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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Zoological Parks Authority Bill 1999
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 2
Part 2 -- Zoological Parks Authority
4. Authority established 4
5. Agent of the Crown 4
6. Board of management 4
7. Constitution and proceedings of the board 5
8. Remuneration of members 5
Part 3 -- Functions and powers
9. Functions 6
10 . Powers 6
11 . Requirements for Ministerial approval 9
12 . Authority to act in accordance with policy instruments 9
13 . Delegation 9
14 . Minister may give directions 10
15 . Minister to have access to information 11
page i
80--1
Zoological Parks Authority Bill 1999
Contents
Part 4 -- Policy instruments
Division 1 --Business plan
16 . Draft business plan to be submitted to Minister 13
17 . Content of business plan 13
18 . Minister's powers in relation to draft business plan 14
19 . Modifications of business plan 14
Division 2 -- Annual operational plan
20 . Draft annual operational plan to be submitted to
Minister 15
21 . Content of annual operational plan 16
22 . Minister's powers in relation to draft annual
operational plan 16
23 . Modifications of annual operational plan 17
Part 5 -- Staff
24 . Chief Executive Officer 18
25 . Other staff 18
26 . Use of other government staff etc. 19
Part 6 -- Park management officers
27 . Park management officers 20
28 . Identity cards 20
29 . Enforcement powers of park management officers 21
30 . Requirement to leave zoological park 22
31 . Obstruction of park management officer 22
Part 7 -- Financial provisions
32 . Funds of the Authority 23
33 . Zoological Parks Authority Account 23
34 . Borrowing from Treasurer 24
35 . Other borrowing 24
36 . Guarantee by Treasurer 24
37 . Effect of guarantee 25
38 . Application of Financial Administration and Audit
Act 1985 25
page ii
Zoological Parks Authority Bill 1999
Contents
Part 8 -- General
39 . Protection from liability 26
40 . Execution of documents by the Authority 26
41 . Confidentiality 27
42 . Onus of proof in vehicle offences may be shifted 27
43 . Infringement notices 29
44 . Notice placing onus on vehicle owner 30
45 . Regulations 31
46 . Repeal 32
47 . Consequential amendments 32
48 . Review of Act 32
Schedule 1 -- Perth Zoological Park
Schedule 2 -- Constitution and proceedings
of board
Division 1 -- General provisions
1. Term of office 35
2. Resignation, removal etc. 35
3. Chairperson and deputy chairperson 36
4. Leave of absence 36
5. Member unable to act 36
6. Saving 36
7. Calling of meetings 36
8. Presiding officer 37
9. Quorum 37
10 . Voting 37
11 . Minutes 37
12 . Resolution without meeting 37
13 . Telephone or video meetings 37
14 . Committees 38
15 . Board to determine its own procedures 38
Division 2 -- Disclosure of interests etc.
16 . Disclosure of interests 38
17 . Voting by interested members 38
18 . Clause 17 may be declared inapplicable 39
page iii
Zoological Parks Authority Bill 1999
Contents
19 . Quorum where clause 17 applies 39
20 . Minister may declare clauses 17 and 19 inapplicable 39
Schedule 3 -- Tenure, salary, conditions of
service etc. of Chief Executive Officer
Division 1 -- General
1. Effect of Authority being SES organization 40
2. Effect of Authority becoming non-SES organization 40
3. Appointment of Chief Executive Officer 40
Division 2 -- Provisions applying to Chief Executive
Officer under clause 1(b) or 2
4. Meaning of "Chief Executive Officer" 40
5. Tenure of office 41
6. Salary and entitlements 41
7. Superannuation 41
8. Appointment of public service officer 41
9. Removal from office 42
10 . Other conditions of service 43
Schedule 4 -- Transitional and saving
provisions
1. Definitions 44
2. Interpretation Act to apply 44
3. Board dissolved 44
4. Membership 45
5. Devolution of assets, liabilities etc. 45
6. Agreements and instruments 46
7. References to Board in written law 46
8. Chief executive officer 46
9. Staff 47
10 . Annual report for part of a year 47
11 . Immunity to continue 47
12 . Exemption from State tax 48
13 . Registration of documents 48
14 . Saving 48
page iv
Zoological Parks Authority Bill 1999
Contents
Schedule 5 -- Consequential amendments to
various Acts
1. Constitution Acts Amendment Act 1899 amended 49
2. Financial Administration and Audit Act 1985
amended 49
3. Government Employees Superannuation Act 1987
amended 49
4. Prevention of Cruelty to Animals Act 1920 amended 50
5. Public Sector Management Act 1994 amended 50
6. Sentencing Act 1995 amended 50
Defined Terms
page v
Western Australia
LEGISLATIVE ASSEMBLY
Zoological Parks Authority Bill 1999
A Bill for
An Act to --
· establish an Authority to control and manage
zoological parks;
· repeal the Zoological Gardens Act 1972;
· consequentially amend certain other Acts,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Zoological Parks Authority Bill 1999
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Zoological Parks Authority
Act 1999.
5 2. Commencement
This Act comes into operation on a day fixed by proclamation.
3. Interpretation
In this Act, unless the contrary intention appears --
"Account" means the account referred to in section 33(1);
10 "Authority" means the Zoological Parks Authority established
by section 4(1);
"board" means the board of management provided for by
section 6;
"Chief Executive Officer" means the person appointed as such
15 for the purposes of section 24;
"committee" means a committee appointed under clause 14 of
Schedule 2;
"function", except in sections 9 and 10, includes power, duty
and authority;
20 "member" means member of the board and includes a person
appointed under clause 5 of Schedule 2 and a member of a
committee;
"member of staff " means the Chief Executive Officer or a
person referred to in section 25 or 26;
25 "owner", in relation to a vehicle, means --
(a) the person who holds the licence for the vehicle that
is required under the Road Traffic Act 1974; or
page 2
Zoological Parks Authority Bill 1999
Preliminary Part 1
s. 3
(b) if the vehicle is not licensed under the Road Traffic
Act 1974, the person who owns the vehicle or is
entitled to its possession;
"park management officer" means --
5 (a) a person designated as such under section 27; or
(b) a police officer;
"Treasurer" means Treasurer of the State;
"vehicle" has the same meaning as in the Road Traffic
Act 1974;
10 "zoological park" means --
(a) the land described in Schedule 1 (known as "Perth
Zoological Park");
(b) land reserved under the Land Administration
Act 1997 the care, control and management of which
15 is placed with the Authority under that Act; and
(c) land prescribed by regulation for the purposes of this
definition;
"zoological specimen" means --
(a) any living animal;
20 (b) any living or dead larvae, embryo, egg or sperm of
any animal or other part or product of an animal from
which another animal could be produced;
(c) the carcass of an animal; and
(d) any recognized zoological taxon.
page 3
Zoological Parks Authority Bill 1999
Part 2 Zoological Parks Authority
s. 4
Part 2 -- Zoological Parks Authority
4. Authority established
(1) A body called the Zoological Parks Authority is established.
(2) The Authority is a body corporate with perpetual succession.
5 (3) Proceedings may be taken by or against the Authority in its
corporate name.
(4) The Authority may use, and operate under, one or more trading
names approved by the Minister.
(5) A trading name can be --
10 (a) an abbreviation or adaptation of the Authority's
corporate name; or
(b) a name other than the Authority's corporate name.
5. Agent of the Crown
The Authority is an agent of the Crown and enjoys the status,
15 immunities and privileges of the Crown.
6. Board of management
(1) The Authority is to have a board of management comprising
8 persons appointed in writing by the Minister.
(2) The board is the governing body of the Authority and, in the
20 name of the Authority, is to perform the functions of the
Authority under this Act.
(3) The Minister is to ensure that each person appointed to the
board has expertise that, in the Minister's opinion, is relevant to
the functions of the Authority.
page 4
Zoological Parks Authority Bill 1999
Zoological Parks Authority Part 2
s. 7
7. Constitution and proceedings of the board
Schedule 2 has effect with respect to the board and its members.
8. Remuneration of members
A member is to be paid such remuneration and travelling and
5 other allowances as are determined in his or her case by the
Minister on the recommendation of the Minister for Public
Sector Management.
page 5
Zoological Parks Authority Bill 1999
Part 3 Functions and powers
s. 9
Part 3 -- Functions and powers
9. Functions
(1) The functions of the Authority are --
(a) to establish, care for, control and manage zoological
5 parks in which zoological specimens are kept and
displayed, and plants cultivated, for conservation,
research, scientific, educational, cultural or recreational
purposes;
(b) to collaborate in, carry out or procure the carrying out
10 of, breeding programmes for the preservation of
threatened animal species;
(c) to collaborate in, carry out or procure the carrying out
of, research programmes for the preservation of
threatened animal species and the conservation and
15 management of other species;
(d) to carry out public education and awareness
programmes;
(e) to use the knowledge, expertise and resources of the
Authority to provide scientific, technical, educational,
20 training, management and advisory services;
(f) to provide, improve and promote recreational services
and facilities in zoological parks; and
(g) to conserve and enhance the natural environment,
gardens and amenities of zoological parks.
25 (2) It is also a function of the Authority to do things that its board
determines are conducive or incidental to the performance of a
function referred to in subsection (1).
10. Powers
(1) The Authority has all the powers it needs to perform its functions.
page 6
Zoological Parks Authority Bill 1999
Functions and powers Part 3
s. 10
(2) Without limiting subsection (1), the Authority may for the
purpose of performing a function --
(a) acquire, keep, display, sell or dispose of zoological
specimens, plants and other things for zoological parks;
5 (b) provide and maintain facilities for the instruction,
entertainment and convenience of the public;
(c) subject to section 11, acquire, hold and dispose of real
and personal property;
(d) manage, improve and develop real or personal property
10 vested in it or acquired by it or arrange for property to
be managed, improved or developed;
(e) subject to section 11, grant a lease or licence on such
terms and conditions as the board thinks fit;
(f) cooperate with, and provide funds and other assistance
15 to other bodies and to individuals in relation to the
function;
(g) give or take zoological specimens by way of loan or
exchange with other bodies or individuals;
(h) produce and publish information on matters related to
20 the function;
(i) develop and turn to account any technology, software or
other intellectual property that relates to the function,
and, for that purpose, apply for, hold, exploit and
dispose of any patent, patent rights, copyright or similar
25 rights;
(j) require payment of rent, fees or other charges for the use
of any of its facilities (whether permanent or temporary)
or for the use of any part of a zoological park;
(k) require payment of fees --
30 (i) for entry to a zoological park; and
page 7
Zoological Parks Authority Bill 1999
Part 3 Functions and powers
s. 10
(ii) for admission to a particular display or event
being conducted on any part of a zoological park
for purposes consistent with the function, or to
any land or facility being used in connection with
5 such a display or event;
(l) fix the amount of rent, fees or charges referred to in
paragraphs (j) and (k) with power to waive, reduce or
refund the amount payable in particular cases;
(m) enter into a contract or arrangement with a person or
10 body (including a local government or a department of
the Public Service, or other agency or instrumentality, in
the State or elsewhere) --
(i) for the performance by that person or body of
any work or the supply of equipment or services;
15 (ii) to provide consultancy or advisory services to
that person or body; or
(iii) for the commercial exploitation of the knowledge
expertise and resources of the Authority and the
rights referred to in paragraph (i);
20 (n) on terms and conditions approved by the Minister and
the Treasurer, participate in any business arrangement
and acquire, hold and dispose of shares, units or other
interests in, or relating to a business arrangement;
(o) act in conjunction with a person, a firm, a local
25 government or a department of the Public Service, or
other agency or instrumentality, of the State or the
Commonwealth; and
(p) promote and market zoological parks and the
Authority's activities.
30 (3) For the purposes of subsection (2)(n) the Minister and the
Treasurer may approve terms and conditions in respect of a
page 8
Zoological Parks Authority Bill 1999
Functions and powers Part 3
s. 11
specific business arrangement or class of business arrangement
or in respect of business arrangements generally.
(4) In this section --
"business arrangement" means a company, a partnership, a
5 trust, a joint venture, an arrangement for sharing profits or
an arrangement for sponsorship;
"participate" includes form, promote, establish, enter into,
manage, dissolve, wind up, and do anything incidental to
the participating in a business arrangement.
10 11. Requirements for Ministerial approval
(1) The Authority must obtain the approval of the Minister before
exercising --
(a) the power conferred by section 10(2)(c) to acquire or
dispose of real property; or
15 (b) the power conferred by section 10(2)(e), if the proposed
lease or licence is to be granted for a term exceeding a
period of 5 years.
(2) For the purposes of subsection (1)(b), any additional term
obtainable at the option of the lessee or licensee is to be
20 included when calculating the length of the term of a proposed
lease or licence.
12. Authority to act in accordance with policy instruments
The Authority is to perform its functions in accordance with its
business plan and its annual operational plan as existing from
25 time to time.
13. Delegation
(1) The Authority may, by instrument in writing, delegate the
performance of any of its functions, except this power of
delegation.
page 9
Zoological Parks Authority Bill 1999
Part 3 Functions and powers
s. 14
(2) A delegation under subsection (1) may be made --
(a) to a member or members of the board;
(b) to a member or members of staff; or
(c) with the approval of the Minister, to a committee or any
5 other person.
(3) A function performed by a delegate is taken to be performed by
the Authority.
(4) A delegate performing a function under this section is taken to
do so in accordance with the terms of the delegation unless the
10 contrary is shown.
(5) Nothing in this section is to be read as limiting the ability of the
Authority to act through its staff and agents in the normal course
of business.
14. Minister may give directions
15 (1) The Minister may give written directions to the Board with
respect to the performance of its functions, either generally or in
relation to a particular matter, and the Board is to give effect to
any such direction.
(2) The Minister must cause the text of any direction under
20 subsection (1) to be laid before each House of Parliament, or
dealt with under subsection (3), within 14 days after the
direction is given.
(3) If --
(a) at the commencement of the period referred to in
25 subsection (2) a House of Parliament is not sitting; and
(b) the Minister is of the opinion that that House will not sit
during that period,
the Minister is to transmit a copy of the direction to the Clerk of
that House.
page 10
Zoological Parks Authority Bill 1999
Functions and powers Part 3
s. 15
(4) A copy of a direction transmitted to the Clerk of a House is to
be regarded --
(a) as having been laid before that House; and
(b) as being a document published by order or under the
5 authority of that House.
(5) The laying of a copy of a direction that is regarded as having
occurred under subsection (4)(a) is to be recorded in the
Minutes, or Votes and Proceedings, of the House on the first
sitting day of the House after the Clerk received the copy.
10 (6) The text of a direction under subsection (1) is to be included in
the annual report submitted by the accountable authority of the
Board under section 66 of the Financial Administration and
Audit Act 1985.
15. Minister to have access to information
15 (1) The Minister is entitled --
(a) to have information in the possession of the Authority;
and
(b) where the information is in or on a document, to have,
and make and retain copies of, that document.
20 (2) For the purposes of subsection (1) the Minister may --
(a) request the Authority to furnish information to the
Minister;
(b) request the Authority to give the Minister access to
information;
25 (c) for the purposes of paragraph (b) make use of the staff
of the Authority to obtain the information and furnish it
to the Authority.
page 11
Zoological Parks Authority Bill 1999
Part 3 Functions and powers
s. 15
(3) The Authority is to comply with a request under subsection (2)
and make its staff and facilities available to the Minister for the
purposes of paragraph (c) of that subsection.
(4) In this section --
5 "document" includes any tape, disc or other device or medium
on which information is recorded or stored mechanically,
photographically, electronically or otherwise;
"information" means information specified, or of a description
specified, by the Minister that relates to the functions of the
10 Authority.
page 12
Zoological Parks Authority Bill 1999
Policy instruments Part 4
Business plan Division 1
s. 16
Part 4 -- Policy instruments
Division 1 --Business plan
16. Draft business plan to be submitted to Minister
(1) The board is to in each year prepare, and submit to the Minister
5 for approval, a draft business plan for the Authority.
(2) Each business plan is to be submitted not later than 2 months
before the start of the next financial year.
(3) The first business plan for the Authority is to be in respect of the
next full financial year after the commencement of this Act.
10 (4) If a draft business plan has not been approved by the Minister
before the start of the financial year, the latest draft plan is to be
the business plan for the Authority until a draft business plan is
approved by the Minister.
(5) In subsection (4) --
15 "latest draft plan" means the draft business plan submitted, or
last submitted, by the board to the Minister before the start
of the financial year with any modifications made by the
board, whether before or after that time, at the direction of
the Minister.
20 (6) When the board and the Minister reach agreement on a draft
business plan, it becomes the business plan for the relevant
financial year or the remainder of the year, as the case may be.
(7) The Minister is not to approve a draft business plan except with
the Treasurer's concurrence.
25 17. Content of business plan
(1) A business plan must set out at a strategic level the
Authority's --
(a) medium to long term economic and financial objectives;
page 13
Zoological Parks Authority Bill 1999
Part 4 Policy instruments
Division1 Business plan
s. 18
(b) medium to long term community based and research
objectives; and
(c) operational targets,
and how those objectives and targets will be achieved.
5 (2) The matters that are to be considered by the board in the
preparation of a business plan include --
(a) commercial strategies, pricing of products, admissions
and services, financial requirements, capital expenditure
and personnel requirements; and
10 (b) initiatives to improve consumer outcomes.
(3) A business plan is to cover a forecast period of 5 years.
18. Minister's powers in relation to draft business plan
(1) The Minister may return a draft business plan to the board and
request it to consider or further consider any matter and deal
15 with it in the draft plan.
(2) The board is to comply with a request under subsection (1) as
soon as is practicable.
(3) If a draft business plan has not been approved by the Minister
by one month before the start of the next financial year, the
20 Minister may, by written notice, direct the board to make
specified modifications to the draft plan.
(4) The board is to comply with a direction under subsection (3) as
soon as is practicable.
19. Modifications of business plan
25 (1) A business plan may be modified by the board with the approval
of the Minister.
page 14
Zoological Parks Authority Bill 1999
Policy instruments Part 4
Annual operational plan Division 2
s. 20
(2) The Minister is not to approve any modification of a business
plan except with the Treasurer's concurrence.
Division 2 -- Annual operational plan
20. Draft annual operational plan to be submitted to Minister
5 (1) The board is to in each year prepare, and submit to the Minister
for approval, a draft annual operational plan for the Authority.
(2) Each annual operational plan is to be submitted not later than
2 months before the start of the next financial year.
(3) The first annual operational plan for the Authority is to be in
10 respect of the next full financial year after the commencement
of this Act.
(4) If a draft annual operational plan has not been approved by the
Minister before the start of the financial year, the latest draft
plan is to be the annual operational plan for the Authority until a
15 draft annual operational plan is approved by the Minister.
(5) In subsection (4) --
"latest draft plan" means the draft annual operational plan
submitted, or last submitted, by the board to the Minister
before the start of the financial year with any modifications
20 made by the board, whether before or after that time, at the
direction of the Minister.
(6) When the Minister approves a draft annual operational plan, it
becomes the annual operational plan for the relevant financial
year or the remainder of the year, as the case may be.
25 (7) The Minister is not to approve a draft annual operational plan
except with the Treasurer's concurrence.
page 15
Zoological Parks Authority Bill 1999
Part 4 Policy instruments
Division2 Annual operational plan
s. 21
(8) The Minister is to cause a copy of the annual operational plan to
be laid before each House of Parliament within 14 days after the
plan is approved by the Minister.
21. Content of annual operational plan
5 (1) An annual operational plan must be consistent with the business
plan.
(2) An annual operational plan is to specify --
(a) an outline of the Authority's objectives;
(b) business and service performance targets and other
10 measures by which to judge performance in relation to
objectives for the relevant financial year;
(c) allocation of resources;
(d) an outline of the nature and scope of the functions to be
performed during the relevant financial year; and
15 (e) an estimate of income and expenditure and source of
funding during the relevant financial year.
(3) An annual operational plan is to cover a financial year.
22. Minister's powers in relation to draft annual operational
plan
20 (1) The Minister may return a draft annual operational plan to the
board and request it to consider or further consider any matter
and deal with it in the draft plan.
(2) The board is to comply with a request under subsection (1) as
soon as is practicable.
25 (3) If a draft annual operational plan has not been approved by the
Minister by one month before the start of the next financial
year, the Minister may, by written notice, direct the board to
make specified modifications to the draft plan.
page 16
Zoological Parks Authority Bill 1999
Policy instruments Part 4
Annual operational plan Division 2
s. 23
(4) The board is to comply with a direction under subsection (3) as
soon as is practicable.
23. Modifications of annual operational plan
(1) An annual operational plan may be modified by the board with
5 the approval of the Minister.
(2) The Minister is not to approve any modification of an annual
operational plan except with the Treasurer's concurrence.
page 17
Zoological Parks Authority Bill 1999
Part 5 Staff
s. 24
Part 5 -- Staff
24. Chief Executive Officer
(1) There is to be a Chief Executive Officer of the Authority.
(2) Schedule 3 has effect with respect to the Chief Executive
5 Officer.
(3) Subject to the control of the board, the Chief Executive Officer
is responsible for, and has the powers needed to administer, the
day to day operations of the Authority.
25. Other staff
10 (1) The power to engage and manage the staff of the Authority is
vested in the board.
(2) The power conferred by subsection (1) --
(a) includes power to determine remuneration and other
terms and conditions of service of staff, to remove,
15 suspend and discipline staff and to terminate the
employment of staff; and
(b) does not preclude the delegation of any matter under
section 13.
(3) The remuneration of and other terms and conditions of
20 employment of staff are --
(a) not to be less favourable than is provided for in --
(i) an applicable industrial award, order or
agreement; or
(ii) the Minimum Conditions of Employment
25 Act 1993;
and
(b) to be determined after consultation with the Minister for
Public Sector Management.
page 18
Zoological Parks Authority Bill 1999
Staff Part 5
s. 26
(4) Nothing in this section affects the operation of the Workplace
Agreements Act 1993 or section 100 of the Public Sector
Management Act 1994.
26. Use of other government staff etc.
5 (1) The Authority may by arrangement with the relevant employer
make use, either full-time or part-time, of the services of any
officer or employee --
(a) in the Public Service;
(b) in a State agency or instrumentality; or
10 (c) otherwise in the service of the Crown in right of the
State.
(2) The Authority may by arrangement with --
(a) a department of the Public Service; or
(b) a State agency or instrumentality,
15 make use of any facilities of the department, agency or
instrumentality.
(3) An arrangement under subsection (1) or (2) is to be made on
such terms as are agreed to by the parties.
page 19
Zoological Parks Authority Bill 1999
Part 6 Park management officers
s. 27
Part 6 -- Park management officers
27. Park management officers
(1) The Authority may, by instrument in writing, designate a
member of staff or other person to be a park management
5 officer.
(2) The Authority may revoke a designation under subsection (1) at
any time.
(3) A police officer is ex officio a park management officer.
28. Identity cards
10 (1) The Authority is to issue to a park management officer an
identity card stating that he or she has been designated as a park
management officer.
(2) An identity card is to be in a form approved by the Authority.
(3) A park management officer must produce the identity card
15 whenever requested to do so by any person in respect of whom
the officer has exercised, or is about to exercise, a power under
section 29 or 43.
(4) Production of an identity card is evidence in any court of the
designation of the park management officer to whom the
20 identity card relates.
(5) A person who ceases to be a park management officer must, as
soon as practicable, return his or her identity card to the Chief
Executive Officer or other person authorized to receive it.
Penalty: $1 000.
25 (6) This section does not apply to a park management officer who is
a police officer.
page 20
Zoological Parks Authority Bill 1999
Park management officers Part 6
s. 29
29. Enforcement powers of park management officers
(1) This section applies to an offence against section 31 or the
regulations.
(2) A park management officer who finds a person committing an
5 offence to which this section applies or who on reasonable
grounds suspects that such an offence has been committed or is
about to be committed by a person may --
(a) require the person to give to the officer the person's
name and address;
10 (b) stop, detain and search any vehicle if a person in or on
the vehicle is, or is suspected by the officer on
reasonable grounds of being, the offender; and
(c) remove any vehicle, animal or other thing from a
zoological park.
15 (3) A person must, when required to do so under subsection (2)(a),
give the person's full and correct name and address.
(4) If a person does not under subsection (3) give the person's full
and correct name and address to a park management officer --
(a) the person obstructs the park management officer in the
20 performance of the officer's functions and section 31
applies accordingly; and
(b) the park management officer may detain the person until
the person can be delivered to a police officer to be dealt
with according to law.
25 (5) Before exercising a power conferred by subsection (2)(b) or (c)
a park management officer must take all reasonable steps to
inform the person, or the owner or person in charge of the
vehicle or animal, as the case requires, of --
(a) his or her intention to exercise the power; and
page 21
Zoological Parks Authority Bill 1999
Part 6 Park management officers
s. 30
(b) his or her reasons for believing that the proposed
exercise of the power is justified.
(6) Nothing in this section derogates from the powers of a park
management officer who is a police officer.
5 30. Requirement to leave zoological park
(1) A park management officer may require a person to leave a
zoological park if the park management officer --
(a) finds a person committing an offence; or
(b) believes on reasonable grounds that an emergency
10 situation exists in the zoological park.
(2) A person must not remain in a zoological park after being
required to leave the zoological park under subsection (1).
Penalty: $2 000.
(3) If a person contravenes subsection (2), a police officer may
15 remove, or make arrangements for the removal of, the person
from the zoological park and if necessary detain the person for
the purpose of effecting his or her removal.
(4) A park management officer who is not a police officer may
detain a person who has contravened subsection (2) until the
20 person can be delivered to a police officer for removal under
subsection (3).
(5) In this section --
"emergency situation" means a fire or other occurrence that
endangers, or is likely to endanger, public or animal safety.
25 31. Obstruction of park management officer
A person must not resist, delay or in any way obstruct a park
management officer in the performance of his or her functions.
Penalty: $5 000, or imprisonment for 6 months, or both.
page 22
Zoological Parks Authority Bill 1999
Financial provisions Part 7
s. 32
Part 7 -- Financial provisions
32. Funds of the Authority
(1) The funds available for the purpose of enabling the Authority to
perform its functions consist of --
5 (a) moneys from time to time appropriated by Parliament;
(b) moneys received by the Authority in the performance of
its functions;
(c) moneys received by the Authority by way of gift,
including a gift by will;
10 (d) moneys borrowed by the Authority under section 34 or
35; and
(e) other moneys lawfully received by, made available to or
payable to the Authority.
(2) Where any gift, including a gift by will, has been made to the
15 Authority upon lawful conditions that are accepted by the
Authority, it is to apply the gift in accordance with those
conditions.
33. Zoological Parks Authority Account
(1) The funds referred to in section 32 are to be credited to an
20 account called the "Zoological Parks Authority Account" --
(a) at the Treasury; or
(b) with the approval of the Treasurer, at a bank or other
financial institution,
and if paragraph (a) applies the Account is to form part of the
25 Trust Fund constituted under section 9 of the Financial
Administration and Audit Act 1985.
(2) The Account is to be charged with --
page 23
Zoological Parks Authority Bill 1999
Part 7 Financial provisions
s. 34
(a) the remuneration and allowances payable under
section 8;
(b) interest on and repayment of moneys borrowed by the
Authority under section 34 or 35; and
5 (c) all other expenditure lawfully incurred by the Authority
in the performance of its functions.
34. Borrowing from Treasurer
(1) The Authority may borrow from the Treasurer such amounts as
the Treasurer approves on such terms and conditions relating to
10 repayment and payment of interest as the Treasurer imposes.
(2) By virtue of this subsection the Account and the assets of the
Authority are charged with the due performance by the
Authority of its obligations in respect of a loan under
subsection (1).
15 35. Other borrowing
(1) In addition to its powers under section 34, 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.
20 (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.
36. Guarantee by Treasurer
25 (1) The Treasurer may, in the name and on behalf of the Crown in
right of the State, guarantee the payment of any moneys payable
by the Authority in respect of moneys borrowed by it under
section 35.
page 24
Zoological Parks Authority Bill 1999
Financial provisions Part 7
s. 37
(2) A guarantee is to be in such form and contain such terms and
conditions as the Treasurer determines.
(3) Before a guarantee is given, the Authority is to --
(a) give to the Treasurer such security as the Treasurer
5 requires; and
(b) execute all instruments that are necessary for the
purpose.
(4) The Treasurer may fix charges to be paid by the Authority to the
credit of the Consolidated Fund in respect of a guarantee given
10 under this section.
37. Effect of guarantee
(1) The due payment of moneys under a guarantee given under
section 36 is to be --
(a) made by the Treasurer; and
15 (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 from the Authority or
otherwise in respect of any payment made by the Treasurer
20 under a guarantee given under section 36.
38. Application of Financial Administration and Audit Act 1985
The provisions of the Financial Administration and Audit
Act 1985 regulating the financial administration, audit and
reporting of statutory authorities apply to and in respect of the
25 Authority and its operations.
page 25
Zoological Parks Authority Bill 1999
Part 8 General
s. 39
Part 8 -- General
39. Protection from liability
(1) An action in tort does not lie against a person other than the
Authority for anything that the person has done, in good faith, in
5 the performance or purported performance of a function under
this Act.
(2) The protection given by subsection (1) applies even though the
thing done as described in that subsection may have been
capable of being done whether or not this Act had been enacted.
10 (3) Despite subsection (1), neither the Authority nor the Crown is
relieved of any liability that it might have for another person
having done anything as described in that subsection.
(4) In this section, a reference to the doing of anything includes a
reference to the omission to do anything.
15 40. Execution of documents by the Authority
(1) The Authority is to have a common seal.
(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
20 (b) it is signed on behalf of the Authority by a 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 board.
(4) The common seal of the Authority is to be affixed to the
25 document in the presence of the chairperson, or deputy
chairperson, of the board and the Chief Executive Officer, and
each of them is to sign the document to attest that the common
seal was so affixed.
page 26
Zoological Parks Authority Bill 1999
General Part 8
s. 41
(5) The Authority may, by writing under its seal, authorize a
member or members of the board or a member or members of
staff to sign documents on behalf of the Authority, either
generally or subject to such conditions and restrictions as are
5 specified in the authorization.
(6) A document purporting to be executed in accordance 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
10 the common seal of the Authority, it is to be presumed that the
seal is the common seal of the Authority until the contrary is
shown.
41. Confidentiality
A person who is or has been a member of the board or of a
15 committee or a member of staff must not, directly or indirectly,
record, disclose or make use of any information obtained in the
course of duty except --
(a) for the purpose of performing functions under this Act;
(b) as required or allowed by this Act or under another
20 written law;
(c) with the written consent of the person to whom the
information relates; or
(d) in prescribed circumstances.
Penalty: $10 000 and imprisonment for 12 months.
25 42. Onus of proof in vehicle offences may be shifted
(1) In this section --
"vehicle offence" means an offence against the regulations of
which the use, driving, parking, standing or leaving of a
vehicle is an element.
page 27
Zoological Parks Authority Bill 1999
Part 8 General
s. 42
(2) Where a vehicle offence is alleged to have been committed and the
identity of the person committing the alleged offence is not known
and cannot immediately be ascertained a park management officer
may give the owner of the vehicle a notice under this section.
5 (3) The notice is to be in the prescribed form and is to contain
particulars of the alleged offence and require the owner to identify
the person who was the driver or person in charge of the vehicle at
the time when the offence is alleged to have been committed.
(4) The notice may be addressed to the owner of the vehicle without
10 naming, or stating the address of, the owner and may be given
by --
(a) attaching it to the vehicle or leaving it in or on the
vehicle at or about the time that the alleged offence is
believed to have been committed; or
15 (b) giving it to the owner within 21 days after the alleged
offence is believed to have been committed.
(5) The notice is to include a short statement of the effect of
subsection (6).
(6) Unless, within 28 days after being served with the notice, the
20 owner of the vehicle --
(a) informs the Authority or a member of staff authorized
for the purposes of this paragraph as to the identity and
address of the person who was the driver or person in
charge of the vehicle at the time the offence is alleged to
25 have been committed; or
(b) satisfies the Authority that the vehicle had been stolen or
unlawfully taken, or was being unlawfully used, at the
time the offence is alleged to have been committed,
the owner is, in the absence of proof to the contrary, deemed to
30 have committed the offence.
page 28
Zoological Parks Authority Bill 1999
General Part 8
s. 43
43. Infringement notices
(1) In this section --
"authorized person" means a person appointed under
subsection (10) to be an authorized person for the purposes
5 of the subsection in which the term is used.
(2) A park management officer who has reason to believe that a
person has committed a prescribed offence against this Act or
the regulations may give an infringement notice to the alleged
offender within 21 days after the alleged offence is believed to
10 have been committed.
(3) An infringement notice is to be in the prescribed form and is
to --
(a) contain a description of the alleged offence;
(b) advise that if the alleged offender does not wish to have
15 a complaint of the alleged offence heard and determined
by a court, the amount of money specified in the notice
as being the modified penalty for the offence may be
paid to an authorized person within a period of 28 days
after the giving of the notice; and
20 (c) inform the alleged offender as to who are authorized
persons for the purposes of receiving payment of
modified penalties.
(4) In an infringement notice the amount specified as being the
modified penalty for the offence referred to in the notice is to be
25 the amount that was the modified penalty prescribed by
regulation at the time the alleged offence is believed to have
been committed.
(5) An authorized person may, in a particular case, extend the
period of 28 days within which the modified penalty may be
page 29
Zoological Parks Authority Bill 1999
Part 8 General
s. 44
paid and the extension may be allowed whether or not the
period of 28 days has elapsed.
(6) Where the modified penalty specified in an infringement notice
has been paid within 28 days or such further time as is allowed
5 and the notice has not been withdrawn, the bringing of
proceedings and the imposition of penalties are prevented to the
same extent as they would be if the alleged offender had been
convicted by a court of, and punished for, the alleged offence.
(7) An authorized person may, whether or not the modified penalty
10 has been paid, withdraw an infringement notice by sending to
the alleged offender a notice in the prescribed form stating that
the infringement notice has been withdrawn.
(8) If an infringement notice is withdrawn after the modified
penalty has been paid, the amount of the modified penalty is to
15 be refunded.
(9) Payment of a modified penalty is not to be regarded as an
admission for the purposes of any proceedings, whether civil or
criminal.
(10) The Authority may, in writing, appoint persons or classes of
20 persons to be authorized persons for the purposes of
subsections (3), (5) or (7), but a park management officer who
gives an infringement notice is not eligible to be an authorized
person for the purposes of any of those subsections in relation to
that notice.
25 44. Notice placing onus on vehicle owner
(1) If an alleged offence is one for which a notice under section 42
can be given to the owner of a vehicle involved in the
commission of the offence, that notice can be included in the
same document as an infringement notice given to the owner for
30 the alleged offence.
page 30
Zoological Parks Authority Bill 1999
General Part 8
s. 45
(2) For the purpose of giving the vehicle owner an infringement
notice that is with a notice under section 42 --
(a) it is a sufficient ground for believing the owner to have
committed the alleged offence that the person is the
5 owner; and
(b) the infringement notice may be addressed and given as
specified in section 42(4).
(3) Where the modified penalty specified in an infringement notice
has been paid within 28 days or such further time as is allowed,
10 section 42(6) does not have effect to deem the owner to have
committed the offence.
(4) The statement required by section 42(5) is to include a
description of the effect of subsection (3) if an infringement
notice is given with a notice under section 42.
15 45. Regulations
(1) The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
20 (2) Without limiting subsection (1), regulations may be made --
(a) prescribing land vested in or held by the Authority for
the purposes of the definition of "zoological park" in
section 3;
(b) providing for the care, control and management of
25 zoological parks;
(c) providing for the times at which a zoological park or any
part of a zoological park is to be open, or closed, to the
public;
(d) controlling or prohibiting the doing or omitting to do a
30 thing or class of things in a zoological park;
page 31
Zoological Parks Authority Bill 1999
Part 8 General
s. 46
(e) regulating the duties and conduct of persons in a
zoological park;
(f) prohibiting, restricting or regulating the use, driving,
parking, standing or leaving of vehicles in any part of a
5 zoological park;
(g) without limiting section 10(2)(j), (k) and (l), providing
for the imposition and payment of fees and charges; and
(h) providing that contravention of a regulation constitutes
an offence and providing for a penalty not exceeding
10 $2 000 in respect of any such offence.
46. Repeal
(1) The Zoological Gardens Act 1972 is repealed.
(2) The Zoological Gardens By-laws 1975 are repealed.
(3) Schedule 4 has effect with respect to transitional and saving
15 provisions.
47. Consequential amendments
The Acts referred to in Schedule 5 are amended in the manner
specified in that Schedule.
48. Review of Act
20 (1) The Minister is to carry out a review of the operation and
effectiveness of this Act as soon as is practicable after the
expiry of 5 years from its commencement.
(2) In the course of that review the Minister is to consider and have
regard to --
25 (a) the effectiveness of the operations of the Authority;
(b) the need for the continuation of the functions of the
Authority; and
page 32
Zoological Parks Authority Bill 1999
General Part 8
s. 48
(c) any other matters that appear to the Minister to be
relevant to the operation and effectiveness of this Act.
(3) The Minister is to prepare a report based on the review and, as
soon as is practicable after the report is prepared, is to cause it
5 to be laid before each House of Parliament.
page 33
Zoological Parks Authority Bill 1999
Schedule 1 Perth Zoological Park
Schedule 1 -- Perth Zoological Park
[s. 3]
Class "A" Reserve No. 22503 comprising Perth Suburban Lots 108,
121, 122, 326-330 (inclusive). Area 17.3256 hectares.
5 Class "A" Reserve No. 8581 comprising Perth Suburban Lot 438.
Area 5 476 square metres.
Perth Suburban Lot 427 containing 1 012 square metres or thereabout
being the land comprised and described in Certificate of Title
Volume 249 Folium 165.
page 34
Zoological Parks Authority Bill 1999
Constitution and proceedings of board Schedule 2
Schedule 2 -- Constitution and proceedings of board
[s. 7]
Division 1 -- General provisions
1. Term of office
5 (1) Subject to clause 2 a member holds office for such term, not
exceeding 4 years, as is specified in the instrument of his or her
appointment, and is eligible for reappointment.
(2) Despite subclause (1), if the period of office of a member expires by
effluxion of time without a person having been appointed to fill the
10 vacancy, the member continues in office until --
(a) a person is appointed to fill the vacancy; or
(b) a period of 3 months elapses after the expiry of the period of
office,
whichever occurs first.
15 2. Resignation, removal etc.
(1) The office of a member becomes vacant if he or she --
(a) resigns the office by written notice addressed to the Minister;
(b) becomes bankrupt or applies to take the benefit of any law for
the relief of bankrupt or insolvent debtors, compounds with
20 his or her creditors or makes an assignment of his or her
remuneration for their benefit; or
(c) is removed from office by the Minister under subclause (2).
(2) The Minister may remove a member from office for --
(a) misbehaviour or incompetence;
25 (b) mental or physical incapacity, other than temporary illness,
impairing the performance of his or her functions; or
(c) absence without leave, from 3 consecutive meetings of the
board of which the member has had notice.
page 35
Zoological Parks Authority Bill 1999
Schedule 2 Constitution and proceedings of board
(3) In subclause (1)(a) --
"misbehaviour" includes conduct that renders the member unfit to
hold office notwithstanding that the conduct does not relate to
any function of the office.
5 3. Chairperson and deputy chairperson
(1) The Minister is to appoint a member to be chairperson of the board
and another to be deputy chairperson.
(2) Where the chairperson is unable to act because of sickness, absence or
other cause, the deputy chairperson is to act in the chairperson's
10 place.
(3) Where the deputy chairperson is acting in place of the chairperson,
clause 5 applies as if the deputy chairperson were absent from the
meeting.
4. Leave of absence
15 The board may grant leave of absence to a member on such terms and
conditions as it thinks fit.
5. Member unable to act
If a member, other than the chairperson, is unable to act by reason of
sickness, absence or other cause, the Minister may appoint another
20 person to act temporarily in his or her place and, while so acting
according to the tenor of his or her appointment, that other person is
to be taken to be a member of the board.
6. Saving
No act or omission of a person acting in place of another under
25 clause 3 or 5 is to be questioned on the ground that the occasion for
his or her appointment or acting had not arisen or had ceased.
7. Calling of meetings
(1) Subject to subclause (2), meetings are to be held at the times and
places that the board determines.
page 36
Zoological Parks Authority Bill 1999
Constitution and proceedings of board Schedule 2
(2) A special meeting of the board may at any time be convened by the
chairperson.
(3) The first meeting of the board is to be convened by the chairperson.
8. Presiding officer
5 (1) The chairperson is to preside at all meetings of the board at which he
or she is present.
(2) If both the chairperson and the deputy chairperson are absent from a
meeting the members present are to appoint one of their number to
preside.
10 9. Quorum
A quorum for a meeting of the board is at least 5 members.
10. Voting
Each question before the board is to be decided by a majority of its
members but, if there is an equality of votes, the chairperson has a
15 second or casting vote.
11. Minutes
The board is to cause accurate minutes to be kept of the proceedings
at its meetings.
12. Resolution without meeting
20 A resolution in writing signed by each member or assented to by each
member by letter or facsimile is as effectual as if it had been passed at
a meeting of the board.
13. Telephone or video meetings
A communication between a majority of the members by telephone,
25 audio-visual or other electronic means is a valid meeting of the board
if each participating member is capable of communicating with every
other participating member instantaneously at all times during the
proceedings.
page 37
Zoological Parks Authority Bill 1999
Schedule 2 Constitution and proceedings of board
14. Committees
(1) The board may appoint committees to assist it in the performance of
its functions, and may discharge or alter any committee so appointed.
(2) A committee may include persons who are not members of the board
5 but must include at least one person who is a member of the board or
a member of staff.
(3) Subject to the directions of the board and to the terms of any
delegation under section 13, a committee may determine its own
procedures.
10 15. Board to determine its own procedures
Subject to this Act, the board is to determine its own procedures.
Division 2 -- Disclosure of interests etc.
16. Disclosure of interests
(1) A member who has a material personal interest in a matter being
15 considered or about to be considered by the board must, as soon as
possible after the relevant facts have come to the member's
knowledge, disclose the nature of the interest at a meeting of the
board.
Penalty: $10 000.
20 (2) A disclosure under subclause (1) is to be recorded in the minutes of
the meeting.
17. Voting by interested members
A member who has a material personal interest in a matter that is
being considered by the board --
25 (a) must not vote whether at a meeting or otherwise --
(i) on the matter; or
page 38
Zoological Parks Authority Bill 1999
Constitution and proceedings of board Schedule 2
(ii) on a proposed resolution under clause 18 in respect of
the matter, whether relating to that member or a
different member;
and
5 (b) must not be present while --
(i) the matter; or
(ii) a proposed resolution of the kind referred to in
paragraph (a)(ii),
is being considered at a meeting.
10 18. Clause 17 may be declared inapplicable
Clause 17 does not apply if the board has at any time passed a
resolution that --
(a) specifies the member, the interest and the matter; and
(b) states that the members voting for the resolution are satisfied
15 that the interest should not disqualify the member from
considering or voting on the matter.
19. Quorum where clause 17 applies
(1) Despite clause 9, if a member of the board is disqualified under
clause 17 in relation to a matter, a quorum is present during the
20 consideration of the matter if at least 4 members are present who are
entitled to vote on any motion that may be moved at the meeting in
relation to the matter.
(2) The Minister may deal with a matter insofar as the board cannot deal
with it because of subclause (1).
25 20. Minister may declare clauses 17 and 19 inapplicable
(1) The Minister may by writing declare that clause 17 or 19 or both of
them do not apply in relation to a specified matter either generally or
in voting on particular resolutions.
(2) The Minister must within 14 days after a declaration under
30 subclause (1) is made cause a copy of the declaration to be laid before
each House of Parliament.
page 39
Zoological Parks Authority Bill 1999
Schedule 3 Tenure, salary, conditions of service etc. of Chief Executive
Officer
Schedule 3 -- Tenure, salary, conditions of
service etc. of Chief Executive Officer
[s.24(2)]
Division 1 -- General
5 1. Effect of Authority being SES organization
While the Authority is an SES organization under the Public Sector
Management Act 1994, the Chief Executive Officer is --
(a) its chief executive officer under that Act; or
(b) if section 44(2) of that Act applies, its chief employee under
10 that Act.
2. Effect of Authority becoming non-SES organization
If the Authority becomes a non-SES organization under the Public
Sector Management Act 1994, the Chief Executive Officer is to be its
chief employee under that Act.
15 3. Appointment of Chief Executive Officer
(1) If clause 1(a) applies, the Chief Executive Officer is to be appointed and
hold office under Part 3 of the Public Sector Management Act 1994.
(2) If clause 1(b) or 2 applies, the Chief Executive Officer is to be
appointed by the Governor and clauses 4 to 10 have effect with
20 respect to the tenure, salary and conditions of service of the Chief
Executive Officer and the other matters provided for in those clauses.
Division 2 -- Provisions applying to Chief Executive Officer under
clause 1(b) or 2
4. Meaning of "Chief Executive Officer"
25 In this Division --
"Chief Executive Officer" means a Chief Executive Officer to whom
clause 1(b) or 2 applies.
page 40
Zoological Parks Authority Bill 1999
Tenure, salary, conditions of service etc. of Chief Executive Schedule 3
Officer
5. Tenure of office
(1) Subject to this Act, the Chief Executive Officer holds office for a
term, not exceeding 5 years, fixed by the instrument of appointment,
and is eligible for reappointment once or more than once.
5 (2) The Chief Executive Officer may resign office by written notice
delivered to the Governor.
6. Salary and entitlements
Subject to the Salaries and Allowances Act 1975, the Chief Executive
Officer --
10 (a) is to be paid salary and allowances at such rates per annum as
the Minister determines on the recommendation of the
Minister for Public Sector Management; and
(b) has the same annual leave, sick leave and long service leave
entitlements as a permanent officer of the Public Service.
15 7. Superannuation
(1) If a person was a contributor within the meaning of the
Superannuation and Family Benefits Act 1938 immediately before
being appointed as Chief Executive Officer, the person may continue
to be a contributor under that Act after being appointed.
20 (2) For the purposes of subclause (1) the Authority --
(a) is a department within the meaning of the Superannuation
and Family Benefits Act 1938; and
(b) is to pay to the Board under that Act payments of the kind
described in paragraph (i) of the proviso to the definition of
25 "department" in section 6 of that Act.
8. Appointment of public service officer
(1) If a person occupied an office in the Public Service immediately
before being appointed to the office of Chief Executive Officer --
(a) the person retains existing and accruing entitlements in
30 respect of leave of absence as if service as Chief Executive
page 41
Zoological Parks Authority Bill 1999
Schedule 3 Tenure, salary, conditions of service etc. of Chief Executive
Officer
Officer were a continuation of service in the office in the
Public Service; and
(b) the person is entitled to be appointed to an office in the Public
Service, not lower in classification and salary than the office
5 which the person occupied if --
(i) the person ceases to hold office as Chief Executive
Officer on the completion of a periodical
appointment; and
(ii) at that time the person is eligible to occupy an office
10 in the Public Service.
(2) Where a person is appointed to an office in the Public Service under
subclause (1)(b) the person retains existing and accruing leave
entitlements as if service in the Public Service were a continuation of
service in the office of Chief Executive Officer.
15 9. Removal from office
(1) The Governor may remove the Chief Executive Officer from office --
(a) for --
(i) misbehaviour or incompetence; or
(ii) mental or physical incapacity, other than temporary
20 illness, impairing the performance of the Chief
Executive Officer's functions;
(b) if the Chief Executive Officer becomes a bankrupt or applies
to take the benefit of any law for the relief of bankrupt or
insolvent debtors, compounds with his or her creditors or
25 makes an assignment of salary for their benefit.
(2) In subclause (1)(a)(i) --
"misbehaviour" includes conduct that renders the Chief Executive
Officer unfit to hold office as Chief Executive Officer
notwithstanding that the conduct does not relate to any function
30 of the office.
page 42
Zoological Parks Authority Bill 1999
Tenure, salary, conditions of service etc. of Chief Executive Schedule 3
Officer
10. Other conditions of service
Subject to this Schedule, the Governor may, on the recommendation
of the Minister for Public Sector Management, determine other terms
and conditions of service (if any) that apply to the Chief Executive
5 Officer.
page 43
Zoological Parks Authority Bill 1999
Schedule 4 Transitional and saving provisions
Schedule 4 -- Transitional and saving provisions
[s. 46(3)]
1. Definitions
In this Schedule, unless the contrary intention appears --
5 "assets" means property of every kind whether tangible or intangible,
real or personal, corporeal or incorporeal and includes without
limitation --
(a) choses in action;
(b) goodwill; and
10 (c) rights, interests and claims of every kind in or to property,
whether arising from, accruing under, created or evidenced by or
the subject of, an instrument or otherwise and whether liquidated
or unliquidated, actual, contingent or prospective;
"Board" means the Zoological Gardens Board established under the
15 repealed Act as in force before commencement day;
"commencement day" means the day on which this Act comes into
operation;
"liability" means any liability, duty or obligation whether actual,
contingent or prospective, liquidated or unliquidated, or whether
20 owned alone or jointly or jointly and severally with any other
person;
"repealed Act" means the Zoological Gardens Act 1972;
"right" means any right, power, privilege or immunity whether
actual, contingent or prospective.
25 2. Interpretation Act to apply
This Schedule does not limit the operation of the Interpretation
Act 1984.
3. Board dissolved
The Board is dissolved.
page 44
Zoological Parks Authority Bill 1999
Transitional and saving provisions Schedule 4
4. Membership
(1) The person who was President of the Board immediately before
commencement day continues in office, under and subject to this Act,
as chairperson of the board for the term of his or her appointment.
5 (2) The person who was Vice President of the Board immediately before
commencement day continues in office, under and subject to this Act, as
deputy chairperson of the board for the term of his or her appointment.
(3) The persons who were members of the Board immediately before
commencement day continue in office, under and subject to this Act,
10 as members of the board for the term of their appointments.
(4) A person to whom subclause (1), (2) or (3) applies is to be regarded as
having been appointed under section 6.
5. Devolution of assets, liabilities etc.
On commencement day --
15 (a) the assets and rights of the Board that were immediately
before commencement day vested in the Board vest in the
Authority by force of this clause;
(b) the liabilities of the Board immediately before
commencement day become, by force of this clause, the
20 liabilities of the Authority;
(c) any proceedings or remedy that immediately before
commencement day might have been brought or continued by
or available against or to the Board, may be brought or
continued and are available, by or against or to the Authority;
25 (d) any act, matter or thing done or omitted to be done before the
commencement by, to or in respect of the Board (to the extent
that that act, matter or thing has any force or effect) is to be
taken to have been done or omitted by, to or in respect of the
Authority;
30 (e) anything lawfully commenced by the Board may, so far as it
is not contrary to this Act, be carried on and completed by the
Authority; and
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Zoological Parks Authority Bill 1999
Schedule 4 Transitional and saving provisions
(f) the Authority is to take delivery of all papers, documents,
minutes, books of account and other records (however compiled,
recorded or stored) relating to the operations of the Board.
6. Agreements and instruments
5 Any agreement or instrument subsisting immediately before
commencement day --
(a) to which the Board is a party; or
(b) which contains a reference to the Board,
has effect after commencement day as if --
10 (c) the Authority were substituted for the Board as a party to the
agreement or instrument; and
(d) any reference in the agreement or instrument to the Board
were (unless the context otherwise requires) amended to be or
include a reference to the Authority.
15 7. References to Board in written law
A reference to the Board in an enactment in force immediately before
commencement day may, where the context so requires, be read as if
it had been amended to be a reference to the Authority.
8. Chief executive officer
20 (1) The person who was chief executive officer of the Board immediately
before commencement day continues in office, under and subject to
this Act and the Public Sector Management Act 1994, as the Chief
Executive Officer of the Authority.
(2) Subject to the Public Sector Management Act 1994, the employment
25 of the Chief Executive Officer continues to be governed by the terms
and conditions of employment that applied before commencement day
to that person as chief executive officer of the Board.
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Zoological Parks Authority Bill 1999
Transitional and saving provisions Schedule 4
9. Staff
(1) A person in the employment of the Board immediately before
commencement day is to be taken after commencement day to be
engaged by the Authority under section 25.
5 (2) A person engaged under a contract for services by the Board
immediately before commencement day is to be taken to be engaged
under a contract for services by the Authority under section 100 of the
Public Sector Management Act 1994.
(3) Nothing in this clause prevents the exercise by the Authority after
10 commencement day of its powers in relation to the management of the
members of staff of the Authority.
(4) Except as otherwise agreed by a person referred to in subclause (1), the
remuneration, existing or accrued rights, rights under a superannuation
scheme and continuity of service of a member of staff are not affected,
15 prejudiced or interrupted by the operation of that subclause.
10. Annual report for part of a year
(1) The Board is to report as required by section 66 of the Financial
Administration and Audit Act 1985, but limited to the period from
1 July preceding commencement day to commencement day, and
20 Division 14 of Part II of that Act applies as if that period were a
financial year of the Board.
(2) Despite clause 3, the Board continues in existence for the purposes of
subclause (1) and is entitled to receive from the Authority and its staff
such assistance as it may require for that purpose.
25 11. Immunity to continue
Despite the repeal effected by section 46(1), where the Board had the
benefit of any immunity in respect of an act, matter or thing done or
omitted before commencement day, that immunity continues in that
respect for the benefit of the Authority.
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Zoological Parks Authority Bill 1999
Schedule 4 Transitional and saving provisions
12. Exemption from State tax
(1) In this clause --
"State tax" includes stamp duty chargeable under the Stamp Act 1921
and any other tax, duty fee, levy or charge under a law of the
5 State.
(2) State tax is not payable in relation to --
(a) anything that occurs by operation of this Schedule; or
(b) anything done (including a transaction entered into or an
instrument or document of any kind made, executed, lodged
10 or given) under this Schedule, or to give effect to this
Schedule, or for a purpose connected with or arising out of,
giving effect to this Schedule.
13. Registration of documents
The Registrar of Titles is to take notice of the provisions of this
15 Schedule and is empowered to record and register in the appropriate
manner the necessary documents, and otherwise to give effect to this
Schedule.
14. Saving
The operation of any provision of this Schedule is not to be
20 regarded --
(a) as a breach of contract or confidence or otherwise as a civil
wrong;
(b) as a breach of any contractual provision prohibiting,
restricting or regulating the assignment or transfer of assets,
25 rights or liabilities of the disclosure of information;
(c) as giving rise to any remedy by a party to an instrument or as
causing or permitting the termination of any instrument,
because of a change in the beneficial or legal ownership of
any asset, right or liability;
30 (d) as causing any contract or instrument to be void or otherwise
unenforceable; or
(e) as releasing or allowing the release of any surety.
page 48
Zoological Parks Authority Bill 1999
Consequential amendments to various Acts Schedule 5
Schedule 5 -- Consequential amendments to various Acts
[s.47]
1. Constitution Acts Amendment Act 1899 amended
Part 3 of Schedule V of the Constitution Acts Amendment Act 1899*
5 is amended by deleting the item relating to the Zoological Gardens
Board and inserting instead --
"
The Zoological Parks Authority established under the
Zoological Parks Authority Act 1999.
10 ".
[* Reprinted as at 15 April 1999.
For subsequent amendments see Acts Nos. 53 of 1998 and 5, 8, 26
and 34 of 1999.]
2. Financial Administration and Audit Act 1985 amended
15 Schedule 1 of the Financial Administration and Audit Act 1985* is
amended by deleting "Zoological Gardens Board" and inserting
instead --
" Zoological Parks Authority ".
[* Reprinted as at 9 July 1999.
20 For subsequent amendments see Acts Nos. 5, 8 and 26 of 1999.]
3. Government Employees Superannuation Act 1987 amended
Schedule 1 of the Government Employees Superannuation Act 1987*
is amended in Part B by deleting the item relating to the Zoological
Gardens Board and inserting instead --
25 " Zoological Parks Authority ".
[* Reprinted as at 22 January 1999.
For subsequent amendments see Acts Nos.53 of 1998 and 8 of
1999.]
page 49
Zoological Parks Authority Bill 1999
Schedule 5 Consequential amendments to various Acts
4. Prevention of Cruelty to Animals Act 1920 amended
Section 23 of the Prevention of Cruelty to Animals Act 1920* is
amended by deleting "Zoological Gardens of Western Australia" and
inserting instead --
5 " Zoological Parks Authority ".
[* Reprinted as approved 3 August 1981.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 200.]
5. Public Sector Management Act 1994 amended
10 Schedule 2 of the Public Sector Management Act 1994* is amended
by deleting item 66 and inserting instead --
"
66 Zoological Parks Authority, established under the
Zoological Parks Authority Act 1999.
15 ".
[* Reprinted as at 26 March 1999.
For subsequent amendments see Acts Nos. 53 of 1998 and 5 of
1999 and Gazettes 14 May 1999, 2 July 1999 and 24 September
1999.]
20 6. Sentencing Act 1995 amended
Schedule 1 of the Sentencing Act 1995* is amended by inserting in the
appropriate alphabetical position the following item --
"
Zoological Parks Authority
Act 1999 Zoological Parks Authority
".
25 [* Act No. 76 of 1995.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 228., and Acts Nos. 53 of 1998 and
3 of 1999.]
page 50
Zoological Parks Authority Bill 1999
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
Account ........................................................................................................... 3
assets ........................................................................................................ Sch 4
Authority.......................................................................................................... 3
authorized person .......................................................................................43(1)
board................................................................................................................ 3
Board........................................................................................................ Sch 4
business arrangement .................................................................................10(4)
Chief Executive Officer ......................................................................... 3, Sch 3
commencement day................................................................................... Sch 4
committee ........................................................................................................ 3
document ...................................................................................................15(4)
emergency situation....................................................................................30(5)
function............................................................................................................ 3
information ................................................................................................15(4)
latest draft plan................................................................................ 16(5), 20(5)
liability...................................................................................................... Sch 4
member............................................................................................................ 3
member of staff ................................................................................................ 3
misbehaviour............................................................................................. Sch 3
owner............................................................................................................... 3
park management officer .................................................................................. 3
participate ..................................................................................................10(4)
repealed Act .............................................................................................. Sch 4
right .......................................................................................................... Sch 4
State tax .................................................................................................... Sch 4
Treasurer.......................................................................................................... 3
vehicle ............................................................................................................. 3
vehicle offence ...........................................................................................42(1)
zoological park................................................................................................. 3
zoological specimen ......................................................................................... 3
page 51
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