 18 amended 99
236. Section 23 amended 99
237. Part IV inserted 99
238. Section 30 amended 105
239. Section 30A amended 106
240. Section 30B repealed 107
241. Section 31 amended 107
242. Section 33 replaced 108
243. Section 45 amended 108
244. Section 48 amended 108
245. Section 63 repealed 108
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
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Division 38 -- Dental Prosthetists Act 1985
246. The Act amended 108
247. Section 12 amended 108
248. Sections 19A to 19F inserted 109
249. Section 20 amended 114
250. Section 21 amended 115
251. Section 22 replaced 116
252. Section 30A inserted 116
Division 39 -- Dog Act 1976
253. The Act amended 117
254. Section 7 amended 117
255. Section 14 amended 117
256. Section 16A amended 117
257. Section 17 amended 118
258. Section 26 amended 119
259. Section 27 amended 120
260. Section 29 amended 120
261. Section 33E amended 120
262. Section 33F amended 121
263. Section 33G amended 123
264. Section 33H amended 125
265. Section 33I amended 126
266. Section 33J amended 127
267. Section 33L amended 127
268. Section 36 amended 127
269. Section 40 amended 128
270. Various references to "appeal" amended 129
Division 40 -- East Perth Redevelopment Act 1991
271. The Act amended 129
272. Section 45 replaced 129
273. Section 47 amended 130
Division 41 -- Electricity Act 1945
274. The Act amended 131
275. Section 32 amended 131
276. Section 33 inserted 132
Division 42 -- Employment Agents Act 1976
277. The Act amended 133
278. Section 4 amended 133
279. Section 10A amended 133
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
280. Section 11 repealed 134
281. Sections 11B to 11D repealed 134
282. Section 11E amended 134
283. Section 19 amended 135
284. Section 20 amended 135
285. Section 22 amended 135
286. Sections 23 and 24 repealed 136
287. Section 25 amended 136
288. Section 28 amended 137
289. Section 30 amended 137
290. Section 31 amended 138
291. Section 46 amended 138
292. Section 47 amended 139
293. Section 48 amended 139
294. Section 49 amended 139
295. Section 52 amended 139
296. Various references to "licensing officer" amended 140
Division 43 -- Energy Coordination Act 1994
297. The Act amended 140
298. Section 11ZH amended 140
299. Section 22 amended 142
Division 44 -- Equal Opportunity Act 1984
300. The Act amended 143
301. Section 4 amended 143
302. Section 67 amended 143
303. Section 83 amended 144
304. Section 93A amended 144
305. Part VIII and Part VIII Division 1 headings replaced 144
306. Section 96 replaced 144
307. Sections 97 to 104 repealed 145
308. Part VIII Division 2 heading amended 145
309. Sections 108 to 112 repealed 145
310. Sections 118 to 121 repealed 145
311. Section 122 amended 145
312. Sections 124 and 125 repealed 145
313. Section 126 amended 145
314. Sections 128 to 134 repealed 145
315. Section 135 amended 146
316. Section 136 amended 146
317. Section 147 amended 146
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
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318. Section 148 repealed 146
319. Section 149 amended 147
320. Section 150 amended 147
321. Section 152 amended 148
322. Section 153 amended 148
323. Section 154 amended 148
324. Section 155 amended 148
325. Section 165 amended 148
326. Section 166 amended 149
327. Section 167 amended 149
328. Section 169 amended 150
Division 45 -- Explosives and Dangerous Goods
Act 1961
329. The Act amended 150
330. Section 52 amended 150
Division 46 -- Fair Trading Act 1987
331. The Act amended 151
332. Section 5 amended 151
333. Section 45 amended 151
334. Section 46 amended 151
335. Various references to "Commercial Tribunal"
amended 151
Division 47 -- Finance Brokers Control Act 1975
336. The Act amended 152
337. Section 4 amended 152
338. Heading to Part II Division 3 replaced 152
339. Sections 19 to 22 repealed 152
340. Section 23 replaced 153
341. Section 24 amended 153
342. Section 25 amended 153
343. Section 30 amended 154
344. Section 32 amended 154
345. Section 33 amended 154
346. Section 34 amended 154
347. Sections 34A and 34B inserted 154
348. Section 35 amended 155
349. Section 56 repealed 155
350. Section 82 replaced 156
351. Section 83 amended 156
352. Section 86 amended 157
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
353. Section 95 amended 157
354. Various references to "District Court" amended 158
Division 48 -- Fire and Emergency Services
Authority of Western Australia Act 1998
355. The Act amended 158
356. Section 36ZA amended 158
357. Part 6A Division 8 heading amended 159
358. Section 36ZF amended 159
359. Section 36ZG repealed 159
360. Section 36ZH amended 159
Division 49 -- Fire Brigades Act 1942
361. The Act amended 160
362. Section 25A amended 160
363. Section 33 amended 160
Division 50 -- Firearms Act 1973
364. The Act amended 161
365. Section 22 amended 161
366. Section 34 amended 161
367. Schedule 3 repealed 162
Division 51 -- First Home Owner Grant Act 2000
368. The Act amended 162
369. Section 3 amended 162
370. Part 2 Division 6 heading amended 162
371. Part 2 Division 6 Subdivision 3 heading amended 162
372. Section 31 amended 163
373. Section 32 amended 163
374. Part 2 Division 6 Subdivision 4 heading deleted 163
375. Section 33 repealed 163
Division 52 -- Fish Resources Management
Act 1994
376. The Act amended 164
377. Section 4 amended 164
378. Part 14 and Part 14 Division 1 headings replaced 164
379. Section 146 amended 164
380. Section 147 amended 164
381. Section 148 amended 166
382. Section 149 amended 167
383. Section 150 amended 167
384. Section 151 and 152 replaced 168
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
385. Section 153 to 162 repealed 169
386. Section 238 amended 169
387. Section 244 amended 169
388. Section 250 amended 169
389. Section 255 amended 169
390. Section 258 amended 170
Division 53 -- Fisheries Adjustment Schemes
Act 1987
391. The Act amended 170
392. Section 3 amended 170
393. Section 14J amended 171
394. Section 14L amended 171
395. Section 14M amended 171
396. Section 14N amended 171
397. Part 4 Division 2 repealed 172
398. Section 15B amended 172
Division 54 -- Fishing and Related Industries
Compensation (Marine Reserves) Act 1997
399. The Act amended 172
400. Section 3 amended 172
401. Section 8 amended 172
402. Section 9 amended 173
403. Section 10 amended 173
404. Section 11 amended 174
405. Section 12 amended 174
Division 55 -- Gas Standards Act 1972
406. The Act amended 174
407. Section 13A amended 175
408. Section 13B replaced 178
409. Section 13C replaced by sections 13C and 13CA 179
Division 56 -- Gender Reassignment Act 2000
410. The Act amended 180
411. Section 17 amended 180
412. Section 21 amended 180
Division 57 -- Guardianship and Administration
Act 1990
Subdivision 1 -- Amendments to the Act
413. The Act amended 181
414. Long title amended 181
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
415. Section 3 amended 181
416. Section 4 amended 182
417. Part 3 and Part 3 Division 1 headings replaced 183
418. Section 5 replaced 183
419. Sections 6 to 12 repealed 183
420. Part 3 Division 2 heading deleted 183
421. Section 13 amended 184
422. Sections 14 to 15A repealed 184
423. Section 16 amended 184
424. Section 17 amended 185
425. Section 17A amended 185
426. Section 17B amended 186
427. Sections 17C and 17D repealed 186
428. Section 19 amended 186
429. Section 33 amended 186
430. Part 3 Division 4 repealed 186
431. Section 40 amended 187
432. Section 41 amended 187
433. Section 42 repealed 187
434. Section 55 amended 187
435. Section 56A amended 187
436. Section 59 amended 187
437. Section 60 amended 188
438. Section 61 repealed 188
439. Section 80 amended 188
440. Section 82 amended 189
441. Section 85 amended 189
442. Section 86 amended 190
443. Section 87 amended 190
444. Section 88 amended 190
445. Section 89 amended 191
446. Section 90 amended 191
447. Section 97 amended 191
448. Section 104A amended 192
449. Section 106 amended 192
450. Section 108 amended 192
451. Section 111 amended 192
452. Section 112 amended 193
453. Section 113 amended 193
454. Section 114 amended 193
455. Section 116 repealed 193
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
456. Section 117 amended 193
457. Section 120 amended 194
458. Sections 121 to 123 repealed 194
459. Schedule 1 amended 194
460. Schedule 3 amended 195
461. Various references to "Board" amended 195
Subdivision 2 -- Amendments needed because Act
amended
462. Disability Services Act 1993 amended 199
463. Electoral Act 1907 amended 199
464. Industrial Relations Act 1979 amended 199
Division 58 -- Hairdressers Registration Act 1946
465. The Act amended 201
466. Section 7 amended 201
467. Section 14C amended 202
468. Section 16 amended 202
469. Section 16A inserted 204
470. Section 17 amended 205
471. Section 18 amended 205
472. Section 18A and 18B inserted 205
473. Section 19 amended 206
474. Section 20 amended 206
Division 59 -- Health Act 1911
475. The Act amended 206
476. Section 36 amended 207
477. Section 37 repealed 207
478. Section 62 amended 207
479. Section 63 amended 207
480. Section 137 amended 208
481. Section 165 amended 208
482. Section 166 amended 208
483. Section 187 amended 208
484. Section 192 amended 208
485. Section 244 amended 209
486. Section 246Y amended 209
487. Section 246ZG amended 210
488. Section 246ZI amended 210
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
Division 60 -- Health Services (Conciliation and
Review) Act 1995
489. The Act amended 210
490. Section 10 amended 210
491. Section 26 amended 211
492. Section 46 amended 211
493. Section 52 amended 211
494. Section 54 amended 212
495. Section 55 amended 212
Division 61 -- Heritage of Western Australia
Act 1990
496. The Act amended 213
497. Section 3 amended 213
498. Section 30 amended 213
499. Section 37 amended 213
500. Section 42 amended 213
501. Section 59 amended 214
502. Section 60 amended 215
503. Section 76 amended 215
504. Various references to "Tribunal" amended 216
505. Various references to "Town Planning Appeal
Tribunal" amended 216
Division 62 -- Hire-Purchase Act 1959
506. The Act amended 217
507. Section 3 amended 217
508. Section 12A amended 218
509. Section 36A amended 218
Division 63 -- Hope Valley-Wattleup
Redevelopment Act 2000
510. The Act amended 219
511. Section 29 amended 219
512. Section 31 amended 219
Division 64 -- Hospitals and Health Services
Act 1927
Subdivision 1 -- Amendments to the Act
513. The Act amended 220
514. Section 26H amended 221
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
Subdivision 2 -- Amendment needed because Act
amended
515. Acts Amendment (Hospitals) Act 1985 amended 221
Division 65 -- Housing Societies Act 1976
516. The Act amended 221
517. Section 87 amended 222
Division 66 -- Human Reproductive Technology
Act 1991
518. The Act amended 222
519. Section 3 amended 222
520. Section 14 amended 222
521. Section 19 amended 222
522. Section 29 amended 223
523. Section 32 amended 223
524. Section 33 amended 223
525. Section 36 amended 224
526. Section 36A inserted 225
527. Section 37 amended 225
528. Section 38 replaced 226
529. Section 39 amended 227
530. Section 40 amended 227
531. Heading to Part 4 Division 4 amended 230
532. Section 42 amended 230
533. Section 43 amended 231
534. Section 49 amended 231
535. Section 54 amended 231
536. Section 57 amended 231
537. Various references to "licensing authority" amended 232
Division 67 -- Jetties Act 1926
538. The Act amended 233
539. Section 7 amended 233
540. Section 7A amended 233
Division 68 -- Land Administration Act 1997
Subdivision 1 -- Amendments to the Act
541. The Act amended 234
542. Section 125 amended 234
543. Section 126 amended 234
544. Section 151 amended 235
545. Section 207 amended 235
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
546. Section 210 amended 235
547. Section 214 amended 236
548. Section 218 amended 236
549. Section 222 amended 236
550. Section 224 amended 237
551. Section 225 amended 238
552. Sections 226 and 227 replaced 239
553. Section 228 repealed 240
554. Section 229 amended 240
555. Section 230 amended 240
556. Section 231 replaced 241
557. Sections 232 to 240 repealed 242
558. Section 241 amended 242
559. Section 243 amended 242
560. Section 244 amended 243
561. Sections 245 to 247 repealed 243
562. Section 249 amended 243
563. Section 256 amended 243
564. Various references to "appeal" amended 243
565. Various references to "a Compensation Court"
amended 244
566. Various references to "Compensation Court" amended 244
Subdivision 2 -- Amendments needed because Act
amended
567. Mining Act 1978 amended 245
568. Water Agencies (Powers) Act 1984 amended 245
Division 69 -- Land Drainage Act 1925
569. The Act amended 246
570. Section 85 amended 246
571. Heading to Part VII Division 4 amended 246
572. Section 98 amended 246
573. Section 99 amended 246
574. Section 99A amended 247
575. Sections 99AA and 99AB inserted 248
576. Section 99B amended 249
577. Section 99C amended 249
578. Section 99D amended 250
579. Section 108 amended 250
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
Division 70 -- Land Tax Assessment Act 2002
580. The Act amended 251
581. Section 41 amended 251
Division 71 -- Land Valuers Licensing Act 1978
582. The Act amended 251
583. Section 4 amended 251
584. Part II Division 1 heading replaced 251
585. Part II Division 2 replaced 252
586. Section 17 amended 257
587. Section 18 amended 257
588. Section 19 amended 257
589. Section 19A inserted 257
590. Section 20A inserted 258
591. Section 21 amended 258
592. Section 27 replaced 259
593. Section 28 amended 259
594. Section 31 amended 259
595. Section 36 amended 260
Division 72 -- Legal Contribution Trust Act 1967
596. The Act amended 260
597. Section 28 amended 260
Division 73 -- Legal Practice Act 2003
598. The Act amended 261
599. Section 3 amended 261
600. Section 17 amended 261
601. Section 38 amended 262
602. Section 39 amended 262
603. Section 40 amended 262
604. Section 63 amended 263
605. Section 71 amended 263
606. Section 85 amended 263
607. Section 132 amended 263
608. Section 149 amended 264
609. Section 156 amended 264
610. Section 164 amended 264
611. Part 12 Division 2 Subdivision 2 repealed 264
612. Section 176 amended 264
613. Section 180 amended 264
614. Section 181 amended 265
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
615. Part 12 Division 5 heading amended 265
616. Sections 183 and 184 repealed 265
617. Sections 191 to 193 repealed 265
618. Part 12 Division 6 heading amended 265
619. Section 196 amended 265
620. Section 197 amended 266
621. Section 198 amended 266
622. Section 199 amended 267
623. Section 201 amended 267
624. Section 202 replaced 267
625. Section 205 amended 267
626. Section 248 amended 268
627. Section 249 amended 268
628. Section 250 amended 268
629. Section 250A inserted 268
630. Section 251 amended 270
631. Section 252 amended 270
632. Schedule 2 amended 270
633. Schedule 3 repealed 270
634. Various references to "appeal to the Supreme Court"
amended 271
635. Various references to "Disciplinary Tribunal"
amended 271
636. Various references to "Supreme Court" amended 272
637. Various references to "the Court" amended 272
638. Various references to "Judge" amended 273
639. Various references to "Disciplinary" deleted 273
Division 74 -- Legal Practitioners Act 1893
640. The Act amended 274
641. Section 3 amended 274
642. Section 6 amended 274
643. Section 7C amended 275
644. Section 14C amended 275
645. Section 25 amended 276
646. Section 28A amended 276
647. Section 28B amended 276
648. Section 28C amended 277
649. Sections 28D, 28E and 29 repealed 277
650. Section 29A amended 277
651. Section 29B repealed 277
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
652 Section 30 amended 278
653. Section 31 repealed 278
654. Section 31AA amended 278
655. Section 31B amended 278
656. Section 31C amended 278
657. Section 31D amended 279
658. Section 31E amended 279
659. Section 31F amended 280
660. Section 31G amended 280
661. Section 58B amended 280
662. Section 58I amended 281
663. Section 58W amended 281
664. Section 81 amended 281
665. Section 83 amended 281
666. Section 83A inserted 282
667. Schedule 2 amended 283
668. Various references to "Disciplinary Tribunal"
amended 285
669. Various references to "a Judge" amended 285
670. Various references to "the Judge" amended 286
Division 75 -- Licensed Surveyors Act 1909
671. The Act amended 286
672. Section 8 replaced by sections 8, 8A, 8B and 8C 286
673. Section 20A amended 291
674. Section 20B inserted 291
675. Section 21 amended 292
676. Section 21AA inserted 295
677. Section 22 replaced 296
678. Section 22A replaced 296
679. Section 25C amended 297
680. Section 26 amended 298
Division 76 -- Litter Act 1979
681. The Act amended 298
682. Section 25 amended 298
Division 77 -- Local Government (Miscellaneous
Provisions) Act 1960
683. The Act amended 299
684. Section 295 amended 299
685. Section 374 amended 300
686. Section 374A amended 301
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
687. Section 399 amended 301
688. Section 401 amended 301
689. Section 401A amended 303
690. Section 409A amended 303
691. Section 413 amended 303
Division 78 -- Local Government Act 1995
692. The Act amended 304
693. Section 2.27 amended 304
694. Section 2.32 amended 304
695. Section 3.25 amended 305
696. Section 6.1 amended 305
697. Section 6.3 amended 305
698. Section 6.32 amended 305
699. Section 6.58 amended 305
700. Section 6.59 amended 306
701. Heading to Part 6 Division 6 Subdivision 7 amended 306
702. Section 6.77 amended 306
703. Section 6.78 amended 307
704. Section 6.79 replaced by sections 6.79 and 6.79B 307
705. Section 6.80 amended 308
706. Section 6.81 amended 308
707. Section 6.82 amended 308
708. Section 7.13 amended 309
709. Heading to Part 9 Division 1 amended 309
710. Section 9.4 amended 309
711. Section 9.5 amended 310
712. Section 9.7 amended 310
713. Section 9.8 repealed 311
714. Section 9.9 amended 311
715. Section 9.29 amended 312
716. Schedule 9.1 amended 312
Division 79 -- Maritime Archaeology Act 1973
717. The Act amended 312
718. Section 18 amended 312
Division 80 -- Marketing of Eggs Act 1945
719. The Act amended 314
720. Section 32 amended 314
721. Section 32H amended 314
722. Section 32J amended 315
page xxii
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
Division 81 -- Marketing of Potatoes Act 1946
723. The Act amended 315
724. Section 19A replaced 315
725. Section 28 amended 315
726. Section 31 amended 316
Division 82 -- Medical Act 1894
727. The Act amended 316
728. Section 3 amended 316
729. Part II heading amended 316
730. Section 6 amended 317
731. Section 8 amended 317
732. Section 8AA inserted 317
733. Section 8A amended 318
734. Section 9 amended 318
735. Section 10 amended 318
736. Sections 12BA to 12H inserted 319
737. Section 13 amended 326
738. Section 16A amended 332
739. Section 17 amended 332
740. Section 17A inserted 333
741. Section 21CA amended 333
742. Section 21CD amended 333
743. Section 21G amended 334
744. Section 22 amended 335
745. Section 22A inserted 336
Division 83 -- Mental Health Act 1996
746. The Act amended 337
747. Section 3 amended 337
748. Section 7 amended 338
749. Section 10 amended 338
750. Part 2 Division 5 repealed 338
751. Section 76 amended 338
752. Section 101 amended 339
753. Section 102 amended 339
754. Section 103 amended 339
755. Section 106 amended 339
756. Section 112 amended 340
757. Section 115 amended 340
758. Section 120 amended 340
759. Section 124 amended 341
page xxiii
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
760. Heading to Part 6 amended 341
761. Heading to Part 6 Division 1 amended 341
762. Part 6 Division 1 Subdivision 1 repealed 341
763. Heading to Part 6 Division 1 Subdivision 2 repealed 341
764. Section 129 amended 341
765. Section 130 amended 342
766. Section 131 repealed 343
767. Heading to Part 6 Division 1 Subdivision 3 repealed 343
768. Sections 132, 133 and 134 repealed 343
769. Section 135 amended 343
770. Section 136 repealed 343
771. Section 137 amended 343
772. Section 138 amended 344
773. Section 139 amended 344
774. Section 141 amended 345
775. Section 142 amended 346
776. Section 143 amended 346
777. Section 144 repealed 346
778. Section 145 amended 346
779. Section 146 replaced 347
780. Sections 147 and 148 repealed 347
781. Heading to Part 6 Division 3 amended 347
782. Section 149 amended 348
783. Section 150 amended 348
784. Section 151 amended 348
785. Section 152 amended 349
786. Section 153 amended 349
787. Sections 154 and 155 repealed 349
788. Section 170 amended 349
789. Section 171 amended 350
790. Section 203 amended 350
791. Section 213 amended 351
792. Section 215 amended 351
793. Schedule 1 repealed 351
794. Schedule 2 amended 351
Division 84 -- Metropolitan Region Town Planning
Scheme Act 1959
795. The Act amended 353
796. Section 32A amended 354
797. Section 35F amended 354
page xxiv
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
798. Section 36 amended 355
799. Section 43 amended 355
Division 85 -- Metropolitan Water Authority
Act 1982
800. The Act amended 356
801. Section 4 amended 356
802. Heading to Part IV amended 356
803. Section 43 amended 357
804. Sections 44 and 45 inserted 359
Division 86 -- Metropolitan Water Supply,
Sewerage, and Drainage Act 1909
805. The Act amended 360
806. Section 57D amended 360
807. Section 57G amended 361
808. Section 152 amended 361
Division 87 -- Midland Redevelopment Act 1999
809. The Act amended 361
810. Section 52 amended 361
811. Section 54 amended 362
Division 88 -- Motor Vehicle Dealers Act 1973
812. The Act amended 363
813. Section 6 amended 363
814. Sections 13A to 13D inserted 363
815. Section 14 repealed 368
816. Section 18 amended 368
817. Section 18A amended 368
818. Section 19A amended 369
819. Section 20 amended 369
820. Section 20A amended 371
821. Section 20C replaced 371
822. Section 20D amended 372
823. Section 22 replaced 372
824. Section 22A amended 373
825. Section 32O amended 373
826. Section 37B amended 374
827. Section 38 amended 374
828. Section 51 amended 374
829. Various references to "District Court" amended 375
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
Division 89 -- Motor Vehicle Drivers Instructors
Act 1963
830. The Act amended 375
831. Section 10 amended 375
Division 90 -- Nurses Act 1992
832. The Act amended 376
833. Section 4 amended 376
834. Section 20 amended 376
835. Section 37 amended 377
836. Section 43 amended 377
837. Section 44 amended 377
838. Section 54 amended 377
839. Section 57 amended 378
840. Section 59 amended 378
841. Sections 59A to 59C inserted 379
842. Section 60 amended 381
843. Section 63 amended 381
844. Section 64 amended 382
845. Sections 65 to 68 repealed 382
846. Section 69 amended 382
847. Section 70 amended 383
848. Section 71 amended 383
849. Section 73 amended 383
850. Section 74 amended 384
851. Section 76 amended 384
852. Section 77 amended 384
853. Section 78 replaced 384
854. Section 82 amended 384
Division 91 -- Occupational Therapists Registration
Act 1980
855. The Act amended 385
856. Section 9 amended 385
857. Section 15 amended 385
858. Section 17 amended 386
859. Section 21 amended 386
860. Section 23 amended 386
861. Section 27A amended 386
862. Part IVA inserted 387
863. Section 28 amended 392
864. Section 28A inserted 394
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
865. Section 29 amended 395
866. Section 31 repealed 395
867. Section 32 amended 395
868. Section 33 replaced 395
869. Section 34 amended 396
870. Section 38 amended 396
Division 92 -- Optical Dispensers Act 1966
871. The Act amended 396
872. Section 3 amended 396
873. Section 5 amended 396
874. Section 6 amended 397
875. Sections 6A to 6F inserted 398
876. Section 7 amended 403
877. Section 8 amended 404
878. Section 10 amended 404
879. Section 11 amended 405
880. Section 11A inserted 405
Division 93 -- Optometrists Act 1940
881. The Act amended 406
882. Section 17 amended 406
883. Section 21 amended 406
884. Sections 25A to 25F inserted 406
885. Section 26 amended 411
886. Section 27 repealed 412
887. Section 28 amended 412
888. Section 29 amended 413
889. Section 30 amended 413
890. Section 31 replaced 414
891. Section 42 amended 414
Division 94 -- Osteopaths Act 1997
892. The Act amended 415
893. Section 3 amended 415
894. Section 10 amended 415
895. Section 11 amended 415
896. Section 15 amended 415
897. Section 20 amended 415
898. Section 28 amended 416
899. Section 31 amended 416
900. Section 36 amended 416
901. Section 37 amended 416
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
902. Section 41 amended 417
903. Section 44 amended 417
904. Section 48 amended 418
905. Section 49 amended 418
906. Section 50 amended 419
907. Section 54 amended 419
908. Section 55 amended 419
909. Section 63 amended 420
910. Section 64 amended 420
911. Heading to Part 5 Division 6 replaced 420
912. Sections 65 to 69 repealed 420
913. Section 70 amended 421
914. Sections 71 to 73 repealed 423
915. Section 74 amended 423
916. Section 80 amended 424
917. Section 81 amended 424
918. Section 83 repealed 424
919. Section 87 amended 424
920. Section 88 amended 424
921. Section 89 replaced 425
922. Section 90 amended 425
923. Schedule 1 amended 426
Division 95 -- Painters' Registration Act 1961
924. The Act amended 426
925. Section 14B amended 426
926. Section 16 amended 426
927. Section 16A repealed 427
928. Section 16B replaced 428
929. Section 16E amended 428
930. Section 16G amended 428
931. Section 16H amended 429
932. Section 16I amended 429
933. Section 18 replaced by sections 18, 18A and 18B 430
934. Section 22 amended 431
935. Section 23B amended 431
Division 96 -- Pawnbrokers and Second-hand
Dealers Act 1994
936. The Act amended 432
937. Section 20 amended 432
938. Section 22 amended 432
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
939. Section 27 amended 433
940. Part 2 Division 3 heading replaced 434
941. Section 29 repealed 434
942. Section 30 amended 434
943. Section 31 repealed 434
944. Section 32 amended 435
945. Section 33 amended 435
946. Section 34 amended 436
947. Section 35 amended 436
948. Section 73 amended 436
949. Section 92 amended 436
950. Section 93 amended 437
Division 97 -- Pay-roll Tax Assessment Act 2002
951. The Act amended 437
952. Section 41 amended 438
Division 98 -- Pearling Act 1990
953. The Act amended 438
954. Section 23 amended 438
955. Section 31 amended 438
956. Part 12 heading amended 439
957. Section 33 amended 439
958. Section 34 amended 440
959. Schedule 2 amended 440
Division 99 -- Perth Parking Management Act 1999
960. The Act amended 441
961. Section 17 amended 441
Division 100 -- Petroleum (Submerged Lands)
Act 1982
962. The Act amended 441
963. Section 87 amended 441
964. Section 88 amended 442
965. Section 92 amended 442
Division 101 -- Petroleum Act 1967
966. The Act amended 443
967. Section 12 amended 443
968. Section 81 amended 443
969. Section 82 amended 443
970. Section 85 amended 444
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
Division 102 -- Petroleum Pipelines Act 1969
971. The Act amended 444
972. Section 54 amended 445
Division 103 -- Petroleum Retailers Rights and
Liabilities Act 1982
973. The Act amended 445
974. Section 5 amended 445
Division 104 -- Pharmacy Act 1964
975. The Act amended 447
976. Section 16C amended 447
977. Sections 17 and 18 repealed 448
978. Section 22 amended 448
979. Section 23 amended 448
980. Section 26 amended 448
981. Section 27 repealed 449
982. Sections 31A to 31F inserted 449
983. Section 32 replaced 454
984. Section 32B replaced 456
985. Section 33 amended 456
986. Section 47 amended 457
Division 105 -- Physiotherapists Act 1950
987. The Act amended 457
988. Section 7C amended 457
989. Section 8 amended 458
990. Sections 10A to 10F inserted 458
991. Section 16 amended 463
Division 106 -- Pig Industry Compensation
Act 1942
992. The Act amended 463
993. Section 8 amended 464
Division 107 -- Plant Diseases Act 1914
994. The Act amended 464
995. Section 18 amended 464
996. Section 22 amended 465
Division 108 -- Plant Pests and Diseases
(Eradication Funds) Act 1974
997. The Act amended 465
998. Section 13 amended 465
page xxx
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
Division 109 -- Podiatrists Registration Act 1984
999. The Act amended 466
1000. Section 8 amended 466
1001. Section 16 amended 466
1002. Section 22 amended 466
1003. Section 27A amended 467
1004. Section 28 amended 467
1005. Section 28A inserted 469
1006. Section 29 replaced 471
1007. Section 30 repealed 471
1008. Section 31 replaced by sections 31 to 31C 472
1009. Section 32 amended 477
1010. Section 33 replaced 477
1011. Section 34 amended 477
1012. Section 35 amended 478
1013. Section 38 amended 478
Division 110 -- Poisons Act 1964
1014. The Act amended 478
1015. Section 29 amended 478
1016. Section 64 amended 478
Division 111 -- Psychologists Registration Act 1976
1017. The Act amended 479
1018. Section 3 amended 479
1019. Section 18A amended 479
1020. Section 21 amended 480
1021. Section 29 amended 480
1022. Section 35 amended 480
1023. Section 39 amended 481
1024. Section 39A inserted 483
1025. Section 40 replaced 484
1026. Section 41 amended 484
1027. Section 42 replaced 485
1028. Sections 42A, 42B and 42C inserted 488
1029. Section 43 amended 490
1030. Section 44 replaced 490
1031. Section 45 amended 490
1032. Section 46 amended 490
1033. Section 47 amended 491
1034. Section 48 amended 491
1035. Section 50 amended 491
page xxxi
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
Division 112 -- Public Meetings and Processions
Act 1984
Subdivision 1 -- Amendments to the Act
1036. The Act amended 491
1037. Section 3 amended 491
1038. Section 4 amended 492
1039. Section 8 amended 492
1040. Section 9 amended 492
1041. Various references to "or order" deleted 493
Subdivision 2 -- Amendment needed because Act
amended
1042. Police Act 1892 amended 493
Division 113 -- Racing Penalties (Appeals) Act 1990
Subdivision 1 -- Amendments to the Act
1043. The Act amended 494
1044. Long title amended 494
1045. Section 3 amended 494
1046. Part 2 heading replaced 494
1047. Part 2 Division 1 repealed 495
1048. Part 2 Division 2 heading deleted 495
1049. Sections 10 and 11 repealed 495
1050. Section 12 amended 495
1051. Section 13 amended 495
1052. Section 14 repealed 498
1053. Section 15 amended 498
1054. Part 2 Division 3 heading deleted 499
1055. Section 16 repealed 499
1056. Section 17 replaced 499
1057. Sections 18 and 19 repealed 499
1058. Sections 20 to 23 repealed 499
1059. Section 24 amended 500
1060. Sections 25 and 26 repealed 501
1061. Schedule repealed 501
Subdivision 2 -- Transitional provisions
1062. Transitional provisions in relation to funds 501
Division 114 -- Radiation Safety Act 1975
1063. The Act amended 502
1064. Section 12 amended 502
1065. Section 54 amended 502
page xxxii
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
Division 115 -- Rail Safety Act 1998
1066. The Act amended 503
1067. Section 16 amended 503
1068. Section 17 amended 503
1069. Section 18 amended 503
1070. Section 20 amended 503
1071. Schedule 1 amended 504
Division 116 -- Real Estate and Business Agents
Act 1978
1072. The Act amended 505
1073. Part II Division 3 heading amended 505
1074. Sections 19 to 22 repealed 505
1075. Section 23 replaced 505
1076. Section 23C amended 506
1077. Section 24 amended 506
1078. Section 25 amended 506
1079. Section 30 amended 507
1080. Section 31 amended 507
1081. Section 33 amended 507
1082. Sections 34A and 34B inserted 507
1083. Section 43 amended 508
1084. Section 48 amended 508
1085. Section 49 amended 509
1086. Sections 50A and 50B inserted 509
1087. Section 53 amended 510
1088. Section 76 repealed 510
1089. Section 102 amended 511
1090. Section 103 amended 512
1091. Section 124B amended 512
1092. Section 135 amended 513
1093. Section 139 amended 514
1094. Section 145 amended 514
1095. Schedule amended 514
1096. Various references to "Board" amended 514
1097. Various references to "District Court" amended 515
Division 117 -- Retirement Villages Act 1992
1098. The Act amended 515
1099. Section 3 amended 515
1100. Part 4 Division 1 heading replaced 516
1101. Sections 23 to 26 repealed 516
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
1102. Part 4 Divisions 2 and 3 repealed 516
1103. Part 4 Division 4 heading deleted 516
1104. Sections 38 to 41 repealed 516
1105. Section 42 replaced 516
1106. Section 43 repealed 516
1107. Section 44 amended 517
1108. Sections 45 to 47 repealed 517
1109. Section 48 amended 517
1110. Sections 49 to 51 repealed 517
1111. Part 4 Division 5 heading amended 517
1112. Sections 53 and 55 repealed 517
1113. Section 56 amended 517
1114. Sections 71 to 73 repealed 517
1115. Section 74 amended 518
1116. Section 75 amended 518
1117. Section 76 repealed 518
1118. Section 81 repealed 518
1119. Section 82 amended 518
1120. Various references to "Tribunal" amended 518
Division 118 -- Rights in Water and Irrigation
Act 1914
1121. The Act amended 520
1122. Section 26B amended 520
1123. Part III Division 3B amended 520
1124. Section 26GG amended 520
1125. Section 26GH amended 521
1126. Section 26GI amended 521
1127. Section 26GJ replaced 522
1128. Section 26M amended 522
1129. Section 27B amended 523
1130. Section 39E amended 523
1131. Section 39F amended 523
1132. Section 39G amended 524
1133. Sections 39GA and 39GB inserted 525
1134. Section 39H amended 526
1135. Section 39I amended 526
1136. Schedule 2 repealed 526
Division 119 -- Road Traffic Act 1974
1137. The Act amended 526
1138. Section 25 amended 527
page xxxiv
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
1139. Section 48 amended 527
1140. Section 49 amended 527
1141. Section 78B amended 527
Division 120 -- Royal Agricultural Society Act 1926
1142. The Act amended 528
1143. Section 2 amended 528
1144. Section 3 amended 528
Division 121 -- Security and Related Activities
(Control) Act 1996
1145. The Act amended 528
1146. Section 48 amended 528
1147. Section 55 amended 529
1148. Part 7 Division 4 heading replaced 529
1149. Section 67 amended 529
1150. Section 68 amended 531
1151. Part 7 Division 5 heading replaced 532
1152. Section 71 repealed 532
1153. Section 72 replaced 533
1154. Sections 73 and 74 replaced 534
1155. Section 81 amended 535
1156. Section 94 amended 536
Division 122 -- Settlement Agents Act 1981
1157. The Act amended 536
1158. Section 3 amended 536
1159. Part II Division 3 heading replaced 536
1160. Sections 19 to 22 repealed 536
1161. Section 23 replaced 537
1162. Section 24 amended 537
1163. Section 25 amended 538
1164. Section 30 amended 538
1165. Section 33 amended 538
1166. Section 34 amended 538
1167. Section 34A and 34B inserted 538
1168. Section 57 repealed 539
1169. Section 83 replaced 540
1170. Section 84 amended 540
1171. Section 102B amended 541
1172. Section 112 amended 541
1173. Section 123 amended 542
1174. Various references to "District Court" amended 542
page xxxv
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
Division 123 -- Soil and Land Conservation
Act 1945
1175. The Act amended 543
1176. Section 25B amended 543
1177. Section 33 repealed 543
1178. Section 34 amended 543
1179. Section 34A amended 544
1180. Section 39 amended 544
1181. Section 39A repealed 545
1182. Section 48 amended 545
Division 124 -- Stamp Act 1921
1183. The Act amended 545
1184. Section 75JA amended 545
1185. Section 75JB amended 545
Division 125 -- State Superannuation Act 2000
1186. The Act amended 545
1187. Section 13 amended 546
1188. Section 38 amended 546
Division 126 -- Strata Titles Act 1985
1189. The Act amended 546
1190. Section 3 amended 547
1191. Section 3B amended 547
1192. Section 16 amended 547
1193. Section 21G amended 548
1194. Section 21T amended 548
1195. Section 23 amended 548
1196. Section 24 amended 549
1197. Section 25 amended 549
1198. Section 25B amended 549
1199. Section 26 amended 549
1200. Section 27 amended 551
1201. Section 38 amended 552
1202. Section 39 amended 552
1203. Section 39A amended 552
1204. Section 47 amended 552
1205. Section 62 amended 553
1206. Section 64 amended 553
1207. Part VI Division 1 repealed 553
1208. Section 77 amended 553
page xxxvi
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
1209. Section 77A repealed 554
1210. Section 79 amended 554
1211. Part VI Division 2A repealed 554
1212. Part VI Division 3 heading amended 554
1213. Section 81 amended 554
1214. Section 82 amended 555
1215. Section 83 amended 556
1216. Section 84 amended 556
1217. Section 85 amended 556
1218. Section 89 amended 557
1219. Section 97 amended 557
1220. Section 98 amended 557
1221. Section 99 amended 557
1222. Section 99A amended 557
1223. Section 102 amended 557
1224. Section 103F amended 558
1225. Section 103H amended 558
1226. Section 104 amended 558
1227. Sections 105, 106 and 107 repealed 558
1228. Section 110 repealed 558
1229. Section 111 amended 559
1230. Section 113 amended 559
1231. Section 114 amended 559
1232. Section 115 amended 560
1233. Sections 116 to 119 repealed 560
1234. Sections 128 repealed 560
1235. Section 130 amended 560
1236. Schedule 3 amended 561
1237. Schedule 4 amended 561
1238. Various references to "referee" amended 562
1239. Various references to "by a referee" deleted 565
1240. Various references to "he is" deleted 565
Division 127 -- Subiaco Redevelopment Act 1994
1241. The Act amended 566
1242. Section 52 amended 566
1243. Section 54 amended 566
Division 128 -- Swan River Trust Act 1988
1244. The Act amended 567
1245. Section 68 amended 567
page xxxvii
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
Division 129 -- Taxation Administration Act 2003
1246. The Act amended 568
1247. Section 16 amended 568
1248. Section 17 amended 568
1249. Part 4 heading amended 568
1250. Section 31 amended 568
1251. Section 32 amended 569
1252. Section 33 amended 569
1253. Section 34 amended 569
1254. Section 38 amended 570
1255. Part 4 Division 3 heading amended 571
1256. Section 40 amended 571
1257. Section 41 repealed 571
1258. Section 42 amended 571
1259. Section 43 amended 572
1260. Section 43A inserted 573
1261. Section 47 amended 574
1262. Section 56 amended 574
1263. Section 57 amended 574
1264. Section 59 amended 574
1265. Glossary amended 575
Division 130 -- Taxi Act 1994
1266. The Act amended 575
1267. Section 20 amended 575
1268. Section 22 amended 575
1269. Section 23 amended 576
1270. Section 30 amended 576
1271. Section 37 amended 577
1272. Section 38 repealed 577
Division 131 -- Town Planning and Development
Act 1928
Subdivision 1 -- Amendments to the Act
1273. The Act amended 577
1274. Section 2 amended 577
1275. Section 7B amended 578
1276. Section 8A amended 579
1277. Section 8B amended 580
1278. Section 10AA amended 580
1279. Section 17 amended 580
page xxxviii
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
1280. Section 18 amended 580
1281. Section 26 amended 581
1282. Section 28A amended 582
1283. Part V heading replaced 582
1284. Sections 36 and 37 replaced 582
1285. Section 38 amended 584
1286. Section 39 repealed 586
1287. Part V Divisions 2 and 3 repealed 586
1288. Part V Division 4 heading deleted 586
1289. Sections 47 to 57 repealed 586
1290. Section 58 amended 586
1291. Section 59 repealed 587
1292. Section 60 amended 587
1293. Section 61 amended 588
1294. Section 62 replaced 589
1295. Sections 63 to 65 repealed and section 63 inserted 589
1296. Section 66 amended 589
1297. Sections 67 and 68 repealed 590
1298. Part V Division 5 heading deleted 590
1299. Section 69 amended 590
1300. Section 70 amended 591
1301. Section 71 amended 592
1302. Part V Division 6 heading deleted 593
1303. Section 72 replaced 593
1304. Sections 73 to 75 repealed 594
1305. The First Schedule amended 594
1306. Schedules 3 and 4 repealed 594
Subdivision 2 -- Amendments needed because Act
amended
1307. Planning Appeals Amendment Act 2002 amended 595
Subdivision 3 -- Transitional provisions
1308. Ministerial referrals 595
1309. References to Committee and Tribunal 596
1310. Entitlements 596
Division 132 -- Transport Co-ordination Act 1966
1311. The Act amended 597
1312. Section 47Z amended 597
1313. Section 47ZF amended 597
1314. Section 57 amended 597
1315. Section 60 amended 598
page xxxix
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
Division 133 -- Travel Agents Act 1985
1316. The Act amended 598
1317. Section 3 amended 598
1318. Section 9 amended 599
1319. Section 10 amended 599
1320. Section 11 amended 599
1321. Section 12 amended 600
1322. Section 13 amended 601
1323. Section 18 amended 602
1324. Section 20 amended 602
1325. Section 21 amended 602
1326. Section 22 amended 604
1327. Part II Division 4 heading amended 604
1328. Section 23 replaced 605
1329. Section 24 replaced 606
1330. Section 25 repealed 606
1331. Section 30 amended 606
1332. Section 33 amended 607
1333. Section 37 amended 607
1334. Section 38 amended 607
1335. Section 39 amended 607
1336. Sections 42 to 47 repealed 608
1337. Section 52 amended 608
1338. Section 54 repealed 608
1339. Section 58 amended 608
1340. Part V repealed 609
1341. Various references to "Tribunal" amended 609
1342. Various references to "Registrar" amended 610
Division 134 -- Valuation of Land Act 1978
1343. The Act amended 611
1344. Section 4 amended 611
1345. Section 13 amended 611
1346. Part IV heading amended 611
1347. Section 32 amended 611
1348. Section 33 amended 612
1349. Section 34 amended 612
1350. Section 34A amended 613
1351. Section 35 amended 613
1352. Section 36 amended 614
1353. Sections 36A and 36B inserted 614
page xl
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
Division 135 -- Veterinary Preparations and Animal
Feeding Stuffs Act 1976
1354. The Act amended 615
1355. Section 40 amended 615
1356. Section 68 amended 616
Division 136 -- Veterinary Surgeons Act 1960
1357. The Act amended 616
1358. Section 2 amended 617
1359. Section 16AC amended 617
1360. Section 16A amended 617
1361. Section 16B amended 618
1362. Section 22 amended 618
1363. Section 23 amended 619
1364. Section 24 amended 621
1365. Section 24A amended 622
1366. Section 24B amended 623
1367. Section 26E amended 623
1368. Section 26F amended 623
1369. Section 31 amended 624
Division 137 -- Water Boards Act 1904
1370. The Act amended 624
1371. Heading amended 624
1372. Section 87 amended 624
1373. Section 88 amended 625
1374. Section 89 amended 626
1375. Sections 89A and 89B inserted 627
1376. Section 90 amended 628
1377. Section 91 amended 628
1378. Section 91A amended 628
Division 138 -- Water Services Coordination
Act 1995
1379. The Act amended 628
1380. Section 21 amended 629
1381. Part 3 Division 8 heading replaced 629
1382. Section 44 amended 629
1383. Section 54 amended 630
1384. Section 57 amended 630
1385. Section 59H amended 630
1386. Schedule 3 amended 631
page xli
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Contents
Division 139 -- Waterways Conservation Act 1976
1387. The Act amended 632
1388. Section 46 amended 632
1389. Section 76 amended 632
Division 140 -- Western Australian Marine
Act 1982
1390. The Act amended 632
1391. Section 3 amended 633
1392. Section 10 amended 633
1393. Section 11 replaced 633
1394. Section 127 amended 634
Division 141 -- Western Australian Meat Industry
Authority Act 1976
1395. The Act amended 635
1396. Section 22 amended 635
Division 142 -- Western Australian Planning
Commission Act 1985
1397. The Act amended 635
1398. Section 18 amended 635
1399. Section 25 amended 636
1400. Section 29 amended 636
1401. Section 32 amended 637
1402. Section 37E amended 637
1403. Section 37J amended 638
Part 3 -- Certain Acts repealed
1404. Commercial Tribunal Act 1984 repealed 640
1405. Land Valuation Tribunals Act 1978 repealed 640
Part 4 -- Other amendments
1406. Constitution Acts Amendment Act 1899 amended 641
1407. Financial Administration and Audit Act 1985
amended 642
1408. Parliamentary Commissioner Act 1971 amended 642
Part 5 -- Some transitional issues
1409. General principles governing transfer of jurisdiction 643
1410. Regulations about transitional issues 644
page xlii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Bill 2003
A Bill for
An Act to amend certain Acts to confer jurisdiction in certain
matters on the State Administrative Tribunal, to repeal certain other
Acts, to make consequential amendments, to deal with related
matters, and to provide for transitional matters.
The Parliament of Western Australia enacts as follows:
page 1
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the State Administrative Tribunal
(Conferral of Jurisdiction) Amendment and Repeal Act 2003.
5 2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
page 2
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Aboriginal Heritage Act 1972 Division 1
s. 3
Part 2 -- Various Acts amended to confer jurisdiction
Division 1 -- Aboriginal Heritage Act 1972
3. The Act amended
The amendments in this Division are to the Aboriginal Heritage
5 Act 1972*.
[* Reprinted as at 16 February 2001.]
4. Section 4 amended
Section 4 is amended by inserting after the definition of "person
of Aboriginal descent" --
10 "
"proceedings under this Act" includes a proceeding
commenced under this Act before the State
Administrative Tribunal;
".
15 5. Section 18 amended
(1) Section 18(5) is amended by deleting all of the subsection after
"he may" and inserting instead --
"
apply to the State Administrative Tribunal for a review
20 of the decision.
".
(2) Section 18(6) is repealed.
6. Section 43 amended
(1) Section 43(3) is amended by deleting "Local Court at Perth"
25 and inserting instead --
" State Administrative Tribunal ";
(2) Section 43(6) is repealed.
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 1 Aboriginal Heritage Act 1972
s. 7
7. Section 46 amended
(1) Section 46(3) is amended by deleting all of the subsection after
"notice may" and inserting instead --
"
5 apply to the State Administrative Tribunal for a review
of the decision of the Minister.
".
(2) Section 46(4) and (6) are repealed.
(3) Section 46(5) is amended as follows:
10 (a) by deleting "appeal was duly made against" and
inserting instead --
" application was made for a review of ";
(b) by deleting "appeal" in both of the other places where it
occurs and inserting instead --
15 " application ".
8. Section 50 amended
Section 50 is amended by inserting after "in any court" --
" or tribunal ".
9. Various references to "Local Court" amended
20 The Act is amended by deleting "Local Court" in each place
specified in the Table to this section and inserting instead --
" State Administrative Tribunal ".
Table
s. 43(4) (both places)
s. 43(5) (both places)
s. 44
s. 47(2)
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Adoption Act 1994 Division 2
s. 10
Division 2 -- Adoption Act 1994
10. The Act amended
The amendments in this Division are to the Adoption Act 1994*.
[* Reprinted as at 2 January 2001.
5 For subsequent amendments see Act No. 8 of 2003.]
11. Section 10 amended
Section 10(f) is amended by deleting all of the paragraph after
"right" and inserting instead --
"
10 to apply to the State Administrative Tribunal for
a review of a decision of the Minister as to an
application or licence;
".
12. Section 143 amended
15 Section 143(4)(g) is amended by deleting all of the paragraph
after "right" and inserting instead --
"
to apply to the State Administrative Tribunal
for a review of a decision as to an application
20 or as to accreditation;
".
Division 3 -- Aerial Spraying Control Act 1966
13. The Act amended
The amendments in this Division are to the Aerial Spraying
25 Control Act 1966*.
[* Reprint approved 28 August 1983.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 7.]
page 5
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 4 Agricultural Produce (Chemical Residues) Act 1983
s. 14
14. Section 8 amended
(1) Section 8(1) is amended by deleting all of the subsection after
"Act, may" and inserting instead --
"
5 apply to the State Administrative Tribunal for a review
of the decision to refuse, vary, suspend or cancel, as the
case may be.
".
(2) Section 8(2) and (3) are repealed.
10 15. Section 13A amended
Section 13A(8) is amended by deleting all of the subsection
after "section may" and inserting instead --
"
apply to the State Administrative Tribunal for a review
15 of the decision to give the order.
".
Division 4 -- Agricultural Produce (Chemical Residues) Act 1983
16. The Act amended
The amendments in this Division are to the Agricultural
20 Produce (Chemical Residues) Act 1983*.
[* Reprinted as at 6 September 2002.]
17. Section 8 amended
Section 8(2) is amended as follows:
(a) by deleting "appeal against" and inserting instead --
25 " application for a review of ";
(b) by deleting "appeal" in both of the other places where it
occurs and inserting instead --
" application ".
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Agricultural Produce (Chemical Residues) Act 1983 Division 4
s. 18
18. Section 20 amended
(1) Section 20(1) is amended by deleting all of the subsection after
"may" and inserting instead --
"
5 apply to the State Administrative Tribunal for a review
of the decision to give the direction, to refuse to give
approval, or to seize the thing, as the case requires.
".
(2) Section 20(2) is repealed and the following subsections are
10 inserted instead --
"
(2) In dealing with an application under subsection (1) for
the review of a decision to seize anything, the State
Administrative Tribunal may determine whether
15 anything so seized is to be forfeited to the Crown or
restored to the person from whom it was seized.
(3) Subsection (2) does not limit the powers that the State
Administrative Tribunal Act 2003 gives the State
Administrative Tribunal.
20 ".
19. Section 23 amended
Section 23(3) is amended by deleting all of the subsection after
"which an" and inserting instead --
"
25 application may be made in accordance with section 20
for a review of the decision to seize that thing or,
where an application has been so made, before the
determination of the application.
".
page 7
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 5 Agricultural Produce Commission Act 1988
s. 20
Division 5 -- Agricultural Produce Commission Act 1988
20. The Act amended
The amendments in this Division are to the Agricultural
Produce Commission Act 1988*.
5 [* Reprinted as at 5 April 2002.]
21. Section 16 amended
(1) Section 16(2) is amended by deleting all of the subsection after
"fact may" and inserting instead --
"
10 apply to the State Administrative Tribunal for a review
of the decision to include or omit the person's name.
".
(2) Section 16(3) is repealed.
Division 6 -- Agriculture and Related Resources Protection
15 Act 1976
22. The Act amended
The amendments in this Division are to the Agriculture and
Related Resources Protection Act 1976*.
[* Reprinted as at 15 October 1999.]
20 23. Section 7 amended
Section 7 is amended by deleting the definition of "Local
Court".
24. Section 54 amended
(1) Section 54(2) is repealed.
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Animal Welfare Act 2002 Division 7
s. 25
(2) Section 54(4) is repealed and the following subsections are
inserted instead --
"
(4) An owner having only a partial interest or a particular
5 estate in the land may apply to the Protection Board for
it to declare what portion of any expense of or
incidental to the control of declared plants and declared
animals on and in relation to the land paid or to be paid
by the owner is to be borne by any other person having
10 a partial interest or an estate in the land, and the
Protection Board may, subject to the provisions of this
Act, make such declaration as in the circumstances it
considers just, and an owner paying, or who has paid,
more than that owner's proportion of the expenses as
15 declared by the Protection Board may, by action in a
court of competent jurisdiction, recover the excess
from any person the Protection Board declares to be
liable to pay it.
(5) A party dissatisfied with a decision of the Protection
20 Board under subsection (1) or (4) may apply to the
State Administrative Tribunal for a review of the
decision.
".
Division 7 -- Animal Welfare Act 2002
25 25. The Act amended
The amendments in this Division are to the Animal Welfare
Act 2002*.
[* Act No. 33 of 2002.]
26. Heading to Part 5 Division 4 amended
30 The heading to Part 5 Division 4 is amended by deleting "and
appeals".
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 7 Animal Welfare Act 2002
s. 27
27. Section 71 amended
(1) Section 71(1) is amended in the definition of "appealable
decision" by deleting "appealable" and inserting instead --
" reviewable ".
5 (2) Section 71(2) is amended by deleting "or appeal".
28. Section 72 amended
Section 72(1) is amended as follows:
(a) by deleting "an appealable" and inserting instead --
" a reviewable ";
10 (b) by deleting "lodged an appeal against" and inserting
instead --
" applied for a review of ".
29. Section 74 amended
(1) Section 74(1) is amended by deleting "an appealable decision
15 may appeal against" and inserting instead --
"
a reviewable decision may apply to the State
Administrative Tribunal for a review of
".
20 (2) Section 74(2) is amended by deleting "appeal against" and
inserting instead --
"
apply to the State Administrative Tribunal for a
review of
25 ".
(3) Section 74(3) and (4) are repealed.
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Architects Act 1921 Division 8
s. 30
(4) Section 74(5) is amended as follows:
(a) by deleting "appeal has been made against" and
inserting instead --
" application for review has been made in relation to ";
5 (b) by deleting "court deals with the appeal under
section 75(4), unless the court" and inserting instead --
"
State Administrative Tribunal deals with the matter
unless the Tribunal
10 ".
30. Section 75 repealed
Section 75 is repealed.
Division 8 -- Architects Act 1921
31. The Act amended
15 The amendments in this Division are to the Architects
Act 1921*.
[* Reprinted as at 26 February 1999.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 22.]
20 32. Part 1 heading amended
Before section 1 the heading "Preliminary" is deleted and the
following Part heading is inserted instead --
"
Part 1 -- Preliminary
25 ".
33. Section 2 amended
Section 2(1) is amended by deleting the definition of "District
Court".
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 8 Architects Act 1921
s. 34
34. Part 2 heading amended
Before section 5 the heading "The Architects' Board of Western
Australia" is deleted and the following Part heading is inserted
instead --
5 "
Part 2 -- The Architects' Board of
Western Australia
".
35. Section 10 repealed
10 Section 10 is repealed.
36. Part 3 heading amended
Before section 12 the heading "Registration" is deleted and the
following Part heading is inserted instead --
"
15 Part 3 -- Registration
".
37. Section 12 amended
Section 12(3)(c) is amended by deleting "District Court" and
inserting instead --
20 "
State Administrative Tribunal made upon an
application
".
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Architects Act 1921 Division 8
s. 38
38. Section 14B amended
(1) Section 14B(1) is amended as follows:
(a) by deleting "Where the Board determines that" and
inserting instead --
5 "
There is proper cause for disciplinary action in respect
of a practising corporation if
";
(b) by deleting the comma at the end of paragraph (d) and
10 inserting instead a full stop;
(c) by deleting "the registration of that practising
corporation as an architect under this Act is liable to be
suspended or cancelled and the Board shall so notify the
corporation.".
15 (2) Section 14B(2) and (3) are repealed.
39. Section 14D amended
(1) Section 14D(1) is amended as follows:
(a) by deleting "Where the Board determines that" and
inserting instead --
20 "
There is proper cause for disciplinary action in respect
of a practising firm if
";
(b) by deleting the comma at the end of paragraph (d) and
25 inserting instead a full stop;
(c) by deleting "the registration of that practising firm as an
architect under this Act is liable to be suspended or
cancelled and the Board shall so notify the firm.".
(2) Section 14D(2) and (3) are repealed.
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 8 Architects Act 1921
s. 40
40. Section 16 replaced
Section 16 is repealed and the following section is inserted
instead --
"
5 16. Application for review
(1) Any person aggrieved by a reviewable decision of the
Board, may apply to the State Administrative Tribunal for
a review of the decision.
(2) In subsection (1) --
10 "person aggrieved" means a person --
(a) whose registration is affected by a
reviewable decision; or
(b) who applies for registration;
"reviewable decision" means a decision under this
15 Part other than a decision to make an allegation to
the State Administrative Tribunal.
".
41. Section 22 amended
Section 22(1) is amended by deleting "District Court" and
20 inserting instead --
" State Administrative Tribunal ".
42. Section 22A amended
(1) Section 22A(1) is amended by deleting "In this section,
"misconduct" means the doing by a person registered under this
25 Act as an architect" and inserting instead --
"
Proper causes for disciplinary action in respect of a
person registered as an architect are the doing by the
person
30 ".
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Architects Act 1921 Division 8
s. 42
(2) Section 22A(1a) is amended by deleting "District Court" and
inserting instead --
" State Administrative Tribunal ".
(3) Section 22A(3) and (4) are repealed and the following
5 subsection is inserted instead --
"
(3) The Board may allege to the State Administrative
Tribunal that there is proper cause for disciplinary
action, as mentioned in subsection (1) or in
10 sections 14B or 14D, against a registered person.
".
(4) Section 22A(5) is amended as follows:
(a) by deleting "If as the result of the inquiry the Board is of
opinion that the person is guilty of the misconduct
15 alleged, the Board may by written order direct" and
inserting instead --
"
If in a proceeding commenced by an allegation under
this section against a registered person the State
20 Administrative Tribunal is of opinion that proper cause
exists for disciplinary action the State Administrative
Tribunal may order
";
(b) in paragraph (ab) by deleting "Board" and inserting
25 instead --
" State Administrative Tribunal ";
(c) by deleting at the end of paragraph (b) the comma and
"and" after it and inserting instead a full stop;
(d) by deleting paragraph (c).
30 (5) Section 22A(6), (7), (8) and (9) are repealed.
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 8 Architects Act 1921
s. 43
43. Section 22AB inserted
After section 22A the following section is inserted --
"
22AB. Suspension of registration by State Administrative
5 Tribunal
(1) Where the State Administrative Tribunal makes an order
against a registered person and payment is not made in
accordance with the order or the order is otherwise not
complied with or is breached, the State Administrative
10 Tribunal may suspend the person's registration until the
payment is made, or for such period or upon such event
occurring as the State Administrative Tribunal thinks fit.
(2) The power conferred on the State Administrative
Tribunal by subsection (1) is in addition to, and does
15 not derogate from, the powers conferred on it by the
State Administrative Tribunal Act 2003.
".
44. Section 25 amended
Section 25(2) is repealed and the following subsection is
20 inserted instead --
"
(2) Despite the resignation by an architect, this Act
applies, for the purpose of enabling the person to be
investigated or otherwise dealt with for a matter arising
25 before the resignation, as if the architect had not
resigned.
".
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Architects Act 1921 Division 8
s. 45
45. Part 4 heading amended
Before section 26 the heading "Committee of Architectural
Education" is deleted and the following Part heading is inserted
instead --
5 "
Part 4 -- Committee of Architectural Education
".
46. Part 5 heading amended
Before section 27 the heading "General Meeting of Architects"
10 is deleted and the following Part heading is inserted instead --
"
Part 5 -- General Meeting of Architects
".
47. Part 6 heading amended
15 Before section 28 the heading "By-laws" is deleted and the
following Part heading is inserted instead --
"
Part 6 -- By-laws
".
20 48. Part 7 heading amended
Before section 29 the heading "Miscellaneous" is deleted and
the following Part heading is inserted instead --
"
Part 7 -- Miscellaneous
25 ".
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 8 Architects Act 1921
s. 49
49. Section 30 amended
Section 30(b) is amended as follows:
(a) by deleting "examination before" and inserting
instead --
5 " investigation by ";
(b) by deleting "used in evidence before, or to be submitted
to," and inserting instead --
" submitted to ".
50. Section 31 replaced by sections 31 to 31C
10 Section 31 is repealed and the following sections are inserted
instead --
"
31. Powers of investigation
(1) The Board may make any inquiry that the Board
15 considers necessary or expedient for the purposes of --
(a) determining any application or any other matter
before the Board;
(b) determining whether or not a person registered
under this Act is or has been acting in
20 conformity with the conditions, if any, of the
person's registration and is or has been
complying with the requirements of this Act;
(c) determining whether any other cause exists that
might be considered by the Board a proper
25 cause for disciplinary action; or
(d) detecting offences against this Act.
(2) The Board may appoint an investigator to carry out an
inquiry and report to the Board under this section.
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Architects Act 1921 Division 8
s. 50
(3) The investigator may --
(a) require any person --
(i) to give the investigator such information
as the investigator requires; and
5 (ii) to answer any question put to the
person,
in relation to any matter the subject of such
inquiry;
(b) require any person to produce any document to
10 the investigator;
(c) enter at all reasonable times and search any
premises and inspect any documents that the
investigator finds on the premises; and
(d) make a copy or abstract of any document
15 produced or inspected under this section, or of
any entry made in the document.
(4) A requirement made under subsection (3)(a) --
(a) may be made orally or by notice in writing
served on the person required to give
20 information or answer a question, as the case
may be;
(b) shall specify the time at or within which the
information is to be given or the question is to
be answered, as the case may be; and
25 (c) may, by its terms, require that the information
or answer required --
(i) be given orally or in writing;
(ii) be given at or sent or delivered to any
place specified in the requirement;
30 (iii) in the case of written information or
answers, be sent or delivered by any
means specified in the requirement; and
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 8 Architects Act 1921
s. 50
(iv) be given on oath or affirmation or by
statutory declaration for which purpose
the investigator may administer an oath
or affirmation and have the authority of
5 a commissioner for declarations.
(5) A requirement made under subsection (3)(b) --
(a) shall be made by notice in writing served on the
person required to produce a document;
(b) shall specify the time at or within which the
10 document is to be produced; and
(c) may, by its terms, require that the document be
produced --
(i) at any place specified in the
requirement; and
15 (ii) by any means specified in the
requirement.
(6) Where under subsection (3)(a) an investigator orally
requires a person to give any information or answer
any question, the investigator shall inform that person
20 that he or she is required under this Act to give the
information or answer the question, as the case may be.
(7) Where under subsection (3)(a) or (b) a person is
required by notice in writing to give any information,
answer any question, or produce any document, the
25 notice shall state that he or she is required under this
Act to give the information, answer the question, or
produce the document, as the case may be.
(8) Before entering any premises under this section the
investigator --
30 (a) shall obtain a warrant to do so from a
magistrate or Justice of the Peace which
warrant the magistrate or Justice of the Peace is
authorised to issue upon being satisfied that the
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Architects Act 1921 Division 8
s. 50
entry is sought in good faith for the purpose of
carrying out an inquiry under this section; and
(b) shall display to the person, if any, giving the
investigator entry, a document signed by the
5 Board and certifying that he or she is an
investigator appointed by the Board.
31A. Incriminating information, questions, or documents
Without prejudice to the provisions of section 11 of the
Evidence Act 1906, where under section 31 a person is
10 required to --
(a) give any information;
(b) answer any question; or
(c) produce any document,
the person shall not refuse to comply with that
15 requirement on the ground that the information,
answer, or document may tend to incriminate the
person or render the person liable to any penalty, but
the information or answer given, or document
produced, by the person shall not be admissible in
20 evidence in any proceedings against the person other
than proceedings in respect of an offence against
section 31B(1)(b).
31B. Failure to comply with investigation
(1) Where under section 31 a person is required to give
25 any information, answer any question, or produce any
document and that person, without reasonable excuse
(proof of which shall lie on him or her) --
(a) fails to give that information or answer that
question at or within the time specified in the
30 requirement;
(b) gives any information or answer that is false in
any particular; or
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 8 Architects Act 1921
s. 50
(c) fails to produce that document at or within the
time specified in the requirement,
the person commits an offence.
Penalty: $2 000.
5 (2) It is a defence in any proceeding for an offence under
subsection (1)(a) or (c) for the defendant to show --
(a) that, in the case of an alleged offence arising
out of a requirement made orally under
section 31, the investigator did not, when
10 making the requirement, inform the defendant
that he or she was required under this Act to
give the information or answer the question, as
the case may be;
(b) that, in the case of an alleged offence arising
15 out of a requirement made by notice in writing
under section 31, the notice did not state that he
or she was required under this Act to give the
information, answer the question, or produce
the document, as the case may be;
20 (c) that the time specified in the requirement did
not afford the defendant sufficient notice to
enable him or her to comply with the
requirement; or
(d) that, in any case, the investigator did not, before
25 making the requirement, have reasonable
grounds to believe that compliance with the
requirement would materially assist in the
inquiry being carried out.
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Architects Act 1921 Division 8
s. 51
31C. Obstruction of investigator
A person shall not prevent or attempt to prevent an
investigator from entering premises or otherwise
obstruct or impede an investigator in the exercise of his
5 or her powers under section 31.
Penalty: $2 000.
".
51. Section 35 amended
After section 35(1) the following subsection is inserted --
10 "
(1a) The Board's annual report is to include details of --
(a) the number, nature, and outcome, of --
(i) investigations and inquiries undertaken
by, or at the direction of, the Board; and
15 (ii) matters that have been brought before
the State Administrative Tribunal by the
Board;
(b) the number and nature of matters referred to in
paragraph (a) that are outstanding;
20 (c) any trends or special problems that may have
emerged;
(d) forecasts of the workload of the Board in the
year after the year to which the report relates;
and
25 (e) any proposals for improving the operation of
the Board.
".
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 9 Armadale Redevelopment Act 2001
s. 52
Division 9 -- Armadale Redevelopment Act 2001
52. The Act amended
The amendments in this Division are to the Armadale
Redevelopment Act 2001*.
5 [* Act No. 25 of 2001.]
53. Section 50 replaced
Section 50 is repealed and the following section is inserted
instead --
"
10 50. Review of certain decisions
An applicant may apply to the State Administrative
Tribunal for a review, in accordance with Part V of the
Town Planning Act, of a decision of the Authority
under section 48 in respect of the applicant's
15 application.
".
54. Section 52 amended
(1) Section 52(2) is amended by deleting all of the subsection after
"may" and inserting instead --
20 "
apply to the State Administrative Tribunal for a review,
in accordance with Part V of the Town Planning Act,
of the decision to give the direction.
".
25 (2) Section 52(3) is amended by deleting "appeal" and inserting
instead --
" application ".
page 24
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Associations Incorporation Act 1987 Division 10
s. 55
(3) Section 52(4) is amended by deleting "Town Planning Appeal
Tribunal" in both places where it occurs and inserting instead --
" State Administrative Tribunal ".
Division 10 -- Associations Incorporation Act 1987
5 55. The Act amended
The amendments in this Division are to the Associations
Incorporation Act 1987*.
[* Reprinted as at 20 August 1999.
For subsequent amendments see Western Australian
10 Legislation Information Tables for 2002, Table 1, p. 25 and
Act No. 20 of 2003.]
56. Section 4 amended
(1) Section 4(6) is amended by deleting all of the subsection after
"may" and inserting instead --
15 "
apply to the State Administrative Tribunal for a review
of the decision of the Commissioner.
".
(2) Section 4(7) is repealed.
20 57. Section 7 amended
(1) Section 7(2) is amended by deleting all of the subsection after
"refusal" and inserting instead --
"
, apply to the State Administrative Tribunal for a
25 review of the decision of the Commissioner.
".
(2) Section 7(3) is repealed.
page 25
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 10 Associations Incorporation Act 1987
s. 58
58. Section 8 amended
(1) Section 8(2) is amended by deleting all of the subsection after
"may" and inserting instead --
"
5 apply to the State Administrative Tribunal for a review
of the decision of the Commissioner.
".
(2) Section 8(3) is repealed.
59. Section 9 amended
10 (1) Section 9(3) is amended by deleting all of the subsection after
"may" and inserting instead --
"
apply to the State Administrative Tribunal for a review
of the decision of the Commissioner.
15 ".
(2) Section 9(4) is repealed.
60. Section 18 amended
(1) Section 18(4) is amended by deleting all of the subsection after
"may" and inserting instead --
20 "
apply to the State Administrative Tribunal for a review
of the decision of the Commissioner.
".
(2) Section 18(5) is repealed.
page 26
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Biological Control Act 1986 Division 11
s. 61
61. Section 19 amended
(1) Section 19(3) is amended by deleting all of the subsection after
"may" and inserting instead --
"
5 apply to the State Administrative Tribunal for a review
of the decision of the Commissioner.
".
(2) Section 19(4) is repealed.
Division 11 -- Biological Control Act 1986
10 62. The Act amended
The amendments in this Division are to the Biological Control
Act 1986*.
[* Act No. 106 of 1986.
For subsequent amendments see Western Australian
15 Legislation Information Tables for 2002, Table 1, p. 34.]
63. Section 3 amended
Section 3(1) is amended by deleting the definition of "Board".
64. Section 54 amended
(1) Section 54(1) is amended by deleting "in accordance with the
20 regulations appeal to a Biological Control Appeal Board
appointed under section 55." and inserting instead --
"
apply to the State Administrative Tribunal for a review
of the decision.
25 ".
(2) Section 54(2) is amended by deleting "and in sections 56
and 58".
page 27
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 12 Births, Deaths and Marriages Registration Act 1998
s. 65
65. Sections 55 to 58 repealed
Sections 55, 56, 57 and 58 are repealed.
Division 12 -- Births, Deaths and Marriages Registration
Act 1998
5 66. The Act amended
The amendments in this Division are to the Births, Deaths and
Marriages Registration Act 1998*.
[* Act No. 39 of 1998.
For subsequent amendments see Western Australian
10 Legislation Information Tables for 2002, Table 1, p. 34.]
67. Section 67 amended
(1) Section 67(1) is amended by deleting "Minister" and inserting
instead --
" State Administrative Tribunal ".
15 (2) Section 67(2) is repealed.
Division 13 -- Boxing Control Act 1987
68. The Act amended
The amendments in this Division are to the Boxing Control
Act 1987*.
20 [* Act No. 2 of 1987.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 36.]
page 28
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Boxing Control Act 1987 Division 13
s. 69
69. Part V heading replaced
The heading to Part V is deleted and the following heading is
inserted instead --
"
5 Part V -- Review
".
70. Section 34 amended
(1) Section 34(1) is amended by deleting all of the subsection after
"may" and inserting instead --
10 "
apply to the State Administrative Tribunal for a review
of the decision, condition or restriction.
".
(2) Section 34(2), (3), (4) and (5) are repealed.
15 71. Section 40 amended
Section 40(a) and (b) are deleted and the following paragraphs
are inserted instead --
"
(a) where the book is surrendered under section 39
20 as a consequence of the suspension of
registration and no application for review is
made in relation to the suspension -- as soon as
practicable after the suspension;
(b) where the book is surrendered under section 39
25 and, on application made for a review of a
decision of the Commission to cancel or
suspend registration, the decision is set aside --
as soon as is practicable after the decision is
set aside.
30 ".
page 29
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 14 Bread Act 1982
s. 72
Division 14 -- Bread Act 1982
72. The Act amended
The amendments in this Division are to the Bread Act 1982*.
[* Reprinted as at 15 November 2002.]
5 73. Section 7 amended
(1) Section 7(5) is amended by deleting all of the subsection after
"holder may" and inserting instead --
"
apply to the State Administrative Tribunal for a review
10 of the decision.
".
(2) Section 7(6), (7) and (8) are repealed.
Division 15 -- Builders' Registration Act 1939
74. The Act amended
15 The amendments in this Division are to the Builders'
Registration Act 1939*.
[* Reprinted as at 11 January 2002.]
75. Section 6 amended
Section 6(3) is amended by deleting "Subject to section 13(4),
20 4" and inserting instead --
" Four ".
76. Section 8 amended
Section 8(1) is amended as follows:
(a) in paragraph (c) by deleting "or cancel";
25 (b) by deleting paragraphs (d) and (e).
page 30
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Builders' Registration Act 1939 Division 15
s. 77
77. Section 10D amended
Section 10D is amended by deleting "by any" and inserting
instead --
" under any ".
5 78. Section 12A amended
Section 12A(5) is amended as follows:
(a) by deleting "appeal" in both places where it occurs and
inserting instead --
" application ";
10 (b) by deleting "against the making" and inserting
instead --
" for a review ";
(c) by inserting after "Board" --
" or the State Administrative Tribunal ";
15 (d) by deleting "under section 13".
79. Section 12D inserted
Before section 13 the following section is inserted --
"
12D. Allegation of cause for disciplinary action
20 The Board may allege to the State Administrative
Tribunal that there is proper cause for disciplinary
action, as mentioned in section 13, against a builder
who is registered under this Act.
".
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 15 Builders' Registration Act 1939
s. 80
80. Section 13 amended
(1) Section 13(1) is amended as follows:
(a) by deleting "The Board may cancel or suspend
registration of any builder under this Act" and inserting
5 instead --
"
In a proceeding commenced by an allegation under
section 12D the State Administrative Tribunal may
cancel or suspend the registration of any builder under
10 this Act because there is proper cause for disciplinary
action
";
(b) in paragraph (f) by deleting "under this Act";
(c) by deleting the comma and all of the subsection after
15 paragraph (g)(ii) and inserting instead a full stop.
(2) Section 13(1a) is amended as follows:
(a) by deleting "Board after the holding of an inquiry into a
matter or matters arising under subsection (1), the
Board" and inserting instead --
20 "
State Administrative Tribunal, the State Administrative
Tribunal
";
(b) by deleting ", without further inquiry".
25 (3) Section 13(1ba) is amended as follows:
(a) by deleting "Board after the holding of an inquiry into a
matter or matters arising under subsection (1), the
Board" and inserting instead --
"
30 State Administrative Tribunal, the State Administrative
Tribunal
";
page 32
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Builders' Registration Act 1939 Division 15
s. 81
(b) by deleting ", without further inquiry".
(4) Section 13(1bb) is amended as follows:
(a) by deleting "Board" and inserting instead --
" State Administrative Tribunal ";
5 (b) by deleting paragraph (a) and "and" after it.
(5) Section 13(1c), (2), (3) and (4) are repealed and the following
subsections are inserted instead --
"
(2) On the application of the Board or the builder whose
10 registration is suspended or has been cancelled, the
State Administrative Tribunal may order that the
suspension of a registration is terminated or a
registration that has been cancelled be reinstated.
(3) An application for the termination of a suspension or
15 the reinstatement of a registration that was cancelled
cannot be made before the expiry of a period of
3 months after the day on which the registration was
suspended or cancelled.
".
20 81. Section 13A amended
Section 13A is amended as follows:
(a) by deleting "after the holding of a full inquiry in
accordance with section 13 the Board" and inserting
instead --
25 " the State Administrative Tribunal ";
(b) by deleting "Board" in the second place where it occurs
and inserting instead --
" State Administrative Tribunal ".
page 33
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
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Part 2 Various Acts amended to confer jurisdiction
Division 15 Builders' Registration Act 1939
s. 82
82. Section 14 replaced
Section 14 is repealed and the following section is inserted
instead --
"
5 14. Application for review
(1) A person aggrieved by a reviewable decision of the
Board in relation to that person may apply to the State
Administrative Tribunal for a review of the decision.
(2) In subsection (1) --
10 "person aggrieved" means a person --
(a) whose registration as a builder is affected by
a reviewable decision; or
(b) who applies for registration;
"reviewable decision" means a decision of the
15 Board --
(a) refusing or suspending registration; or
(b) granting registration on a condition or
conditions.
".
20 83. Section 17 amended
(1) Section 17(1) is amended by deleting "or inquiry".
(2) Section 17(2), (3), (4) and (5) are repealed.
84. Section 17A inserted
After section 17 the following section is inserted --
25 "
17A. Suspension of registration by State Administrative
Tribunal
(1) Where the State Administrative Tribunal makes an order
against a registered builder and payment is not made in
page 34
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Builders' Registration Act 1939 Division 15
s. 85
accordance with the order or the order is otherwise not
complied with or is breached, the State Administrative
Tribunal may suspend the registration until the payment
is made, or for such period or upon such event
5 occurring as the State Administrative Tribunal thinks fit.
(2) The power conferred on the State Administrative
Tribunal by subsection (1) is in addition to, and does
not derogate from, the powers conferred on it by the
State Administrative Tribunal Act 2003.
10 ".
85. Section 19A inserted
After section 19 the following section is inserted --
"
19A. Surrender of registration or certificate
15 Despite the surrender by a person of the person's
registration, or a certificate issued to the person under
this Act, this Act applies, for the purpose of enabling
the person to be investigated or otherwise dealt with for
a matter arising before the surrender, as if the
20 registration or certificate had not been surrendered.
".
86. Section 22 amended
Section 22(4) is amended by inserting after "20B" --
"
25 but excluding penalties ordered by the State
Administrative Tribunal
".
page 35
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
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Part 2 Various Acts amended to confer jurisdiction
Division 15 Builders' Registration Act 1939
s. 87
87. Section 23B amended
After section 23B(1a) the following subsection is inserted --
"
(1b) The Board's annual report is to include details of --
5 (a) the number, nature, and outcome, of --
(i) investigations and inquiries undertaken
by, or at the direction of, the Board; and
(ii) matters that have been brought before
the State Administrative Tribunal under
10 this Act;
(b) the number and nature of matters referred to in
paragraph (a) that are outstanding;
(c) any trends or special problems that may have
emerged;
15 (d) forecasts of the workload of the Board in the
year after the year to which the report relates;
and
(e) any proposals for improving the operation of
the Board.
20 ".
88. Section 41 amended
(1) Section 41(1) is amended by deleting all of the subsection after
"may" and inserting instead --
"
25 apply to the State Administrative Tribunal for a review
of a decision of the Disputes Tribunal.
".
page 36
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
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Various Acts amended to confer jurisdiction Part 2
Builders' Registration Act 1939 Division 15
s. 89
(2) Section 41(2), (3) and (4) are repealed and the following
subsection is inserted instead --
"
(2) An application for a review cannot be made under
5 subsection (1) unless the State Administrative Tribunal
gives leave.
".
(3) Section 41(5) is amended by deleting "District Court" in both
places where it occurs and inserting instead --
10 " State Administrative Tribunal ".
89. Section 42 amended
(1) Section 42(1) and (2) are amended by deleting "District Court"
and inserting instead --
" State Administrative Tribunal ".
15 (2) Section 42(3) is amended by deleting "District Court has
jurisdiction to consider and determine any case stated and to"
and inserting instead --
"
State Administrative Tribunal may determine any case
20 stated and
".
(3) After section 42(3) the following subsection is inserted --
"
(4) When dealing with the substance of a case stated under
25 this section, the State Administrative Tribunal is to be
constituted by a judicial member as defined in
section 3(1) of the State Administrative Tribunal
Act 2003.
".
page 37
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 16 Business Names Act 1962
s. 90
Division 16 -- Business Names Act 1962
90. The Act amended
The amendments in this Division are to the Business Names
Act 1962*.
5 [* Reprinted as at 16 February 2001.
For subsequent amendments see Act No. 20 of 2003.]
91. Section 14 amended
(1) After section 14(1) the following subsection is inserted --
"
10 (1a) Subsection (1) applies as if the State Administrative
Tribunal were a court and a proceeding before it were
an action.
".
(2) After section 14(2) the following subsection is inserted --
15 "
(3) The power given by this section to the State
Administrative Tribunal is exercisable only by a person
who is a judicial member or a senior member, as
defined in section 3(1) of the State Administrative
20 Tribunal Act 2003.
".
92. Section 19 amended
(1) Section 19(3) is amended by deleting all of the subsection after
"apply to the" and inserting instead --
25 "
State Administrative Tribunal for a review of the
Commissioner's decision to cancel the registration of
the business name.
".
page 38
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Caravan Parks and Camping Grounds Act 1995 Division 17
s. 93
(2) Section 19(4) is repealed and the following subsection is
inserted instead --
"
(4) The time within which the application may be made is
5 unlimited.
".
(3) Section 19(5) is amended by deleting "Upon the making of an
order by the Supreme Court under subsection (4)" and inserting
instead --
10 "
If the State Administrative Tribunal sets aside the
Commissioner's decision to cancel the registration of
the business name
".
15 Division 17 -- Caravan Parks and Camping Grounds Act 1995
93. The Act amended
(1) The amendments in this Division are to the Caravan Parks and
Camping Grounds Act 1995*.
[* Act No. 34 of 1995.
20 For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 45.]
94. Section 7 amended
Section 7(8) is amended by deleting "appeal to the Minister."
and inserting instead --
25 "
apply to the State Administrative Tribunal for a review
of the decision.
".
page 39
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 17 Caravan Parks and Camping Grounds Act 1995
s. 95
95. Section 10 amended
Section 10(2)(b) is amended by deleting "appeal to the
Minister." and inserting instead --
"
5 apply to the State Administrative Tribunal for a
review of the decision to give the notice.
".
96. Section 11 amended
Section 11(3) is repealed.
10 97. Section 12 amended
Section 12(4) is amended by deleting "appeal to the Minister."
and inserting instead --
"
apply to the State Administrative Tribunal for a review
15 of the decision.
".
98. Section 21 amended
Section 21(6) is amended by deleting "appeal to the Minister."
and inserting instead --
20 "
apply to the State Administrative Tribunal for a review
of the decision to give the works specification notice or
the decision under subsection (5), as the case requires.
".
page 40
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Cemeteries Act 1986 Division 18
s. 99
99. Section 27 replaced
Section 27 is repealed and the following section is inserted
instead --
"
5 27. Review
A person who is aggrieved by a decision of a local
government under section 7, 10, 12, or 21 may apply to
the State Administrative Tribunal for a review of that
decision.
10 ".
100. Section 28 amended
Section 28(2)(h) is deleted.
101. Section 34 amended
Section 34(4) is amended by deleting all of the subsection after
15 "may" and inserting instead --
"
apply to the State Administrative Tribunal for a review
of the decision.
".
20 Division 18 -- Cemeteries Act 1986
102. The Act amended
(1) The amendments in this Division are to the Cemeteries
Act 1986*.
[* Reprinted as at 3 April 2002.]
page 41
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 19 Chattel Securities Act 1987
s. 103
103. Section 19 amended
(1) Section 19(2) is amended by deleting "appeal to a Local Court
against" and inserting instead --
" apply to the State Administrative Tribunal for a review of ".
5 (2) Section 19(3), (4), (5) and (6) are repealed.
Division 19 -- Chattel Securities Act 1987
104. The Act amended
The amendments in this Division are to the Chattel Securities
Act 1987*.
10 [* Reprinted as at 13 December 2002.
For subsequent amendments see Act No. 20 of 2003.]
105. Section 3 amended
Section 3(1) is amended by deleting the definition of "tribunal".
106. Section 26 amended
15 (1) Section 26(1) is amended by deleting "is entitled to appeal to
the Tribunal" and inserting instead --
"
may apply to the State Administrative Tribunal for a
review of the decision
20 ".
(2) Section 26(2) is repealed.
107. Sections 27 and 28 repealed
Section 27 and 28 are repealed.
page 42
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Chicken Meat Industry Act 1977 Division 20
s. 108
108. Section 29 amended
Section 29 is amended by deleting "or the Tribunal under this
Act" and inserting instead --
"
5 under this Act or to give effect to a decision arising
from an application made under this Act to the State
Administrative Tribunal
".
Division 20 -- Chicken Meat Industry Act 1977
10 109. The Act amended
The amendments in this Division are to the Chicken Meat
Industry Act 1977*.
[* Act No. 58 of 1977.
For subsequent amendments see Western Australian
15 Legislation Information Tables for 2002, Table 1, p. 49.]
110. Section 18 amended
(1) Section 18(2) is amended by deleting all of the subsection after
"may" and inserting instead --
"
20 apply to the State Administrative Tribunal for a review
of that determination.
".
(2) Section 18(3) is amended by deleting "appeal is lodged under
subsection (2) within the time prescribed by that subsection or
25 an appeal so lodged" and inserting instead --
"
application is made under subsection (2) within the
time prescribed for making the application or an
application is made but
30 ".
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 21 Chiropractors Act 1964
s. 111
(3) Section 18(4) is repealed.
111. Section 19A amended
(1) Section 19A(11) is amended by deleting all of the subsection
after "decision may" and inserting instead --
5 "
apply to the State Administrative Tribunal for a review
of the decision.
";
(2) Section 19A(12) is repealed;
10 (3) Section 19A(13) is amended by deleting "In exercising their
powers and functions under this section the Committee and the
Minister" and inserting instead --
"
The Committee, in exercising its powers and functions
15 under this section, and the State Administrative
Tribunal, in dealing with an application under this
section for review,
".
Division 21 -- Chiropractors Act 1964
20 112. The Act amended
The amendments in this Division are to the Chiropractors
Act 1964*.
[* Reprinted as at 7 December 2001.]
113. Section 16C amended
25 After section 16C(1) the following subsection is inserted --
"
(1a) The Board's annual report is to include details of --
(a) the number, nature, and outcome, of --
(i) investigations and inquiries undertaken
30 by, or at the direction of, the Board; and
page 44
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
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Various Acts amended to confer jurisdiction Part 2
Chiropractors Act 1964 Division 21
s. 114
(ii) matters that have been brought before
the State Administrative Tribunal by the
Board;
(b) the number and nature of matters referred to in
5 paragraph (a) that are outstanding;
(c) any trends or special problems that may have
emerged;
(d) forecasts of the workload of the Board in the
year after the year to which the report relates;
10 and
(e) any proposals for improving the operation of
the Board.
".
114. Section 18 amended
15 Section 18(1) is amended as follows:
(a) in paragraph (h) by deleting ", and the inquiry by the
Board into that charge or complaint, and for fixing
penalties in relation thereto";
(b) after paragraph (h) by inserting --
20 "
(ha) for regulating the making of allegations in
respect of disciplinary matters by the Board to
the State Administrative Tribunal, and for
fixing penalties in relation thereto;
25 ".
115. Section 20A amended
(1) Section 20A(1) is amended as follows:
(a) after paragraph (b) by inserting "or";
(b) by deleting at the end of paragraph (c) the semicolon
30 and "or" after it and inserting instead a comma;
(c) by deleting paragraph (d);
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
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Part 2 Various Acts amended to confer jurisdiction
Division 21 Chiropractors Act 1964
s. 116
(d) by deleting all of the subsection after "may" and
inserting instead --
"
apply to the State Administrative Tribunal for a review
5 of the decision.
".
(2) Section 20A(2) and (3) are repealed.
116. Part IVA inserted
After section 21 the following Part is inserted --
10 "
Part IVA -- Investigation
21A. Investigator
(1) The Board may appoint a person to investigate any
matter relevant to the performance of the Board's
15 functions under this Act and report to the Board.
(2) The Board is to issue to each investigator it appoints a
certificate of appointment in an approved form.
(3) A certificate purporting to have been issued under this
section is evidence in any court of the appointment to
20 which the certificate purports to relate.
21B. Report of investigator
(1) An investigator must --
(a) within such period as the Board requires
prepare a report on the investigation; and
25 (b) immediately after preparing the report, provide
the Board with a copy of the report.
(2) The investigator must return his certificate of
appointment at the time the Board is provided with a
copy of the report.
page 46
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Chiropractors Act 1964 Division 21
s. 116
21C. Powers of investigator
(1) An investigator may for the purposes of an
investigation --
(a) enter and inspect the premises of a person
5 named in a warrant issued under
section 21E(1), and exercise the powers
referred to in section 21E(2)(b) and (c);
(b) require a person to produce to the investigator
any document or other thing concerning the
10 investigation that is in the possession or under
the control of the person;
(c) inspect any document or other thing produced
to the investigator and retain it for such
reasonable period as the investigator thinks fit,
15 and make copies of a document or any of its
contents;
(d) require a person --
(i) to give the investigator such information
as the investigator requires; and
20 (ii) to answer any question put to that
person,
in relation to the matter the subject of the
investigation; and
(e) exercise other powers conferred on an
25 investigator by the regulations.
(2) A requirement made under subsection (1)(b) --
(a) must be made by notice in writing given to the
person required to produce the document or
other thing;
30 (b) must specify the time at or within which the
document or other thing is to be produced;
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
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Part 2 Various Acts amended to confer jurisdiction
Division 21 Chiropractors Act 1964
s. 116
(c) may, by its terms, require that the document or
other thing required be produced at a place and
by means specified in the requirement; and
(d) where the document required is not in a
5 readable format, must be treated as a
requirement to produce --
(i) the document itself; and
(ii) the contents of the document in a
readable format.
10 (3) A requirement made under subsection (1)(d) --
(a) may be made orally or by notice in writing
served on the person required to give
information or answer a question, as the case
may be;
15 (b) must specify the time at or within which the
information is to be given or the question is to
be answered, as the case may be; and
(c) may, by its terms, require that the information
or answer required --
20 (i) be given orally or in writing;
(ii) be given at or sent or delivered to a
place specified in the requirement;
(iii) in the case of written information or
answers be sent or delivered by means
25 specified in the requirement; and
(iv) be verified by statutory declaration.
(4) If under subsection (1)(d) an investigator requires a
person to give information or answer a question, the
investigator must inform that person that the person is
30 required under this Act to give the information or
answer the question.
page 48
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Chiropractors Act 1964 Division 21
s. 116
(5) An investigator must produce his certificate of
appointment if requested to do so by a person in
respect of whom the investigator has exercised, or is
about to exercise, a power under this section.
5 21D. Warrant to enter premises
(1) If the Board has determined in a particular case that an
investigator has reasonable grounds for believing that
entry to premises is necessary for the purpose of
substantiating a complaint that may involve a threat to
10 the physical or mental health of a person the
investigator may apply to a magistrate for a warrant to
be issued in respect of those premises.
(2) An application for a warrant must --
(a) be in writing;
15 (b) be accompanied by a notice in writing from the
Board stating that it has determined in the
particular case that the investigator has
reasonable grounds for believing that entry to
premises is necessary for the purpose of
20 substantiating a complaint that may involve a
threat to the physical or mental health of a
person;
(c) set out the grounds for seeking the warrant; and
(d) describe the premises that are to be entered.
25 (3) A magistrate to whom an application is made under
this section must refuse it if --
(a) the application does not comply with the
requirements of this Act; or
(b) when required to do so by the magistrate, the
30 investigator does not give to the magistrate
more information about the application.
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Division 21 Chiropractors Act 1964
s. 116
(4) The information in an application or given to a
magistrate under this section must be verified before
the magistrate on oath or affirmation or by affidavit,
and the magistrate may for that purpose administer an
5 oath or affirmation or take an affidavit.
21E. Issue of warrant
(1) A magistrate to whom an application is made under
section 21D may issue a warrant, if satisfied that there
are reasonable grounds for believing that entry and
10 inspection of the premises are necessary for the
purpose referred to in that section.
(2) A warrant under subsection (1) authorises the
investigator --
(a) to enter and inspect the premises named in the
15 warrant;
(b) to require a person on the premises to answer
questions or produce documents or other things
in the person's possession concerning the
investigation; and
20 (c) to inspect documents and other things, and take
copies of or extracts from documents, produced
in compliance with a requirement made under
paragraph (b).
(3) There must be stated in a warrant --
25 (a) the purpose for which the warrant is issued;
(b) the name of the person to whom the warrant is
issued; and
(c) a description of the premises that may be
entered.
30 (4) A magistrate who issues a warrant must cause a record
to be made of particulars of the grounds that the
magistrate has relied on to justify the issue of the
warrant.
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Various Acts amended to confer jurisdiction Part 2
Commercial Tenancy (Retail Shops) Agreements Act 1985 Division 22
s. 117
21F. Execution of warrant
(1) If asked by the occupier or a person in charge of the
premises, the person executing a warrant must produce
it for inspection.
5 (2) A warrant ceases to have effect --
(a) at the end of the period of one month after its
issue;
(b) if it is withdrawn by the magistrate who issued
it; or
10 (c) when it is executed,
whichever occurs first.
".
Division 22 -- Commercial Tenancy (Retail Shops)
Agreements Act 1985
15 117. The Act amended
The amendments in this Division are to the Commercial
Tenancy (Retail Shops) Agreements Act 1985*.
[* Reprinted as at 21 July 2000.
For subsequent amendments see Western Australian
20 Legislation Information Tables for 2002, Table 1, p. 59.]
118. Section 3 amended
Section 3(1) is amended as follows:
(a) by deleting the definition of "Registrar";
(b) in the definition of "Tribunal" by deleting "Commercial
25 Tribunal of Western Australia established under the
Commercial Tribunal Act 1984" and inserting instead --
" State Administrative Tribunal ".
page 51
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 22 Commercial Tenancy (Retail Shops) Agreements Act 1985
s. 119
119. Section 4 amended
Section 4(2) is amended as follows:
(a) by deleting "Sections 16 to 21 apply" and inserting
instead --
5 " Section 16 applies ";
(b) by deleting "sections 22 and 27 have" and inserting
instead --
" section 27 has ".
120. Section 9 amended
10 Section 9(3) is amended by deleting "in the Tribunal or" and
inserting instead --
"
upon an application to the Tribunal for an order that the
money sought be paid or in
15 ".
121. Section 11 amended
(1) Section 11(5) is amended by deleting "Registrar" in each place
where it occurs and inserting instead --
" Tribunal ".
20 (2) Section 11(6) and (7) are repealed.
(3) Section 11(8) is amended by deleting "Registrar" in each place
where it occurs and inserting instead --
" Tribunal ".
122. Section 12 amended
25 Section 12(1)(b) is amended by deleting "Registrar" and
inserting instead --
" Tribunal ".
page 52
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Commercial Tenancy (Retail Shops) Agreements Act 1985 Division 22
s. 123
123. Section 12A amended
(1) Section 12A(3)(e)(ii) is amended by deleting "Registrar" and
inserting instead --
" Tribunal ".
5 (2) Section 12A(4) is amended by deleting "Registrar" in each
place where it occurs and inserting instead --
" Tribunal ".
124. Section 12B amended
(1) Section 12B(3)(e)(ii) is amended by deleting "Registrar" and
10 inserting instead --
" Tribunal ".
(2) Section 12B(4) is amended by deleting "Registrar" in each place
where it occurs and inserting instead --
" Tribunal ".
15 125. Section 13 amended
(1) Section 13(3)(a) is amended as follows:
(a) by deleting "Registrar" and inserting instead --
" Tribunal ";
(b) by deleting "he" and inserting instead --
20 " it ".
(2) Section 13(3a) is amended by deleting "Registrar" in each place
where it occurs and inserting instead --
" Tribunal ".
(3) Section 13(6) is amended by deleting "Registrar" in each place
25 where it occurs and inserting instead --
" Tribunal ".
page 53
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 22 Commercial Tenancy (Retail Shops) Agreements Act 1985
s. 126
(4) Section 13(7) is amended as follows:
(a) by deleting "Registrar" and inserting instead --
" Tribunal ";
(b) by deleting "him" and inserting instead --
5 " it ";
(c) by deleting "he" and inserting instead --
" it ".
(5) Section 13(7a) is amended as follows:
(a) by deleting "Registrar" and inserting instead --
10 " Tribunal ";
(b) after "exercise" by deleting "his" and inserting
instead --
" its ".
(6) Section 13(7b) is amended as follows:
15 (a) by deleting "Registrar" and inserting instead --
" Tribunal ";
(b) by deleting "he" and inserting instead --
" it ".
126. Section 13A amended
20 (1) Section 13A(2) is amended by deleting "Registrar" in each
place where it occurs and inserting instead --
" Tribunal ".
(2) Section 13A(3) is amended as follows:
(a) by deleting "Registrar" in each place where it occurs and
25 inserting instead --
" Tribunal ";
page 54
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Commercial Tenancy (Retail Shops) Agreements Act 1985 Division 22
s. 127
(b) by deleting "him" and inserting instead --
" it ".
127. Section 15 amended
Section 15(1)(b) is amended by deleting "Registrar" and
5 inserting instead --
" Tribunal ".
128. Section 16 amended
(1) Section 16(1) is amended by deleting "Registrar" in each place
where it occurs and inserting instead --
10 " Tribunal ".
(2) Section 16(2) is amended as follows:
(a) by deleting "Registrar" in each place where it occurs and
inserting instead --
" Tribunal ";
15 (b) in paragraph (a) by deleting "he" and inserting
instead --
" it ";
(c) in paragraph (b) by deleting "sections 22(f) and" and
inserting instead --
20 " section ".
(3) After section 16(2) the following subsection is inserted --
"
(3) Nothing in this section prevents a matter or question
from being dealt with through a compulsory conference
25 or mediation process under the State Administrative
Tribunal Act 2003.
".
page 55
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 22 Commercial Tenancy (Retail Shops) Agreements Act 1985
s. 129
129. Sections 18 to 25 repealed
Sections 18, 19, 20, 21, 22, 23, 24 and 25 are repealed.
130. Section 26 amended
(1) Section 26(1) is amended by deleting "Commercial Tribunal
5 Act 1984" and inserting instead --
" State Administrative Tribunal Act 2003 ".
(2) Section 26(2) and (4) are repealed.
131. Section 27 amended
(1) Section 27(1) is amended by deleting "Registrar" in each place
10 where it occurs and inserting instead --
" Tribunal ".
(2) Section 27(2) is amended by deleting "Registrar" in each place
where it occurs and inserting instead --
" Tribunal ".
15 (3) Section 27(3) is amended as follows:
(a) after "referred to the" by deleting "Registrar" and
inserting instead --
" Tribunal ";
(b) in paragraph (b) by deleting "his or its own motion, the
20 Registrar or, where the matter has been referred by the
Registrar to the Tribunal under section 22, the" and
inserting instead --
" its own motion, the ".
132. Section 29 repealed
25 Section 29 is repealed.
page 56
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Community Services Act 1972 Division 23
s. 133
Division 23 -- Community Services Act 1972
133. The Act amended
The amendments in this Division are to the Community Services
Act 1972*.
5 [* Reprinted as at 5 April 2002.]
134. Section 17C amended
(1) Section 17C(1) is amended by deleting all of the subsection
after "officer, may" and inserting instead --
"
10 apply to the State Administrative Tribunal for a review
of the decision of the Director-General.
".
(2) Section 17C(3) and (4) are repealed.
Division 24 -- Competition Policy Reform (Western Australia)
15 Act 1996
135. The Act amended
The amendments in this Division are to the Competition Policy
Reform (Western Australia) Act 1996*.
[* Reprinted as at 6 July 2001.
20 For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 64.]
136. Section 45 amended
Section 45 is amended as follows:
(a) by deleting the definitions of "Chairman", "Commercial
25 Tribunal", "Deputy Chairman" and "Registrar";
page 57
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 25 Consumer Affairs Act 1971
s. 137
(b) by inserting the following definition in the appropriate
alphabetical position --
"
"executive officer of the State Administrative
5 Tribunal" has the meaning given to the term
"executive officer" in section 3(1) of the State
Administrative Tribunal Act 2003;
".
137. Section 52 amended
10 Section 52 is amended as follows:
(a) in paragraph (b) by deleting "Commercial Tribunal" and
inserting instead --
" State Administrative Tribunal ";
(b) by deleting paragraphs (c), (d) and (e) and inserting
15 instead --
"
(c) to the Chairperson is taken to be a reference to
the Commissioner;
(d) to the Deputy Chairperson is taken to be a
20 reference to the Commissioner;
(e) to the Registrar is taken to be a reference to the
executive officer of the State Administrative
Tribunal;
".
25 Division 25 -- Consumer Affairs Act 1971
138. The Act amended
The amendments in this Division are to the Consumer Affairs
Act 1971*.
[* Reprinted as at 25 March 1999.
30 For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 77.]
page 58
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Consumer Affairs Act 1971 Division 25
s. 139
139. Section 15 amended
(1) Section 15(1) is amended by inserting after "this" --
" or any other ".
(2) Section 15(1a) is amended by inserting after "deemed"--
5 " , for the purposes of this or any other Act, ".
140. Section 15A amended
Section 15A(1) is amended by deleting "The" and inserting
instead --
"
10 In addition to other functions that this or any other Act
gives to the Commissioner, the
".
141. Section 19 amended
(1) Section 19(1) is amended by deleting "the Fair Trading
15 Act 1987" and inserting instead --
" any other Act ".
(2) Section 19(1c) is amended by deleting "the Fair Trading
Act 1987" and inserting instead --
" any other Act ".
20 (3) Section 19(1d) is amended by deleting "the Fair Trading
Act 1987" and inserting instead --
" any other Act ".
(4) Section 19(2)(a) is amended by deleting "the Fair Trading
Act 1987" and inserting instead --
25 " another Act ".
page 59
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 25 Consumer Affairs Act 1971
s. 142
142. Section 20 amended
Section 20(2) is amended by deleting "the Fair Trading
Act 1987 required" and inserting instead --
" any other Act required by the Commissioner ".
5 143. Section 21 amended
Section 21(2) is amended as follows:
(a) in paragraph (a) by deleting "Fair Trading Act 1987"
and inserting instead --
" other Act that is relevant ";
10 (b) in paragraph (b) by deleting "Fair Trading Act 1987"
and inserting instead --
" other Act that is relevant ".
144. Section 23 amended
Section 23 is amended by deleting "the Fair Trading Act 1987"
15 and inserting instead --
" another Act ".
145. Section 24 amended
(1) Section 24(2) is amended as follows:
(a) by deleting "with this Act" and inserting instead --
20 " with the relevant Act ";
(b) by inserting after "purposes of this Act" --
" or another Act (the "relevant Act") ".
(2) Section 24(3) is amended as follows:
(a) by inserting after "prohibits a person who" --
25 "
exercises powers or performs duties or functions under
this Act and
";
page 60
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Consumer Credit (Western Australia) Act 1996 Division 26
s. 146
(b) by deleting "any information referred to in that
subsection";
(c) by inserting after "under that Act" --
"
5 , any information acquired under or for the
purposes of this Act
".
Division 26 -- Consumer Credit (Western Australia) Act 1996
146. The Act amended
10 The amendments in this Division are to the Consumer Credit
(Western Australia) Act 1996*.
[* Reprinted as at 6 September 2002.
For subsequent amendments see Gazette 2 May 2003
p. 1495.]
15 147. Section 7 amended
Section 7(1)(a) is amended by deleting "Commercial Tribunal
of Western Australia constituted under the Commercial
Tribunal Act 1984" and inserting instead --
" State Administrative Tribunal ".
20 Division 27 -- Control of Vehicles (Off-road Areas) Act 1978
148. The Act amended
The amendments in this Division are to the Control of Vehicles
(Off-road Areas) Act 1978*.
[* Reprinted as at 2 August 2002.]
page 61
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 28 Co-operative and Provident Societies Act 1903
s. 149
149. Section 33 replaced
Section 33 is repealed and the following section is inserted
instead --
"
5 33. Review
There is a right to apply to the State Administrative
Tribunal for a review of a decision --
(a) to refuse a registration, or the renewal or a
transfer of a registration, under this Act; or
10 (b) to suspend a registration.
".
Division 28 -- Co-operative and Provident Societies Act 1903
150. The Act amended
The amendments in this Division are to the Co-operative and
15 Provident Societies Act 1903*.
[* Reprinted as at 7 September 2001.
For subsequent amendments see Act No. 20 of 2003.]
151. Section 6 amended
(1) Section 6(1) is amended by deleting all of the subsection after
20 "may" and inserting instead --
"
apply to the State Administrative Tribunal for a review
of the refusal.
".
25 (2) Section 6(2) is repealed.
page 62
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Country Areas Water Supply Act 1947 Division 29
s. 152
152. Section 8 amended
(1) Section 8(4) is amended as follows:
(a) by deleting "appeal to the Supreme Court from" and
inserting instead --
5 "
apply to the State Administrative Tribunal for a review
of
";
(b) by deleting "from" in the second place where it occurs.
10 (2) Section 8(5) is amended by deleting "appeal" and inserting
instead --
" review ".
Division 29 -- Country Areas Water Supply Act 1947
153. The Act amended
15 The amendments in this Division are to the Country Areas
Water Supply Act 1947*.
[* Reprinted as at 19 March 1999.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 84.]
20 154. Section 12BE amended
Section 12BE(1) is amended by deleting "appeal under
section 12D" and inserting instead --
" application under section 12D for a review ".
155. Section 12C amended
25 Section 12C(5) is amended by deleting "appeal" and inserting
instead --
" application for a review ".
page 63
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 29 Country Areas Water Supply Act 1947
s. 156
156. Section 12D amended
(1) Section 12D(1) is amended by deleting all of the subsection
after "(d), may" and inserting instead --
"
5 apply to the State Administrative Tribunal for a review
of the decision of the Commission.
".
(2) Section 12D(2) is amended as follows:
(a) by deleting "appeal" in both places where it occurs and
10 inserting instead --
" application ";
(b) by inserting after "subsection (1)" --
" for a review ".
157. Part VI Division 2 heading amended
15 The heading to Part VI Division 2 is amended by deleting
"appeals" and inserting instead --
" review ".
158. Section 58 amended
Section 58(7) is amended by deleting "an appeal against the
20 decision may be made" and inserting instead --
" a review of the decision may be sought ".
159. Section 59 amended
(1) Section 59(1) is amended by deleting "treat the objection as an
appeal against the relevant entry" and inserting instead --
25 "
refer the relevant entry in the records to the State
Administrative Tribunal for a review
".
page 64
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Country Areas Water Supply Act 1947 Division 29
s. 160
(2) Section 59(2) is amended by deleting "objection to a Land
Valuation Tribunal under the Land Valuation Tribunals
Act 1978 as an appeal" and inserting instead --
"
5 relevant entry in the records to the State Administrative
Tribunal for a review
".
(3) After section 59(2) the following subsection is inserted --
"
10 (3) The Corporation is to effect the reference by
forwarding the notice to the executive officer of the
State Administrative Tribunal together with the
objection and a copy certified by or on behalf of the
Corporation of --
15 (a) the relevant entry in the records; and
(b) the reasons, if any, for the entry.
".
160. Section 60 amended
(1) Section 60(1) is amended as follows:
20 (a) by deleting "treat an objection as an appeal" and
inserting instead --
"
refer the relevant entry in the records to the State
Administrative Tribunal for a review
25 ";
(b) by deleting all of the subsection after "to refer" and
inserting instead --
"
the decision to refuse to extend time to the State
30 Administrative Tribunal for a review.
".
page 65
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 29 Country Areas Water Supply Act 1947
s. 161
(2) Section 60(2) is amended by deleting "such a Tribunal as an
appeal" and inserting instead --
" the State Administrative Tribunal for a review. ".
(3) After section 60(2) the following subsection is inserted --
5 "
(3) The Corporation is to effect the reference by
forwarding the notice to the executive officer of the
State Administrative Tribunal together with the
objection and a copy certified by or on behalf of the
10 Corporation of --
(a) the decision to refuse to extend the time; and
(b) the reasons, if any, for the decision.
".
161. Sections 60A and 60B inserted
15 After section 60 the following sections are inserted --
"
60A. New matters raised on review
(1) Upon a review by the State Administrative Tribunal on
a reference under section 59 or 60, the State
20 Administrative Tribunal may consider --
(a) grounds in addition to those stated in the notice
of objection; and
(b) reasons in addition to any reasons previously
given for the Corporation's decision that is
25 under review.
(2) The State Administrative Tribunal is to ensure, by
adjournment or otherwise, that each party and any
other person entitled to be heard has a reasonable
opportunity of properly considering and responding to
30 any new ground or reason that the State Administrative
page 66
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Country Areas Water Supply Act 1947 Division 29
s. 162
Tribunal proposes to consider in accordance with
subsection (1).
60B. Written reasons for certain determinations to be
given and published
5 (1) If the State Administrative Tribunal considers that an
order it makes determining a matter coming before it
on a reference under section 59 or 60 is of general
interest or significance, it is to prepare written reasons
for its order and give a copy of the reasons to each
10 party and publish the written reasons.
(2) The obligation imposed by subsection (1) is in addition
to, and does not derogate from, any obligation of the
State Administrative Tribunal under the State
Administrative Tribunal Act 2003.
15 ".
162. Section 61 amended
Section 61(1) is amended by deleting "appeal" and inserting
instead --
" review ".
20 163. Section 62 amended
Section 62 is amended by deleting "or an appeal" and "or the
appeal".
164. Section 62A amended
(1) Section 62A(1) is amended as follows:
25 (a) by deleting "or an appeal".
(b) by inserting after "1978" --
"
or in consequence of a review by the State
Administrative Tribunal
30 ".
page 67
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 30 Country Towns Sewerage Act 1948
s. 165
(2) Section 62A(2) is amended by deleting all of the subsection
after "when" and inserting instead --
"
amendment of an assessment is necessary under
5 subsection (1).
".
Division 30 -- Country Towns Sewerage Act 1948
165. The Act amended
The amendments in this Division are to the Country Towns
10 Sewerage Act 1948*.
[* Reprinted as at 9 November 2001.]
166. Heading amended
The heading before section 61 is amended by deleting
"Appeals" and inserting instead --
15 " Review ".
167. Section 61 amended
Section 61(6) is amended by deleting "an appeal against the
decision may be made" and inserting instead --
" a review of the decision may be sought ".
20 168. Section 62 amended
(1) Section 62(1) is amended by deleting "treat the objection as an
appeal against the relevant entry" and inserting instead --
"
refer the relevant entry to the State Administrative
25 Tribunal for a review
".
page 68
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Country Towns Sewerage Act 1948 Division 30
s. 169
(2) Section 62(2) is amended by deleting all of the subsection after
"refer the" and inserting instead --
"
relevant entry in the records to the State Administrative
5 Tribunal for a review.
".
(3) After section 62(2) the following subsection is inserted --
"
(3) The Corporation is to effect the reference by
10 forwarding the notice to the executive officer of the
State Administrative Tribunal together with the
objection and a copy certified by or on behalf of the
Corporation of --
(a) the relevant entry in the records; and
15 (b) the reasons, if any, for the entry.
".
169. Section 63 amended
(1) Section 63(1) is amended as follows:
(a) by deleting "treat an objection as an appeal" and
20 inserting instead --
"
refer the relevant entry in the rating records to the State
Administrative Tribunal for a review
";
25 (b) by deleting all of the subsection after "to refer" and
inserting instead --
"
the decision to refuse to extend time to the State
Administrative Tribunal for a review.
30 ".
page 69
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 30 Country Towns Sewerage Act 1948
s. 170
(2) Section 63(2) is amended by deleting "a Land Valuation
Tribunal as an appeal" and inserting instead --
" the State Administrative Tribunal for a review ".
(3) After section 63(2) the following subsection is inserted --
5 "
(3) The Corporation is to effect the reference by
forwarding the notice to the executive officer of the
State Administrative Tribunal together with the
objection and a copy certified by or on behalf of the
10 Corporation of --
(a) the decision to refuse to extend the time; and
(b) the reasons, if any, for the decision.
".
170. Sections 63A and 63B inserted
15 After section 63 the following sections are inserted --
"
63A. New matters raised on review
(1) Upon a review by the State Administrative Tribunal on
a reference under section 62 or 63, the State
20 Administrative Tribunal may consider --
(a) grounds in addition to those stated in the notice
of objection; and
(b) reasons in addition to any reasons previously
given for the Corporation's decision that is
25 under review.
(2) The State Administrative Tribunal is to ensure, by
adjournment or otherwise, that each party and any
other person entitled to be heard has a reasonable
opportunity of properly considering and responding to
30 any new ground or reason that the State Administrative
page 70
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Country Towns Sewerage Act 1948 Division 30
s. 171
Tribunal proposes to consider in accordance with
subsection (1).
63B. Written reasons for certain determinations to be
given and published
5 (1) If the State Administrative Tribunal considers that an
order it makes determining a matter coming before it
on a reference under section 62 or 63 is of general
interest or significance, it is to prepare written reasons
for its order and give a copy of the reasons to each
10 party and publish the written reasons.
(2) The obligation imposed by subsection (1) is in addition
to, and does not derogate from, any obligation of the
State Administrative Tribunal under the State
Administrative Tribunal Act 2003.
15 ".
171. Section 64 amended
Section 64 is amended by deleting "appeal" and inserting
instead --
" review ".
20 172. Section 65 amended
Section 65 is amended by deleting "or an appeal" and "or the
appeal".
173. Section 65A amended
(1) Section 65A(1) is amended as follows:
25 (a) by deleting "or an appeal".
(b) by inserting after "1978" --
"
or in consequence of a review by the State
Administrative Tribunal
30 ".
page 71
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 31 Credit Act 1984
s. 174
(2) Section 65A(2) is amended by deleting all of the subsection
after "when" and inserting instead --
"
amendment of an assessment is necessary under
5 subsection (1).
".
Division 31 -- Credit Act 1984
174. The Act amended
The amendments in this Division are to the Credit Act 1984*.
10 [* Reprinted as at 6 April 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 87.]
175. Section 5 amended
Section 5(1) is amended in the definition of "Tribunal" by
15 deleting "Commercial Tribunal of Western Australia" and
inserting instead --
" State Administrative Tribunal ".
176. Section 85B amended
Section 85B(9) is repealed.
20 177. Section 86 amended
(1) Section 86(5) is amended by deleting "Commercial Tribunal
Act 1984" and inserting instead --
" State Administrative Tribunal Act 2003 "
(2) Section 86(6) is repealed.
page 72
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Credit (Administration) Act 1984 Division 32
s. 178
178. Section 167A amended
Section 167A(5) is amended by deleting "Tribunal" and
inserting instead --
"
5 former Commercial Tribunal established under the
Commercial Tribunal Act 1984
".
179. Section 167B amended
Section 167B(3) is amended by deleting "Tribunal" and
10 inserting instead --
"
former Commercial Tribunal established under the
Commercial Tribunal Act 1984
".
15 180. Section 170 amended
Section 170(1)(a) is amended by deleting "Tribunal" and
inserting instead --
" Commissioner ".
Division 32 -- Credit (Administration) Act 1984
20 181. The Act amended
The amendments in this Division are to the Credit
(Administration) Act 1984*.
[* Reprinted as at 5 May 2000.
For subsequent amendments see Western Australian
25 Legislation Information Tables for 2002, Table 1, p. 88.]
182. Section 3 repealed
Section 3 is repealed.
page 73
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 32 Credit (Administration) Act 1984
s. 183
183. Section 4 amended
Section 4 is amended as follows:
(a) by deleting the definitions of "Registrar" and
"Tribunal";
5 (b) in the definition of "trade or tie agreement" by deleting
the semicolon and inserting instead a full stop.
184. Section 9 amended
Section 9(5) is amended by deleting "Tribunal or the Registrar"
in both places where it occurs and inserting instead --
10 " Commissioner ".
185. Section 10 amended
(1) Section 10(1) is amended as follows:
(a) by deleting "Registrar shall send a copy of the
application to the Commissioner with a request in
15 writing that the Commissioner" and inserting instead --
" Commissioner may ";
(b) by deleting "Registrar specifies in the request" and
inserting instead --
" Commissioner considers necessary ".
20 (2) Section 10(2) is repealed.
(3) Section 10(3) is amended as follows:
(a) by deleting "a copy of which is sent to" and inserting
instead --
" received by ";
25 (b) by deleting "subsection (1)" and inserting instead --
" section 9 ".
page 74
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Credit (Administration) Act 1984 Division 32
s. 186
(4) Section 10(4) is amended by deleting "submits to the Tribunal a
report on an application, the Registrar" and inserting instead --
"
receives an application and has the results of any
5 investigation under this section, the Commissioner
".
186. Section 11 amended
(1) Section 11(1) is amended by deleting "the Commissioner may
with the consent of the Minister, and any other person may,"
10 and inserting instead --
" any person may ".
(2) Section 11(2)(c) is amended by deleting "Commissioner or
other".
187. Section 12 amended
15 (1) Section 12(1) is repealed and the following subsection is
inserted instead --
"
(1) Unless subsection (2) or (4) requires it to be refused,
the Commissioner shall grant an application for a
20 licence as soon as practicable after the expiration of the
period allowed by or under section 11(1) for the
lodging of an objection to the granting of an
application.
".
25 (2) Section 12(5) is amended as follows:
(a) by deleting "Tribunal is satisfied that the ground has
been made out after it" and inserting instead --
" Commissioner ";
(b) in paragraph (a) by deleting "and has held a hearing with
30 respect to the application";
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Part 2 Various Acts amended to confer jurisdiction
Division 32 Credit (Administration) Act 1984
s. 187
(c) in paragraph (b) by deleting "to appear at the hearing
and".
(3) Section 12(6) is repealed and the following subsection is
inserted instead --
5 "
(6) Where an application for a licence is refused, the
Commissioner shall forthwith, by notice in writing,
inform the applicant and each objector (if any) to the
granting of the application of the refusal and of the
10 ground on which the refusal is based and inform the
applicant of the right to apply to the State
Administrative Tribunal for a review of the refusal, and
the Commissioner shall, as soon as practicable, refund
to the applicant so much of the application fee as is
15 appropriate to be refunded.
".
(4) Section 12(7) is amended by inserting after "of the
application" --
"
20 and the right to apply to the State Administrative
Tribunal for a review of the decision to grant the
application
".
(5) Section 12(8)(b) is amended by inserting after "of the
25 application" --
"
and the right to apply to the State
Administrative Tribunal for a review of any
condition or restriction imposed
30 ".
(6) Section 12(9) is amended by deleting "appeared personally
before" and inserting instead --
" attended personally on ".
page 76
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Credit (Administration) Act 1984 Division 32
s. 188
188. Section 13 amended
(1) Section 13(3) is amended as follows:
(a) by deleting "Subject to subsection (4), the Tribunal" and
inserting instead --
5 " The Commissioner ";
(b) by deleting "held a hearing with respect to the
conditions and restrictions that are proposed to be
imposed or varied and has";
(c) by deleting "appear at the hearing and to make
10 submissions and adduce evidence" and inserting
instead --
" make written submissions ".
(2) Section 13(4) is repealed.
189. Section 14 amended
15 Section 14(3) is amended by deleting "accordance with the
rules, the Tribunal" and inserting instead --
" writing, the Commissioner ".
190. Section 22 amended
Section 22(2) is repealed and the following subsection is
20 inserted instead --
"
(2) Where the Commissioner makes an allegation under
section 23 against the holder of a licence, the licence
cannot be surrendered until after effect has been given
25 to any order made by the State Administrative Tribunal
in disposing of the allegation or by the court dealing
with an appeal from an order of the State
Administrative Tribunal.
".
page 77
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 32 Credit (Administration) Act 1984
s. 191
191. Section 23 amended
(1) Section 23(1) and (2) are repealed and the following subsections
are inserted instead --
"
5 (1) Any person may, at any time, make to the
Commissioner a written complaint about the holding of
a licence by a specified licensee if the complaint
complies with subsection (2).
(2) For a complaint to comply with this subsection --
10 (a) the complaint has to specify the licensee and
the grounds of the complaint; and
(b) the grounds of the complaint have to be capable
of reasonably giving rise to a belief described
in subsection (4).
15 ".
(2) Section 23(3) is repealed.
(3) Section 23(4) is amended as follows:
(a) by deleting "Where it appears to the Chairman, whether
or not pursuant to an objection under subsection (1),
20 that" and inserting instead --
"
The Commissioner may, on receiving a complaint
under subsection (1) or on the Commissioner's own
initiative, make any investigation or inquiry that the
25 Commissioner considers necessary to decide whether
";
(b) in paragraph (b) by deleting "of the Tribunal" and
inserting instead --
" under any of the cognate Acts ";
30 (c) by deleting the comma and all of the subsection after
paragraph (j) and inserting instead a full stop.
page 78
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
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Various Acts amended to confer jurisdiction Part 2
Credit (Administration) Act 1984 Division 32
s. 191
(4) Section 23(5), (6) and (7) are repealed and the following
subsections are inserted instead --
"
(5) If the Commissioner decides that it is appropriate to do
5 so, the Commissioner may make an allegation to the
State Administrative Tribunal that there are reasonable
grounds for a belief described in subsection (4)
concerning a specified licensee.
(6) If the Commissioner decides not to make an allegation
10 concerning a licensee about whom a complaint was
made to the Commissioner under subsection (1), the
Commissioner is required to notify the person who
made the complaint of that decision and the reason
for it.
15 ".
(5) Section 23(8) is amended as follows:
(a) by deleting ", after holding an inquiry in relation to a
licence, the Tribunal" and inserting instead --
"
20 the State Administrative Tribunal, on dealing with an
allegation under subsection (5),
";
(b) by deleting "on the part of the Chairman";
(c) by deleting "the Tribunal" in the second place where it
25 occurs and inserting instead --
" it ".
(6) Section 23(9) and (10) are repealed.
(7) Section 23(14) is amended by deleting "an inquiry under this
section," and inserting instead --
30 "
a proceeding before the State Administrative Tribunal
upon an allegation under subsection (5),
".
page 79
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 32 Credit (Administration) Act 1984
s. 192
192. Part II Division 4 heading replaced
The heading to Part II Division 4 is deleted and the following
heading is inserted instead --
" Division 4 -- Review ".
5 193. Section 24 replaced
Section 24 is repealed and the following section is inserted
instead --
"
24. Application for review
10 (1) A person aggrieved by a reviewable decision may
apply to the State Administrative Tribunal for a review
of the decision.
(2) In subsection (1) --
"person aggrieved" means --
15 (a) a person upon whose application a
reviewable decision is made or a person who
lodged an objection to the application; or
(b) the holder of the licence to which a
reviewable decision relates.
20 "reviewable decision" means --
(a) a decision under section 12 to grant or refuse
an application for a licence;
(b) a decision under section 13 to impose or vary
a condition or restriction; or
25 (c) a decision under section 25(3) to grant or
refuse an application or impose a condition.
".
page 80
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Credit (Administration) Act 1984 Division 32
s. 194
194. Section 25 amended
Section 25(2), (3) and (4) are repealed and the following
subsections are inserted instead --
"
5 (2) The Commissioner may make any investigation or
inquiry that the Commissioner considers necessary for
the purpose of dealing with the application.
(3) The Commissioner shall grant or refuse the application
and, on granting the application, may impose
10 conditions subject to which the business to which the
application relates may be carried on.
".
195. Section 28 amended
Section 28(3) is amended as follows:
15 (a) by deleting paragraph (a) and inserting instead --
"
(a) the Commissioner cannot make an allegation
under section 23 to the State Administrative
Tribunal;
20 ";
(b) in paragraph (b) by deleting "may not" and inserting
instead --
" cannot ".
196. Section 29 amended
25 Section 29(1)(a) and "and" after it are deleted.
197. Section 30 amended
(1) Section 30(1) is amended by deleting "after inquiry".
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 32 Credit (Administration) Act 1984
s. 198
(2) Section 30(3) is amended by deleting "commissioner" and
inserting instead --
" Commissioner ".
198. Section 32 amended
5 (1) Section 32(1) is amended by deleting "the Tribunal (constituted
as specified in the instrument) or".
(2) Section 32(4) is amended as follows:
(a) by deleting "the Tribunal or" and inserting instead --
" a ";
10 (b) by deleting "on the Tribunal".
(3) Section 32(7) is amended as follows:
(a) by deleting "the Tribunal or" in the first place where it
occurs.
(b) by deleting "Tribunal or that".
15 (4) Section 32(8) and (9) are repealed and the following subsection
is inserted instead --
"
(8) A person appointed under subsection (1) is not liable
for any act or omission by or on the part of the person
20 that occurred in good faith and in the performance or
discharge or purported performance or discharge, of
functions under this Part.
".
199. Section 33 amended
25 Section 33 is amended as follows:
(a) by deleting "The Tribunal" and inserting instead --
" A person ";
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Various Acts amended to confer jurisdiction Part 2
Credit (Administration) Act 1984 Division 32
s. 200
(b) by deleting "it" in each place where it occurs and
inserting instead --
" the person ".
200. Section 34 amended
5 Section 34(1) is amended by deleting "Tribunal may, at an
inquiry under this Part," and inserting instead --
" person conducting an inquiry under this Part may ".
201. Section 35 amended
(1) Section 35(2) is amended as follows:
10 (a) by deleting "Tribunal may, if it thinks fit," and inserting
instead --
" person conducting the inquiry may ";
(b) by deleting "Tribunal" in the second place where it
occurs and inserting instead --
15 " person conducting the inquiry ";
(c) by deleting "Tribunal" in the third place where it occurs
and inserting instead --
" person ".
(2) Section 35(3) is amended by deleting "Tribunal" and inserting
20 instead --
" person conducting the inquiry ".
(3) Section 35(4) is amended as follows:
(a) by deleting "Tribunal" in both places where it occurs
and inserting instead --
25 " person conducting the inquiry ";
(b) by deleting "it" and inserting instead --
" the person ".
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Part 2 Various Acts amended to confer jurisdiction
Division 32 Credit (Administration) Act 1984
s. 202
(4) Section 35(5) is amended by deleting "Tribunal" and inserting
instead --
" person conducting the inquiry ".
202. Section 36 amended
5 (1) Section 36(1) is amended by deleting "Tribunal" and inserting
instead --
" person conducting the inquiry ".
(2) Section 36(3) is amended by deleting "before the Tribunal" and
inserting instead --
10 " at an inquiry ".
203. Section 39 amended
(1) Section 39(1) is amended as follows:
(a) by deleting "Tribunal" in the first place where it occurs
and inserting instead --
15 " person conducting the inquiry ";
(b) by deleting "the Tribunal" in the second place where it
occurs and inserting instead --
" that person ".
(2) Section 39(2), (3) and (5) are amended by deleting "Tribunal"
20 and inserting instead --
" person conducting the inquiry ".
(3) Section 39(8) is amended by deleting "a member of the Tribunal
or".
204. Section 40 repealed
25 Section 40 is repealed.
page 84
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Credit (Administration) Act 1984 Division 32
s. 205
205. Section 43 amended
Section 43(2) is amended as follows:
(a) by deleting ", lodges an objection under section 11
or 23";
5 (b) by deleting ", the lodging of the objection".
206. Section 44 amended
Section 44 is amended by deleting "Chairman" and inserting
instead --
" President ".
10 207. Section 56 amended
(1) Section 56(1) is amended as follows:
(a) by deleting paragraph (a) and inserting instead --
"
(a) a member of, or the Registrar of, the former
15 Commercial Tribunal that existed under the
Commercial Tribunal Act 1984 before that Act
was repealed;
";
(b) by inserting "or" after paragraph (d);
20 (c) by deleting paragraph (e) and "or" after it;
(d) in paragraph (f) by deleting "or the Registrar".
(2) Section 56(2) is amended by deleting "Commercial Tribunal
Act 1984" and inserting instead --
" State Administrative Tribunal Act 2003 ".
page 85
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 32 Credit (Administration) Act 1984
s. 208
208. Section 57 amended
Section 57 is amended by deleting "Tribunal, the Commissioner
or the Registrar may extend a period, the Tribunal,
Commissioner or Registrar" and inserting instead --
5 "
State Administrative Tribunal or the Commissioner
may extend a period, the State Administrative Tribunal
or the Commissioner
".
10 209. Section 60 amended
(1) Section 60 is amended by inserting before "The" the subsection
designation "(1)".
(2) At the end of section 60 the following subsection is inserted --
"
15 (2) The annual report of the department in which the
Commissioner is employed is to include details of --
(a) the number, nature, and outcome, of --
(i) investigations and inquiries undertaken
by, or at the direction of, the
20 Commissioner for the purposes of this
Act; and
(ii) matters that have been brought before
the State Administrative Tribunal under
this Act;
25 (b) the number and nature of matters referred to in
paragraph (a) that are outstanding;
(c) any trends or special problems that may have
emerged;
(d) forecasts of the workload of the Commissioner
30 in performing functions under this Act in the
year after the year to which the report relates;
and
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Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Credit (Administration) Act 1984 Division 32
s. 210
(e) any proposals for improving the performance of
the Commissioner's functions under this Act.
".
210. Schedule 1 repealed
5 Schedule 1 is repealed.
211. Various references to "Tribunal" amended
(1) The Act is amended by deleting "Tribunal" in each place
specified in the Table to this section and inserting instead --
" Commissioner ".
10 Table
s. 9(1) and (4)
s. 9(5) (in the second place)
s. 11(1) (in both places)
s. 11(2)(b)
s. 12(2) and (3)
s. 12(4) (both places)
s. 12(9) (5 places)
s. 13(1)
s. 13(3) (in the second place)
s. 22(3)
s. 23(4)(i)
s. 23(11) (in the second place)
page 87
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Part 2 Various Acts amended to confer jurisdiction
Division 32 Credit (Administration) Act 1984
s. 212
(2) The Act is amended by deleting "Tribunal" in each place
specified in the Table to this section and inserting instead --
" State Administrative Tribunal ".
Table
s. 26
s. 28(1)(b)
s. 29(5)
s. 30(1), (2), (3) (all in the first place)
s. 30(4)
s. 31(1)
s. 41(1)(a) (both places)
s. 41(2)
s. 42 (3 places)
s. 43(1)
s. 44 (in the first place)
s. 54(1)
5 212. Various references to "Registrar" amended
The Act is amended by deleting "Registrar" in each place
specified in the Table to this section and inserting instead --
" Commissioner ".
Table
s. 12(7) and (8)(b)
s. 16(1)
s. 16(2) (both places)
s. 18(1)
s. 23(12)
s. 25(1) (both places)
s. 26 (both places)
s. 51(1) and (2)
page 88
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Cremation Act 1929 Division 33
s. 213
Division 33 -- Cremation Act 1929
213. The Act amended
The amendments in this Division are to the Cremation
Act 1929*.
5 [* Reprinted as at 16 February 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 88.]
214. Section 8 amended
Section 8(6) is amended by deleting all of the subsection after
10 "applicant may" and inserting instead --
"
apply to the State Administrative Tribunal for a review
of the decision of the medical referee.
".
15 Division 34 -- Dangerous Goods Safety Act 2003
215. The Act amended
The amendments in this Division are to the Dangerous Goods
Safety Act 2003*.
[* Bill currently before Parliament as Dangerous Goods Safety
20 Bill 2002.]
216. Section 67 amended
(1) Section 67(1) is amended in the definition of "appealable
decision" by deleting "appealable" and inserting instead --
" reviewable ".
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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 35 Dangerous Goods (Transport) Act 1998
s. 217
(2) Section 67(2) is amended by deleting "an appealable decision
may appeal to a Local Court against" and inserting instead --
"
a reviewable decision may apply to the State
5 Administrative Tribunal for a review of
".
(3) Section 67(3), (4), (5), (6) and (7) are repealed.
217. Schedule 1 amended
Schedule 1 clause 8(10) is amended by inserting after
10 "conditions" --
"
but not so as to provide for review by the State
Administrative Tribunal
".
15 Division 35 -- Dangerous Goods (Transport) Act 1998
218. The Act amended
(1) The amendments in this Division are to the Dangerous Goods
(Transport) Act 1998*.
[* Act No. 50 of 1998.]
20 (2) This Division is of no effect if the Dangerous Goods
(Transport) Act 1998 is repealed and this Division has not come
into operation before the repeal.
219. Section 4 amended
Section 4 is amended by deleting "a Local Court" and inserting
25 instead --
" the State Administrative Tribunal ".
220. Section 8 amended
Section 8(2)(v) is deleted.
page 90
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Debt Collectors Licensing Act 1964 Division 36
s. 221
Division 36 -- Debt Collectors Licensing Act 1964
221. The Act amended
The amendments in this Division are to the Debt Collectors
Licensing Act 1964*.
5 [* Reprint 2 as at 7 March 2003.]
222. Section 3 amended
Section 3 is amended as follows:
(a) by inserting after the definition of "bank" --
"
10 "Commissioner" has the meaning given to that term in
section 4(1) of the Consumer Affairs Act 1971;
";
(b) by deleting the definition of "Court".
223. Section 8 amended
15 (1) Section 8(3) is amended by deleting all of the subsection after
"lodged with the" and inserting instead --
" Commissioner. ".
(2) Section 8(4) is amended as follows:
(a) by deleting "Clerk of the Court" and inserting instead --
20 " Commissioner ";
(b) by deleting "officer in charge of police at the police
station nearest to the Court of the fact and that officer"
and inserting instead --
" Commissioner of Police, who ";
25 (c) in paragraph (b) by deleting "Court" and inserting
instead --
" Commissioner ".
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Part 2 Various Acts amended to confer jurisdiction
Division 36 Debt Collectors Licensing Act 1964
s. 223
(3) Section 8(5) is amended as follows:
(a) in paragraph (a) --
(i) by deleting "officer in charge referred to in
subsection (4)," and inserting instead --
5 " Commissioner of Police ";
(ii) by deleting "proposes to so object" and inserting
instead --
" objects "; and
(iii) by deleting "so proposes" and inserting
10 instead --
" objects ";
(b) in paragraph (b) by deleting "Court" and inserting
instead --
" Commissioner ";
15 (c) by deleting paragraph (c) and inserting instead --
"
(c) Where a report of the Commissioner of Police
contains an objection, the Commissioner under
this Act shall notify the applicant concerned in
20 the form prescribed of the objection and afford
the applicant the opportunity to make
submissions in support of the application.
".
(4) Section 8(6) is amended as follows:
25 (a) by deleting "Court in hearing an" and inserting
instead --
"
Commissioner, for the purposes of deciding an
";
30 (b) by deleting "may call and receive" and inserting
instead --
" , may consider ".
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Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Debt Collectors Licensing Act 1964 Division 36
s. 224
(5) Section 8(7), (8) and (9) are repealed.
(6) Section 8(10) is amended by deleting "Court hearing the
application" and inserting instead --
" Commissioner ".
5 224. Section 9 amended
(1) Section 9(1) is amended as follows:
(a) by deleting "Court hearing" and inserting instead --
" Commissioner has to refuse ".
(b) by deleting "shall refuse the application unless it is" and
10 inserting instead --
" unless ".
(2) Section 9(3) is repealed.
(3) Section 9(4) is amended as follows:
(a) by deleting "where the Court" and inserting instead --
15 " where the Commissioner ";
(b) by deleting "Clerk of the Court" and inserting instead --
" Commissioner ".
(4) Section 9(5) is amended by deleting "a Stipendiary Magistrate,
he may order the issue of " and inserting instead --
20 " the Commissioner, he may issue ".
225. Section 10 amended
(1) Section 10(1) is repealed and the following subsections are
inserted instead --
"
25 (1) Any person may, at any time, make a complaint in
writing to the Commissioner about the holding of a
licence by a specified licensee if the complaint
complies with subsection (1ab).
page 93
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 36 Debt Collectors Licensing Act 1964
s. 225
(1a) For a complaint to comply with this subsection --
(a) the complaint has to specify the licensee and
the ground of the complaint; and
(b) the ground of the complaint has to be a ground
5 described in subsection (1).
(1b) The Commissioner may, on receiving a complaint
under subsection (1) or on the Commissioner's own
initiative, make any investigation or inquiry that the
Commissioner considers necessary to decide whether
10 to make an allegation under subsection (2) --
(a) on the ground that the licensee improperly
obtained his licence contrary to the provisions
of this Act;
(b) on the ground that the licensee has been
15 convicted of any offence against this Act; or
(c) on any of the grounds on which the
Commissioner may refuse the grant or renewal
of a licence under section 9.
(1c) If the Commissioner decides that it is appropriate to do
20 so, the Commissioner may make an allegation to the
State Administrative Tribunal that there is a ground for
it to make an order under subsection (2).
(1d) If the Commissioner decides not to make an allegation
concerning a licensee about whom a complaint was
25 made to the Commissioner under subsection (1), the
Commissioner is required to notify the person who
made the complaint of that decision and the reason for
it.
".
page 94
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Debt Collectors Licensing Act 1964 Division 36
s. 226
(2) Section 10(2) is amended as follows:
(a) by deleting "Where the Court" and inserting instead --
"
Where the State Administrative Tribunal, on dealing
5 with an allegation under subsection (1c),
";
(b) by deleting "those grounds is proved, the Court" and
inserting instead --
"
10 the grounds described in subsection (1b) is proved, it
";
(c) by deleting "Clerk of the Court" and inserting instead --
" Commissioner ";
(d) by deleting "as the Court" and inserting instead --
15 " as the Tribunal ".
(3) Section 10(3) is repealed.
(4) Section 10(4) is amended by deleting "a Court makes an order
under subsection (2), the Clerk of the Court" and inserting
instead --
20 "
the State Administrative Tribunal makes an order under
subsection (2), the Commissioner
".
226. Section 11 replaced
25 Section 11 is repealed and the following section is inserted
instead --
"
11. Review of Commissioner's decision
(1) Where the Commissioner refuses to grant an
30 application under section 8 the applicant may apply to
page 95
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Part 2 Various Acts amended to confer jurisdiction
Division 36 Debt Collectors Licensing Act 1964
s. 227
the State Administrative Tribunal for a review of the
decision.
(2) Where the Commissioner grants an application under
section 8 after the Commissioner of Police has objected
5 under that section to the granting of the application, the
Commissioner of Police may apply to the State
Administrative Tribunal for a review of the decision.
".
227. Section 12 amended
10 (1) Section 12(1) is amended as follows:
(a) by deleting "Each Clerk of a Court" and inserting
instead --
" The Commissioner ";
(b) by deleting "granted or made by the Court of which he
15 is the Clerk".
(2) Section 12(2) is amended by deleting "Clerk" and inserting
instead --
" Commissioner ".
228. Section 12A inserted
20 After section 12 the following section is inserted --
"
12A. Matters to be included in annual report
The annual report of the department in which the
Commissioner is employed is to include details of --
25 (a) the number, nature, and outcome, of --
(i) investigations and inquiries undertaken
by, or at the direction of, the
Commissioner for the purposes of this
Act; and
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Various Acts amended to confer jurisdiction Part 2
Debt Collectors Licensing Act 1964 Division 36
s. 229
(ii) matters that have been brought before
the State Administrative Tribunal under
this Act;
(b) the number and nature of matters referred to in
5 paragraph (a) that are outstanding;
(c) any trends or special problems that may have
emerged;
(d) forecasts of the workload of the Commissioner
in performing functions under this Act in the
10 year after the year to which the report relates;
and
(e) any proposals for improving the performance of
the Commissioner's functions under this Act.
".
15 229. Section 15 amended
Section 15(4) is amended as follows:
(a) in paragraph (a) by deleting "Clerk of the Court that
granted his licence," and inserting instead --
" Commissioner ";
20 (b) in paragraph (b) by deleting "Clerk" and inserting
instead --
" Commissioner ".
230. Section 20 amended
Section 20(1) is amended as follows:
25 (a) by deleting "Where the Court" and inserting instead --
" Where the Commissioner ";
(b) by deleting "Clerk of the Court" and inserting instead --
" Commissioner ".
page 97
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 37 Dental Act 1939
s. 231
231. Section 21 amended
(1) Section 21(1)(a) is amended by deleting "Clerk of the Court
with whom the bond is lodged" and inserting instead --
" Commissioner ".
5 (2) Section 21(2) is amended by deleting "appropriate Clerk of the
Court" and inserting instead --
" Commissioner ".
Division 37 -- Dental Act 1939
232. The Act amended
10 The amendments in this Division are to the Dental Act 1939*.
[* Reprinted as at 25 June 1999.]
233. Section 14C amended
After section 14C(1) the following subsection is inserted --
"
15 (1a) The Board's annual report is to include details of --
(a) the number, nature, and outcome, of --
(i) investigations and inquiries undertaken
by, or at the direction of, the Board; and
(ii) matters that have been brought before
20 the State Administrative Tribunal by the
Board;
(b) the number and nature of matters referred to in
paragraph (a) that are outstanding;
(c) any trends or special problems that may have
25 emerged;
(d) forecasts of the workload of the Board in the
year after the year to which the report relates;
and
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(e) any proposals for improving the operation of
the Board.
".
234. Section 15 amended
5 Section 15(1) amended as follows:
(a) in paragraph (h) by deleting ", and the inquiry by the
Board into such charge or complaint";
(b) by deleting paragraph (ha).
235. Section 18 amended
10 Section 18(1) is amended by inserting after "Board" --
" or the State Administrative Tribunal ".
236. Section 23 amended
Section 23(1) is amended by deleting "by the Board" and
inserting instead --
15 " by the State Administrative Tribunal ".
237. Part IV inserted
After section 29 the following headings and sections are
inserted --
"
20 Part IV -- Disciplinary proceedings
Division 1 -- Investigation
29A. Investigator
(1) The Board may appoint a person to investigate a
complaint or any other matter relevant to the Board's
25 functions and report to the Board.
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Division 37 Dental Act 1939
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(2) The Board is to issue to each investigator it appoints a
certificate of appointment in an approved form.
(3) A certificate purporting to have been issued under this
section is evidence in any court of the appointment to
5 which the certificate purports to relate.
29B. Report of investigator
(1) An investigator must --
(a) within such period as the Board requires
prepare a report on the investigation, and make
10 recommendations as to the manner in which the
complaint or other matter should be dealt with;
and
(b) immediately after preparing the report, provide
the Board with a copy of the report.
15 (2) The investigator must return his certificate of
appointment at the time the Board is provided with a
copy of the report.
29C. Powers of investigator
(1) An investigator may for the purposes of an
20 investigation --
(a) enter and inspect the premises of a person
named in a warrant issued under
section 29E(1), and exercise the powers
referred to in section 29E(2)(b) and (c);
25 (b) require a person to produce to the investigator
any document or other thing concerning the
investigation that is in the possession or under
the control of the person;
(c) inspect any document or other thing produced
30 to the investigator and retain it for such
reasonable period as the investigator thinks fit,
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and make copies of a document or any of its
contents;
(d) require a person --
(i) to give the investigator such information
5 as the investigator requires; and
(ii) to answer any question put to that
person,
in relation to the matter the subject of the
investigation; and
10 (e) exercise other powers conferred on an
investigator by the regulations.
(2) A requirement made under subsection (1)(b) --
(a) must be made by notice in writing given to the
person required to produce the document or
15 other thing;
(b) must specify the time at or within which the
document or other thing is to be produced;
(c) may, by its terms, require that the document or
other thing required be produced at a place and
20 by means specified in the requirement; and
(d) where the document required is not in a
readable format, must be treated as a
requirement to produce --
(i) the document itself; and
25 (ii) the contents of the document in a
readable format.
(3) A requirement made under subsection (1)(d) --
(a) may be made orally or by notice in writing
served on the person required to give
30 information or answer a question, as the case
may be;
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Division 37 Dental Act 1939
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(b) must specify the time at or within which the
information is to be given or the question is to
be answered, as the case may be; and
(c) may, by its terms, require that the information
5 or answer required --
(i) be given orally or in writing;
(ii) be given at or sent or delivered to a
place specified in the requirement;
(iii) in the case of written information or
10 answers be sent or delivered by means
specified in the requirement; and
(iv) be verified by statutory declaration.
(4) If under subsection (1)(d) an investigator requires a
person to give information or answer a question, the
15 investigator must inform that person that the person is
required under this Act to give the information or
answer the question.
(5) An investigator must produce his certificate of
appointment if requested to do so by a person in
20 respect of whom the investigator has exercised, or is
about to exercise, a power under this section.
29D. Warrant to enter premises
(1) If the Board has determined in a particular case that an
investigator has reasonable grounds for believing that
25 entry to premises is necessary for the purpose of an
investigation, the investigator may apply to a
magistrate for a warrant to be issued in respect of those
premises.
(2) An application for a warrant must --
30 (a) be in writing;
(b) be accompanied by a notice in writing from the
Board stating that it has determined in the
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particular case that the investigator has
reasonable grounds for believing that entry to
premises is necessary for the purpose of the
investigation;
5 (c) set out the grounds for seeking the warrant; and
(d) describe the premises that are to be entered.
(3) A magistrate to whom an application is made under
this section must refuse it if --
(a) the application does not comply with the
10 requirements of this Act; or
(b) when required to do so by the magistrate, the
investigator does not give to the magistrate
more information about the application.
(4) The information in an application or given to a
15 magistrate under this section must be verified before
the magistrate on oath or affirmation or by affidavit,
and the magistrate may for that purpose administer an
oath or affirmation or take an affidavit.
29E. Issue of warrant
20 (1) A magistrate to whom an application is made under
section 29D may issue a warrant, if satisfied that there
are reasonable grounds for believing that entry and
inspection of the premises are necessary for the
purpose of the investigation.
25 (2) A warrant under subsection (1) authorises the
investigator --
(a) to enter and inspect the premises named in the
warrant;
(b) to require a person on the premises to answer
30 questions or produce documents or other things
in the person's possession concerning the
investigation; and
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(c) to inspect documents and other things, and take
copies of or extracts from documents, produced
in compliance with a requirement made under
paragraph (b).
5 (3) There must be stated in a warrant --
(a) the purpose for which the warrant is issued;
(b) the name of the person to whom the warrant is
issued; and
(c) a description of the premises that may be
10 entered.
(4) A magistrate who issues a warrant must cause a record
to be made of particulars of the grounds that the
magistrate has relied on to justify the issue of the
warrant.
15 29F. Execution of warrant
(1) If asked by the occupier or a person in charge of the
premises, the person executing a warrant must produce
it for inspection.
(2) A warrant ceases to have effect --
20 (a) at the end of the period of one month after its
issue;
(b) if it is withdrawn by the magistrate who issued
it; or
(c) when it is executed,
25 whichever occurs first.
Division 2 -- Role of State Administrative Tribunal
".
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Dental Act 1939 Division 37
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238. Section 30 amended
(1) Section 30(1) is amended as follows:
(a) by deleting "Board, after due inquiry," and inserting
instead --
5 " State Administrative Tribunal ";
(b) in paragraphs (b) and (c) by deleting "Board" in each
place where it occurs and inserting instead --
" Tribunal ".
(2) Section 30(1a) is amended as follows:
10 (a) by deleting "Board, after due inquiry," and inserting
instead --
" Tribunal ";
(b) by deleting "Board" in each place where it occurs and
inserting instead --
15 " Tribunal ".
(3) Section 30(1b) is amended by deleting "Board" and inserting
instead --
" Tribunal ".
(4) Section 30(2) is amended as follows:
20 (a) by deleting "shall consider all such allegations" and
inserting instead --
" may ";
(b) by inserting after "writing" --
"
25 refer the allegation to the State Administrative Tribunal
".
(5) Section 30(3) is amended as follows:
(a) by deleting "Board considers" and inserting instead --
" State Administrative Tribunal considers ";
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(b) by deleting "Board may" and inserting instead --
" Tribunal may ";
(c) in paragraph (a) by deleting ", and amend those
particulars accordingly";
5 (d) in paragraph (c) --
(i) by deleting "require" and inserting instead --
" order ";
(ii) by deleting "Board thinks necessary" and
inserting instead --
10 " Tribunal specifies in the order "; and
(iii) in subparagraph (i) by deleting "Board may
impose" and inserting instead --
" Tribunal specifies in the order ";
(e) in paragraph (d) by deleting "Board" and inserting
15 instead --
" Tribunal ";
(f) in paragraphs (e) and (f) --
(i) by deleting "suspend that person" and inserting
instead --
20 " order that that person is suspended ";
and
(ii) by inserting after "12 months" --
" as specified in the order ".
(6) Section 30(4) and (5) are repealed.
25 239. Section 30A amended
Section 30A is amended as follows:
(a) by deleting "to the Board";
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(b) by inserting after "with the undertaking," --
"
refer the matter to the State Administrative Tribunal
and the Tribunal may
5 ";
(c) by deleting "as the Board" and inserting instead --
" as the Tribunal ".
240. Section 30B repealed
Section 30B is repealed.
10 241. Section 31 amended
(1) After section 31(1) the following subsection is inserted --
"
(1aa) The Board cannot grant an application under
subsection (1) unless it has applied for, and obtained,
15 the approval of the State Administrative Tribunal to do
so.
".
(2) Section 31(1a) is amended by deleting "unless it is" and
inserting instead --
20 " if it is not ".
(3) Section 31(2) is amended by deleting "subsection" and inserting
instead --
" subsections (1aa) and ".
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Division 38 Dental Prosthetists Act 1985
s. 242
242. Section 33 replaced
Section 33 is repealed and the following section is inserted
instead --
"
5 33. Review
Whenever the Board makes a decision --
(a) refusing to register any person; or
(b) refusing to re-enter in the Register the name of
any person whose name has previously been
10 withdrawn from or struck off the Register,
a person aggrieved may apply to the State
Administrative Tribunal for a review of the decision.
".
243. Section 45 amended
15 Section 45(1)(a) is deleted.
244. Section 48 amended
Section 48(e) is amended by deleting "inquiry or".
245. Section 63 repealed
Section 63 is repealed.
20 Division 38 -- Dental Prosthetists Act 1985
246. The Act amended
The amendments in this Division are to the Dental Prosthetists
Act 1985*.
[* Reprint 1 as at 1 May 2003.]
25 247. Section 12 amended
Section 12(4)(a) is deleted.
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s. 248
248. Sections 19A to 19F inserted
After section 19 the following sections are inserted --
"
19A. Investigator
5 (1) The Commissioner may appoint a person to
investigate --
(a) a complaint in relation to a dental prosthetist; or
(b) any other matter relevant to the
Commissioner's functions,
10 and report to the Commissioner.
(2) The Commissioner is to issue to each investigator the
Commissioner appoints a certificate of appointment in
an approved form.
(3) A certificate purporting to have been issued under this
15 section is evidence in any court of the appointment to
which the certificate purports to relate.
19B. Report of investigator
(1) An investigator must --
(a) within such period as the Commissioner
20 requires prepare a report on the investigation,
and make recommendations as to the manner in
which the complaint or other matter should be
dealt with; and
(b) immediately after preparing the report, provide
25 the Commissioner with a copy of the report.
(2) The investigator must return his certificate of
appointment at the time the Commissioner is provided
with a copy of the report.
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19C. Powers of investigator
(1) An investigator may for the purposes of an
investigation --
(a) enter and inspect the premises of a person
5 named in a warrant issued under
section 19E(1), and exercise the powers
referred to in section 19E(2)(b) and (c);
(b) require a person to produce to the investigator
any document or other thing concerning the
10 investigation that is in the possession or under
the control of the person;
(c) inspect any document or other thing produced
to the investigator and retain it for such
reasonable period as the investigator thinks fit,
15 and make copies of a document or any of its
contents;
(d) require a person --
(i) to give the investigator such information
as the investigator requires; and
20 (ii) to answer any question put to that
person,
in relation to the matter the subject of the
investigation; and
(e) exercise other powers conferred on an
25 investigator by the regulations.
(2) A requirement made under subsection (1)(b) --
(a) must be made by notice in writing given to the
person required to produce the document or
other thing;
30 (b) must specify the time at or within which the
document or other thing is to be produced;
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(c) may, by its terms, require that the document or
other thing required be produced at a place and
by means specified in the requirement; and
(d) where the document required is not in a
5 readable format, must be treated as a
requirement to produce --
(i) the document itself; and
(ii) the contents of the document in a
readable format.
10 (3) A requirement made under subsection (1)(d) --
(a) may be made orally or by notice in writing
served on the person required to give
information or answer a question, as the case
may be;
15 (b) must specify the time at or within which the
information is to be given or the question is to
be answered, as the case may be; and
(c) may, by its terms, require that the information
or answer required --
20 (i) be given orally or in writing;
(ii) be given at or sent or delivered to a
place specified in the requirement;
(iii) in the case of written information or
answers be sent or delivered by means
25 specified in the requirement; and
(iv) be verified by statutory declaration.
(4) If under subsection (1)(d) an investigator requires a
person to give information or answer a question, the
investigator must inform that person that the person is
30 required under this Act to give the information or
answer the question.
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(5) An investigator must produce his certificate of
appointment if requested to do so by a person in
respect of whom the investigator has exercised, or is
about to exercise, a power under this section.
5 19D. Warrant to enter premises
(1) If the Commissioner has determined in a particular
case that an investigator has reasonable grounds for
believing that entry to premises is necessary for the
purpose of an investigation the investigator may apply
10 to a magistrate for a warrant to be issued in respect of
those premises.
(2) An application for a warrant must --
(a) be in writing;
(b) be accompanied by a notice in writing from the
15 Commissioner stating that it has determined in
the particular case that the investigator has
reasonable grounds for believing that entry to
premises is necessary for the purpose of the
investigation;
20 (c) set out the grounds for seeking the warrant; and
(d) describe the premises that are to be entered.
(3) A magistrate to whom an application is made under
this section must refuse it if --
(a) the application does not comply with the
25 requirements of this Act; or
(b) when required to do so by the magistrate, the
investigator does not give to the magistrate
more information about the application.
(4) The information in an application or given to a
30 magistrate under this section must be verified before
the magistrate on oath or affirmation or by affidavit,
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and the magistrate may for that purpose administer an
oath or affirmation or take an affidavit.
19E. Issue of warrant
(1) A magistrate to whom an application is made under
5 section 19D may issue a warrant, if satisfied that there
are reasonable grounds for believing that entry and
inspection of the premises are necessary for the
purpose of the investigation.
(2) A warrant under subsection (1) authorises the
10 investigator --
(a) to enter and inspect the premises named in the
warrant;
(b) to require a person on the premises to answer
questions or produce documents or other things
15 in the person's possession concerning the
investigation; and
(c) to inspect documents and other things, and take
copies of or extracts from documents, produced
in compliance with a requirement made under
20 paragraph (b).
(3) There must be stated in a warrant --
(a) the purpose for which the warrant is issued;
(b) the name of the person to whom the warrant is
issued; and
25 (c) a description of the premises that may be
entered.
(4) A magistrate who issues a warrant must cause a record
to be made of particulars of the grounds that the
magistrate has relied on to justify the issue of the
30 warrant.
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Division 38 Dental Prosthetists Act 1985
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19F. Execution of warrant
(1) If asked by the occupier or a person in charge of the
premises, the person executing a warrant must produce
it for inspection.
5 (2) A warrant ceases to have effect --
(a) at the end of the period of one month after its
issue;
(b) if it is withdrawn by the magistrate who issued
it; or
10 (c) when it is executed,
whichever occurs first.
".
249. Section 20 amended
(1) Section 20(1) is amended as follows:
15 (a) by deleting ", after due inquiry,";
(b) by deleting ", by writing signed by him," and inserting
instead --
"
refer the matter to the State Administrative Tribunal
20 and the Tribunal may, if satisfied that the dental
prosthetist is not a fit and proper person to hold a
licence,
".
(2) Section 20(2) is repealed and the following subsections are
25 inserted instead --
"
(2) A person whose licence has been revoked under this
section may apply in writing to the Commissioner, at
any time after the expiration of a period of one year
30 from the revocation for the restoration of his licence.
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(3) The Commissioner may, on payment by the applicant
to the Commissioner of the prescribed fee, grant the
application and restore the licence to the applicant or
may refuse the application.
5 (4) The Commissioner cannot grant an application under
subsection (2) unless the Commissioner has applied
for, and obtained, the approval of the State
Administrative Tribunal to do so.
".
10 250. Section 21 amended
Section 21 is amended as follows:
(a) by deleting "Commissioner" in the first place where it
occurs and inserting instead --
" State Administrative Tribunal ";
15 (b) in paragraph (a) by deleting "he" and inserting
instead --
" the Tribunal ";
(c) in paragraph (b) by deleting "Commissioner" and
inserting instead --
20 " Tribunal ";
(d) by deleting "suspend the operation of a licence for such
period as the Commissioner determines" and inserting
instead --
"
25 order that the operation of a licence be suspended for
such period as the Tribunal specifies in the order
".
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Division 38 Dental Prosthetists Act 1985
s. 251
251. Section 22 replaced
Section 22 is repealed and the following section is inserted
instead --
"
5 22. Review
(1) Where the Commissioner makes a decision --
(a) refusing to issue a licence upon application
therefor duly made under this Act; or
(b) refusing to restore a licence upon application
10 therefor duly made under this Act,
the person affected by his decision may apply to the
State Administrative Tribunal for a review of the
decision.
(2) Where the Commissioner does not, within 90 days after
15 an application is duly made under this Act, issue a
licence, or restore a licence, in accordance with the
application or give the applicant notice in writing that
his application is refused, the application is to be taken
to have been refused at the expiry of that period of
20 90 days.
".
252. Section 30A inserted
After section 30 the following section is inserted --
"
25 30A. Report
On or before 31 December in each year the
Commissioner shall submit to the Minister a report
relating to the Commissioner's functions under this Act
for the preceding year ending on 30 June setting out
30 details of --
(a) the number, nature, and outcome, of --
(i) investigations undertaken at the
direction of, the Commissioner; and
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(ii) matters that have been brought before
the State Administrative Tribunal by the
Commissioner;
(b) the number and nature of matters referred to in
5 paragraph (a) that are outstanding;
(c) any trends or special problems that may have
emerged; and
(d) forecasts of the workload of the Commissioner
under this Act in the year after the year to
10 which the report relates.
".
Division 39 -- Dog Act 1976
253. The Act amended
The amendments in this Division are to the Dog Act 1976*.
15 [* Reprinted as at 9 November 2001.]
254. Section 7 amended
Section 7(3)(aa) is amended by deleting "bringing" and
inserting instead --
" making ".
20 255. Section 14 amended
Section 14(2) is amended by deleting "or a court".
256. Section 16A amended
Section 16A(3) is amended by deleting all of the subsection
after "may" in the first place where it occurs and inserting
25 instead --
"
apply to the State Administrative Tribunal for a review
of the decision.
".
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Division 39 Dog Act 1976
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257. Section 17 amended
(1) Section 17(1) is amended by deleting all of the subsection after
"be may" and inserting instead --
"
5 apply to the State Administrative Tribunal for a review
of the decision.
".
(2) Section 17(2) is repealed.
(3) Section 17(3) is amended as follows:
10 (a) by deleting "Local Court" and inserting instead --
" State Administrative Tribunal ";
(b) by deleting "on an appeal";
(c) by deleting "Court" in the second place where it occurs
and inserting instead --
15 " State Administrative Tribunal ".
(4) Section 17(3a) is amended by deleting "Local Court" and
inserting instead --
" State Administrative Tribunal ".
(5) Section 17(4) is amended as follows:
20 (a) by deleting "no appeal under subsection (1) is instituted
within the prescribed time" and inserting instead --
"
an application is not made under subsection (1) within
the time fixed for the making of the application
25 ";
(b) by deleting "appealed against" and inserting instead --
" applied for a review of ";
(c) by deleting all of the subsection after "for the seizure of
the dog" and inserting instead a full stop.
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(6) Section 17(5) is repealed and the following subsections are
inserted instead -- "
"
(5) If an application is made under subsection (1) but the
5 proceeding on the application in the State
Administrative Tribunal is withdrawn, dismissed or
struck out under section 46, 47 or 48 of the State
Administrative Tribunal Act 2003, a Justice of the
Peace may, on the application of the local government,
10 make an order for the seizure of the dog.
(6) If an order for the seizure of the dog is made under
subsection (4) or (5), the local government may cause
the dog to be seized and detained or destroyed or
otherwise disposed of as though it had been found in a
15 place in contravention of section 31, 32 or 33A and had
not been claimed.
".
258. Section 26 amended
(1) Section 26(5) is amended by deleting all of the subsection after
20 "may" in the second place where it occurs and inserting
instead --
"
apply to the State Administrative Tribunal for a review
of the decision.
25 ".
(2) Section 26(6) is amended as follows:
(a) by deleting "shall be lodged with the Minister not later
than" and inserting instead --
" cannot be made later than the expiry of a period of ";
30 (b) by deleting "that is appealable".
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Division 39 Dog Act 1976
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259. Section 27 amended
(1) Section 27(6) is amended by deleting "to expire at the end of the
period specified in the notice" and inserting instead --
"
5 specifying a period at the end of which the licence is
cancelled
".
(2) Section 27(7) is amended as follows:
(a) in paragraph (b) by deleting "intention to cancel" and
10 inserting instead --
" cancellation of ";
(b) by deleting all of the subsection after "be may" and
inserting instead --
"
15 apply to the State Administrative Tribunal for a review
of the decision.
".
260. Section 29 amended
Section 29(3)(b) is amended by deleting "17(4)" and inserting
20 instead --
" 17(6) ".
261. Section 33E amended
Section 33E(3) is amended as follows:
(a) by deleting "of objection and appeal";
25 (b) by inserting after "Division" in the second place where
it occurs --
" to object and to apply for a review ".
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262. Section 33F amended
(1) Section 33F(2)(b)(i) is amended as follows:
(a) by deleting "of appeal to a Local Court in the manner
prescribed by regulations against any" and inserting
5 instead --
"
to apply to the State Administrative
Tribunal for a review of the
";
10 (b) by inserting after "government" in the second place
where it occurs --
" on the objection ";
(2) Section 33F(2)(b)(ii) is deleted and the following subparagraph
is inserted instead --
15 "
(ii) to apply directly to the State
Administrative Tribunal for a review,
".
(3) Section 33F(3) is amended by deleting "appeal" and inserting
20 instead --
" application for review is ".
(4) Section 33F(4) is amended by deleting "appeal" in both place
where it occurs and inserting instead --
" application for review ".
25 (5) Section 33F(6)(a) is amended as follows:
(a) by deleting "appeal to a Local Court in the manner
prescribed by regulations" and inserting instead a
comma;
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Division 39 Dog Act 1976
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(b) by inserting after "objection" in the second place where
it occurs --
"
, apply to the State Administrative Tribunal for
5 a review of the decision
";
(6) Section 33F(6)(b) is amended as follows:
(a) by inserting after "owner" --
" stating ";
10 (b) by deleting "either upheld, varied or dismissed" and
inserting instead --
" setting out its determination on the objection ";
(c) by inserting after "declaration" a comma;
(d) by deleting "appeal to a Local Court in the manner
15 prescribed by regulations, within not more than" and
inserting instead --
" , within ";
(e) by inserting after "subsection (1)" in the second place
where it occurs --
20 "
, apply to the State Administrative Tribunal for
a review of the decision to which the owner
objected
".
25 (7) Section 33F(8) is amended by deleting "appeal" and inserting
instead --
" review ".
page 122
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Dog Act 1976 Division 39
s. 263
263. Section 33G amended
(1) Section 33G(2)(d) is amended as follows:
(a) in subparagraph (i) by deleting all of the subparagraph
after "right" and inserting instead --
5 "
to apply to the State Administrative
Tribunal for a review of the decision
made by the local government on the
objection;
10 ";
(b) by deleting subparagraph (ii) and inserting instead --
"
(ii) to apply directly to the State
Administrative Tribunal for a review,
15 ".
(2) Section 33G(3) is amended by deleting "any appeal to a Local
Court" and inserting instead --
"
making an application to the State Administrative
20 Tribunal for a review
".
(3) Section 33G(4)(a) is amended as follows:
(a) by deleting "appeal to a Local Court in the manner
prescribed by regulations" and inserting instead a
25 comma;
(b) by inserting after "objection" in the second place where
it occurs --
"
, apply to the State Administrative Tribunal for
30 a review of the decision
".
page 123
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 39 Dog Act 1976
s. 263
(4) Section 33G(4)(b) is amended as follows:
(a) by inserting after "owner" --
" stating ";
(b) by deleting "either upheld, varied or dismissed" and
5 inserting instead --
" setting out its determination on the objection ";
(c) by inserting after "dog" a comma;
(d) by deleting "appeal to a Local Court in the manner
prescribed by regulations";
10 (e) by inserting after "subsection (2)" in the second place
where it occurs --
"
, apply to the State Administrative Tribunal for a
review of the decision to which the owner
15 objected
".
(5) Section 33G(6) is amended as follows:
(a) in paragraph (a)(i) by deleting "appeal" and inserting
instead --
20 " application for review ";
(b) in paragraph (a)(ii) by inserting before "the
applicant" --
" an application for review is made but ";
(c) in paragraph (a)(iii) by deleting "Local Court" and
25 inserting instead --
" State Administrative Tribunal ";
page 124
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Dog Act 1976 Division 39
s. 264
(d) in paragraph (b) --
(i) by deleting "Local Court and" and inserting
instead --
"
5 State Administrative Tribunal for a review and
the State Administrative Tribunal affirms
";
and
(ii) by deleting "is affirmed by an order of that
10 court";
(e) by deleting "court" and inserting instead --
" State Administrative Tribunal ".
264. Section 33H amended
(1) Section 33H(4) is amended as follows:
15 (a) in paragraph (a) by deleting "appeal" and inserting
instead --
" application for review ";
(b) in paragraph (b) by deleting "this section" and inserting
instead --
20 " subsection (1) ";
(2) Section 33H(5)(a) is amended as follows:
(a) by deleting "appeal to a Local Court in the manner
prescribed by regulations" and inserting instead a
comma;
25 (b) by inserting after "application" in the second place
where it occurs --
"
, apply to the State Administrative Tribunal for a
review of the decision
30 ".
page 125
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 39 Dog Act 1976
s. 265
(3) Section 33H(5)(b) is amended as follows:
(a) by inserting after "owner" --
" stating ";
(b) by deleting "either upheld, varied or dismissed" and
5 inserting instead --
" setting out its determination on the objection ";
(c) by inserting after "subsection (1)" in the first place
where it occurs a comma.
(d) by deleting "appeal to a Local Court in the manner
10 prescribed by regulations, within not more than" and
inserting instead --
" , within ";
(e) by inserting after "subsection (1)" in the second place
where it occurs --
15 "
, apply to the State Administrative Tribunal for
a review of the decision on the application as if
the application had been dismissed.
".
20 265. Section 33I amended
(1) Section 33I(1) is amended as follows:
(a) by deleting "appeal lies to a Local Court" and inserting
instead --
" application may be made ";
25 (b) by inserting after "Division" --
" to the State Administrative Tribunal for a review of ".
(c) in paragraphs (a), (b) and (c) by deleting "against".
page 126
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Dog Act 1976 Division 39
s. 266
(2) Section 33I(2), (3) and (4) are repealed and the following
subsection is inserted instead --
"
(2) Where, under this Division, an application for a review
5 is made to the State Administrative Tribunal, the orders
that the State Administrative Tribunal may make
include --
(a) where the dog is detained, an order for the
release of the dog to the owner;
10 (b) on being satisfied that the dog will be kept
without the likelihood of any contravention of
this Act, an order cancelling any previous order
made in respect of that dog by the State
Administrative Tribunal.
15 ".
266. Section 33J amended
Section 33J is amended by deleting "Local Court" and inserting
instead --
" the State Administrative Tribunal ".
20 267. Section 33L amended
Section 33L is amended by deleting "a Local Court" and
inserting instead --
" the State Administrative Tribunal ".
268. Section 36 amended
25 Section 36(3) is amended as follows:
(a) by deleting "in the prescribed manner and" in the second
place where it occurs.
page 127
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 39 Dog Act 1976
s. 269
(b) by deleting "appeal against the decision to the nearest
Local Court" and inserting instead --
"
apply to the State Administrative Tribunal for a review
5 of the decision
";
(c) by deleting "that Local Court either affirms the decision
or quashes the decision" and inserting instead --
"
10 the State Administrative Tribunal determines the
application
".
269. Section 40 amended
(1) Section 40(1) is amended by inserting after "court" --
15 "
or the State Administrative Tribunal, according to
which of them is dealing with the proceedings,
".
(2) Section 40(4) is amended by deleting "the court" in the second
20 place where it occurs and inserting instead --
"
or the State Administrative Tribunal, as the case
requires, that court or tribunal
".
25
page 128
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 40 East Perth Redevelopment Act 1991
s. 270
270. Various references to "appeal" amended
The Act is amended by deleting "appeal" in each place specified
in the Table to this section and inserting instead --
" application ".
5 Table
s. 7(3)(aa) (both places)
s. 17(5) (3 places)
s. 26(6)
s. 33F(4) (in the third place)
s. 33G(3) (in the second and third places)
s. 33G(6)(a)(ii) and (iii)
s. 33G(6)(b)
Division 40 -- East Perth Redevelopment Act 1991
271. The Act amended
The amendments in this Division are to the East Perth
Redevelopment Act 1991*.
10 [* Reprinted as at 27 August 1999.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 110 and
Act No. 24 of 2002.]
272. Section 45 replaced
15 Section 45 is repealed and the following section is inserted
instead --
"
45. Review of certain decisions
An applicant may apply to the State Administrative
20 Tribunal for a review ,in accordance with Part V of the
Town Planning Act, of a decision of the Authority
under section 43 in respect of the applicant's
application.
".
page 129
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 40 East Perth Redevelopment Act 1991
s. 273
273. Section 47 amended
(1) Section 47(2) is amended by deleting "appeal under Part V of
the Town Planning Act against" and inserting instead --
"
5 apply to the State Administrative Tribunal for a review,
in accordance with Part V of the Town Planning Act,
of the decision to give
".
(2) Section 47(3) is amended by deleting "appeal" and inserting
10 instead --
" application ".
(3) Section 47(4) is amended as follows:
(a) by deleting "The Town Planning Appeal Tribunal may,
where it confirms or varies the direction," and inserting
15 instead --
"
If the State Administrative Tribunal confirms or varies
the direction, it may,
";
20 (b) by deleting "such period, being" and inserting instead --
" a period ";
(c) by deleting "Town Planning Appeal Tribunal, as is
specified in that notice" and inserting instead --
"
25 State Administrative Tribunal, as is specified in the
notice
".
(4) Section 47(6) is amended as follows:
(a) by deleting "in any court of competent jurisdiction";
page 130
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Electricity Act 1945 Division 41
s. 274
(b) by deleting "it in so doing" and inserting instead --
"
the Authority in so doing as a debt in a court of
competent jurisdiction
5 ".
Division 41 -- Electricity Act 1945
274. The Act amended
The amendments in this Division are to the Electricity
Act 1945*.
10 [* Reprinted as at 26 February 1997.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 117.]
275. Section 32 amended
Section 32(3) is amended as follows:
15 (a) in paragraph (f) by deleting all of the paragraph after
"powers" and inserting instead --
"
, and provide for the Director to exercise
disciplinary powers in respect of certain matters
20 and specify disciplinary penalties, other than
the suspension or cancellation of a licence,
permit, or authorisation, that the Director may
impose;
";
25 (b) after paragraph (f) by inserting --
"
(faa) regulate the making of allegations in respect of
disciplinary matters by the Director to the State
Administrative Tribunal and specify the
30 penalties that may be imposed and disciplinary
action, including suspending or cancelling a
page 131
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 41 Electricity Act 1945
s. 276
licence, permit or authorisation, that may be
taken by the State Administrative Tribunal in
dealing with an allegation;
".
5 276. Section 33 inserted
After section 32 the following section is inserted --
"
33. Annual reporting
The annual report under the Financial Administration
10 and Audit Act 1985 of the department of the Public
Service in which the Director is employed is to include
details of --
(a) the number, nature, and outcome, of --
(i) investigations and inquiries undertaken
15 under this Act by, or at the direction of,
the Director; and
(ii) matters that have been brought before
the State Administrative Tribunal under
this Act by the Director;
20 (b) the number and nature of matters referred to in
paragraph (a) that are outstanding;
(c) any trends or special problems that may have
emerged;
(d) forecasts of the workload of the Director in
25 performing functions under this Act in the year
after the year to which the report relates; and
(e) any proposals for improving the performance of
the Director's functions under this Act.
".
page 132
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Employment Agents Act 1976 Division 42
s. 277
Division 42 -- Employment Agents Act 1976
277. The Act amended
The amendments in this Division are to the Employment Agents
Act 1976*.
5 [* Reprinted as at 26 October 2001.]
278. Section 4 amended
Section 4(1) is amended as follows:
(a) by deleting the definitions of "authorised person",
"inspector" and "licensing officer";
10 (b) in the definition of "Commissioner" by inserting after
"Act 1971" --
"
and, in the context of an investigation or inquiry
for the purposes of this Act, includes any other
15 person referred to in section 23 of the Consumer
Affairs Act 1971
".
279. Section 10A amended
(1) Section 10A is amended by inserting before "The provisions"
20 the subsection designation "(1)".
(2) At the end of the section 10A the following subsection is
inserted --
"
(2) The annual report of the Department in which the
25 Commissioner is employed is to include details of --
(a) the number, nature, and outcome, of --
(i) investigations and inquiries undertaken
by, or at the direction of, the
Commissioner for the purposes of this
30 Act; and
page 133
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 42 Employment Agents Act 1976
s. 280
(ii) matters that have been brought before
the State Administrative Tribunal under
this Act;
(b) the number and nature of matters referred to in
5 paragraph (a) that are outstanding;
(c) any trends or special problems that may have
emerged;
(d) forecasts of the workload of the Commissioner
in performing functions under this Act in the
10 year after the year to which the report relates;
and
(e) any proposals for improving the performance of
the Commissioner's functions under this Act.
".
15 280. Section 11 repealed
Section 11 is repealed.
281. Sections 11B to 11D repealed
Sections 11B, 11C and 11D are repealed.
282. Section 11E amended
20 Section 11E is amended as follows:
(a) by deleting "Subject to the direction of the
Commissioner, any" and inserting instead --
" Any ";
(b) by deleting "licensing officer or any inspector" and
25 inserting instead --
"
Commissioner or any person appointed by the
Commissioner to institute and conduct proceedings
".
page 134
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Employment Agents Act 1976 Division 42
s. 283
283. Section 19 amended
(1) Section 19(1)(d)(i) and (ii) and "and" after subparagraph (ii) are
deleted.
(2) Section 19(2) is amended by deleting "hear and".
5 284. Section 20 amended
Section 20(3) is repealed.
285. Section 22 amended
(1) Section 22(1) is amended by deleting "Subject to the Minister,
where no objection to the grant or renewal of a licence is lodged
10 with the licensing officer the licensing officer" and inserting
instead --
"
After considering any objection to the grant or renewal
of a licence lodged with the Commissioner, the
15 Commissioner
".
(2) Section 22(2), (3), (4) and (5) are repealed and the following
subsections are inserted instead --
"
20 (2) If the application is for the grant or renewal of a
general licence the Commissioner may instead grant a
restricted licence.
(3) The Commissioner shall give notice in writing of the
Commissioner's decision to the applicant and any
25 person who made an objection setting out, in a notice
given to a person who might be aggrieved by the
decision, the reasons for his decision and informing the
person to whom the notice is given of the right to apply
to the State Administrative Tribunal for a review of the
30 decision.
page 135
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 42 Employment Agents Act 1976
s. 286
(4) If the applicant or a person who lodged an objection
with the Commissioner is aggrieved by the
Commissioner's decision on the application, the
aggrieved person may apply to the State Administrative
5 Tribunal for a review of the decision.
".
286. Sections 23 and 24 repealed
Sections 23 and 24 are repealed.
287. Section 25 amended
10 (1) Section 25(1) is repealed and the following subsection is
inserted instead --
"
(1) The Commissioner may allege to the State
Administrative Tribunal that disciplinary action should
15 be taken against a person, firm or body corporate to
which this section applies because the person, firm or
body corporate --
(a) has been guilty of improper conduct in relation
to the carrying on of the business of an
20 employment agent; or
(b) has been guilty of any offence involving
dishonest or fraudulent conduct, or of an
offence against this Act.
".
25 (2) Section 25(2) is amended by deleting "and in relation to".
(3) Section 25(3) is repealed and the following subsection is
inserted instead --
"
(3) Where the State Administrative Tribunal, on dealing
30 with an allegation under subsection (1), is satisfied that
a reason described in that subsection has been made
out, it may order that the licence concerned be
page 136
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Employment Agents Act 1976 Division 42
s. 288
suspended for such period as the Tribunal determines
or shall be cancelled and that any or all of such persons
or any such firm or body corporate shall be disqualified
from holding or taking the benefit of a licence either
5 for such period as the Tribunal specifies in the order or
permanently.
".
(4) Section 25(4) is amended as follows:
(a) by deleting "The court" and inserting instead --
10 " The State Administrative Tribunal ";
(b) by deleting "clerk of the court and" and inserting
instead --
" Commissioner and ";
(c) after "his licence" by deleting "clerk of the court".
15 (5) Section 25(6) is amended by deleting "court" and inserting
instead --
" State Administrative Tribunal ".
288. Section 28 amended
Section 28 is amended by deleting "Act in" and inserting
20 instead --
"
Act, other than a proceeding before the State
Administrative Tribunal, in
".
25 289. Section 30 amended
Section 30(4) is amended by deleting "required to show cause
for the purposes of section 25(1) or to satisfy the court as to the
question of fitness or repute upon any application for the grant
or renewal of a licence" and inserting instead --
30 " the subject of an allegation under section 25(1) ".
page 137
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 42 Employment Agents Act 1976
s. 290
290. Section 31 amended
Section 31 is amended as follows:
(a) in paragraph (a) by deleting "licensing officer or any
inspector" and inserting instead --
5 "
Commissioner or any person appointed by the
Commissioner to institute and conduct
proceedings on the Commissioner's behalf
";
10 (b) in paragraph (b) by deleting ", licensing officer or any
inspector" and inserting instead --
" a person appointed by the Commissioner ".
291. Section 46 amended
(1) Section 46(1) is amended by deleting "an inspector or any other
15 person duly authorised in that behalf by the Commissioner
either generally or in any particular case" and inserting
instead --
"
the Commissioner for the purposes of investigating
20 whether this Act is being complied with or carrying out
any other investigation for the purposes of this Act
".
(2) Section 46(2), (3), (4) and (5) are repealed.
(3) Section 46(6)is amended as follows:
25 (a) by deleting the semicolon at the end of paragraph (a)
and inserting a full stop instead;
(b) by deleting paragraphs (b), (c) and (d), but not the
penalty at the foot of paragraph (d).
page 138
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Employment Agents Act 1976 Division 42
s. 292
292. Section 47 amended
(1) Section 47(1) is amended as follows:
(a) by deleting "an inspector" in each place where it occurs
and inserting instead --
5 " the Commissioner ";
(b) in paragraph (e) by deleting "the inspector" and
inserting instead --
" the Commissioner ";
(c) in paragraph (g) by deleting "any inspector or any
10 employee" and inserting instead --
" the Commissioner ".
(2) Section 47(2) is repealed.
293. Section 48 amended
Section 48(1) is amended by deleting "an inspector" and
15 inserting instead --
" the Commissioner ".
294. Section 49 amended
Section 49 is amended by deleting ", the licensing officer, an
inspector".
20 295. Section 52 amended
Section 52(2)(c) is amended by inserting after "Act" --
"
other than the commencement of proceedings
before the State Administrative Tribunal
25 ".
page 139
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 43 Energy Coordination Act 1994
s. 296
296. Various references to "licensing officer" amended
The Act is amended by deleting "licensing officer" in each
place specified in the Table to this section and inserting
instead --
5 " Commissioner ".
Table
s. 13(1), (2), and (3)
s. 15(2)
s. 16(1)(a), (2), (3), (4), and (6)
s. 17
s. 18(1), (3), (4), (5), and (7)
s. 19(1)(d)(iii) and (2)
s. 20(1)
s. 21(1)(b)(iv)
s. 26(3)
s. 27(1), (3), and (4)
s. 31(c)
s. 38(1)
s. 43(1)
s. 45
Division 43 -- Energy Coordination Act 1994
297. The Act amended
The amendments in this Division are to the Energy
10 Coordination Act 1994*.
[* Reprinted as at 5 May 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 119.]
298. Section 11ZH amended
15 (1) Section 11ZH(1) is repealed.
page 140
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Energy Coordination Act 1994 Division 43
s. 298
(2) Section 11ZH(2) is amended by deleting all of the subsection
after "may" and inserting instead --
"
apply to the State Administrative Tribunal for a review
5 of the decision.
".
(3) Section 11ZH(3), (4), (5), (6), (7), (8), (9), (10), (11), (12) and
(13) are repealed and the following subsections are inserted
instead --
10 "
(3) The President is to ensure that, when dealing with an
application under subsection (2), the Tribunal is
constituted by 3 persons, being --
(a) a presiding member who may be either a
15 judicial member or a senior member who is a
qualified person; and
(b) 2 other Tribunal members each of whom has
relevant expertise in industry, commerce or
accounting.
20 (4) Without limiting the State Administrative Tribunal
Act 2003, if a Tribunal member referred to in
subsection (3)(b) is unable for any reason to continue
with the proceeding the Tribunal constituted of the
presiding member and the other member referred to in
25 subsection (3)(b) may, if the presiding member so
determines, continue and complete the proceeding.
(5) A person chosen to act as a sitting member of the
Tribunal who has a conflict of interest in relation to an
application under subsection (2) before, or about to
30 come before, the Tribunal must disclose the nature of
the conflict to each party concerned in the proceeding.
Penalty: $10 000.
page 141
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 43 Energy Coordination Act 1994
s. 299
(6) A person chosen to act as a sitting member of the
Tribunal who has a conflict of interest in relation to an
application under subsection (2) before the Tribunal
must not take part in the proceeding or exercise any
5 powers in relation to the proceeding unless each party
to the proceeding consents.
Penalty: $10 000.
(7) For the purposes of this section, a person has a conflict
of interest in relation to an application if the person has
10 any direct or indirect interest, pecuniary or otherwise,
that conflicts or could conflict with the proper
performance of the person's functions in relation to
that application.
(8) Section 142 of the State Administrative Tribunal
15 Act 2003 does not apply in relation to an application
under subsection (2).
(9) Terms used in this section relating to members of the
Tribunal have the meanings given to them in
section 3(1) of the State Administrative Tribunal
20 Act 2003.
".
299. Section 22 amended
(1) Section 22(1) is amended as follows:
(a) by deleting "may object" and inserting instead --
25 " who objects ";
(b) by inserting after "secret" --
"
may apply to the State Administrative Tribunal for a
review of the request on that ground
30 ".
(2) Section 22(2), (4) and (5) are repealed.
page 142
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Equal Opportunity Act 1984 Division 44
s. 300
(3) Section 22(3) is amended by deleting "Minister may by notice
in writing exempt the objector" and inserting instead --
" Tribunal may exempt the person ".
Division 44 -- Equal Opportunity Act 1984
5 300. The Act amended
The amendments in this Division are to the Equal Opportunity
Act 1984*.
[* Reprinted as at 21 July 2000.
For subsequent amendments see Western Australian
10 Legislation Information Tables for 2002, Table 1, p. 123.]
301. Section 4 amended
Section 4(1) is amended as follows:
(a) in the definition of "inquiry" by deleting "held under"
and inserting instead --
15 " referred to in ";
(b) by deleting the definitions of "member" and "registrar";
(c) in the definition of "Tribunal" by deleting "Equal
Opportunity Tribunal established by section 96" and
inserting instead --
20 "
State Administrative Tribunal under the State
Administrative Tribunal Act 2003
".
302. Section 67 amended
25 Section 67(1)(d) is amended by inserting after "proceeding" --
" commenced ".
page 143
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 44 Equal Opportunity Act 1984
s. 303
303. Section 83 amended
Section 83(2) is amended by deleting "or the registrar".
304. Section 93A amended
Section 93A(1) is amended by deleting "under section 134(1)"
5 and inserting instead --
" against a decision of the Tribunal ".
305. Part VIII and Part VIII Division 1 headings replaced
The headings to Part VIII and Part VIII Division 1 are deleted
and the following headings are inserted instead --
10 "
Part VIII -- The Role of the State
Administrative Tribunal
Division 1 -- Constituting the Tribunal
".
15 306. Section 96 replaced
Section 96 is repealed and the following section is inserted
instead --
"
96. Presiding member
20 (1) When the Tribunal is exercising its jurisdiction under
this Act, its presiding member has to be either a
judicial member or a senior member.
(2) Terms used in subsection (1) relating to members of
the Tribunal have the meanings given to them in
25 section 3(1) of the State Administrative Tribunal
Act 2003.
".
page 144
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Equal Opportunity Act 1984 Division 44
s. 307
307. Sections 97 to 104 repealed
Sections 97, 98, 99, 100, 100A, 101, 102, 103, 104, 104A, 105
and 106 are repealed.
308. Part VIII Division 2 heading amended
5 The heading to Part VIII Division 2 is amended by deleting "of
the Tribunal".
309. Sections 108 to 112 repealed
Sections 108, 109, 110, 111 and 112 are repealed.
310. Sections 118 to 121 repealed
10 Sections 118, 118A, 119, 120 and 121 are repealed.
311. Section 122 amended
Section 122(2) is amended by deleting "under section 121" and
inserting instead --
"
15 or duties under the State Administrative Tribunal
Act 2003
".
312. Sections 124 and 125 repealed
Sections 124 and 125 are repealed.
20 313. Section 126 amended
Section 126 is amended by deleting "or, where the President of
the Tribunal is of the opinion that it is expedient that the
President alone should exercise the functions of the Tribunal
under this section, the President,".
25 314. Sections 128 to 134 repealed
Sections 128, 129, 130, 131, 132, 133 and 134 are repealed.
page 145
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 44 Equal Opportunity Act 1984
s. 315
315. Section 135 amended
(1) Section 135(4) is repealed.
(2) Section 135(5) is amended as follows:
(a) by deleting "Sections 112, 113, 120, 121, 122, 128 and
5 129 shall, subject to necessary modifications, apply" and
inserting instead --
" Section 113 applies ";
(b) by deleting "those sections apply" and inserting
instead --
10 " that section applies ".
316. Section 136 amended
(1) Section 136(2) is repealed
(2) Section 136(3) is amended by deleting "or (2)".
317. Section 147 amended
15 (1) Section 147 is amended as follows:
(a) by inserting before "Where" the subsection designation
"(1)";
(b) by deleting "refer the matter to the Tribunal" and
inserting instead --
20 " hold an investigation into the matter ".
(2) At the end of section 147 the following subsection is inserted --
"
(2) Except as otherwise provided by this Division, an
investigation shall be held in such manner as the
25 Director determines.
".
318. Section 148 repealed
Section 148 is repealed.
page 146
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Equal Opportunity Act 1984 Division 44
s. 319
319. Section 149 amended
Section 149 is amended as follows:
(a) by deleting "The Director or an authority in respect of
which reference is made" and inserting instead --
5 "
An authority in respect of which an investigation is
held under this Division
".
(b) by deleting "an investigation under this Part into the
10 reference" and inserting instead --
" the investigation ".
320. Section 150 amended
(1) Section 150(1) is amended as follows:
(a) by deleting "Tribunal may require the Director or" and
15 inserting instead --
" Director may require ";
(b) in paragraphs (b), (c) and (d) by deleting "it" and
inserting instead --
" the Director ".
20 (2) Section 150(3) is amended as follows:
(a) by deleting "The Director or an" and inserting
instead --
" An ";
(b) in paragraphs (b) and (c) by deleting "Director or".
25 (3) Section 150(4) is amended as follows:
(a) by deleting "Tribunal" in each place where it occurs and
inserting instead --
" Director ";
(b) by deleting "to it" and inserting instead --
30 " to the Director ";
page 147
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 44 Equal Opportunity Act 1984
s. 321
(c) by deleting "Director or" in each place where it occurs.
(d) by deleting ", as the case may be," in each place where it
occurs.
321. Section 152 amended
5 Section 152 is amended as follows:
(a) by deleting "in relation to a reference, the Tribunal" and
inserting instead --
" held under this Division, the Director ";
(b) in paragraph (a) by deleting "to the Director or".
10 (c) in paragraph (b) by deleting "reference" and inserting
instead --
" matter investigated ".
322. Section 153 amended
Section 153(1) is amended by deleting "Tribunal" and inserting
15 instead --
"Director ".
323. Section 154 amended
Section 154(1) is amended by inserting after "by this Act" --
" or the State Administrative Tribunal Act 2003 ".
20 324. Section 155 amended
Section 155(1) is amended by deleting "a member of the
Tribunal, the registrar,".
325. Section 165 amended
Section 165(2)(a) is amended as follows:
25 (a) by inserting after "with this Act" --
" or the State Administrative Tribunal Act 2003 ";
page 148
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Equal Opportunity Act 1984 Division 44
s. 326
(b) by inserting after "under this Act" --
" or that Act ".
326. Section 166 amended
(1) Section 166(1) is amended as follows:
5 (a) by deleting "Tribunal, a member of the Tribunal, the";
(b) by deleting "the Tribunal or of ";
(c) by deleting "the Tribunal or" in the second place where
it occurs.
(2) Section 166(2)(b) is amended by deleting "the Tribunal or".
10 327. Section 167 amended
(1) Section 167(1) is amended as follows:
(a) by deleting ", a member of the Tribunal";
(b) by deleting "the Tribunal or" in the second and third
places where it occurs;
15 (c) by deleting "the Tribunal or on".
(2) Section 167(2) is amended as follows:
(a) by deleting ", a member of the Tribunal, or a member of
the staff assisting the Tribunal";
(b) by deleting "the Tribunal or" in the first and second
20 places where it occurs;
(c) by deleting "the Tribunal or on".
(d) by deleting "this Act." and inserting instead --
"
this Act or the State Administrative Tribunal Act 2003.
25 ".
page 149
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 45 Explosives and Dangerous Goods Act 1961
s. 328
(3) After section 167(2) the following subsection is inserted --
"
(2a) This section also extends to a person who has at any
time been --
5 (a) a member of;
(b) a member of the staff assisting; or
(c) a person authorised to perform or exercise any
function of,
the tribunal that was known as the Equal Opportunity
10 Tribunal.
".
328. Section 169 amended
Section 169(2)(d) is deleted.
Division 45 -- Explosives and Dangerous Goods Act 1961
15 329. The Act amended
(1) The amendments in this Division are to the Explosives and
Dangerous Goods Act 1961*.
[* Reprinted as at 25 February 2000.
For subsequent amendments see Western Australian
20 Legislation Information Tables for 2002, Table 1, p. 129.]
(2) This Division is of no effect if the Explosives and Dangerous
Goods Act 1961 is repealed and this Division has not come into
operation before the repeal.
330. Section 52 amended
25 (1) Section 52(1) is amended by deleting all of the subsection after
"may" and inserting instead --
"
apply to the State Administrative Tribunal for a review
of the decision.
30 ".
page 150
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Fair Trading Act 1987 Division 46
s. 331
(2) Section 52(2) is repealed.
Division 46 -- Fair Trading Act 1987
331. The Act amended
The amendments in this Division are to the Fair Trading
5 Act 1987*.
[* Reprinted as at 16 November 2001.]
332. Section 5 amended
Section 5(1) is amended by deleting the definition of
"Commercial Tribunal".
10 333. Section 45 amended
(1) Section 45(1) is amended by deleting paragraph (a) and "and"
after it.
(2) Section 45(5) is amended by deleting "Tribunal" and inserting
instead --
15 " State Administrative Tribunal ".
334. Section 46 amended
Section 46(1), (9) and (10) are repealed.
335. Various references to "Commercial Tribunal" amended
The Act is amended by deleting "Commercial Tribunal" in each
20 place specified in the Table to this section and inserting
instead --
" State Administrative Tribunal ".
Table
s. 44(b)
s. 46(2)
s. 46(3) (both places)
page 151
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 47 Finance Brokers Control Act 1975
s. 336
s. 46(4) (both places)
s. 46(5) (both places)
s. 46(6)
s. 46(7)
s. 46(8)
s. 47(1)(a) (both places)
s. 47(2)
s. 47(3) (3 places)
s. 75(1) (both places)
Division 47 -- Finance Brokers Control Act 1975
336. The Act amended
The amendments in this Division are to the Finance Brokers
Control Act 1975*.
5 [* Reprinted as at 3 March 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 132 and
Act No. 21 of 2003.]
337. Section 4 amended
10 Section 4(1) is amended by deleting the definitions of "District
Court" and "proceedings".
338. Heading to Part II Division 3 replaced
The heading to Part II Division 3 is deleted and the following
heading is inserted instead --
15 "
Division 3 -- Review of decisions of the Board
".
339. Sections 19 to 22 repealed
Sections 19, 20, 21 and 22 are repealed.
page 152
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Finance Brokers Control Act 1975 Division 47
s. 340
340. Section 23 replaced
Section 23 is repealed and the following section is inserted
instead --
"
5 23. Application for review
(1) Any person aggrieved by a reviewable decision of the
Board may apply to the State Administrative Tribunal
for a review of the decision.
(2) In subsection (1) --
10 "person aggrieved" means --
(a) a person whose licence or business
certificate is affected by a reviewable
decision or who, under Part III, applies for or
objects to the grant of a licence or applies for
15 the renewal of a business certificate; or
(b) a person affected by a decision of the Board
under Part IV Division 2;
"reviewable decision" means --
(a) a decision under Part III other than a
20 determination of the form in which an
application or objection is to be made;
(b) a decision under Part IV Division 2.
".
341. Section 24 amended
25 Section 24(5) is repealed.
342. Section 25 amended
Section 25(4) is repealed.
page 153
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 47 Finance Brokers Control Act 1975
s. 343
343. Section 30 amended
After section 30(4) the following subsection is inserted --
"
(5) Despite the surrender by a person of a licence or a
5 business certificate, this Act applies, for the purpose of
enabling the person to be investigated or otherwise
dealt with for a matter arising before the surrender, as
if the licence or certificate had not been surrendered.
".
10 344. Section 32 amended
Section 32(5) is repealed.
345. Section 33 amended
Section 33(2) is repealed.
346. Section 34 amended
15 Section 34(4) is repealed.
347. Sections 34A and 34B inserted
After section 34 the following sections are inserted --
"
34A. Unopposed applications
20 (1) Subject to this Part, a licence may be granted and a
business certificate may be granted or renewed, (as
long as there is no objection in respect of a licence and
special conditions are not imposed or changed) by --
(a) the Board, in a meeting at any time and place;
25 or
(b) the Registrar, at any time or place,
without notice to the applicant, and the performance of
a function by the Registrar under this subsection is to
be treated as performance by the Board.
page 154
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Finance Brokers Control Act 1975 Division 47
s. 348
(2) Where the Board or Registrar performs a function
under subsection (1), the Registrar shall forthwith
deliver the licence or business certificate or the
renewed business certificate, as the case may be, to the
5 applicant.
(3) Sections 27, 28, and 29 apply to the Registrar in the
performance of a function under subsection (1) as if a
reference in any of those provisions to the Board being
satisfied as to a matter were a reference to the Registrar
10 being satisfied as to the matter.
34B. Suspension of licence by State Administrative
Tribunal
(1) Where the State Administrative Tribunal makes an
order against a licensee and payment is not made in
15 accordance with the order or the order is otherwise not
complied with or is breached, the State Administrative
Tribunal may suspend the licence until the payment is
made, or for such period or upon such event occurring
as the State Administrative Tribunal thinks fit.
20 (2) The power conferred on the State Administrative
Tribunal by subsection (1) is in addition to, and does
not derogate from, the powers conferred on it by
Part IV Division 3 or by the State Administrative
Tribunal Act 2003.
25 ".
348. Section 35 amended
Section 35(6) is repealed.
349. Section 56 repealed
Section 56 is repealed.
page 155
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 47 Finance Brokers Control Act 1975
s. 350
350. Section 82 replaced
Section 82 is repealed and the following section is inserted
instead --
"
5 82. Disciplinary proceedings against finance brokers
The Board may allege to the State Administrative
Tribunal that there is proper cause for disciplinary
action, as mentioned in section 83(2).
".
10 351. Section 83 amended
(1) Section 83(1) is amended as follows:
(a) by deleting "If after conducting an inquiry under
section 82(1) the Board is satisfied that proper cause
exists for disciplinary action, the Board" and inserting
15 instead --
"
If, in a procedure commenced by an allegation under
section 82 against a finance broker, the State
Administrative Tribunal is satisfied that proper cause
20 exists for disciplinary action, the State Administrative
Tribunal
";
(b) in paragraph (c) by deleting "Board" in each place
where it occurs and inserting instead --
25 " State Administrative Tribunal ".
(2) Section 83(2)(d) is amended by deleting "Board" and inserting
instead --
" State Administrative Tribunal ".
(3) Section 83(3) is repealed.
page 156
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Finance Brokers Control Act 1975 Division 47
s. 352
352. Section 86 amended
After section 86(1) the following subsection is inserted --
"
(1a) The Board's annual report is to include details of --
5 (a) the number, nature, and outcome, of --
(i) investigations and inquiries undertaken
by, or at the direction of, the Board or
the Registrar; and
(ii) matters that have been brought before
10 the State Administrative Tribunal under
this Act;
(b) the number and nature of matters referred to in
paragraph (a) that are outstanding;
(c) any trends or special problems that may have
15 emerged;
(d) forecasts of the workload of the Board in the
year after the year to which the report relates;
and
(e) any proposals for improving the operation of
20 the Board.
".
353. Section 95 amended
Section 95(2) is amended as follows:
(a) by deleting paragraph (b);
25 (b) in paragraph (d) by inserting after "Act" --
"
, but not in connection with the commencement
of a proceeding before the State Administrative
Tribunal
30 ".
page 157
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 48 Fire and Emergency Services Authority of Western Australia
Act 1998
s. 354
354. Various references to "District Court" amended
The Act is amended by deleting "District Court" in each place
specified in the Table to this section and inserting instead --
" State Administrative Tribunal ".
5 Table
s. 35(5)
s. 72(1) (3 places)
s. 72(2) (both places)
s. 72(4)
s. 73(1) (4 places)
s. 73(2) (3 places)
s. 73(3) and (4)
s. 77 (both places)
s. 78(1) (both places)
s. 78(3) and (4)
Division 48 -- Fire and Emergency Services Authority of
Western Australia Act 1998
355. The Act amended
The amendments in this Division are to the Fire and Emergency
10 Services Authority of Western Australia Act 1998*.
[* Reprint 1 as at 4 April 2003.]
356. Section 36ZA amended
Section 36ZA is amended as follows:
(a) by deleting "hear an appeal" and inserting instead --
15 " review a decision ";
(b) by deleting "appeal" in the second and third places
where it occurs and inserting instead --
" review ".
page 158
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Fire and Emergency Services Authority of Western Australia Division 48
Act 1998
s. 357
357. Part 6A Division 8 heading amended
The heading to Part 6A Division 8 is amended by deleting
"appeals" and inserting instead --
" review ".
5 358. Section 36ZF amended
Section 36ZF is amended by deleting ", within 60 days (or any
further period that the Minister, for reasonable cause shown by
the person, allows) after the date the notice of the determination
was served, serve on the Minister a written notice requiring the
10 Minister to treat the objection as an appeal against" and
inserting instead --
" apply to the State Administrative Tribunal for a review of ".
359. Section 36ZG repealed
Section 36ZG is repealed.
15 360. Section 36ZH amended
(1) Section 36ZH(1) is amended as follows:
(a) by deleting "or appeal" in each place where it occurs;
(b) in paragraph (a) by deleting ", or an appeal against,".
(2) Section 36ZH(2) is amended as follows:
20 (a) by deleting "or appeal" in the first place where it occurs;
(b) by inserting after "subsection (1)" --
" or a review by the State Administrative Tribunal ";
(c) by deleting "appeal," and inserting instead --
" review, ".
page 159
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 49 Fire Brigades Act 1942
s. 361
Division 49 -- Fire Brigades Act 1942
361. The Act amended
The amendments in this Division are to the Fire Brigades
Act 1942*.
5 [* Reprint 6 as at 7 March 2003.]
362. Section 25A amended
Section 25A(4) is repealed and the following subsection is
inserted instead --
"
10 (4) A person who is aggrieved by a direction of the
Authority may apply to the State Administrative
Tribunal for a review of the direction on the ground
that the things directed to be installed and provided in
or upon the premises are not reasonably required by the
15 Authority for any of the purposes referred to in
subsection (1)(b).
".
363. Section 33 amended
(1) Section 33(e)(ii) is amended as follows:
20 (a) by deleting ", within 7 days after its receipt, appeal
against such requisition to a magistrate sitting as a court
of petty sessions within the district," and inserting
instead --
"
25 apply to the State Administrative
Tribunal for a review of the requisition
";
page 160
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Firearms Act 1973 Division 50
s. 364
(b) by deleting "an appeal" and inserting instead --
"
the application or an appeal under
section 104 of the State Administrative
5 Tribunal Act 2003
".
Division 50 -- Firearms Act 1973
364. The Act amended
The amendments in this Division are to the Firearms Act 1973*.
10 [* Reprinted as at 11 August 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 146.]
365. Section 22 amended
(1) Section 22(1) is amended as follows:
15 (a) by deleting the definitions of "appeal", "firearms
appeals tribunal" and "magistrate";
(b) in the definition of "decision" by deleting the semicolon
and inserting instead a full stop.
(2) Section 22(2) is amended by deleting all of the subsection after
20 "may" and inserting instead --
"
apply to the State Administrative Tribunal for a review
of the decision.
".
25 (3) Section 22(3), (4), (5), (6), (7), (8) and (9) are repealed.
366. Section 34 amended
Section 34(2)(c) is deleted.
page 161
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 51 First Home Owner Grant Act 2000
s. 367
367. Schedule 3 repealed
Schedule 3 is repealed.
Division 51 -- First Home Owner Grant Act 2000
368. The Act amended
5 The amendments in this Division are to the First Home Owner
Grant Act 2000*.
[* Act No. 16 of 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 146 and
10 Act No. 13 of 2003.]
369. Section 3 amended
Section 3(1) is amended by inserting in the appropriate
alphabetical position the following definition --
"
15 "application" means an application for a first home
owner grant;
".
370. Part 2 Division 6 heading amended
The heading to Part 2 Division 6 is amended by deleting
20 "appeals" and inserting instead --
" review ".
371. Part 2 Division 6 Subdivision 3 heading amended
The heading to Part 2 Division 6 Subdivision 3 is amended by
deleting "Appeals" and inserting instead --
25 " Review ".
page 162
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
First Home Owner Grant Act 2000 Division 51
s. 372
372. Section 31 amended
(1) Section 31(1) is amended by deleting all of the subsection after
"may" and inserting instead --
"
5 apply to the State Administrative Tribunal for a review
of the decision.
".
(2) Section 31(2) is amended by deleting "appeal is to be
commenced" and inserting instead --
10 " application for review is to be made ".
(3) Section 31(3) is repealed.
373. Section 32 amended
(1) Section 32(1), (2) and (3) are repealed.
(2) Section 32(4) is amended as follows:
15 (a) by deleting "an appeal" and inserting instead --
" an application for a review of the decision ";
(b) by deleting all of the subsection after "to the decision"
and inserting instead --
"
20 to the date of the decision resulting from the
application for review.
".
374. Part 2 Division 6 Subdivision 4 heading deleted
The heading to Part 2 Division 6 Subdivision 4 is deleted.
25 375. Section 33 repealed
Section 33 is repealed.
page 163
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 52 Fish Resources Management Act 1994
s. 376
Division 52 -- Fish Resources Management Act 1994
376. The Act amended
The amendments in this Division are to the Fish Resources
Management Act 1994*.
5 [* Reprinted as at 28 April 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 147-8.]
377. Section 4 amended
Section 4(1) is amended by deleting the definition of "tribunal".
10 378. Part 14 and Part 14 Division 1 headings replaced
The headings to Part 14 and Part 14 Division 1 are deleted and
the following headings are inserted instead --
"
Part 14 -- Right to object or apply for review
15 Division 1 -- Review of decisions concerning
authorisations
".
379. Section 146 amended
Section 146 is amended in the definition of "affected person" by
20 deleting "proposal" in each place where it occurs and inserting
instead --
" decision ".
380. Section 147 amended
(1) Section 147(1) is amended as follows:
25 (a) by inserting after "Before" --
" giving effect to a decision to ";
page 164
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Fish Resources Management Act 1994 Division 52
s. 380
(b) in paragraphs (a), (d) and (e) by deleting "refusing" and
inserting instead --
" refuse ";
(c) in paragraph (b) by deleting "giving" and inserting
5 instead --
" give ";
(d) in paragraph (c) by deleting "cancelling, suspending or
refusing" and inserting instead --
" cancel, suspend or refuse ";
10 (e) in paragraph (f) by deleting "proposal" and inserting
instead --
" decision ";
(f) by deleting paragraph (g) and inserting instead --
"
15 (g) allow sufficient time for the person to make an
application under this Division for a review of
the decision and the application to be
determined.
".
20 (2) Section 147(2) is amended as follows:
(a) in paragraph (a) by deleting "proposal" and inserting
instead --
" decision ";
(b) by deleting paragraph (b) and inserting instead --
25 "
(b) state that the affected person may, under
section 149, apply for a review of the decision.
".
page 165
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 52 Fish Resources Management Act 1994
s. 381
381. Section 148 amended
(1) Section 148(1) is amended as follows:
(a) by deleting "granting, varying or transferring" and
inserting instead --
5 "
giving effect to a decision to grant, vary or transfer
";
(b) in paragraph (d) by deleting "proposal" and inserting
instead --
10 " decision ";
(c) by deleting paragraph (e) and inserting instead --
"
(e) allow sufficient time for any affected person to
make an application under this Division for a
15 review of the decision and the application to be
determined.
".
(2) Section 148(2) is amended as follows:
(a) in paragraph (a) by deleting "proposal" and inserting
20 instead --
" decision ";
(b) by deleting paragraph (b) and inserting instead --
"
(b) state that an affected person may, under
25 section 149, apply for a review of the decision.
".
page 166
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Fish Resources Management Act 1994 Division 52
s. 382
382. Section 149 amended
Section 149 is repealed and the following section is inserted
instead --
"
5 149. Review
(1) An affected person may apply to the State
Administrative Tribunal for a review of a decision
referred to in section 147(1) or section 148(1).
(2) An affected person applying under subsection (1) for a
10 review is required to give the Executive Director a
copy of the application on the day on which it is lodged
with the State Administrative Tribunal.
".
383. Section 150 amended
15 Section 150 is amended as follows:
(a) in paragraph (b) by deleting "proposes" and inserting
instead --
" has decided ";
(b) in paragraph (c) by deleting "objected to the proposal in
20 accordance with section 149" and inserting instead --
"
applied under section 149 for a review of the
decision
";
25 (c) by deleting all of the section after "until the" and
inserting instead --
" application is determined. ".
page 167
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 52 Fish Resources Management Act 1994
s. 384
384. Section 151 and 152 replaced
Sections 151 and 152 are repealed and the following sections
are inserted instead --
"
5 151. Notice of when decision has effect
(1) Upon giving effect to a decision referred to in
section 147(1), the Executive Director is to give each
person who was given notice under section 147(1) of
the decision notice that effect has been given to the
10 decision.
(2) The notice is to be given in writing or in such other
manner as is prescribed.
(3) Upon giving effect to a decision notice of which was
published under section 148(1), the Executive Director
15 is to cause notice to be published, in the same manner,
that effect has been given to the decision, specifying
when it was given effect.
152. Notice of decision upon application for review
(1) Upon determining an application under section 149 for
20 a review of a decision referred to in section 147(1) (the
"original decision"), the State Administrative Tribunal
is to give notice of its decision, and of the reasons for
its decision, in writing or in such other manner as is
prescribed, to each person who was given notice under
25 section 147(1) of the original decision.
(2) Upon determining an application under section 149 for
a review of a decision referred to in section 148(1) (the
"original decision"), the State Administrative Tribunal
is to cause notice of its decision, and of the reasons for
30 its decision, to be published in the manner in which
notice of the original decision was published under
section 148(1)(d).
".
page 168
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Various Acts amended to confer jurisdiction Part 2
Fish Resources Management Act 1994 Division 52
s. 385
385. Section 153 to 162 repealed
Section 153, 154, 155, 156, 157, 158, 159, 160, 161 and 162 are
repealed.
386. Section 238 amended
5 Section 238(4) is amended as follows:
(a) in paragraph (a)(v) by inserting after "Part 14" --
"
, except the making of an application to
the State Administrative Tribunal for a
10 review
";
(b) in paragraph (d) by deleting "a tribunal under
section 156" and inserting instead --
" the State Administrative Tribunal ".
15 387. Section 244 amended
Section 244(1)(g) is deleted.
388. Section 250 amended
Section 250(3)(b) is amended by inserting after "this Act" --
" or the State Administrative Tribunal Act 2003 ".
20 389. Section 255 amended
(1) Section 255(5) is amended by deleting all of the subsection after
"may" and inserting instead --
"
apply to the State Administrative Tribunal for a review
25 of the giving of that notice.
".
(2) Section 255(6), (7) and (8) are repealed.
page 169
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
Repeal Bill 2003
Part 2 Various Acts amended to confer jurisdiction
Division 53 Fisheries Adjustment Schemes Act 1987
s. 390
390. Section 258 amended
Section 258(zc)(i) is amended by inserting after
"applications" --
"
5 , other than an application to the State
Administrative Tribunal for a review
".
Division 53 -- Fisheries Adjustment Schemes Act 1987
391. The Act amended
10 The amendments in this Division are to the Fisheries
Adjustment Schemes Act 1987*.
[* Reprinted as at 3 May 2002.]
392. Section 3 amended
Section 3(1) is amended as follows:
15 (a) by deleting the definition of "member" and inserting
instead --
"
"member", in relation to a committee, means a
member of the committee;
20 ";
(b) by deleting the definition of "Tribunal".
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Fisheries Adjustment Schemes Act 1987 Division 53
s. 393
393. Section 14J amended
Section 14J(1) and (2) are amended by deleting "Tribunal" and
inserting instead --
" State Administrative Tribunal ".
5 394. Section 14L amended
(1) Section 14L(1) is amended by deleting "Tribunal to review" and
inserting instead --
"
State Administrative Tribunal for a review of the
10 Minister's determination of
".
(2) Section 14L(2) is repealed.
395. Section 14M amended
Section 14M is amended by deleting "proceedings have been
15 instituted before the Tribunal" and inserting instead --
"
an application has been made under section 14J or 14L
to the State Administrative Tribunal
".
20 396. Section 14N amended
Section 14N(1) is amended as follows:
(a) in paragraph (b) by deleting "Tribunal to review" and
inserting instead --
" State Administrative Tribunal for a review of ";
25 (b) in paragraph (c) by deleting "Tribunal" and inserting
instead --
" State Administrative Tribunal ".
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Part 2 Various Acts amended to confer jurisdiction
Division 54 Fishing and Related Industries Compensation (Marine
Reserves) Act 1997
s. 397
397. Part 4 Division 2 repealed
Part 4 Division 2 is repealed.
398. Section 15B amended
Section 15B(1)(b) is amended by deleting "14M, 14O(2), 14P or
5 14Q" and inserting instead --
" or 14M ".
Division 54 -- Fishing and Related Industries Compensation
(Marine Reserves) Act 1997
399. The Act amended
10 The amendments in this Division are to the Fishing and Related
Industries Compensation (Marine Reserves) Act 1997*.
[* Act No. 39 of 1997.]
400. Section 3 amended
Section 3(1) is amended as follows:
15 (a) in the definition of "relevant event" by deleting the
semicolon and inserting instead a full stop;
(b) by deleting the definition of "Tribunal".
401. Section 8 amended
(1) Section 8(1) is amended as follows:
20 (a) by deleting "advise the person in writing as to whether
or not the Minister considers that" and inserting
instead --
" decide whether or not ";
(b) by inserting after "Act" --
25 " and advise the person in writing of the decision ".
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Fishing and Related Industries Compensation (Marine Division 54
Reserves) Act 1997
s. 402
(2) After section 8(1) the following subsection is inserted --
"
(1a) A person who receives advice from the Minister under
subsection (1) that the person is not entitled to
5 compensation under this Act may apply to the State
Administrative Tribunal for a review of the decision.
".
(3) Section 8(2) is repealed and the following subsection is inserted
instead --
10 "
(2) If a person does not receive advice from the Minister
within the period specified in subsection (1), the person
may apply to the State Administrative Tribunal to
determine whether or not the person is entitled to
15 compensation under this Act.
".
(4) Section 8(3) is amended by inserting after "subsection" --
" (1a) or ".
402. Section 9 amended
20 Section 9(1) is amended by deleting "that the Minister considers
that" and inserting instead --
" , or the State Administrative Tribunal determines, that ".
403. Section 10 amended
(1) Section 10(1) is amended as follows:
25 (a) by deleting "Tribunal" and inserting instead --
" State Administrative Tribunal ";
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Division 55 Gas Standards Act 1972
s. 404
(b) by deleting "the Minister considers that" and inserting
instead --
"
, or of the State Administrative Tribunal determining
5 that,
".
(2) Section 10(2) is amended by deleting "Tribunal" and inserting
instead --
" State Administrative Tribunal ".
10 404. Section 11 amended
Section 11 is amended by deleting all of the subsection after
"though" and inserting instead --
"
an application has been made under section 8 or 10 to
15 the State Administrative Tribunal.
".
405. Section 12 amended
Section 12(1)(b) is amended by deleting "Tribunal" and
inserting instead --
20 " State Administrative Tribunal ".
Division 55 -- Gas Standards Act 1972
406. The Act amended
The amendments in this Division are to the Gas Standards
Act 1972*.
25 [* Reprinted as at 7 July 2000.]
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Gas Standards Act 1972 Division 55
s. 407
407. Section 13A amended
(1) Section 13A(3) is amended as follows:
(a) in paragraph (d) by deleting ", suspension,
cancellation,";
5 (b) in paragraph (e) by deleting "and other proceedings";
(c) in paragraph (f) by deleting ", and as to the hearing of
inquiries, disciplinary proceedings, and appeal
procedures".
(2) Section 13A(11) is amended as follows:
10 (a) by deleting "call upon that person to return his
certificate, permit or authorisation to the Director, and
appear before a prescribed person or body of persons
authorised by the Director to show cause why he should
not be dealt with in accordance with the provisions of
15 this Act, and pending the holding of the inquiry" and
inserting instead --
"
allege to the State Administrative Tribunal that there is
proper cause for disciplinary action and, pending the
20 holding of any proceedings commenced by the
allegation,
";
(b) by deleting "the person required to show cause should
be disqualified or suspended" and inserting instead --
25 "
any disqualification or suspension be imposed on a
person against whom an allegation could be made to
the State Administrative Tribunal
";
30 (c) by deleting "holding an inquiry" and inserting instead --
"
making an allegation to the State Administrative
Tribunal
".
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Division 55 Gas Standards Act 1972
s. 407
(3) Section 13A(12) is amended as follows:
(a) by deleting "Where the Director calls for any person to
return his certificate, permit or authorisation and appear
before a prescribed person or body of persons authorised
5 by the Director" and inserting instead --
"
For the purposes of investigating or dealing with a
person referred to in subsection (11) (the "holder")
";
10 (b) by deleting paragraphs (a) and (b);
(c) in paragraph (c) --
(i) by deleting "at any inquiry held pursuant to this
section of the person required to show cause"
and inserting instead --
15 " before the Director of the holder ";
(ii) by deleting "at those proceedings"; and
(iii) by deleting "person required to show cause
desires" and inserting instead --
" holder desires ";
20 (d) in paragraph (d) --
(i) by deleting "appearing" and inserting instead --
" attending ";
(ii) by deleting "before an inquiry" in each place
where it occurs; and
25 (iii) by deleting "an appeal" and inserting instead --
"
proceedings before the State Administrative
Tribunal commenced by an allegation
".
30 (4) Section 13A(14) is amended as follows:
(a) by deleting "at an inquiry" and inserting instead --
" in proceedings before the Director ";
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Gas Standards Act 1972 Division 55
s. 407
(b) by deleting "at the inquiry".
(5) Section 13A(15) is amended as follows:
(a) by deleting "an inquiry, or any part of an inquiry" and
inserting instead --
5 "
proceedings before the Director under this section, or
any part of them
";
(b) by deleting "of the inquiry";
10 (c) by deleting "a Judge and shall be heard in Chambers,
and the Judge" and inserting instead --
"
the State Administrative Tribunal, and the State
Administrative Tribunal
15 ";
(d) by deleting "Judge thinks fit; and the decision of a Judge
on any matter under this subsection is final" and
inserting instead --
" State Administrative Tribunal thinks fit ".
20 (6) Section 13A(16) is amended as follows:
(a) by deleting "Where it appears to the Director, as the
result of an inquiry held pursuant to this section, that the
person required to show cause why he should not be
dealt with according to the provisions of this Act has
25 failed so to show cause, or if that person fails to appear
at the inquiry without reasonable excuse, the Director"
and inserting instead --
"
The State Administrative Tribunal dealing with an
30 allegation against a person made under subsection (11)
";
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Division 55 Gas Standards Act 1972
s. 408
(b) by deleting "and may endorse" and inserting instead --
"
and the Director dealing with a matter under that
subsection may do anything referred to in paragraph (c)
5 or (d) and the Director is required to endorse
".
(7) Section 13A(17) is amended by deleting "any case" and
inserting instead --
"
10 dealing with a matter under subsection (11) instead of
making an allegation to the State Administrative
Tribunal
".
(8) Section 13A(19) is amended by inserting after "suspension" --
15 " made by the Director ".
408. Section 13B replaced
Section 13B is repealed and the following section is inserted
instead --
"
20 13B. Application for review
(1) Any person aggrieved by a reviewable decision may
apply to the State Administrative Tribunal for a review
of the decision.
(2) In subsection (1) --
25 "person aggrieved" means --
(a) the holder of a certificate of competency,
permit or authorisation; or
(b) a person who has applied for a certificate of
competency, permit or authorisation;
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Gas Standards Act 1972 Division 55
s. 409
"reviewable decision" means a decision made under
this Act in relation to a certificate of competency,
permit or authorisation, including a decision made
in dealing with a person referred to in
5 section 13A(11) but not including a decision to
make an allegation to the State Administrative
Tribunal.
".
409. Section 13C replaced by sections 13C and 13CA
10 Section 13C is repealed and the following sections are inserted
instead --
"
13C. Surrender of licence
Despite the surrender by a person of the person's
15 licence, this Act applies, for the purpose of enabling
the person to be investigated or otherwise dealt with for
a matter arising before the surrender, as if the licence
had not been surrendered.
13CA. Annual reporting
20 The annual report under the Financial Administration
and Audit Act 1985 of the department of the Public
Service in which the Director is employed is to include
details of --
(a) the number, nature, and outcome, of --
25 (i) investigations and inquiries undertaken
under this Act by, or at the direction of,
the Director; and
(ii) matters that have been brought before
the State Administrative Tribunal under
30 this Act by the Director;
(b) the number and nature of matters referred to in
paragraph (a) that are outstanding;
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Division 56 Gender Reassignment Act 2000
s. 410
(c) any trends or special problems that may have
emerged;
(d) forecasts of the workload of the Director in
performing functions under this Act in the year
5 after the year to which the report relates; and
(e) any proposals for improving the performance of
the Director's functions under this Act.
".
Division 56 -- Gender Reassignment Act 2000
10 410. The Act amended
The amendments in this Division are to the Gender
Reassignment Act 2000*.
[* Act No. 2 of 2000.]
411. Section 17 amended
15 Section 17(2)(b) is amended as follows:
(a) by deleting "appeal is commenced against" and inserting
instead --
" application is made for a review of ";
(b) by deleting "the appeal" and inserting instead --
20 " the application ".
412. Section 21 amended
(1) Section 21(1) is amended by deleting "appeal to the Supreme
Court against" and inserting instead --
" apply to the State Administrative Tribunal for a review of ".
25 (2) Section 21(2), (3) and (4) are repealed.
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Guardianship and Administration Act 1990 Division 57
s. 413
Division 57 -- Guardianship and Administration Act 1990
Subdivision 1 -- Amendments to the Act
413. The Act amended
The amendments in this Subdivision are to the Guardianship
5 and Administration Act 1990*.
[* Reprinted as at 22 November 2002.]
414. Long title amended
The long title is amended by deleting "establish a Board with
jurisdiction" and inserting instead --
10 "
confer on the State Administrative Tribunal jurisdiction
".
415. Section 3 amended
Section 3(1) is amended as follows:
15 (a) by deleting the definition of "application" and inserting
instead --
"
"application" means an application to the State
Administrative Tribunal under this Act;
20 ";
(b) in the definition of "determination" --
(i) by inserting "and" after paragraph (g);
(ii) in paragraph (h) by deleting the semicolon and
inserting instead a full stop; and
25 (iii) by deleting paragraphs (i) and (j);
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Division 57 Guardianship and Administration Act 1990
s. 416
(c) by deleting the definition of "member" and inserting the
following definition instead --
"
"member" means a member of the State
5 Administrative Tribunal;
";
(d) by deleting the definitions of "approved", "Board",
"deputy president", "date of the determination",
"executive officer", "Full Board" and "president";
10 (e) by inserting in the appropriate alphabetical positions the
following definitions --
"
"Deputy President" means a Deputy President of the
State Administrative Tribunal;
15 "executive officer" has the meaning given to that term
in the State Administrative Tribunal Act 2003
section 3;
"Full Tribunal" means the State Administrative
Tribunal constituted so as to consist of --
20 (a) the President; or
(b) a Deputy President,
and 2 other members;
"President" means the President of the State
Administrative Tribunal;
25 ".
416. Section 4 amended
Section 4(1) amended by deleting "the performance of its
functions the Board" and inserting instead --
"
30 dealing with proceedings commenced under this Act
the State Administrative Tribunal
".
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Guardianship and Administration Act 1990 Division 57
s. 417
417. Part 3 and Part 3 Division 1 headings replaced
The headings to Part 3 and Part 3 Division 1 are deleted and the
following headings are inserted instead --
"
5 Part 3 -- The State Administrative Tribunal
Division 1 -- Constitution, functions and proceedings
".
418. Section 5 replaced
Section 5 is repealed and the following section is inserted
10 instead --
"
5. Constitution of State Administrative Tribunal
under this Act
(1) For the purposes of exercising jurisdiction conferred by
15 or under this Act, the State Administrative Tribunal
must be constituted by either one or 3 members, and
not otherwise.
(2) This section has effect subject to section 56A.
".
20 419. Sections 6 to 12 repealed
Sections 6, 6A, 6B, 7, 8, 9, 10, 11 and 12 are repealed.
420. Part 3 Division 2 heading deleted
The heading to Part 3 Division 2 is deleted.
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Division 57 Guardianship and Administration Act 1990
s. 421
421. Section 13 amended
Section 13 is amended as follows:
(a) by deleting "The functions of the Board are" and
inserting instead --
5 "
For the purposes of this Act, the State Administrative
Tribunal has
";
(b) in paragraphs (a), (b), (c), (d) and (e) by inserting before
10 "to" in the first place where it occurs --
" jurisdiction ";
(c) in paragraph (f) by deleting "to perform certain
functions" and inserting instead --
" certain jurisdiction ";
15 (d) in paragraph (g) --
(i) by deleting "to perform the other functions" and
inserting instead --
" any other jurisdiction "; and
(ii) by deleting "and any function vested in it by any
20 other Act" and inserting instead --
"
or any other Act in relation to matters of
guardianship and administration
".
25 422. Sections 14 to 15A repealed
Sections 14, 15 and 15A are repealed.
423. Section 16 amended
(1) Section 16(1)and (3) are repealed.
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Guardianship and Administration Act 1990 Division 57
s. 424
(2) Section 16(4) is amended by inserting after "proceedings" in the
first place where it occurs --
" commenced under this Act ".
(3) Section 16(5) is repealed and the following subsection is
5 inserted instead --
"
(5) Nothing in this section limits any other power of the
State Administrative Tribunal under the State
Administrative Tribunal Act 2003.
10 ".
424. Section 17 amended
(1) Section 17 is amended as follows:
(a) by inserting before "The" the subsection designation
"(1)";
15 (b) by deleting "the proceedings of the Board" and inserting
instead --
"
proceedings of the State Administrative Tribunal
commenced under this Act
20 ";
(2) At the end of section 17 the following subsection is inserted --
"
(2) Those provisions operate in addition to the provisions
of the State Administrative Tribunal Act 2003.
25 ".
425. Section 17A amended
(1) Section 17A(1) is amended by deleting "president" in each
place where it occurs and inserting instead --
" President ".
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Division 57 Guardianship and Administration Act 1990
s. 426
(2) Section 17A(2) is amended by deleting "in the approved form
and".
426. Section 17B amended
(1) Section 17B(1) is amended by inserting after "review" --
5 " commenced ".
(2) Section 17A(2) is amended as follows:
(a) by deleting "shall be in the approved form and";
(b) by deleting paragraph (b) and inserting instead --
"
10 (b) in the case of the notice given to the applicant
or the represented person, a summary of the
provisions of section 16 and clause 13 of Part B
of Schedule 1 of this Act and sections 39, 86
and 87 of the State Administrative Tribunal
15 Act 2003 as they affect that person.
".
427. Sections 17C and 17D repealed
Sections 17C and 17D are repealed.
428. Section 19 amended
20 Section 19(a) and (b) are amended by deleting "president" and
inserting instead --
" President ".
429. Section 33 amended
Section 33(1) is amended by deleting "of the Board".
25 430. Part 3 Division 4 repealed
Part 3 Division 4 is repealed.
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Guardianship and Administration Act 1990 Division 57
s. 431
431. Section 40 amended
(1) Section 40(2) is repealed.
(2) Section 40(3) is amended by deleting "the approved" and
inserting instead --
5 " written ".
432. Section 41 amended
Section 41(2) is amended as follows:
(a) by deleting "shall be in the approved form and";
(b) in paragraph (b)(i) by inserting after "Schedule 1" --
10 "
, and sections 39, 86 and 87 of the State
Administrative Tribunal Act 2003,
".
433. Section 42 repealed
15 Section 42 is repealed.
434. Section 55 amended
Section 55(2) is amended by deleting "Board" and inserting
instead --
" Public Advocate ".
20 435. Section 56A amended
Section 56A is amended by deleting "6B" and inserting
instead --
" 5 ".
436. Section 59 amended
25 Section 59(2) is repealed.
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Division 57 Guardianship and Administration Act 1990
s. 437
437. Section 60 amended
Section 60(2) is amended as follows:
(a) by deleting "shall be in the approved form and";
(b) in paragraph (b)(i) by inserting after "Schedule 1" --
5 "
, and sections 39, 86 and 87 of the State
Administrative Tribunal Act 2003,
".
438. Section 61 repealed
10 Section 61 is repealed.
439. Section 80 amended
(1) Section 80(1) is amended as follows:
(a) by deleting "rules made by, the Board" and inserting
instead --
15 " regulations ";
(b) by deleting "Board" in each place where it occurs and
inserting instead --
" Public Trustee ".
(2) Section 80(1a) is repealed.
20 (3) Section 80(2), (3), (4), (5) and (6) are amended by deleting
"Board" in each place where it occurs and inserting instead --
" Public Trustee ".
(4) Section 80(6) is amended by deleting "executive officer" and
inserting instead --
25 " Public Trustee ".
(5) After section 80(6) the following subsection is inserted --
"
(6a) A person aggrieved by a decision of the Public
Trustee under subsection (3) may apply to the
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Guardianship and Administration Act 1990 Division 57
s. 440
State Administrative Tribunal for a review of
the decision.
".
440. Section 82 amended
5 (1) Section 82(1) is amended as follows:
(a) by deleting "Supreme Court" and inserting instead --
" State Administrative Tribunal ";
(b) by deleting "Court" in the second place where it occurs
and inserting instead --
10 " Tribunal ".
(2) Section 82(2) is amended as follows:
(a) by deleting "Court" in the first place where it occurs and
inserting instead --
" State Administrative Tribunal ";
15 (b) in paragraph (b) by deleting "Court" and inserting
instead --
" Tribunal ".
441. Section 85 amended
(1) Section 85(2) is amended by deleting "the motion of the Board
20 or on".
(2) Section 85(3) is amended by deleting all of the subsection after
"practicable after the" and inserting instead --
" application for review is made. ".
(3) After subsection (3) the following subsection is inserted --
25 "
(4) Where --
(a) a joint guardian or administrator dies; or
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Division 57 Guardianship and Administration Act 1990
s. 442
(b) an alternate guardian becomes the guardian
under section 55 on the death of the original
guardian,
the Public Advocate shall ensure that an application for
5 review is made as soon as practicable after the date of
death.
".
442. Section 86 amended
(1) Section 86(1) is repealed and the following subsection is
10 inserted instead --
"
(1) The State Administrative Tribunal may at any time on
the application of --
(a) the Public Advocate;
15 (b) a represented person or a guardian or an
administrator; or
(c) a person to whom leave has been granted under
section 87,
review a guardianship order or an administration order.
20 ".
(2) Section 86(2) is amended by deleting "(i)".
443. Section 87 amended
Section 87(2) and (3) are repealed.
444. Section 88 amended
25 Section 88 is amended as follows:
(a) by deleting "shall be made in the approved form and
shall be lodged with the executive officer, and" and
inserting instead a comma;
(b) by inserting after "87" a comma.
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Guardianship and Administration Act 1990 Division 57
s. 445
445. Section 89 amended
(1) Section 89(1) is amended by inserting after "review" --
" commenced ".
(2) Section 89(2) is amended as follows:
5 (a) by deleting "shall be in the approved form and";
(b) in paragraph (c)(i) by inserting after "Schedule 1" --
"
, and sections 39, 86 and 87 of the State
Administrative Tribunal Act 2003,
10 ".
446. Section 90 amended
(1) Section 90 is amended by inserting before "Upon" the
subsection designation "(1)".
(2) At the end of section 90 the following subsection is inserted --
15 "
(2) A review under this Part is in the State Administrative
Tribunal's original jurisdiction.
".
447. Section 97 amended
20 Section 97(1) is amended as follows:
(a) by deleting "section 40" and inserting instead --
" this Act ";
(b) in paragraph (b) by deleting "Board" and inserting
instead --
25 "
State Administrative Tribunal commenced
under this Act
";
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Division 57 Guardianship and Administration Act 1990
s. 448
(c) in paragraph (f)(i) by deleting "Board" and inserting
instead --
"
State Administrative Tribunal conferred
5 under this Act
".
448. Section 104A amended
Section 104A(3) is amended by deleting "Sections 41(1) and (3)
and 42" and inserting instead --
10 " Section 41(1) and (3) ".
449. Section 106 amended
Section 106(4) is amended by deleting "Sections 41(1) and (3)
and 42" and inserting instead --
" Section 41(1) and (3) ".
15 450. Section 108 amended
(1) Section 108(1)(a) is amended by deleting "board" and inserting
instead --
" State Administrative Tribunal ".
(2) Section 108(4) is amended by deleting "Sections 41(1) and (3)
20 and 42" and inserting instead --
" Section 41(1) and (3) ".
451. Section 111 amended
Section 111(5) is amended by deleting "Board of its own
motion or" and inserting instead --
25 " State Administrative Tribunal ".
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Guardianship and Administration Act 1990 Division 57
s. 452
452. Section 112 amended
(1) Section 112(1) and (2) are amended by inserting after
"proceedings" in the first place where it occurs --
" commenced under this Act ".
5 (2) Section 112(3) is amended by deleting "or officer of the Board"
and inserting instead --
"
of the State Administrative Tribunal or a member of
staff of the Tribunal
10 ".
(3) Section 112(4) is amended by deleting ", or of its own motion".
453. Section 113 amended
After section 113(2) the following subsection is inserted --
"
15 (3) The provisions of this section are in addition to, and do
not derogate from, the provisions of the State
Administrative Tribunal Act 2003 relating to the
disclosure of information and documents.
".
20 454. Section 114 amended
Section 114(2) and (3) are repealed.
455. Section 116 repealed
Section 116 is repealed.
456. Section 117 amended
25 Section 117(3)(b) is amended by inserting after "section 16" --
"
of this Act or section 39, 86 or 87 of the State
Administrative Tribunal Act 2003
".
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Division 57 Guardianship and Administration Act 1990
s. 457
457. Section 120 amended
Section 120(2) is repealed.
458. Sections 121 to 123 repealed
Sections 121, 122 and 123 are repealed.
5 459. Schedule 1 amended
(1) Schedule 1 is amended before "Part A" by deleting "[sections 7
and 17]" and inserting instead --
" [section 17] ".
(2) Schedule 1 Part A is repealed.
10 (3) Schedule 1 Part B clauses 1 to 10 are repealed.
(4) Schedule 1 Part B clause 11(1) is repealed.
(5) Schedule 1 Part B clause 11(2) is amended as follows:
(a) by deleting "the proceedings" in the first place where it
occurs and inserting instead --
15 " proceedings commenced under this Act ";
(b) by deleting "order" and inserting instead --
" direct ".
(6) Schedule 1 Part B clause 11(3) is amended by deleting "Board"
and inserting instead --
20 "
State Administrative Tribunal commenced under this Act
";
(7) Schedule 1 Part B clause 11(4) and the Penalty provision after it
are repealed.
25 (8) Schedule 1 Part B clause 12(1) and (2) are amended by inserting
before "under" --
" commenced ".
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Guardianship and Administration Act 1990 Division 57
s. 460
(9) Schedule 1 Part B clause 13(1) and (3) are repealed.
(10) Schedule 1 Part B clause 13(2)(a) and (b) are amended by
deleting "the proceedings" and inserting instead --
" proceedings commenced under this Act ".
5 (11) Schedule 1 Part B clause 13(4) is amended by deleting "Board"
in the first place where it occurs and inserting instead --
" State Administrative Tribunal commenced under this Act ".
460. Schedule 3 amended
Schedule 3 Forms 1 and 2 are amended by deleting
10 "Guardianship and Administration Board" and inserting
instead --
" State Administrative Tribunal ".
461. Various references to "Board" amended
(1) The Act is amended by deleting "Board" in each place specified
15 in the Table to this section and inserting instead --
" State Administrative Tribunal ".
Table
s. 3(1) (definitions of "determination" and "party")
Pt. 2 heading
s. 4(2)(a), (b), (c), (d), (e) and (f)
s. 16(2)(a) and (b)
s. 16(4) (both places)
Pt. 3 Div. 2A heading
s. 17A(1) (in the first place)
s. 17B(3)
s. 18(2) (in the first place)
s. 19 (3 places)
s. 21(a)
s. 24(2) (in the first place)
s. 26(a)
s. 28(1) and (3)
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Part 2 Various Acts amended to confer jurisdiction
Division 57 Guardianship and Administration Act 1990
s. 461
s. 29(1)(a)
s. 29(2) (in the first place)
s. 30(1)(a)
s. 30(1)(c) (in the first place)
s. 30(2) (in the first place)
s. 30(3)
s. 31
s. 40(1)
s. 41(2)(b)(ii) and (3)
s. 43(1) (in the first place)
s. 43(2) and (3)
s. 44(1), (2) and (5)
s. 46
s. 47(1) (in the first place)
s. 47(3) and (4)
s. 49(1) and (2)
s. 51(1)
s. 53(b)
s. 56A (in the first place)
s. 57(1)(a) and (2)(a)
s. 58(1)
s. 59(1)
s. 60(2)(b)(ii) and (3)
s. 63(1) and (2)
s. 64(1) (in the first place)
s. 64(2) and (3)