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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
Western Australian Meat Industry
Authority Amendment Bill 1998
A Bill for
An Act to amend the Western Australian Meat Industry Authority
Act 1976 and the Statutory Corporations (Liability of Directors)
Act 1996.
The Parliament of Western Australia enacts as follows:
5 1. Short title
This Act may be cited as the Western Australian Meat Industry
Authority Amendment Act 1998.
page 1
9--1
Western Australian Meat Industry Authority Amendment Bill 1998
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 Western Australian Meat
Industry Authority Act 1976*[unless otherwise indicated].
[* Act No. 75 of 1976.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 252 and Act No. 10 of 1998.]
10 4. Section 7 amended
(1) After section 7(1) the following subsections are inserted --
"
(1a) The Authority is a body corporate with perpetual
succession.
15 (1b) Proceedings may be taken by or against the Authority
in its corporate name.
".
(2) After section 7(3) the following subsection is inserted --
"
20 (4) Subsection (3) has effect subject to the Statutory
Corporations (Liability of Directors) Act 1996.
".
5. Section 14 amended
Section 14 is amended --
25 (a) by inserting after the section designation "14." the
subsection designation "(1)"; and
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Western Australian Meat Industry Authority Amendment Bill 1998
s. 6
(b) by inserting the following subsection --
"
(2) Subsection (1) has effect subject to the Statutory
Corporations (Liability of Directors) Act 1996.
5 ".
6. Heading inserted
After section 15 the following heading is inserted --
"
Part IIA -- Financial provisions
10 ".
7. Section 15B amended
(1) Section 15B(2) is amended --
(a) by deleting "and" after paragraph (a); and
(b) by inserting after paragraph (a) the following
15 paragraph --
"
(aa) moneys borrowed by the Authority under
section 15C or 15D; and
".
20 (2) Section 15B(3) is amended by inserting after paragraph (a) the
following paragraph --
"
(aa) for the payment of interest on, fees payable in
respect of and repayments of moneys borrowed
25 by the Authority under section 15C or 15D;
".
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Western Australian Meat Industry Authority Amendment Bill 1998
s. 8
8. Sections 15C, 15D, 15E and 15F inserted
After section 15B the following sections are inserted --
"
15C. Borrowing from Treasurer
5 The Authority may borrow from the Treasurer such
amounts as the Treasurer approves on such terms and
conditions relating to repayment and payment of
interest as the Treasurer imposes.
15D. Other borrowing
10 (1) In addition to its powers under section 15C, the
Authority may with the prior written approval of the
Treasurer and on such terms and conditions as the
Treasurer approves, borrow moneys for the purpose of
performing its functions.
15 (2) Any moneys borrowed by the Authority under
subsection (1) may be raised --
(a) as one loan or as several loans; and
(b) in such manner as the Treasurer approves.
(3) The total amount of the moneys so borrowed in any
20 one financial year is not to exceed such amount as the
Treasurer approves.
15E. Guarantee by Treasurer
(1) The Treasurer may, in the name and on behalf of the
Crown in right of the State, guarantee the payment of
25 any moneys payable by the Authority in respect of
moneys borrowed by it under section 15D.
(2) A guarantee is to be in such form and contain such
terms and conditions as the Treasurer determines.
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Western Australian Meat Industry Authority Amendment Bill 1998
s. 9
(3) Before a guarantee is given the Authority is to --
(a) give to the Treasurer such security as the
Treasurer requires; and
(b) execute all instruments that are necessary for
5 the purpose.
15F. Effect of guarantee
(1) The due payment of moneys payable by the Treasurer
under a guarantee given under section 15E is to be --
(a) made by the Treasurer; and
10 (b) charged to, and paid out of, the Consolidated
Fund,
and this subsection appropriates that Fund accordingly.
(2) The Treasurer is to cause to be credited to the
Consolidated Fund any amounts received or recovered
15 from the Authority or otherwise in respect of any
payment made by the Treasurer under a guarantee
given under section 15E.
".
9. Section 16 amended
20 Section 16(2) is repealed.
10. Sections 16A, 16B and 16C inserted
After section 16 the following sections are inserted --
"
16A. Powers
25 (1) The Authority has power to do all things necessary or
convenient to be done for or in connection with the
performance of its functions.
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Western Australian Meat Industry Authority Amendment Bill 1998
s. 10
(2) Without limiting subsection (1) or the other powers
conferred on the Authority by this Act, the Authority
may --
(a) acquire, hold, manage, improve, develop and
5 dispose of real and personal property;
(b) enter into any contract or arrangement;
(c) with the approval of the Minister, and subject to
subsection (3) --
(i) participate in any business arrangement;
10 and
(ii) acquire, hold and dispose of units or
other interests in, or relating to, any
business arrangement;
and
15 (d) appoint agents or engage persons under
contracts for services to provide professional,
technical or other assistance to the Authority.
(3) The Authority shall not exercise its powers under
subsection (2)(c) except for the purpose of, or in
20 relation to, the performance of its functions under
section 16(1)(d) or (e).
(4) In exercising any power under this section the
Authority may act in conjunction with --
(a) any person or firm, or a public authority; or
25 (b) any department of the Public Service or any
agency of the State or the Commonwealth.
(5) In this section --
"acquire" includes taking on lease or licence or in any
other manner in which an interest in property may
30 be acquired;
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Western Australian Meat Industry Authority Amendment Bill 1998
s. 10
"business arrangement" means a partnership, a trust,
a joint venture or an arrangement for sharing
profits;
"dispose of " includes dispose of by way of lease;
5 "participate" includes form, promote, establish, enter
into, manage, dissolve, wind up and do anything
incidental to participating in a business
arrangement.
16B. Authority to apportion expenditure, liabilities and
10 benefits
(1) In this section --
"expenditure" includes the costs of administration,
provision for reserves, depreciation and the
repayment of loans.
15 (2) The Authority shall, in such manner as it considers
appropriate, apportion between --
(a) its operations relating to its functions under
section 16(1)(d); and
(b) its operations relating to its other functions,
20 any expenditure or liability incurred or moneys or other
benefit received in respect of a transaction which does
not relate exclusively to operations of a particular kind.
(3) If any asset which is derived solely from the operations
referred to in a paragraph of subsection (2) is employed
25 wholly or partly for the benefit of the operations
referred to in the other paragraph of that subsection, the
Authority shall make an appropriate charge for the
asset for the credit of the operations from which the
asset is derived.
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Western Australian Meat Industry Authority Amendment Bill 1998
s. 11
(4) Nothing in this section shall be construed as precluding
the Authority from employing any moneys or other
asset, however derived, for the general purposes of the
Authority or for a purpose that relates exclusively to its
5 operations of a particular kind.
16C. Delegation
(1) The Authority may, by instrument in writing, delegate
the performance of any of its functions under
section 16(1)(d).
10 (2) A delegation under subsection (1) may be made --
(a) to a member or members of the Authority;
(b) to an officer or employee of the Authority; or
(c) with the approval of the Minister, to any other
person.
15 (3) A function performed by a delegate is to be taken to be
performed by the Authority.
(4) Nothing in this section is to be read as limiting the
ability of the Authority to act through its officers and
agents in the normal course of business.
20 ".
11. Section 25A inserted
After section 25 the following section is inserted --
"
25A. Execution of documents by Authority
25 (1) The Authority is to have a common seal.
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Western Australian Meat Industry Authority Amendment Bill 1998
s. 11
(2) A document is duly executed by the Authority if --
(a) the common seal of the Authority is affixed to
it in accordance with subsections (3) and (4); or
(b) it is signed on behalf of the Authority by a
5 person or persons authorized to do so under
subsection (5).
(3) The common seal of the Authority is not to be affixed
to any document except as authorized by the Authority.
(4) The common seal of the Authority is to be affixed to a
10 document in the presence of 2 members of the
Authority, and each of them is to sign the document to
attest that the common seal was so affixed.
(5) The Authority may, by writing under its seal, authorize
a member or members of the Authority or a member or
15 members of staff to sign documents on behalf of the
Authority, either generally or subject to such
conditions or restrictions as are specified in the
authorization.
(6) A document purporting to be executed in accordance
20 with this section is to be presumed to be duly executed
until the contrary is shown.
(7) When a document is produced bearing a seal
purporting to be the common seal of the Authority, it is
to be presumed that the seal is the common seal of the
25 Authority until the contrary is shown.
".
page 9
Western Australian Meat Industry Authority Amendment Bill 1998
s. 12
12. Consequential amendment to Statutory Corporations
(Liability of Directors) Act 1996
Schedule 1 to the Statutory Corporations (Liability of
Directors) Act 1996* is amended by inserting in the appropriate
5 alphabetical position the following --
"
Western a member of Western Australian
Australian Meat the Authority Meat Industry
Industry Authority Authority Act 1976
".
[* Act No. 41 of 1996.
For subsequent amendments see Acts No. 4 and 30 of 1998.]
10
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