Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Agriculture Protection Board
Act 1950 and includes the amendments made by the other written laws referred
to in the following table 1a. The table also contains
information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
76 of 1950 |
5 Jan 1951 |
1 Mar 1951 (see s. 2 and Gazette
23 Feb 1951 p. 412) |
|
|
Agriculture Protection Board Act Amendment
Act 1951 |
19 of 1951 |
27 Nov 1951 |
27 Nov 1951 |
|
Agriculture Protection Board Act Amendment
Act 1953 |
84 of 1953 |
18 Jan 1954 |
18 Jan 1954 |
|
Limitation Act 1935
s. 48A(1) |
35 of 1935 |
7 Jan 1936 |
Relevant amendments (see s. 48A and Second
Sch. 6) took effect on 1 Mar 1955 (see No. 73 of
1954 s. 2 and Gazette 18 Feb 1955
p. 343) |
|
Agriculture Protection Board Act Amendment
Act 1956 |
8 of 1956 |
11 Oct 1956 |
11 Oct 1956 |
|
Agriculture Protection Board Act Amendment
Act 1957 |
2 of 1957 |
19 Aug 1957 |
6 Jun 1958 (see s. 2 and Gazette
6 Jun 1958 p. 1168) |
|
Agriculture Protection Board Act Amendment
Act 1960 |
70 of 1960 |
5 Dec 1960 |
30 Mar 1961 (see s. 2 and Gazette
30 Mar 1961 p. 836) |
|
Reprint of the Agriculture Protection Board
Act 1950 approved 7 Aug 1961 (includes amendments listed
above) |
|||
|
Agriculture Protection Board Act Amendment
Act 1964 |
17 of 1964 |
8 Oct 1964 |
8 Oct 1964 |
|
113 of 1965 |
21 Dec 1965 |
Act other than s. 4-9: 21 Dec 1965 (see
s. 2(1)); |
|
|
Reprint of the Agriculture Protection Board
Act 1950 approved 23 Jul 1970 (includes amendments listed
above) |
|||
|
Agriculture Protection Board Act Amendment
Act 1970 |
97 of 1970 |
8 Dec 1970 |
8 Dec 1970 |
|
Agriculture Protection Board Act Amendment
Act 1976 |
25 of 1976 |
9 Jun 1976 |
1 Jul 1976 (see s. 2 and Gazette
18 Jun 1976 p. 2048) |
|
Reprint of the Agriculture Protection Board
Act 1950 approved 31 Aug 1976 (includes amendments listed
above) |
|||
|
Acts Amendment (Financial Administration and Audit)
Act 1958 s. 3 |
98 of 1985 |
4 Dec 1985 |
1 Jul 1986 (see s. 2 and Gazette
30 Jun 1986 p. 2255) |
|
Agriculture Protection Board Amendment
Act 1986 |
95 of 1986 |
10 Dec 1986 |
1 May 1987 (see s. 2 and Gazette
16 Apr 1987 p. 1364) |
|
Acts Amendment (Public Service) Act 1987
s. 32 |
113 of 1987 |
31 Dec 1987 |
16 Mar 1988 (see s. 2 and Gazette
16 Mar 1988 p. 813) |
|
Agricultural Legislation (Penalties) Amendment
Act 1989 s. 3 |
20 of 1989 |
1 Dec 1989 |
15 Dec 1989 (see s. 2 and Gazette
15 Dec 1989 p. 4513) |
|
Acts Amendment (Public Sector Management)
Act 1994 s. 19 |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette
30 Sep 1994 p. 4948) |
|
Industrial Legislation Amendment Act 1995
s. 35 |
1 of 1995 |
9 May 1995 |
1 Jan 1996 (see s. 2(2) and
Gazette 24 Nov 1995 p. 5389) |
|
Agricultural Legislation Amendment Act 1995
Pt. 2 |
29 of 1995 |
18 Sep 1995 |
9 Dec 1995 (see s. 2 and Gazette
8 Dec 1995 p. 5936) |
|
Local Government (Consequential Amendments)
Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Financial Legislation Amendment Act 1996
s. 64 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996
(see s. 2(1)) |
|
Agricultural Legislation Amendment and Repeal
Act 1998 Pt. 3 |
9 of 1998 |
30 Apr 1998 |
4 Jul 1998 (see s. 2 and Gazette
3 Jul 1998 p. 3581) |
|
Reprint of the Agriculture Protection Board
Act 1950 as at 3 Sep 1999 (includes amendments listed
above) |
|
Public Transport Authority Act 2003
s. 140 7 |
31 of 2003 |
26 May 2003 |
1 Jul 2003 (see s. 2(1) and Gazette
27 Jun 2003 p. 2384) |
|
Statutes (Repeals and Minor Amendments) Act 2003
s. 27 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Workers’ Compensation Reform Act 2004
s. 175 |
42 of 2004 |
9 Nov 2004 |
4 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7131) |
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
Reprint 5: The Agriculture Protection Board
Act 1950 as at 22 Sep 2006 (includes amendments listed
above) |
|||
|
Financial Legislation Amendment and Repeal Act 2006
s. 17 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2 and Gazette
19 Jan 2007 p. 137) |
1a On the date as at which this
compilation was prepared, provisions referred to in the following table had not
come into operation and were therefore not included in this compilation. For
the text of the provisions see the endnotes referred to in the table.
Provisions that have not come
into operation
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
State Superannuation (Transitional and Consequential
Provisions) Act 2000 s. 28 8 |
43 of 2000 |
2 Nov 2000 |
To be proclaimed (see s. 2(2)) |
|
Biosecurity and Agriculture Management (Repeal and
Consequential Provisions) Act 2007 s. 34 and
40-48 9 |
24 of 2007 |
12 Oct 2007 |
To be proclaimed (s. 2(2)) |
2 Under the Public Sector Management Act 1994
s. 112(2), a reference to the Public Service Board is, unless the contrary
intention appears or it is otherwise provided under the Acts Amendment
(Public Sector Management) Act 1994, to be construed as if it had been
amended to be a reference to the Minister for Public Sector Management (as
defined in the Interpretation Act 1984). This reference was amended
under the Reprints Act 1984 s. 7(5)(a).
3 Repealed by the Public Service Appeal Board Act Repeal
Act 1977.
4 The Superannuation and Family Benefits Act 1938
was repealed by the State Superannuation Act 2000 s. 39, but
its provisions continue to apply to and in relation to certain schemes because
of the State Superannuation (Transitional and Consequential Provisions)
Act 2000 s. 26.
5 Under the Public Sector Management Act 1994
s. 112(1), a reference to the Public Service Act 1978 is to be
read as a reference to the Public Sector Management Act 1994. The
reference was changed under the Reprints Act 1984
s. 7(3)(g).
6 Section 48A and the Second Schedule were inserted by the
Limitation Act Amendment Act 1954 s. 8.
7 The Public Transport Authority Act 2003 s. 93
reads as follows:
“
93. Certain contributions by former
body suffice
An obligation imposed by the Agriculture Protection Board
Act 1950 section 11 on the Public Transport Authority of Western
Australia to contribute in respect of a year is satisfied to the extent that The
Western Australian Government Railways Commission had, before section 140
commenced, already made a contribution in respect of that year under that
section.
”.
8 On the date on which this compilation was prepared, the
State Superannuation (Transitional and Consequential Provisions)
Act 2000 s. 28 had not come into operation. It reads as
follows:
“
28. Agriculture Protection Board Act 1950
amended
Section 8A of the Agriculture Protection Board Act 1950
is amended as follows:
(a) by deleting “1994,” and inserting
instead —
“ 1994 or ”;
(b) by deleting “or the Superannuation and Family Benefits
Act 1938”.
”.
9 On the date as at which this compilation was prepared, the
Biosecurity and Agriculture Management (Repeal and
Consequential Provisions) Act 2007 s. 34 and 40-48 had not
come into operation. They read as follows:
“
The Agriculture Protection Board Act 1950 is
repealed.
40. Meaning
of terms used in this Subdivision
In this Subdivision —
Authority means the Western Australian Agriculture Authority
established under the Biosecurity and Agriculture Management Act
2007;
commencement day means the day on which section 34
comes into operation;
Director General means the chief executive officer of the
department principally assisting in the administration of the Biosecurity and
Agriculture Management Act 2007;
former account means The Agriculture Protection Board Fund
referred to in the repealed Act section 9;
repealed Act means the Agriculture Protection Board
Act 1950.
41. Funds
in, or payable to, former account
(1) On the commencement day any moneys standing to the credit of the
former account are to be credited to the Consolidated Account and the former
account is then to be closed.
(2) The Consolidated Account is to be credited with any money that became
payable to the former account before the commencement day and that is paid after
that day.
42. Devolution
of assets and liabilities
On and after the commencement day —
(a) the assets and rights of the APB that were immediately before that day
vested in the APB vest in the Authority by force of this section; and
(b) the liabilities of the APB (including a share of a liability)
immediately before that day become, by force of this section, the liabilities of
the Authority; and
(c) any proceeding or remedy that immediately before that day might have
been brought or continued by or available against or to the APB, may be brought
or continued and are available, by or against or to the Authority; and
(d) all records and data of the APB pass to the Authority.
43. Proceeds
of sale of certain assets
(1) If any assets vested in the Authority under section 42 that were
purchased from moneys in the Declared Plants and Animals Control Fund referred
to in the Agriculture and Related Resources Protection Act 1976
section 65 are sold, the proceeds from that sale must be credited to the
Declared Pest Account established under the BAM Act.
(2) If any assets vested in the Authority under section 42 that were
purchased from moneys in the Skeleton Weed Eradication Fund established by the
Plant Pests and Diseases (Eradication Funds) Act 1974 section 5
are sold, the proceeds from that sale must be credited to the prescribed account
referred to in section 2(5)(a).
(3) The Authority may certify in writing that a specified asset was, or
was not, purchased from moneys in a former account, and such a certificate is
conclusive evidence of that fact, unless the contrary is shown.
44. Exemption
from State taxation
(1) In this section —
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 State.
(2) State tax is not payable in relation to anything that occurs by reason
of this Subdivision.
45. Agreements
and instruments generally
Any agreement or instrument subsisting immediately before the
commencement day —
(a) to which the APB was a party; or
(b) which contains a reference to the APB,
has effect on and after the commencement day as if —
(c) the Authority were substituted for the APB as a party to the agreement
or instrument; and
(d) any reference in the agreement or instrument to the APB were (unless
the context otherwise requires) amended to be or include a reference to the
Authority.
Despite the repeal of the Agriculture Protection Board
Act 1950, where the APB had the benefit of any immunity in respect of
an act, matter or thing done or omitted before the commencement day, that
immunity continues in that respect for the benefit of the State.
The Registrar of Titles is to take notice of the provisions of this
Division and is empowered to record and register in the appropriate manner the
necessary documents, and otherwise to give effect to this Division.
The operation of any provision of this Division is not to be
regarded —
(a) as a breach of contract or confidence or otherwise as a civil wrong;
or
(b) as a breach of any contractual provision prohibiting, restricting or
regulating the assignment or transfer of assets, rights or liabilities or the
disclosure of information; or
(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 assets, right or liability; or
(d) as causing any contract or instrument to be void or otherwise
unenforceable; or
(e) as releasing or allowing the release of any surety.
”.