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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
State Trading Concerns Amendment
Bill 1999
A Bill for
An Act to amend the State Trading Concerns Act 1916.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the State Trading Concerns
Amendment Act 1999.
page 1
65--1
State Trading Concerns Amendment Bill 1999
s. 2
2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. The Act amended
5 The amendments in this Act are to the State Trading Concerns
Act 1916*.
[* Reprinted as at 18 August 1997.]
4. Long title amended
The long title is amended by inserting after "Concerns," --
10 "
and to extend the functions of certain agencies,
".
5. Section 4A amended
Section 4A(2)(b) is amended by inserting after "provision" --
15 " (in the State or elsewhere) ".
6. Section 4B inserted
After section 4A the following section is inserted --
"
4B. Extension of statutory functions by regulation
20 (1) In this section --
"accountable authority" has the meaning given by
section 3 of the Financial Administration and
Audit Act 1985;
"chief executive officer" has the meaning given by
25 section 3 of the Public Sector Management Act 1994;
"Minister" means a Minister of the Crown;
page 2
State Trading Concerns Amendment Bill 1999
s. 6
"Minister responsible", in relation to a statutory
corporation, means the Minister to whom the
administration of the Act under which the statutory
corporation is constituted is for the time being
5 committed by the Governor;
"statutory corporation" means --
(a) a Minister or chief executive officer who is
constituted as a body corporate under an Act; or
(b) any other body corporate that is constituted
10 for a public purpose under an Act and is an
agency of the Crown in right of the State.
(2) Subject to subsections (3) and (5), a prescribed statutory
corporation can carry on a prescribed activity involving the
provision (in the State or elsewhere) of --
15 (a) goods, information or intellectual property;
(b) scientific, technical, educational, training,
management or advisory services; or
(c) advertising opportunities or opportunities to
participate in arrangements in the nature of
20 advertising or having a purpose similar to
advertising.
(3) A statutory corporation (other than a Minister) cannot
impose a fee or charge in the course of carrying on an
activity authorized by subsection (2) unless the amount
25 of the fee or charge has been approved by the Minister
responsible for the statutory corporation.
(4) Subsection (2) does not limit any other functions of a
statutory corporation, and an activity authorized by
subsection (2) may be carried on in addition to those
30 other functions.
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State Trading Concerns Amendment Bill 1999
s. 6
(5) Subsection (2) has effect even if the Act under which a
statutory corporation is constituted imposes a general
prohibition or restriction on entry by the statutory
corporation into business undertakings or arrangements, but
5 subsection (2) does not authorize a statutory corporation to
carry on an activity if another enactment expressly prevents
the statutory corporation from carrying on that activity.
(6) For the purposes of subsection (3), the amount of a fee
or charge that is determined in a manner that has been
10 approved by the Minister responsible for a statutory
corporation is to be regarded as having been approved
by the Minister.
(7) The Minister responsible for a statutory corporation
may delegate the power to give approval under
15 subsection (3) or (6) in relation to fees or charges
imposed by the statutory corporation --
(a) if the statutory corporation has an accountable
authority, to the accountable authority; or
(b) if the statutory corporation is a chief executive
20 officer, to the chief executive officer.
(8) If a Minister is a statutory corporation, the Minister
may delegate to the chief executive officer of the
agency principally assisting the Minister in the
administration of the Act under which the statutory
25 corporation is constituted the power --
(a) to fix the amount of a fee or charge to be
imposed by the statutory corporation in the
course of carrying on an activity authorized by
subsection (2); or
page 4
State Trading Concerns Amendment Bill 1999
s. 6
(b) to specify the manner in which the amount of
such a fee or charge is to be determined.
".
page 5
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