machinery of government (miscellaneous amendments) bill ......part 3 — attorney general, and...

page i

Western Australia

Machinery of Government (MiscellaneousAmendments) Bill 2003

CONTENTS

Part 1 — Preliminary1. Short title 22. Commencement 23. Interpretation 24. Regulations — power to amend certain statutory rules 25. Regulations — general 3

Part 2 — Agriculture, Forestry andFisheries

Division 1 — Agricultural Produce CommissionAct 1988

6. The Act amended 47. Section 7 amended 4

Division 2 — Agriculture and Related ResourcesProtection Act 1976

8. The Act amended 49. Section 65 amended 410. Section 94 amended 5

Division 3 — Cattle Industry CompensationAct 1965


Division 4 — Fisheries Adjustment SchemesAct 1987


254—2

Machinery of Government (Miscellaneous Amendments) Bill 2003

Contents

page ii

16. Various references to Executive Director changed toCEO 6

Division 5 — Fishing and Related IndustriesCompensation (Marine Reserves) Act 1997


Division 6 — Fish Resources Management Act 199419. The Act amended 720. Section 4 amended 721. Section 10 repealed 722. Section 238 amended 723. Sections 239, 241 and 242 amended 724. Various references to Executive Director changed to

CEO 8

Division 7 — Forest Products Act 200025. The Act amended 926. Section 3 amended 1027. Section 6 amended 1028. Section 10 amended 1029. Section 42 amended 1130. Section 57 amended 1131. Section 59 amended 1132. Various references to Executive Director changed to

CALM Act CEO 11

Division 8 — Marketing of Potatoes Act 194633. The Act amended 1234. Section 22B amended 12

Division 9 — Pearling Act 199035. The Act amended 1236. Section 3 amended 1337. Section 35 amended 1338. Section 62A inserted 1439. Various references to Executive Director changed to

CEO 14

Division 10 — Plant Pests and Diseases(Eradication Funds) Act 1974

40. The Act amended 1541. Sections 5 and 8A amended 15


Contents

page iii

Division 11 — Soil and Land Conservation Act 194542. The Act amended 1543. Section 4 amended 1644. Section 25C amended 16

Division 12 — Transitional provisions45. References to the Executive Director 16

Part 3 — Attorney General, and JusticeDivision 1 — Bail Act 1982

46. The Act amended 1747. Section 3 amended 1748. Section 66A amended 1849. Various references to CEO (Justice) changed to CEO 18

Division 2 — Children’s Court of Western AustraliaAct 1988

50. The Act amended 1851. Section 3 amended 1952. Section 28 amended 1953. Section 33 replaced 1954. Section 36 amended 2055. Section 40 amended 2056. Section 42 amended 2057. Section 43 amended 21

Division 3 — Commercial Tribunal Act 198458. The Act amended 2159. Section 3 amended 2160. Section 15 amended 21

Division 4 — Evidence Act 190661. The Act amended 2262. Section 61 amended 2263. Section 106A amended 2264. The Fifth Schedule amended 23

Division 5 — Family Court Act 199765. The Act amended 2366. Section 5 amended 2367. Section 36 amended 24


Contents

page iv

Division 6 — Guardianship and AdministrationAct 1990


Division 7 — Juries Act 195770. The Act amended 2471. Second Schedule amended 25

Division 8 — Legal Representation of InfantsAct 1977


Division 9 — Professional Standards Act 199774. The Act amended 2675. Section 16 amended 26

Division 10 — Small Claims Tribunals Act 197476. The Act amended 2677. Section 4 amended 2778. Section 14 amended 2779. Section 33 amended 27

Division 11 — Spent Convictions Act 198880. The Act amended 2781. Schedule 3 amended 28

Division 12 — Statutory Corporations (Liability ofDirectors) Act 1996

82. The Act amended 2883. Schedule 1 amended 28

Division 13 — Suitors’ Fund Act 196484. The Act amended 2885. Section 4 amended 29

Part 4 — Community Development,Women’s Interests, Seniors andYouth, and Disability Services

Division 1 — Adoption Act 199486. The Act amended 3087. Section 4 amended 30


Contents

page v

Division 2 — Child Welfare Act 194788. The Act amended 3089. Section 4 amended 3190. Section 6 amended 3191. Section 9A amended 3192. Various references to Director-General changed to

CEO 31

Division 3 — Community Services Act 197293. The Act amended 3394. Long title 3395. Section 3 amended 3396. Section 4 repealed 3497. Section 5 amended 3498. Section 6 replaced 3499. Section 6A amended 36100. Section 7 repealed 36101. Section 8 amended 37102. Section 10 amended 37103. Section 11 repealed 37104. Section 20 amended 37105. Section 22 amended 37106. Sections 23 and 24 amended 37107. Various references to Director-General changed to

CEO 38

Division 4 — Disability Services Act 1993108. The Act amended 38109. Section 15 amended 38110. Section 30 amended 39111. Section 52 amended 39

Division 5 — Welfare and Assistance Act 1961112. The Act amended 39113. Section 4 amended 40114. Section 30 amended 40115. Various references to Director-General changed to

CEO 40

Division 6 — Transitional provisions116. The incorporated Minister 41117. Director-General of Community Services 41118. The Department 41


Contents

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119. Interpretation 41

Part 5 — Consumer and EmploymentProtection

Division 1 — Associations Incorporation Act 1987120. The Act amended 42121. Section 3 amended 42122. Sections 39A to 39E inserted 43

Division 2 — Builders’ Registration Act 1939123. The Act amended 45124. Section 4A amended 45125. Section 37 amended 46

Division 3 — Business Names Act 1962126. The Act amended 46127. Section 4 amended 46128. Section 4AA inserted 47129. Sections 31A to 31D inserted 47

Division 4 — Chattel Securities Act 1987130. The Act amended 49131. Section 3 amended 50132. Section 3A inserted 50133. Heading to Part IV inserted 51134. Sections 30A to 30D inserted 51

Division 5 — Companies (Co-operative) Act 1943135. The Act amended 53136. Section 3 amended 54137. Division 1A inserted 54138. Section 391 repealed and consequential amendments 56

Division 6 — Competition Policy Reform (WesternAustralia) Act 1996

139. The Act amended 57140. Section 45 amended 57141. Division 5 inserted 57

Division 7 — Consumer Affairs Act 1971142. The Act amended 60143. Long title amended 60144. Section 4 amended 60145. Section 5 amended 60


Contents

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146. Heading to Part III replaced 60147. Sections 15 to 17 replaced 61148. Section 23 replaced 64149. Section 24 replaced 65150. Section 25 amended 66

Division 8 — Co-operative and Provident SocietiesAct 1903

151. The Act amended 66152. Section 2 amended 67153. Sections 67 to 71 inserted 67

Division 9 — Credit Act 1984154. The Act amended 70155. Section 5 amended 70

Division 10 — Credit (Administration) Act 1984156. The Act amended 70157. Section 4 amended 71158. Section 10 amended 71159. Section 53 replaced 71160. Section 54 amended 73161. Section 56 amended 73162. Section 56A inserted 75

Division 11 — Employers’ IndemnitySupplementation Fund Act 1980


Division 12 — Employment Agents Act 1976165. The Act amended 76166. Section 4 amended 76167. Section 9A inserted 76168. Section 48 replaced 77169. Section 49A inserted 78

Division 13 — Fair Trading Act 1987170. The Act amended 79171. Section 5 amended 79172. Section 73 amended 79173. Section 75 amended 79

Division 14 — Hire-Purchase Act 1959174. The Act amended 80


Contents

page viii

175. Section 2 amended 80176. Section 18 amended 80177. Section 23W replaced 81178. Section 36C replaced 83

Division 15 — Limited Partnerships Act 1909179. The Act amended 83180. Section 15 replaced 83

Division 16 — Motor Vehicle Dealers Act 1973181. The Act amended 84182. Section 5 amended 84183. Section 5AA inserted 85184. Section 6 amended 85

Division 17 — Motor Vehicle Repairers Act 2003185. The Act amended 86186. Section 3 amended 86187. Section 7 replaced 87

Division 18 — Petroleum Products Pricing Act 1983188. The Act amended 87189. Section 3 amended 88190. Section 5 replaced 88191. Section 7 amended 89192. Section 23 amended 89193. Section 24 amended 90194. Section 26 amended 90195. Section 27A amended 90196. Section 27B amended 90197. Section 28 amended 91198. Section 29 amended 91199. Section 31 amended 91200. Section 31H amended 91201. Sections 32A to 32C inserted 92202. Section 33 amended 93

Division 19 — Petroleum Retailers Rights andLiabilities Act 1982


Division 20 — Real Estate and Business AgentsAct 1978

205. The Act amended 94


Contents

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206. Sections 131H and 131K amended 95

Division 21 — Residential Tenancies Act 1987207. The Act amended 95208. Section 3 amended 95209. Section 7A inserted 96210. Section 8 amended 96211. Sections 11A and 11B inserted 97212. Schedule 1 amended 98

Division 22 — Retirement Villages Act 1992213. The Act amended 98214. Section 3 amended 98215. Section 7A inserted 99216. Section 8 amended 99217. Sections 11A and 11B inserted 100218. Sections 46, 57 and 58 amended 101219. Section 78 repealed 101

Division 23 — Travel Agents Act 1985220. The Act amended 101221. Section 3 amended 101222. Section 42 amended 102223. Section 43 amended 102224. Section 47 amended 102225. Section 49A inserted 103226. Section 50 amended 103227. Section 50A inserted 103228. Section 52 amended 104

Division 24 — Transitional provisions229. Commissioner for Fair Trading 105230. Commissioner for Corporate Affairs and Registrar of

Co-operative and Financial Institutions 107231. Consumer Affairs Act 1971 107232. Petroleum Products Pricing Act 1983 108233. Interpretation 108

Part 6 — EnergyDivision 1 — Electricity Act 1945



Contents

page x

Division 2 — Energy Coordination Act 1994237. The Act amended 110238. Section 3 amended 111239. Part 1A inserted 112240. Section 4A amended 115241. Heading to Part 2 amended 116242. Sections 4 and 6 repealed 116243. Section 8 amended 116244. Section 9 amended 116245. Section 10 amended 116246. Section 11 amended 116247. Section 11X amended 117248. Section 11ZK amended 117249. Heading to Part 2A Division 10 amended 117250. Section 11ZO amended 117251. Section 12 amended 117252. Section 13 amended 118253. Section 19 amended 118254. Heading to Part 4 replaced and heading to Division 1

inserted 118255. Heading to Division 2 inserted 118256. Heading to Schedule 2 amended 119257. Various references to Coordinator in Schedule 3

changed to Minister 119

Part 7 — EnvironmentDivision 1 — Conservation and Land Management

Act 1984258. The Act amended 120259. Section 3 amended 120260. Section 15 amended 121261. Section 16A amended 121262. Section 17 amended 121263. Section 17A amended 121264. Section 22 amended 121265. Section 23 amended 122266. Section 26D amended 122267. Headings to Part IV and Division 1 replaced 122268. Section 32 repealed 122269. Section 33 amended 123


Contents

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270. Section 34 repealed 123271. Section 34A amended 123272. Section 34B amended 124273. Part IV Division 2 replaced 124274. Section 42 repealed 126275. Section 49 amended 126276. Section 50 amended 126277. Section 64 amended 127278. Section 65 amended 127279. Section 71 amended 127280. Section 72 amended 127281. Section 75 amended 127282. Section 133 amended 127283. Section 142 amended 128284. Various references to Department changed to CEO 128285. Various references to Executive Director changed to

CEO 128

Division 2 — Environmental Protection Act 1986286. The Act amended 130287. Section 110H amended 130

Division 3 — Litter Act 1979288. The Act amended 130289. Section 9 amended 130290. Sections 15 and 16 amended 131291. Section 26 amended 131292. Third Schedule amended 131

Division 4 — Sandalwood Act 1929293. The Act amended 132294. Section 3 amended 132

Division 5 — Wildlife Conservation Act 1950295. The Act amended 133296. Section 6 amended 133297. Various references to Executive Director changed to

CEO 133

Division 6 — Zoological Parks Authority Act 2001298. The Act amended 134299. Section 33 amended 134

Division 7 — Transitional provisions300. Conservation and Land Management Act 1984 134


Contents

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Part 8 — HealthDivision 1 — Dental Prosthetists Act 1985

301. The Act amended 137302. Section 3 amended 137303. Section 5 amended 137304. Various references to Commissioner changed to CEO 137

Division 2 — Health Act 1911305. The Act amended 138306. Section 3 amended 138307. Heading to Part II Division 1 amended 139308. Various references to Commissioner changed to CEO 139

Division 3 — Health Legislation AdministrationAct 1984

309. The Act amended 140310. Section 3 amended 140311. Section 6 amended 140312. Section 9 amended 140

Division 4 — Health Services (Conciliation andReview) Act 1995


Division 5 — Hospital Fund Act 1930317. The Act amended 142318. Section 3 amended 142

Division 6 — Hospitals and Health ServicesAct 1927

319. The Act amended 142320. Section 2 amended 143321. Various references to Commissioner changed to CEO 143

Division 7 — Human Reproductive TechnologyAct 1991

322. The Act amended 144323. Section 3 amended 144324. Section 13 amended 145325. Various references to Commissioner of Health

changed to CEO 145


Contents

page xiii

Division 8 — Medical Act 1894326. The Act amended 147327. Section 4 amended 147

Division 9 — Mental Health Act 1996328. The Act amended 147329. Section 3 amended 148330. Various references to Commissioner changed to CEO 148

Division 10 — Nurses Act 1992331. The Act amended 148332. Section 4 amended 149333. Section 9 amended 149

Division 11 — Poisons Act 1964334. The Act amended 149335. Section 5 amended 150336. Section 55E amended 150337. Various references to Commissioner of Health

changed to CEO 150

Division 12 — Tobacco Control Act 1990338. The Act amended 151339. Section 4 amended 151340. Section 17 amended 152341. Section 19 amended 152342. Section 26 amended 152343. Section 29 amended 152

Division 13 — Transitional provisions344. Commissioner of Health 153

Part 9 — Housing and WorksDivision 1 — Country Housing Act 1998

345. The Act amended 154346. Long title amended 154347. Section 3 amended 154348. Heading to Part 2 amended 154349. Part 2 Division 1 repealed 154350. Section 10 repealed 154351. Section 11 amended 155352. Section 12 repealed 155353. Part 2 Division 3 repealed 155354. Section 15 amended 155


Contents

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355. Section 22 repealed 155356. Schedule 1 repealed 155

Division 2 — Government Employees' HousingAct 1964

357. The Act amended 155358. Long title amended 155359. Section 4 amended 156360. Section 5 amended 156361. Section 6 repealed 156362. Part II repealed 156363. Section 18 amended 156364. Section 19 amended 157365. Section 21 repealed 157366. Section 23 amended 157367. Section 24 amended 157368. Section 25 repealed 157

Division 3 — Housing Act 1980369. The Act amended 157370. Long title amended 158371. Section 5 amended 158372. Heading to Part II amended 159373. Heading to Part II Division 1 replaced 159374. Section 6 amended 159375. Section 7 amended 160376. Sections 8 to 10 replaced 160377. Heading to Part II Division 2 amended 161378. Section 11 amended 161379. Sections 11A and 11B inserted 161380. Section 12 amended 163381. Section 12A amended 163382. Section 13 amended 164383. Section 16 amended 164384. Heading to Part II Division 3 amended 164385. Section 17 amended 164386. Section 18A inserted 165387. Section 22 amended 166388. Heading to Part IV amended 166389. Section 50 amended 166390. Section 62 amended 167391. Section 69 replaced 167


Contents

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392. References to Commission changed to Authority 167

Division 4 — Public Works Act 1902393. The Act amended 168394. Section 2 amended 168395. Section 9E amended 168

Division 5 — State Supply Commission Act 1991396. The Act amended 169397. Section 30 amended 169

Division 6 — Transitional matters398. Financial reporting 169399. References to former bodies 170400. Government Employees’ Housing Act 1964 170401. Housing Act 1980 171402. Interpretation 172

Part 10 — Indigenous AffairsDivision 1 — Aboriginal Affairs Planning Authority

Act 1972403. The Act amended 173404. Long title amended 173405. Section 4 amended 173406. Section 10 repealed 173407. Section 16 repealed 173408. Section 17 amended 174409. Section 19 amended 174410. Section 35 amended 174411. Section 43 amended 175412. Section 48 amended 175413. Various references to Commissioner changed to CEO 175

Division 2 — Transitional provisions414. Aboriginal Affairs Planning Authority Act 1972 176

Part 11 — Local Government andRegional Development, andHeritage

Division 1 — Animal Welfare Act 2002415. The Act amended 177416. Section 5 amended 177


Contents

page xvi

417. Section 90 amended 177418. Various references to Director General changed to

CEO 177

Division 2 — Control of Vehicles (Off-road Areas)Act 1978

419. The Act amended 178420. Section 3 amended 178421. Section 21 amended 178422. Section 22 repealed 178423. Section 38 amended 178

Division 3 — Heritage of Western AustraliaAct 1990


Division 4 — Local Government Act 1995426. The Act amended 179427. Section 1.4 amended 180428. Section 9.58 amended 180429. Section 9.67 amended 180430. Various references to Executive Director changed to

Departmental CEO 180

Division 5 — Local Government Grants Act 1978431. The Act amended 181432. Section 3 amended 181433. Section 5 amended 181434. Section 6 amended 181

Division 6 — Regional Development CommissionsAct 1993


Part 12 — Planning and Infrastructure,and Land Information

Division 1 — Land Administration Act 1997438. The Act amended 183439. Section 3 amended 183440. Section 8 amended 183


Contents

page xvii

441. Section 30 amended 183442. Section 202 amended 184443. Section 259 amended 184

Division 2 — Land Valuation Tribunals Act 1978444. The Act amended 185445. Section 6 amended 185

Division 3 — Main Roads Act 1930446. The Act amended 185447. Section 31 amended 185

Division 4 — Metropolitan Region Town PlanningScheme Act 1959


Division 5 — Valuation of Land Act 1978450. The Act amended 186451. Section 4 amended 187

Division 6 — Western Australian Coastal ShippingCommission Act 1965


Division 7 — Western Australian Marine (SeaDumping) Act 1981


Division 8 — Western Australian PlanningCommission Act 1985


Part 13 — Police and EmergencyServices

Division 1 — Bush Fires Act 1954459. The Act amended 189460. Section 7 amended 189461. Section 28 amended 189462. Section 34 amended 189463. Section 37 amended 190


Contents

page xviii

464. Section 58 amended 190465. Section 66 amended 190

Division 2 — Misuse of Drugs Act 1981466. The Act amended 191467. Section 38D amended 191

Part 14 — Premier, and Public SectorManagement

Division 1 — Constitution Acts AmendmentAct 1899

468. The Act amended 192469. Schedule V amended 192

Division 2 — Public Sector Management Act 1994470. The Act amended 192471. Schedule 2 amended 192

Part 15 — Racing and GamingDivision 1 — Gaming Commission Act 1987

472. The Act amended 193473. Section 9 amended 193474. Section 110A amended 193

Division 2 — Racing and Wagering WesternAustralia Act 2003


Division 3 — Racing Penalties (Appeals) Act 1990477. The Act amended 194478. Section 24 amended 194

Part 16 — Sport and RecreationDivision 1 — Boxing Control Act 1987


Division 2 — Western Australian Sports CentreTrust Act 1986



Contents

page xix

Part 17 — Treasurer, and GovernmentEnterprises

Division 1 — Anzac Day Act 1960483. The Act amended 196484. Section 10 amended 196

Division 2 — Economic Regulation Authority Act2003


Division 3 — Financial Administration and AuditAct 1985

487. The Act amended 197488. Schedule 1 amended 197

Division 4 — Gold Corporation Act 1987489. The Act amended 198490. Section 3 amended 198491. Heading to Part II amended 198492. Section 9 amended 198493. Sections 9A, 9B and 9C inserted 199494. Section 16 amended 201495. Section 21 amended 201496. Section 40 amended 202497. Section 51 amended 202498. Schedule 1 amended 202

Division 5 — Insurance Commission of WesternAustralia Act 1986

499. The Act amended 203500. Division 3A inserted 203

Division 6 — Lotteries Commission Act 1990501. The Act amended 206502. Sections 8A, 8B and 8C inserted 206503. Section 22 amended 208

Division 7 — Parliamentary SuperannuationAct 1970



Contents

page xx

Division 8 — Rates and Charges (Rebates andDeferments) Act 1992


Division 9 — Stamp Act 1921510. The Act amended 210511. Section 79 amended 210

Division 10 — State Superannuation Act 2000512. The Act amended 210513. Sections 33A, 33B and 33C inserted 211

Division 11 — Water Corporation Act 1995514. The Act amended 213515. Section 73 amended 213

Division 12 — Western Australian TreasuryCorporation Act 1986

516. The Act amended 214517. Section 3 amended 214518. Section 5B amended 214519. Section 8A amended 214520. Section 9B inserted 215521. Section 10 amended 215522. Section 16HA inserted 215523. Section 16PA inserted 216524. Section 17A amended 216525. Section 18 amended 216526. Section 21A amended 216527. Section 21B amended 217528. Schedule 2 amended 217529. Various references to Treasurer changed to Minister 217

Division 13 — Transitional provisions530. Western Australian Treasury Corporation Act 1986

and Gold Corporation Act 1987 218

Part 18 — Various references toPermanent Head amended

531. Various references to Permanent Head changed tochief executive officer 220


Contents

page xxi

Part 19 — General transitionalprovisions

532. References to Department by a former name 221533. References to chief executive officer by a former

name 221

Western Australia

LEGISLATIVE ASSEMBLY

(As amended during consideration in detail)

Machinery of Government (MiscellaneousAmendments) Bill 2003

A Bill for

An Act to amend various Acts to facilitate the efficient and flexibleorganisation of the public sector, to amend various other Actsconsequentially, and for related purposes.

The Parliament of Western Australia enacts as follows:

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 1 Preliminary

s. 1

page 2

Part 1 — Preliminary

1. Short title

This Act may be cited as the Machinery of Government(Miscellaneous Amendments) Act 2003.

2. Commencement5

(1) Subject to this section, this Act comes into operation on a dayfixed by proclamation.

(2) Different days may be fixed under subsection (1) for differentprovisions.

(3) If this Act receives the Royal Assent on or before the day on10

which section 93 of the Energy Legislation AmendmentAct 2003 comes into operation, section 240 comes intooperation immediately after that section comes into operation.

(4) If this Act receives the Royal Assent after the day on whichsection 93 of the Energy Legislation Amendment Act 200315

comes into operation, section 240 comes into operationimmediately after section 239 comes into operation.

3. Interpretation

In this Part —

“commencement” means the time at which this Act, or the20

relevant provision of this Act, comes into operation;

“statutory rule” means a regulation, rule, local law or by-law.

4. Regulations — power to amend certain statutory rules

(1) The Governor, on the recommendation of the Minister, maymake regulations amending a statutory rule made under an Act.25

(2) The Minister may make a recommendation under subsection (1)only if the Minister considers that each amendment proposed tobe made by the regulations is consequential on the enactment ofthis Act.

Machinery of Government (Miscellaneous Amendments) Bill 2003Preliminary Part 1

s. 5

page 3

(3) Nothing in this section prevents a statutory rule from beingamended in accordance with the Act under which it is made.

5. Regulations — general

The Governor may make regulations dealing with matters of atransitional nature (including matters of an application or5

savings nature) relating to the transition from the application ofan Act amended by this Act as in force immediately beforecommencement to the application of that Act as in forceimmediately after commencement.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 2 Agriculture, Forestry and FisheriesDivision 1 Agricultural Produce Commission Act 1988s. 6

page 4

Part 2 — Agriculture, Forestry and Fisheries

Division 1 — Agricultural Produce Commission Act 1988

6. The Act amended

The amendments in this Division are to the AgriculturalProduce Commission Act 1988*.5

[* Reprinted as at 5 April 2002.]

7. Section 7 amended

Section 7(2) is amended by deleting “at the Treasury forming”and inserting instead —

“ as ”.10

Division 2 — Agriculture and Related Resources ProtectionAct 1976

8. The Act amended

The amendments in this Division are to the Agriculture andRelated Resources Protection Act 1976*.15

[* Reprinted as at 15 October 1999.For subsequent amendments see Act No. 45 of 2002.]


Section 65(1) is amended as follows:

(a) by inserting after “61” —20

“and any other money lawfully received by, madeavailable to or payable to the Protection Board

”;

(b) by deleting “to be kept in the Treasury”.25

Machinery of Government (Miscellaneous Amendments) Bill 2003Agriculture, Forestry and Fisheries Part 2

Cattle Industry Compensation Act 1965 Division 3s. 10

page 5


Section 94(1)(b)(iv) is deleted and the following subparagraphis inserted instead —

“(iv) the CEO as defined in section 3 of the5

Conservation and Land ManagementAct 1984, that any person is registeredas the holder of a permit, licence orlease under Part VIII of that Act,

”.10

Division 3 — Cattle Industry Compensation Act 1965

11. The Act amended

The amendments in this Division are to the Cattle IndustryCompensation Act 1965*.

[* Reprinted as at 20 August 1999.15

For subsequent amendments see Act No. 45 of 2002.]


Section 21(1) is amended by deleting “and kept at the Treasury,forming” and inserting instead —

“ , as ”.20

Division 4 — Fisheries Adjustment Schemes Act 1987

13. The Act amended

The amendments in this Division are to the FisheriesAdjustment Schemes Act 1987*.

[* Reprinted as at 3 May 2002.]25


Section 5(1) is amended by deleting “and kept at the Treasury”.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 2 Agriculture, Forestry and FisheriesDivision 5 Fishing and Related Industries Compensation (Marine

Reserves) Act 1997s. 15

page 6


Section 10 is amended by deleting “Fisheries”.

16. Various references to Executive Director changed to CEO

Each provision listed in the Table to this section is amended bydeleting “Executive Director” in each place where it occurs and5

inserting instead —

“ CEO ”.

Table

s. 8(3a) s. 14C(a)

s. 10C(7) s. 15(1) and (2)

Division 5 — Fishing and Related Industries Compensation(Marine Reserves) Act 199710

17. The Act amended

The amendments in this Division are to the Fishing and RelatedIndustries Compensation (Marine Reserves) Act 1997*.

[* Act No. 39 of 1997.]

18. Section 5 amended15

(1) Section 5(5), (6), (7), (8) and (9) are amended by deleting“Executive Director” and inserting instead —

“ CEO ”.

(2) Section 5(5) and (6) are amended by deleting “ExecutiveDirector’s” and inserting instead —20

“ CEO’s ”.


Fish Resources Management Act 1994 Division 6s. 19

page 7

Division 6 — Fish Resources Management Act 1994

19. The Act amended

The amendments in this Division are to the Fish ResourcesManagement Act 1994*.

[* Reprinted as at 28 April 2000.5

For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 147-8,and Acts Nos. 54 of 2003 and 33 of 2002 .]


Section 4(1) is amended as follows:10

(a) by inserting the following definition in the appropriatealphabetical position —

““CEO” means the chief executive officer of the

Department;15

”;

(b) by deleting the definition of “Executive Director”.

21. Section 10 repealed

Section 10 is repealed.


Section 238(2) is amended by deleting “to be kept at theTreasury”.

23. Sections 239, 241 and 242 amended

Sections 239(1), 241(1) and 242(1) are amended by deleting“and kept at the Treasury”.25

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 2 Agriculture, Forestry and FisheriesDivision 6 Fish Resources Management Act 1994s. 24

page 8


(1) Each provision listed in the Table to this subsection is amendedby deleting “Executive Director” in each place where it occursand inserting instead —

“ CEO ”.5

Table

s. 7(1), (3), (4)(a) and (b), (5) s. 141(1)

and (6) s. 142(1), (2), (3), (4), (5) and

s. 13(1) and (2) (6)

s. 29(2)(a) s. 143(1) and (2)

s. 33(2)(a) s. 144(1), (2) and (3)

s. 37(2)(a) s. 145(1)

s. 58(2)(c), (h), (j) and (k) s. 147(1)

s. 61(1)(c) s. 148(1)

s. 62(s) s. 149(3) and (4)

s. 66(1) s. 150(b)

s. 68 s. 151(1), (2), (3) and (4)

s. 69(1)(b), (2) and (3) s. 152(3)

s. 71(2) s. 153(4)

s. 72(2) s. 177(1), (2) and (4)

s. 76(4)(a) and (b) s. 179(1), (3), (6) and (7)

s. 79(1) s. 196(1) and (2)

s. 80(1) s. 197(3) and (4)

s. 81(1)(b), (2) and (3) s. 201(1) and (4)

s. 83(1), (2) and (3) s. 217(1), (2) and (3)

s. 85 s. 219(1)

s. 87(1), (2)(b), (3) and (4) s. 224(1) and (2)

s. 92(1) and (3) s. 227(1)

s. 94(1) s. 238(4)(d)

s. 95(1)(b), (2) and (3) s. 244(1)(b)

s. 107(1) s. 246(1), (4), (5)(b) and (c)

s. 111 s. 249(1) and (2)


Forest Products Act 2000 Division 7s. 25

page 9

s. 123(c) s. 257(2)(b), (c) and (e)

s. 130(b) and (d) s. 258(k) and (y)

s. 135(1), (2), (3) and (4) s. 262

s. 138(1) Sch. 1 cl. 2

s. 139(1) Sch. 1 cl. 3(1) and (2)

s. 140(1), (2), (3), (4) and (5)

(2) Each provision listed in the Table to this subsection is amendedby deleting “Executive Director’s” in each place where it occursand inserting instead —

“ CEO’s ”.

Table5

s. 140(2)(a) s. 224(1)(b)

s. 177(3) s. 246(5)(a)

s. 179(5)

Note: The headings to sections 13, 147, 148, 151 and 262 will be altered bydeleting “Executive Director” and inserting instead “CEO”.

Division 7 — Forest Products Act 2000

25. The Act amended

The amendments in this Division are to the Forest Products10

Act 2000*.

[* Act No. 34 of 2000.For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 149, andGazette 15 August 2003 p. 3685-92.]15

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 2 Agriculture, Forestry and FisheriesDivision 7 Forest Products Act 2000s. 26

page 10


Section 3 is amended as follows:

(a) by inserting the following definitions in the appropriatealphabetical positions —

“5

“CALM Act CEO” has the meaning given to “CEO”by section 3 of the CALM Act;

“CALM Act Department” has the meaning given to“Department” by section 3 of the CALM Act;

”;10

(b) in the definition of “departmental land” in paragraph (c)by deleting “Executive Director” and insertinginstead —

“ CALM Act CEO ”;

(c) by deleting the definitions of “Department” and15

“Executive Director”.


Section 6(3)(c) is amended by deleting “Department” andinserting instead —

“ CALM Act Department ”.20



(a) in paragraph (l) by deleting “Department” and insertinginstead —

“ CALM Act CEO ”;25

(b) in paragraph (l) by deleting “the Department’s” andinserting instead —

“ that CEO’s ”;


Forest Products Act 2000 Division 7s. 29

page 11

(c) in paragraph (m) by deleting “Department” and insertinginstead —

“ CALM Act CEO ”.


Section 42(2)(d) is amended by deleting “Department” and5




Section 57(2)(a)(ii) and (c) are amended by deleting“Department’s” and inserting instead —10

“ CALM Act CEO’s ”.


Section 59(1)(b) and (c) are amended by deleting “Department”and inserting instead —

“ CALM Act CEO ”.15

32. Various references to Executive Director changed to CALMAct CEO

Each provision listed in the Table to this section is amended bydeleting “Executive Director” in each place where it occurs andinserting instead —20


Table

s. 6(3)(c) s. 57(2)(a) and (b)

s. 10(1)(e), (k) and (o) s. 59(1)(d) and (2)

and (3)(e)

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 2 Agriculture, Forestry and FisheriesDivision 8 Marketing of Potatoes Act 1946s. 33

page 12

Division 8 — Marketing of Potatoes Act 1946

33. The Act amended

The amendments in this Division are to the Marketing ofPotatoes Act 1946*.

[* Reprinted as at 7 January 2000.5

For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 236, andGazette 15 August 2003 p. 3685-92.]

34. Section 22B amended

(1) Section 22B(5) is amended by deleting “Commissioner for10

Health” and inserting instead —

“ CEO (Health) ”.

(2) After section 22B(9) the following subsection is inserted —

“(10) In this section —15

“CEO (Health)” has the meaning given to “CEO” bysection 3 of the Health Legislation AdministrationAct 1984.

”.

Division 9 — Pearling Act 199020

35. The Act amended

The amendments in this Division are to the Pearling Act 1990*.

[* Reprinted as at 3 November 2000.For subsequent amendments see Act No. 54 of 2000.]


Pearling Act 1990 Division 9s. 36

page 13




“5

“CEO” means the chief executive officer of theDepartment;

“Department” has the meaning given by section 4(1)of the Fish Resources Management Act 1994;

”;10

(b) by deleting the definitions of “Executive Director” and“the Department”;

(c) in the definition of “Fisheries Research andDevelopment Fund” by deleting “established undersection 35L of the Fisheries Act 1905” and inserting15

instead —

“in existence under section 238 of the FishResources Management Act 1994

”.20


Section 35(2) is amended by deleting “an inspector of fisheriesappointed under section 5(1c) of the Fisheries Act 1905” andinserting instead —

“25

a fisheries officer as defined in section 4(1) of the FishResources Management Act 1994

”.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 2 Agriculture, Forestry and FisheriesDivision 9 Pearling Act 1990s. 38

page 14

38. Section 62A inserted

After section 62 the following section is inserted —

“62A. Delegation by CEO

(1) The CEO may delegate to an employee of the5

Department any power or duty of the CEO underanother provision of this Act.

(2) The delegation must be in writing signed by the CEO.

(3) A person to whom a power or duty is delegated underthis section cannot delegate that power or duty.10

(4) A person exercising or performing a power or duty thathas been delegated to the person under this section is tobe taken to do so in accordance with the terms of thedelegation unless the contrary is shown.

(5) Nothing in this section limits the ability of the CEO to15

perform a function through an officer or agent. ”.


Each provision listed in the Table to this section is amended bydeleting “Executive Director” in each place where it occurs and20


“ CEO ”.

Table

s. 8(5) s. 32(3), (4), (5)(a) and (b), (6)

s. 12(1), (2) and (3) and (7)

s. 16 s. 33(1), (2) and (10)(b)

s. 17(1) s. 34

s. 22(1), (2) and (3) s. 35(1) and (3)

s. 23(1), (2), (5), (6), (7) and s. 37(3) and (4)

(8) s. 38(2)


Plant Pests and Diseases (Eradication Funds) Act 1974 Division 10s. 40

page 15

s. 24(1) and (3) s. 52(1)

s. 26(1) and (2)(a)(ii) s. 53(3)

s. 27(2), (4), (5) and (6) s. 55(1), (2), (4), (5) and (6)

s. 28(1) and (2) s. 61

s. 30(2) and (3) Sch. 3 cl. 4(1)

s. 31(1)(c) Sch. 3 cl. 5

Note: The heading to section 12 will be altered by deleting “ExecutiveDirector” and inserting instead “CEO”.

Division 10 — Plant Pests and Diseases (Eradication Funds)Act 1974

40. The Act amended5

The amendments in this Division are to the Plant Pests andDiseases (Eradication Funds) Act 1974*.

[* Reprinted as at 30 July 1999.For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 299 and10

Act No. 57 of 2003.]

41. Sections 5 and 8A amended

Sections 5(1) and 8A(1) are amended by deleting “and kept atthe Treasury, forming” and inserting instead —

“ , as ”.15

Division 11 — Soil and Land Conservation Act 1945

42. The Act amended

The amendments in this Division are to the Soil and LandConservation Act 1945*.

[* Reprint 6 as at 3 October 2003.]20

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 2 Agriculture, Forestry and FisheriesDivision 12 Transitional provisionss. 43

page 16


Section 4 is amended in the definition of “Public Authority” inparagraph (f) by deleting “Executive Director within themeaning” and inserting instead —

“ CEO as defined in section 3 ”.5

44. Section 25C amended

Section 25C(1) is amended by deleting “at the Treasury,forming” and inserting instead —

“ , as ”.

Division 12 — Transitional provisions10

45. References to the Executive Director

(1) After commencement, a reference in a written law that is, or isto be taken to be, to the Executive Director (as defined in theFish Resources Management Act 1994 as in force beforecommencement) is to have effect as if it had been amended to15

be a reference to the CEO (as defined in the Fish ResourcesManagement Act 1994 as in force after commencement).

(2) Subsection (1) does not apply if a contrary intention appears orthe context otherwise requires.

(3) In this section —20

“commencement” means the time at which section 20 comesinto operation.

Machinery of Government (Miscellaneous Amendments) Bill 2003Attorney General, and Justice Part 3

Bail Act 1982 Division 1s. 46

page 17

Part 3 — Attorney General, and Justice

Division 1 — Bail Act 1982

46. The Act amended

The amendments in this Division are to the Bail Act 1982*.

[* Reprinted as at 27 August 1999.5

For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 28, andAct No. 50 of 2003.]


(1) Section 3(1) is amended as follows:10



Department;15

“Department” means the department of the PublicService principally assisting in the administrationof this Act;

”;

(b) in the definition of “authorized community services20

officer” in paragraph (a) by deleting “(Justice)” in bothplaces where it occurs;

(c) by deleting the definition of “CEO (Justice)”.

(2) Section 3(5) is amended by deleting “department of which he isthe chief executive officer” and inserting instead —25

“ Department ”.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 3 Attorney General, and JusticeDivision 2 Children’s Court of Western Australia Act 1988s. 48

page 18

48. Section 66A amended

Section 66A(2) is amended by deleting “department of whichthe CEO (Justice) is the chief executive officer” and insertinginstead —

“ Department ”.5

49. Various references to CEO (Justice) changed to CEO

Each provision listed in the Table to this section is amended bydeleting “CEO (Justice)” in each place where it occurs andinserting instead —

“ CEO ”.10

Table

s. 3(5) s. 50E

s. 24A(4) s. 50F(1), (3), (4) and (5)

s. 27A s. 50H

s. 50A s. 50J

s. 50C(4)(a) and (b) s. 50L(1)

s. 50D(1)(a) Sch. 1 Part D cl. 3(3)(e)

Note: The headings to sections 27A, 50A, 50E, 50F and 50J will be alteredby deleting “(Justice)”.

Division 2 — Children’s Court of Western Australia Act 1988


The amendments in this Division are to the Children’s Court ofWestern Australia Act 1988*.

[* Reprinted as at 25 August 2000.For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 54.]20


Children’s Court of Western Australia Act 1988 Division 2s. 51

page 19




“5


“Department” means the department of the PublicService principally assisting in the administrationof this Act;10

”;

(b) by deleting the definition of “CEO (Justice)”.


Section 28(2)(a) is deleted and the following paragraph isinserted instead —15

“(a) the CEO or the CEO as defined in section 3 of

the Community Services Act 1972; ”.

53. Section 33 replaced20

Section 33 is repealed and the following section is insertedinstead —

“33. CEOs or officers may take part in proceedings

(1) An officer listed in subsection (2) may be present at the25

hearing in the Court of any complaint against, orapplication or other proceeding concerning, a childand, if present, is entitled to examine andcross-examine witnesses and to be heard concerningthe remand, punishment or disposal of the child.30

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 3 Attorney General, and JusticeDivision 2 Children’s Court of Western Australia Act 1988s. 54

page 20

(2) For the purposes of subsection (1), the officers are —

(a) the CEO;

(b) an officer of the Department who is authorisedby the CEO referred to in paragraph (a);

(c) the CEO as defined in section 3 of the5

Community Services Act 1972;

(d) an officer of the Department, as defined insection 3 of the Community Services Act 1972,who is authorised by the CEO referred to inparagraph (c).10

”.


Section 36(1)(c) is amended by deleting “departmentestablished under section 4” and inserting instead —

“ Department as defined in section 3 ”.15


Section 40(2)(b) is amended by deleting “CEO (Justice)” andinserting instead —

“ CEO ”.


(1) Section 42(1)(aa) is deleted and the following paragraph isinserted instead —

“(aa) the CEO as defined in section 3 of the

Community Services Act 1972;25

”.

Machinery of Government (Miscellaneous Amendments) Bill 2003Attorney General, and Justice Part 3Commercial Tribunal Act 1984 Division 3

s. 57

page 21

(2) Section 42(2) is amended by deleting “department establishedunder section 4 of the Community Services Act 1972 (if theDirector-General is not the applicant)” and inserting instead —

“Department as defined in section 3 of the Community5

Services Act 1972 (if the chief executive officer of thatDepartment is not the applicant)

”.


Section 43(4)(aa) is deleted and the following paragraph is10

inserted instead —

“(aa) the CEO as defined in section 3 of the

Community Services Act 1972; ”.15

Division 3 — Commercial Tribunal Act 1984

58. The Act amended

The amendments in this Division are to the CommercialTribunal Act 1984*.

[* Reprinted as at 10 May 2002.]20


Section 3 is amended by deleting the definition of“Commissioner”.


Section 15(4) is amended by inserting after “Commissioner” —25

“(as defined in section 4(1) of the Consumer AffairsAct 1971)

”.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 3 Attorney General, and JusticeDivision 4 Evidence Act 1906s. 61

page 22

Division 4 — Evidence Act 1906

61. The Act amended

The amendments in this Division are to the Evidence Act 1906*.

[* Reprint 12 as at 10 October 2003.]



(a) by deleting “Head of any department of theGovernment” and inserting instead —

“chief executive officer of any department of the Public10

Service ”;

(b) by deleting “or board” in the first place where it occursand inserting instead —

“ , listed ”;15

(c) by deleting “board” in the second place where it occursand inserting instead —

“ body ”.


Section 106A is amended in the definition of “defendant” in20

paragraph (a)(i) by deleting “the department established undersection 4” and inserting instead —

“ the Department as defined in section 3 ”.


Family Court Act 1997 Division 5s. 64

page 23

64. The Fifth Schedule amended

The Fifth Schedule is amended by deleting all the items fromand including the item relating to the Lands and SurveysDepartment and inserting instead —

“5

Any department of thePublic Service

The chief executive officer ofthat department

Any body, whetherincorporated or not, that isestablished for a publicpurpose by a written law

The chief executive officer,the chief employee, thechairman or the secretary(whichever is relevant) of thebody

The Police Force The Commissioner of Police”.

Division 5 — Family Court Act 1997

65. The Act amended

The amendments in this Division are to the Family CourtAct 1997*.10

[* Reprint 4 as at 15 August 2003.]



(a) by deleting the definition of “Director-General” andinserting instead —15

““Director-General” has the meaning given to “CEO”

by section 3 of the Community Services Act 1972;”;

(b) by deleting the definition of “Department”.20

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 3 Attorney General, and JusticeDivision 6 Guardianship and Administration Act 1990s. 67

page 24


Section 36(7)(b) is amended by inserting after “Department” —

“ as defined in section 3 of the Community Services Act 1972 ”.

Division 6 — Guardianship and Administration Act 1990


The amendments in this Division are to the Guardianship andAdministration Act 1990*.

[* Reprinted as at 22 November 2002.]


Section 64(3)(c) is amended as follows:10

(a) by deleting “Director-General of the departmentestablished under section 4” and inserting instead —

“ CEO as defined in section 3 ”;

(b) by deleting “Director-General” in the second placewhere it occurs and inserting instead —15

“ CEO ”.

Division 7 — Juries Act 1957

70. The Act amended

The amendments in this Division are to the Juries Act 1957*.

[* Reprinted as at 3 July 2000.20

For subsequent amendments see Acts Nos. 25 and 50 of2003.]


Legal Representation of Infants Act 1977 Division 8s. 71

page 25

71. Second Schedule amended

(1) The Second Schedule Part I item 2(i) is deleted and thefollowing item is inserted instead —

“(i) Officer or employee of the department of the Public5

Service principally assisting in the administration ofthis Act, other than an officer in the Public TrustOffice;

”.

(2) The Second Schedule Part I item 2(k) is deleted and the10

following item is inserted instead —

“(k) Officer or employee of the Department as defined in

section 3 of the Community Services Act 1972; ”.15

(3) The Second Schedule Part I item 2(l) is deleted and thefollowing item is inserted instead —

“(l) Officer or employee of the department of the Public

Service principally assisting in the administration of20the Police Act 1892;

”.

Division 8 — Legal Representation of Infants Act 1977

72. The Act amended

The amendments in this Division are to the Legal25

Representation of Infants Act 1977*.

[* Reprint 1 as at 16 May 2003.]

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 3 Attorney General, and JusticeDivision 9 Professional Standards Act 1997s. 73

page 26



(a) by deleting “Director-General of the departmentestablished under section 4” and inserting instead —

“ CEO as defined in section 3 ”;5

(b) by deleting “Director-General” in the second placewhere it occurs and inserting instead —

“ CEO ”.

Division 9 — Professional Standards Act 1997


The amendments in this Division are to the ProfessionalStandards Act 1997*.

[* Act No. 22 of 1997.]



(a) by deleting “at either”;

(b) in paragraph (a) by deleting “the Treasury and”;

(c) in paragraph (b) by inserting before “a bank” —

“ at ”.

Division 10 — Small Claims Tribunals Act 197420

76. The Act amended

The amendments in this Division are to the Small ClaimsTribunals Act 1974*.

[* Reprinted as at 2 July 1999.For subsequent amendments see Western Australian25

Legislation Information Tables for 2002, Table 1, p. 358.]


Spent Convictions Act 1988 Division 11s. 77

page 27


Section 4(1) is amended by deleting the definition of“Commissioner for Consumer Affairs”.


Section 14(4)(b) is amended by deleting “Commissioner for5

Fair Trading” and inserting instead —

“Commissioner as defined in section 4(1) of theConsumer Affairs Act 1971

”.10


Section 33(1a) is amended by deleting “of Consumer Affairs”and inserting instead —

“ as defined in section 4(1) of the Consumer Affairs Act 1971 ”.

Division 11 — Spent Convictions Act 198815

80. The Act amended

The amendments in this Division are to the Spent ConvictionsAct 1988*.

[* Reprinted as at 1 September 2000.For subsequent amendments see Western Australian20

Legislation Information Tables for 2002, Table 1, p. 362, andAct No. 50 of 2003.]

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 3 Attorney General, and JusticeDivision 12 Statutory Corporations (Liability of Directors) Act 1996s. 81

page 28

81. Schedule 3 amended

Schedule 3 clause 1 item 10 of the Table is amended by deleting“Community and Juvenile Justice Division or the PrisonsDivision of the Department of Justice” and inserting instead —

“5

department of the Public Service principallyassisting in the administration of this Act

”.

Division 12 — Statutory Corporations (Liability of Directors)Act 1996

82. The Act amended

The amendment in this Division is to the Statutory Corporations10

(Liability of Directors) Act 1996*.

[* Reprinted as at 10 August 2001.For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 373, andActs Nos. 31 and 35 of 2003.]15


Schedule 1 is amended by deleting the items relating to theCountry Housing Authority and the State Housing Commission.

Division 13 — Suitors’ Fund Act 1964


The amendments in this Division are to the Suitors’ FundAct 1964*.



Suitors’ Fund Act 1964 Division 13s. 85

page 29


(1) Section 4(1) is amended by deleting “and kept at the Treasury,forming” and inserting instead —

“ , as ”.

(2) Section 4(2) is repealed and the following subsection is inserted5

instead —

“(2) The following shall be credited to the Fund —

(a) the amounts referred to in section 6(2); and

(b) any other moneys lawfully received by, made10

available to, or payable to the Board. ”.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 4 Community Development, Women’s Interests, Seniors and

Youth, and Disability ServicesDivision 1 Adoption Act 1994s. 86

page 30

Part 4 — Community Development, Women’sInterests, Seniors and Youth, and Disability Services

Division 1 — Adoption Act 1994

86. The Act amended

The amendments in this Division are to the Adoption Act 1994*.5

[* Reprinted as at 2 January 2001.For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 6, andAct No. 8 of 2003.]



(a) by deleting the definition of “Department” and insertinginstead —

““Department” has the meaning given by section 3 of15

the Community Services Act 1972; ”;

(b) by deleting the definition of “Director-General” andinserting instead —

“20

“Director-General” means the chief executive officerof the Department;

”.

Division 2 — Child Welfare Act 1947


The amendments in this Division are to the Child WelfareAct 1947*.

[* Reprinted as at 20 September 2002.]

Machinery of Government (Miscellaneous Amendments) Bill 2003Community Development, Women’s Interests, Seniors and

Youth, and Disability ServicesPart 4

Child Welfare Act 1947 Division 2s. 89

page 31




“5


”;

(b) by deleting the definition of “Department” and insertinginstead —10

““Department” has the meaning given by section 3 of


(c) by deleting the definition of “Director-General”.15


Section 6(1a) is repealed.


Section 9A(1) is amended by deleting “Director-General, to theAssistant Director-General of the Department, or to each of20

them, as he thinks fit,” and inserting instead —

“ CEO ”.

92. Various references to Director-General changed to CEO

Each provision listed in the Table to this section is amended bydeleting “Director-General” in each place where it occurs and25


“ CEO ”.

Table

s. 4(2), (3) and (4) s. 112(3)


Youth, and Disability ServicesDivision 2 Child Welfare Act 1947s. 92

page 32

s. 6(1) s. 113(2)

s. 9B(1)(b) s. 115(1)

s. 10(1) and (2) s. 117(3)

s. 10A s. 120(1)

s. 10B s. 120B(1) (defn. of “working

s. 10C(1) (defns. of day”)

“corresponding authority” s. 120C(1), (2), (3) and (4)

and “relevant information”), s. 120D

(2) and (3) s. 120E(1) and (2)

s. 11 s. 120F(1) and (4)

s. 18A s. 120G

s. 29(2)(c) and (3aa)(c) s. 120H

s. 31 s. 120I

s. 44 s. 120K

s. 44A(1) and (2) s. 120L(2)(a)

s. 46 s. 120M(1)(a)

s. 47(1) s. 120N

s. 50(1) and (2) s. 120O(1) and (2)

s. 54(1) s. 120Q(2)(a)

s. 55(1) s. 120R(1), (2) and (3)

s. 56 s. 120S

s. 60 s. 120V(1)(a)

s. 61 s. 120Z(1) and (2)

s. 64(1) s. 120ZA(1) and (2)

s. 66C s. 125(a), (b) and (c)

s. 67(2) and (5) s. 127(a) and (c)

s. 107A(4), (5) and (8)(a) s. 130(3)

s. 107B(4), (5) and (8)(a) s. 138A

s. 109 s. 146A(1)

s. 111 s. 146C(1)

Note: The headings to sections 6, 10, 10A, 10B, 44A, 56, 66C, 109,120, 120C, 120D, 120K and 120ZA will be altered by deleting“Director-General” and inserting instead “CEO”.



Community Services Act 1972 Division 3s. 93

page 33

Division 3 — Community Services Act 1972

93. The Act amended

The amendments in this Division are to the Community ServicesAct 1972*.

[* Reprinted as at 5 April 2002.]5

94. Long title

The long title is amended by deleting “to make provision for theestablishment of a Department for Family and Children’sServices,”.




““CEO” means the chief executive officer of the15

Department;

“Ministerial Body” means the CommunityDevelopment Ministerial Body established bysection 6;

”;20

(b) by deleting the definition of “Department” and insertinginstead —

““Department” means the department of the Public

Service principally assisting in the administration25

of this Act;”;

(c) by deleting the definition of “Director-General”.


Youth, and Disability ServicesDivision 3 Community Services Act 1972s. 96

page 34




Section 5(2) is amended by deleting “and he shall be the chiefexecutive officer of the Department”.5

98. Section 6 replaced

Section 6 is repealed and the following sections are insertedinstead —

“6. The Community Development Ministerial Body10

(1) The Community Development Ministerial Body isestablished.

(2) The Ministerial Body is a body corporate withperpetual succession.

(3) Proceedings may be taken by or against the Ministerial15

Body in its corporate name.

(4) The Ministerial Body is to be governed by theMinister.

(5) The Ministerial Body is an agent of the State and hasthe status, immunities and privileges of the State.20

6AA. Purpose and nature of the Ministerial Body

(1) The Ministerial Body is established to provide a bodycorporate through which the Minister can perform anyof the Minister’s functions under this Act that can moreconveniently be performed by a body corporate than an25

individual.

(2) Despite the employment under the Public SectorManagement Act 1994 of ministerial officers for thepurpose of assisting the Minister to perform functions




page 35

that the Minister performs through the MinisterialBody, the Ministerial Body and those officers are notan organisation for the purposes of that Act.

6AB. Execution of documents by the Ministerial Body

(1) The Ministerial Body is to have a common seal.5

(2) A document is duly executed by the Ministerial Bodyif —

(a) the common seal of the Ministerial Body isaffixed to it in accordance with subsections (3)and (4);10

(b) it is signed on behalf of the Ministerial Body bythe Minister; or

(c) it is signed on behalf of the Ministerial Body,as authorised under subsection (5), by the CEOor another officer of the Department.15

(3) The common seal of the Ministerial Body is not to beaffixed to a document except as authorised by theMinisterial Body.

(4) The common seal of the Ministerial Body is to beaffixed to a document in the presence of the Minister,20

and the Minister is to sign the document to attest thatthe common seal was so affixed.

(5) The Ministerial Body may, by writing under itscommon seal, authorise the CEO or another officer ofthe Department to sign documents on behalf of the25

Ministerial Body, either generally or subject to anyconditions or restrictions specified in the authorisation.

(6) A document purporting to be executed in accordancewith this section is to be presumed to be duly executeduntil the contrary is shown.30


Youth, and Disability ServicesDivision 3 Community Services Act 1972s. 99

page 36

(7) A document executed by the CEO or another personunder this section without the common seal of theMinisterial Body is not to be regarded as a deed unlessit is executed as a deed as authorised undersubsection (5).5

(8) When a document is produced bearing a sealpurporting to be the common seal of the MinisterialBody, it is to be presumed that the seal is the commonseal of the Ministerial Body until the contrary isshown.10

(9) For the purposes of this Act, a facsimile of —

(a) the Ministerial Body’s common seal; or

(b) the signature of the Minister or a personauthorised under subsection (5) to executedeeds or other documents,15

may be used, and a deed or other document purportingto be endorsed with such a facsimile is, until thecontrary is shown, to be regarded as bearing thefacsimile under this subsection.

”.20


After section 6A(1) the following subsection is inserted —

“(1a) Without limiting the things that may be delegated to

the CEO under subsection (1), they include things that25

are to be done in the course of governing the affairs ofthe Ministerial Body under section 6(4).

”.


Section 7 is repealed.30




page 37


(1) Section 8(1) and (2) are repealed.

(2) Section 8(3) is amended by deleting “Department” and insertinginstead —

“ CEO ”.5

(3) Section 8(4) is amended by deleting “Department to carry outeffectively its” and inserting instead —

“ CEO to carry out effectively the CEO’s ”.


Section 10 is amended by deleting “Department are” and10


“ CEO include ”.




Section 20(1) is amended by inserting after “powers orfunctions” —

“ under this or any other Act ”.


Section 22(1) is amended by deleting “and the Department”.20

106. Sections 23 and 24 amended

Sections 23 and 24 are amended by deleting “Director-General,the Assistant Director-General” and inserting instead —

“ CEO ”.


Youth, and Disability ServicesDivision 4 Disability Services Act 1993s. 107

page 38

107. Various references to Director-General changed to CEO

Each provision listed in the Table to this section is amended bydeleting “Director-General” in each place where it occurs andinserting instead —

“ CEO ”.5

Table

s. 3 (defn. of “delegate”) s. 17C(1), (2) and (4)(b)

s. 5(2) s. 17D(4)

s. 13 s. 18

s. 14(1) and (2) s. 19(1), (2) and (3)

s. 15(a) and (b) s. 20(1), (2), (3), (4), (5) and

s. 16 (6)

s. 17B(1), (2), (3), (4), (5) and s. 22(1)

(6) s. 25(m)

Note: The headings to sections 13, 14 and 17B will be altered by deleting“Director-General” and inserting instead “CEO”.

Division 4 — Disability Services Act 1993


The amendments in this Division are to the Disability ServicesAct 1993*.

[* Reprinted as at 26 May 2000.For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 105.]15



(a) by deleting “at either”;

(b) in paragraph (a) by deleting “the Treasury and”;



Welfare and Assistance Act 1961 Division 5s. 110

page 39

(c) in paragraph (b) by inserting before “a bank” —

“ at ”.


Section 30 is amended by deleting the definition of “HealthDepartment” and inserting instead —5

““Health Department” has the meaning given to

“Department” by section 3 of the HealthLegislation Administration Act 1984;

”.10


(1) Section 52(1)(bc)(i) is amended by deleting “Director-General”and inserting instead —

“CEO as defined in section 4(1) of the15

Child Welfare Act 1947 ”.

(2) Section 52(3) is amended by deleting “, “Department”, and“Director-General” ” and inserting instead —

“ and “Department” ”.20

Division 5 — Welfare and Assistance Act 1961

112. The Act amended

The amendments in this Division are to the Welfare andAssistance Act 1961*.

[* Reprinted as at 16 November 2001.]25


Youth, and Disability ServicesDivision 5 Welfare and Assistance Act 1961s. 113

page 40




“5


”;

(b) by deleting the definition of “Department” and insertinginstead —10



(c) by deleting the definition of “Director-General”.15


Section 30(1) is amended by deleting “Director-General orAssistant Director-General” and inserting instead —

“ CEO ”.

115. Various references to Director-General changed to CEO20

Each provision listed in the Table to this section is amended bydeleting “Director-General” in each place where it occurs andinserting instead —

“ CEO ”.

Table25

s. 7(1) s. 31

s. 9(1) s. 32

s. 15(1)(a) and (3) s. 33

s. 18(1) and (2)



Transitional provisions Division 6s. 116

page 41

Division 6 — Transitional provisions

116. The incorporated Minister

The Community Development Ministerial Body established bysection 5A of the Community Services Act 1972 (as in forceafter commencement) is a continuation of, and the same legal5

person as, the body corporate referred to in section 6 of that Act(as in force before commencement).

117. Director-General of Community Services

A thing done or omitted to be done by, to or in relation to theDirector-General before commencement under, or for the10

purposes of, an enactment has the same effect aftercommencement, to the extent that it has any force orsignificance after commencement, as if it had been done oromitted by, to or in relation to the CEO.

118. The Department15

The repeal of section 4 of the Community Services Act 1972does not affect the continuation of the Department establishedby that section, and it may be dealt with as if established underthe Public Sector Management Act 1994.

119. Interpretation20

In this Division —

“CEO” has the meaning given by section 3 of the CommunityServices Act 1972 (as in force after commencement);

“commencement” means the time at which section 94 comesinto operation;25

“Director-General” has the meaning given by section 3 of theCommunity Services Act 1972 (as in force beforecommencement).

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 1 Associations Incorporation Act 1987s. 120

page 42

Part 5 — Consumer and Employment Protection

Division 1 — Associations Incorporation Act 1987


The amendments in this Division are to the AssociationsIncorporation Act 1987*.5

[* Reprinted as at 20 August 1999.For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 25, andAct No. 20 of 2003.]




““Department” means the department of the Public15

Service principally assisting in the administrationof this Act;

”;

(b) by deleting the definition of “Commissioner” andinserting instead —20

““Commissioner” means the person for the time being

designated as the Commissioner undersection 39A;

”.25

Machinery of Government (Miscellaneous Amendments) Bill 2003Consumer and Employment Protection Part 5

Associations Incorporation Act 1987 Division 1s. 122

page 43

122. Sections 39A to 39E inserted

After section 39 the following sections are inserted inPart VII —

“39A. Commissioner5

(1) The Minister is required, by notice published in theGazette, to designate a person who is an executiveofficer of the Department as the Commissioner for thepurposes of this Act.

(2) The Commissioner may be referred to by a title10

specified by the Minister by notice published in theGazette.

(3) In this section —

“executive officer” has the meaning given bysection 3(1) of the Public Sector Management15

Act 1994.

39B. Delegation by Commissioner

(1) The Commissioner may delegate to any other personemployed in the Department any power or duty of theCommissioner under another provision of this Act.20

(2) The delegation must be in writing signed by theCommissioner.

(3) A person to whom a power or duty is delegated underthis section cannot delegate that power or duty.

(4) A person exercising or performing a power or duty that25

has been delegated to the person under this section is tobe taken to do so in accordance with the terms of thedelegation unless the contrary is shown.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 1 Associations Incorporation Act 1987s. 122

page 44

(5) Nothing in this section limits the ability of theCommissioner to perform a function through an officeror agent.

39C. Information officially obtained to be confidential

(1) A person who misuses information obtained by reason5

of any function that person has, or at any time had, inthe administration of this Act, or the repealed Act,commits an offence.

Penalty: $20 000.

(2) A person misuses information if it is, directly or10

indirectly, recorded, used, or disclosed to anotherperson, other than —

(a) in the course of duty;

(b) under this Act;

(c) for the purposes of the investigation of any15

suspected offence or the conduct ofproceedings against any person for an offence;

(d) in a manner that could not reasonably beexpected to lead to the identification of anyperson to whom the information refers; or20

(e) with the consent of the person to whom theinformation relates, or each of them if there ismore than one.


“information” means information concerning the25

affairs of a person.

39D. Protection from liability for wrongdoing

(1) A person is not liable for anything that the person has,in good faith, done in the performance or purportedperformance of a function under this Act, or the30

repealed Act.


Builders’ Registration Act 1939 Division 2s. 123

page 45

(2) The State is also relieved of any liability that it mightotherwise have had for another person having doneanything as described in subsection (1).

(3) The protection given by this section applies eventhough the thing done as described in subsection (1)5

may have been capable of being done whether or notthis Act had been enacted.

(4) In this section, a reference to the doing of anythingincludes a reference to an omission to do anything.

39E. Judicial notice10

All courts, judges and persons acting judicially shalltake judicial notice of the official signature of everyperson who is for the time being and every person whohas at any time been the Commissioner and of the factthat such person holds or has held such office.15

”.

Division 2 — Builders’ Registration Act 1939


The amendments in this Division are to the Builders’Registration Act 1939*.20

[* Reprinted as at 11 January 2002.]


Section 4A(5) is amended by deleting “Commissioner for FairTrading appointed under section 15” and inserting instead —

“ Commissioner as defined in section 4(1) ”.25

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 3 Business Names Act 1962s. 125

page 46


Section 37(3) is amended by deleting “Commissioner for FairTrading referred to in section 15” and inserting instead —

“ Commissioner as defined in section 4(1) ”.

Division 3 — Business Names Act 19625


The amendments in this Division are to the Business NamesAct 1962*.

[* Reprinted as at 16 February 2001.For subsequent amendments see Act No. 20 of 2003.]10




“15


”;

(b) by deleting the definition of “Commissioner” and20



designated as the Commissioner undersection 4AA;25

”.


Business Names Act 1962 Division 3s. 128

page 47

128. Section 4AA inserted


“4AA. Commissioner

(1) The Minister is required, by notice published in the5

Gazette, to designate a person who is an executiveofficer of the Department as the Commissioner for thepurposes of this Act.

(2) The Commissioner may be referred to by a titlespecified by the Minister by notice published in the10

Gazette.


“executive officer” has the meaning given bysection 3(1) of the Public Sector ManagementAct 1994.15

”.

129. Sections 31A to 31D inserted

After section 31 the following sections are inserted —

“31A. Delegation by Commissioner20

(1) The Commissioner may delegate to any other personemployed in the Department any power or duty of theCommissioner under another provision of this Act.

(2) The delegation must be in writing signed by theCommissioner.25


(4) A person exercising or performing a power or duty thathas been delegated to the person under this section is to

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 3 Business Names Act 1962s. 129

page 48

be taken to do so in accordance with the terms of thedelegation unless the contrary is shown.

(5) Nothing in this section limits the ability of theCommissioner to perform a function through an officeror agent.5

31B. Information officially obtained to be confidential

(1) A person who misuses information obtained by reasonof any function that person has, or at any time had, inthe administration of this Act commits an offence.

Penalty: $20 000.10

(2) A person misuses information if it is, directly orindirectly, recorded, used, or disclosed to anotherperson, other than —


(b) under this Act;15

(c) for the purposes of the investigation of anysuspected offence or the conduct ofproceedings against any person for an offence;

(d) in a manner that could not reasonably beexpected to lead to the identification of any20

person to whom the information refers; or



“information” means information concerning theaffairs of a person.


Chattel Securities Act 1987 Division 4s. 130

page 49

31C. Protection from liability for wrongdoing

(1) A person is not liable for anything that the person has,in good faith, done in the performance or purportedperformance of a function under this Act.

(2) The State is also relieved of any liability that it might5

otherwise have had for another person having doneanything as described in subsection (1).

(3) The protection given by this section applies eventhough the thing done as described in subsection (1)may have been capable of being done whether or not10

this Act had been enacted.


31D. Application of certain provisions of the ConsumerAffairs Act 197115

Sections 19, 20, 21, 22 and 23A of the ConsumerAffairs Act 1971 apply, with such modifications as arenecessary, to and in relation to the functions of theCommissioner and persons and matters affected by theexercise of those functions as if the sections were part20

of this Act. ”.

Division 4 — Chattel Securities Act 1987


The amendments in this Division are to the Chattel Securities25

Act 1987*.

[* Reprinted as at 13 December 2002.For subsequent amendments see Act No. 20 of 2003.]

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 4 Chattel Securities Act 1987s. 131

page 50




“5


”;




designated as the Commissioner under section 3A; ”.15


After section 3 the following section is inserted in Part I —

“3A. Commissioner




Gazette.


Chattel Securities Act 1987 Division 4s. 133

page 51


“executive officer” has the meaning given bysection 3(1) of the Public Sector ManagementAct 1994.

”.5

133. Heading to Part IV inserted

After section 28 the following heading is inserted —

“Part IV — Miscellaneous

”.10

134. Sections 30A to 30D inserted


“30A. Delegation by Commissioner

(1) The Commissioner may delegate to any other person15

employed in the Department any power or duty of theCommissioner under another provision of this Act.


(3) A person to whom a power or duty is delegated under20

this section cannot delegate that power or duty.

(4) A person exercising or performing a power or duty thathas been delegated to the person under this section is tobe taken to do so in accordance with the terms of thedelegation unless the contrary is shown.25


Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 4 Chattel Securities Act 1987s. 134

page 52

30B. Information officially obtained to be confidential


Penalty: $20 000.5










30C. Protection from liability for wrongdoing

(1) Subject to sections 24 and 25, a person is not liable foranything that the person has, in good faith, done in the25

performance or purported performance of a functionunder this Act.

(2) Subject to sections 24 and 25, the State is also relievedof any liability that it might otherwise have had foranother person having done anything as described in30

subsection (1).


Companies (Co-operative) Act 1943 Division 5s. 135

page 53

(3) The protection given by this section applies eventhough the thing done as described in subsection (1)may have been capable of being done whether or notthis Act had been enacted.

(4) In this section, a reference to the doing of anything5

includes a reference to an omission to do anything.

30D. Application of certain provisions of the ConsumerAffairs Act 1971

Sections 19, 20, 21, 22 and 23A of the ConsumerAffairs Act 1971 apply, with such modifications as are10

necessary, to and in relation to the functions of theCommissioner and persons and matters affected by theexercise of those functions as if the sections were partof this Act.

”.15

Division 5 — Companies (Co-operative) Act 1943


The amendments in this Division are to the Companies(Co-operative) Act 1943*.


For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 63, andAct No. 28 of 2003 and Gazette 27 June 2003 p. 2545-7.]

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 5 Companies (Co-operative) Act 1943s. 136

page 54




“5

“Department” means the department of the PublicService principally assisting in the administrationof this Act.

”;

(b) by deleting the definition of “Registrar” and inserting10

instead —

““Registrar” means the person for the time being

designated as the Registrar under section 3A. ”.15

137. Division 1A inserted

After section 3 the following Division is inserted —

“Division 1A — Administration

3A. Registrar20

(1) The Minister is required, by notice published in theGazette, to designate a person who is an executiveofficer of the Department as the Registrar for thepurposes of this Act.

(2) The Registrar may be referred to by a title specified by25

the Minister by notice published in the Gazette.




Companies (Co-operative) Act 1943 Division 5s. 137

page 55

3B. Delegation by Registrar

(1) The Registrar may delegate to any other personemployed in the Department any power or duty of theRegistrar under another provision of this Act.

(2) The delegation must be in writing signed by the5

Registrar.


(4) A person exercising or performing a power or duty thathas been delegated to the person under this section is to10


(5) Nothing in this section limits the ability of theRegistrar to perform a function through an officer oragent.15

3C. Information officially obtained to be confidential


Penalty: $20 000.20







Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 5 Companies (Co-operative) Act 1943s. 138

page 56





3D. Protection from liability for wrongdoing

(1) A person is not liable for anything that the person has,in good faith, done in the performance or purportedperformance of a function under this Act.10





3E. Judicial notice20

All courts, judges and persons acting judicially shalltake judicial notice of the official signature of everyperson who is for the time being and every person whohas at any time been the Registrar and of the fact thatsuch person holds or has held such office.25

”.

138. Section 391 repealed and consequential amendments

(1) Section 391 is repealed.

(2) Sections 25(1), 26(1)(b), 30(6), 319, 329(1)(d), 331(1) and (3),373(d) and (g) and 392(2) are amended by deleting “and seal”.30


Competition Policy Reform (Western Australia) Act 1996 Division 6s. 139

page 57

Division 6 — Competition Policy Reform (Western Australia)Act 1996


The amendments in this Division are to the Competition PolicyReform (Western Australia) Act 1996*.5

[* Reprinted as at 6 July 2001.For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 64.]


Section 45 is amended by deleting the definition of10

“Commissioner” and inserting instead —


designated as the Commissioner under section 58; ”.15

141. Division 5 inserted

After section 57 the following Division is inserted —

“Division 5 — Commissioner

58. Commissioner20

(1) The Minister is required, by notice published in theGazette, to designate a person who is an executiveofficer of the Department as the Commissioner for thepurposes of this Part.





Act 1994.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 6 Competition Policy Reform (Western Australia) Act 1996s. 141

page 58

59. Delegation by Commissioner

(1) The Commissioner may delegate to any other personemployed in the Department any power or duty of theCommissioner under another provision of this Part.


Commissioner.





60. Information officially obtained to be confidential

(1) A person who misuses information obtained by reasonof any function that person has, or at any time had, inthe administration of this Part commits an offence.

Penalty: $20 000.20








Competition Policy Reform (Western Australia) Act 1996 Division 6s. 141

page 59





61. Protection from liability for wrongdoing

(1) A person is not liable for anything that the person has,in good faith, done in the performance or purportedperformance of a function under this Part.10



may have been capable of being done whether or notthis Part had been enacted.


62. Judicial notice20


”.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 7 Consumer Affairs Act 1971s. 142

page 60

Division 7 — Consumer Affairs Act 1971


The amendments in this Division are to the Consumer AffairsAct 1971*.

[* Reprinted as at 25 March 1999.5

For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 77.]

143. Long title amended

The long title is amended by deleting “appointment of aCommissioner for Fair Trading” and inserting instead —10

“ protection of the interests of consumers ”.


Section 4(1) is amended by deleting the definition of“Commissioner” and inserting instead —

“15

“Commissioner” means the person for the time beingdesignated as the Commissioner under section 15;

”.


Section 5(2) is amended by deleting “the person for the time20

being holding the office of ” .

146. Heading to Part III replaced

The heading to Part III is repealed and the following heading isinserted instead —

“25

Part III — Administrative provisions ”.


Consumer Affairs Act 1971 Division 7s. 147

page 61

147. Sections 15 to 17 replaced

Sections 15, 15A and 17 are repealed and the following sectionsare inserted instead —

“15. Commissioner5






Act 1994.

16. Functions of the Commissioner

(1) The functions of the Commissioner include —

(a) to promote the interests of consumers and toassist them to a greater awareness in relation to20

their assessment and use of goods and services;

(b) to collect, collate and disseminate informationin respect of matters affecting the interests ofconsumers;

(c) to receive complaints from consumers25

concerning matters affecting their interests asconsumers, to consider and, if theCommissioner considers it warranted, toinvestigate those complaints and to take suchaction in respect of those complaints as seems30

proper to the Commissioner;


page 62

(d) to receive complaints of fraudulent or deceptivepractices in relation to matters that affect or arelikely to affect the interests of consumers and tomake such investigations and inquiries and totake such other action in respect of those5

complaints as seems proper to theCommissioner;

(e) to advise and assist consumers who seek fromthe Commissioner information or guidance onmatters affecting their interests as consumers;10

(f) to encourage and undertake the disseminationof information concerning consumer affairs toproducers, manufacturers and suppliers ofgoods or services;

(g) to perform such other functions as are imposed15

on the Commissioner by this Act or the FairTrading Act 1987.

(2) Without limiting the generality of subsection (1), theCommissioner is to —

(a) make such recommendations to the Minister as20

the Commissioner considers necessary ordesirable in the interests of consumers and inparticular investigate and makerecommendations to the Minister in relation toany matters that concern the need for or25

desirability of legislative or administrativeaction in the interests of consumers;

(b) advise the Minister on such matters affectingthe interests of consumers as the Minister mayrefer to the Commissioner;30

(c) make recommendations to the Minister for theestablishment and maintenance of means bywhich —

(i) matters that affect the interests ofconsumers and of persons engaged in35



page 63

the production, manufacture,preparation or supply of goods or incommerce or in the provision ofservices may receive adequateconsideration; and5

(ii) information concerning those mattersand considerations may be disseminatedat large.

(3) The Commissioner may cooperate, associate or consultwith organisations that have the power to make10

investigations of the nature referred to insubsection (2)(a).

17. Power of Commissioner to publish warnings aboutunsatisfactory or dangerous goods and services etc.

(1) The Commissioner may publish (in any form) a15

statement identifying and giving warnings orinformation about any of the following —

(a) goods that are unsatisfactory or dangerous andpersons who supply or are likely to supplythose goods;20

(b) services supplied in an unsatisfactory ordangerous manner and persons who supply orare likely to supply those services;

(c) unfair business practices and persons whoengage or are likely to engage in those25

practices;

(d) any other matter which adversely affects ormay adversely affect the interests of consumersin connection with the acquisition by them ofgoods or services.30

(2) A statement under subsection (1) may identifyparticular goods, services, business practices andpersons.


page 64

(3) The Commissioner is not to make or issue a statementunder this section unless satisfied that it is in the publicinterest to do so.

”.

148. Section 23 replaced5


“23. Delegation by Commissioner


employed in the Department any power or duty of theCommissioner under a provision of this or any otherAct, other than this power of delegation.

(2) The delegation must be in writing signed by theCommissioner.15


(4) A person exercising or performing a power or duty thathas been delegated to the person under this section is tobe taken to do so in accordance with the terms of the20

delegation unless the contrary is shown.


”.25



page 65



“24. Information officially obtained to be confidential5

(1) A person who misuses information obtained by reasonof any function that person has, or at any time had,under or in accordance with this Act or the FairTrading Act 1987 commits an offence.

Penalty: $20 000.10



(b) under this Act or the Fair Trading Act 1987;15







”.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 8 Co-operative and Provident Societies Act 1903s. 150

page 66


(1) Section 25 is amended as follows:

(a) by inserting before “Subject” the subsection designation“(1)”;

(b) in paragraph (b) by inserting after “statement” —5

“ made or ”;

(c) by inserting after “operations of the Committee or of theDepartment” —

“or the administration of this Act or the Fair Trading10

Act 1987 ”.

(2) At the end of section 25 the following subsections areinserted —

“15

(2) No liability is incurred by a person for publishing ingood faith —

(a) a statement referred to in subsection (1)(b); or

(b) a fair report or summary of such a statement.


“liability” includes liability for defamation.

Division 8 — Co-operative and Provident Societies Act 1903


The amendments in this Division are to the Co-operative andProvident Societies Act 1903*.25

[* Reprinted as at 7 September 2001.For subsequent amendments see Acts Nos. 20 and 28 of2003.]


Co-operative and Provident Societies Act 1903 Division 8s. 152

page 67




“5


“Registrar” means the person for the time beingdesignated as the Registrar under section 67;10

”;

(b) in the definition of “The Minister” by deleting “being;”and inserting instead —

“ being. ”;

(c) by deleting the definition of “The Registrar”.15

153. Sections 67 to 71 inserted


“67. Registrar


Gazette, to designate a person who is an executiveofficer of the Department as the Registrar for thepurposes of this Act.

(2) The Registrar may be referred to by a title specified bythe Minister by notice published in the Gazette.25



Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 8 Co-operative and Provident Societies Act 1903s. 153

page 68

68. Delegation by Registrar

(1) The Registrar may delegate to any other personemployed in the Department any power or duty of theRegistrar under another provision of this Act.


Registrar.




(5) Nothing in this section limits the ability of theRegistrar to perform a function through an officer oragent.15

69. Information officially obtained to be confidential


Penalty: $20 000.20








Co-operative and Provident Societies Act 1903 Division 8s. 153

page 69





70. Protection from liability for wrongdoing

(1) A person is not liable for anything that the person has,in good faith, done in the performance or purportedperformance of a function under this Act.10





71. Judicial notice20

All courts, judges and persons acting judicially shalltake judicial notice of the official signature of everyperson who is for the time being and every person whohas at any time been the Registrar and of the fact thatsuch person holds or has held such office.25

”.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 9 Credit Act 1984s. 154

page 70

Division 9 — Credit Act 1984


The amendments in this Division are to the Credit Act 1984*.

[* Reprinted as at 6 April 2001.For subsequent amendments see Western Australian5

Legislation Information Tables for 2002, Table 1, p. 87, andAct No. 28 of 2003.]



(a) by inserting the following definition in the appropriate10

alphabetical position —


the Credit (Administration) Act 1984; ”;15

(b) by deleting the definition of “Commissioner” andinserting instead —

““Commissioner” has the meaning given by section 4

of the Credit (Administration) Act 1984;20

”.

Division 10 — Credit (Administration) Act 1984


The amendments in this Division are to the Credit(Administration) Act 1984*.25

[* Reprinted as at 5 May 2000.For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 88, andAct No. 43 of 2003.]


Credit (Administration) Act 1984 Division 10s. 157

page 71




“5


”;




designated as the Commissioner under section 53; ”.15


Section 10(3) is amended by deleting “for Fair Trading” in the3 places where it occurs.


Section 53 is repealed and the following sections are inserted20

instead —

“53. Commissioner

(1) The Minister is required, by notice published in theGazette, to designate a person who is an executive25

officer of the Department as the Commissioner for thepurposes of the cognate Acts.

(2) The Commissioner may be referred to by a titlespecified by the Minister by notice published in theGazette.30

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 10 Credit (Administration) Act 1984s. 159

page 72

(3) Without limiting any other functions of theCommissioner for the purposes of the cognate Acts, theCommissioner has the following functions —

(a) to investigate and conduct research into mattersrelating to the cognate Acts;5

(b) to publish reports and disseminate informationon matters relating to the cognate Acts;

(c) to give advice to consumers on the provisionsof the cognate Acts;

(d) to investigate and attempt to resolve complaints10

arising under the cognate Acts and to takeaction by negotiation, prosecution of anyoffence or otherwise;

(e) to make reports to the Minister on matters ofimportance investigated by the Commissioner,15

whether or not referred to the Commissioner bythe Minister.



Act 1994.

53A. Delegation by Commissioner

(1) The Commissioner may delegate to any other personemployed in the Department any power or duty of theCommissioner under another provision of the cognate25

Acts.



(4) A person exercising or performing a power or duty thathas been delegated to the person under this section is to


Credit (Administration) Act 1984 Division 10s. 160

page 73



53B. Judicial notice

All courts, judges and persons acting judicially shalltake judicial notice of the official signature of everyperson who is for the time being and every person whohas at any time been the Commissioner and of the fact10

that such person holds or has held such office. ”.


(1) Section 54(1) is amended by deleting “an authorised officerappointed under the Consumer Affairs Act 1971,”.15

(2) Section 54(2) is amended by deleting “, or an authorised officeror” and inserting instead —

“ or an ”.

(3) Section 54(3)(a) is amended by deleting “officer” and insertinginstead —20

“ person ”.


(1) Section 56(1) is amended as follows:

(a) in paragraph (c) by inserting after “Commissioner” —

“ or a delegate of the Commissioner ”;25

(b) in paragraph (d) by deleting “54(1) or”.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 10 Credit (Administration) Act 1984s. 161

page 74

(2) Section 56(2) is repealed and the following subsections areinserted instead —

“(2) A person to whom this section applies shall not misuse

information obtained by reason of any function that5

person has, or at any time had, in the administration ofthe cognate Acts.

Penalty: $20 000.

(3) A person misuses information if it is, directly orindirectly, recorded, used or disclosed to another10

person, other than —


(b) under —

(i) the cognate Acts, the Consumer AffairsAct 1971, the Commercial Tribunal15

Act 1984; or

(ii) the corresponding Acts, or proposedlaws, of the legislature of theCommonwealth or of another State or ofa Territory;20







”.


Employers’ Indemnity Supplementation Fund Act 1980 Division 11s. 162

page 75



“56A. Protection from liability for wrongdoing

(1) A person is not liable for anything that the person has,5

in good faith, done in the performance or purportedperformance of a function under this Act.

(2) The State is also relieved of any liability that it mightotherwise have had for another person having doneanything as described in subsection (1).10

(3) The protection given by this section applies eventhough the thing done as described in subsection (1)may have been capable of being done whether or notthis Part had been enacted.

(4) In this section, a reference to the doing of anything15

includes a reference to an omission to do anything. ”.

Division 11 — Employers’ Indemnity Supplementation FundAct 1980


The amendment in this Division is to the Employers’ IndemnitySupplementation Fund Act 1980*.



Section 5(1) is amended by deleting “at the Treasury”.25

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 12 Employment Agents Act 1976s. 165

page 76

Division 12 — Employment Agents Act 1976


The amendments in this Division are to the Employment AgentsAct 1976*.

[* Reprinted as at 26 October 2001.]5


Section 4(1) is amended by deleting the definitions of“Commissioner” and “Department” and inserting instead —

““Commissioner” means the person for the time being10

designated as the Commissioner under section 9A;


”.15



“9A. Commissioner




Gazette.


Employment Agents Act 1976 Division 12s. 168

page 77



”.5



“48. Information officially obtained to be confidential10


Penalty: $20 000.

(2) A person misuses information if it is, directly or15

indirectly, recorded, used, or disclosed to anotherperson, other than —


(b) under this Act;

(c) for the purposes of the investigation of any20

suspected offence or the conduct ofproceedings against any person for an offence;

(d) in a manner that could not reasonably beexpected to lead to the identification of anyperson to whom the information refers; or25





Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 12 Employment Agents Act 1976s. 169

page 78

48A. Delegation by Commissioner

(1) The Commissioner may delegate to any other personemployed in the Department any power or duty of theCommissioner under another provision of this Act.


Commissioner.





”.



“49A. Judicial notice20


”.


Fair Trading Act 1987 Division 13s. 170

page 79

Division 13 — Fair Trading Act 1987


The amendments in this Division are to the Fair TradingAct 1987*.

[* Reprinted as at 16 November 2001.]5




“10

“Department” has the meaning given by section 4(1)of the Consumer Affairs Act 1971;

”;

(b) by deleting the definition of “Commissioner” andinserting instead —15

““Commissioner” has the meaning given by

section 4(1) of the Consumer Affairs Act 1971;”;

(c) by deleting the definition of “investigator”.20


Section 73(10)(a) is amended by deleting “of ConsumerAffairs”.


Section 75(1)(b) is amended by deleting “Commissioner” and25


“ Minister ”.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 14 Hire-Purchase Act 1959s. 174

page 80

Division 14 — Hire-Purchase Act 1959


The amendments in this Division are to the Hire-PurchaseAct 1959*.








Service principally assisting in the administrationof this Act;15

”;




”;

(c) by deleting the definition of “Deputy Commissioner”.


(1) Section 18(9)(c) is amended by deleting “Director-General ofthe department established under section 4” and insertinginstead —

“ CEO as defined in section 3 ”.


Hire-Purchase Act 1959 Division 14s. 177

page 81


(a) by deleting “Director-General of the departmentestablished under section 4 of the Community ServicesAct 1972” in the first place where it occurs and insertinginstead —5

“CEO as defined in section 3 of the Community ServicesAct 1972 (the “CEO”)

”;

(b) by deleting “officer of that department” and inserting10

instead —

“officer of the Department as defined in section 3 of theCommunity Services Act 1972

”;15

(c) by deleting “Director-General of the departmentestablished under section 4 of the Community ServicesAct 1972” in the second place where it occurs andinserting instead —

“ CEO ”;20

(d) by deleting “Director-General” in the third place whereit occurs and inserting instead —

“ CEO ”.

177. Section 23W replaced

Section 23W is repealed and the following sections are inserted25

instead —

“23A. Commissioner


officer of the Department as the Commissioner for thepurposes of this Act.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 14 Hire-Purchase Act 1959s. 177

page 82

(2) The Commissioner may be referred to by a titlespecified by the Minister by notice published in theGazette.


“executive officer” has the meaning given by5

section 3(1) of the Public Sector ManagementAct 1994.

23B. Delegation by Commissioner

(1) The Commissioner may delegate to any other personemployed in the Department any power or duty of the10

Commissioner under another provision of this Act.



(4) A person exercising or performing a power or duty thathas been delegated to the person under this section is tobe taken to do so in accordance with the terms of thedelegation unless the contrary is shown.

(5) Nothing in this section limits the ability of the20

Commissioner to perform a function through an officeror agent.

”.


Limited Partnerships Act 1909 Division 15s. 178

page 83

178. Section 36C replaced

Section 36C is repealed and the following section is insertedinstead —

“36C. Application of certain provisions of the Consumer5

Affairs Act 1971

Sections 19, 20, 21, 22, 23A, 24 and 25 of theConsumer Affairs Act 1971 apply, with suchmodifications as are necessary, to and in relation to thefunctions of the Commissioner and persons and matters10

affected by the exercise of those functions as if thesections were part of this Act.

”.

Division 15 — Limited Partnerships Act 1909


The amendments in this Division are to the LimitedPartnerships Act 1909*.

[* Reprint 3 as at 6 June 2003.]


Section 15 is repealed and the following section is inserted20

instead —

“15. Registrar of limited partnerships


officer of the department principally assisting in theadministration of this Act as the Registrar for thepurposes of this Act.

(2) The Registrar may be referred to by a title specified bythe Minister by notice published in the Gazette.30

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 16 Motor Vehicle Dealers Act 1973s. 181

page 84

(3) Sections 19, 20, 21, 22, 23, 23A, 24 and 25 of theConsumer Affairs Act 1971 apply, with suchmodifications as are necessary, to and in relation to thefunctions of the Registrar and persons and mattersaffected by the exercise of those functions as if the5

sections were part of this Act.



”.

Division 16 — Motor Vehicle Dealers Act 1973


The amendments in this Division are to the Motor VehicleDealers Act 1973*.15

[* Reprinted as at 14 November 1996.For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 257.]





Service principally assisting in the administration25

of this Act; ”;


Motor Vehicle Dealers Act 1973 Division 16s. 183

page 85



designated as the Commissioner under5

section 5AA;”.

183. Section 5AA inserted

After section 5A the following section is inserted —

“10

5AA. Commissioner

(1) The Minister is required, by notice published in theGazette, to designate a person who is an executiveofficer of the Department as the Commissioner for thepurposes of this Act.15



“executive officer” has the meaning given by20

section 3(1) of the Public Sector ManagementAct 1994.

”.


(1) Section 6(1) is repealed and the following subsection is inserted25

instead —

“(1) Sections 19, 20, 21, 22, 23, 23A, 24 and 25 of the

Consumer Affairs Act 1971 apply, with suchmodifications as are necessary, to and in relation to the30

functions of the Commissioner and persons and matters

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 17 Motor Vehicle Repairers Act 2003s. 185

page 86

affected by the exercise of those functions as if thesections were part of this Act.

”.

(2) Section 6(2) is amended by deleting “Permanent Head of theDepartment within the meaning of the Consumer Affairs5

Act 1971” and inserting instead —

“ chief executive officer of the Department ”.

(3) Section 6(3) is repealed and the following subsection is insertedinstead —

“10

(3) A reference in section 19, 20, 21 or 22 (of theConsumer Affairs Act 1971 as applied bysubsection (1)) to the Commissioner includes areference to an authorised officer who has beenapproved by the Commissioner for the purposes of15

those sections. ”.

Division 17 — Motor Vehicle Repairers Act 2003


The amendments in this Division are to the Motor Vehicle20

Repairers Act 2003*.

[* Act No. 68 of 2003.]


Section 3(1) is amended by deleting the definition of“Commissioner” and inserting instead —25


designated as the Commissioner under section 7; ”.


Petroleum Products Pricing Act 1983 Division 18s. 187

page 87



“7. Commissioner5






Act 1994.

7A. Commissioner's powers

Sections 19, 20, 21, 22, 23, 23A, 24 and 25 of theConsumer Affairs Act 1971 apply, with suchmodifications as are necessary, to and in relation to the20

functions of the Commissioner and persons and mattersaffected by the exercise of those functions as if thesections were part of this Act.

”.

Division 18 — Petroleum Products Pricing Act 198325


The amendments in this Division are to the Petroleum ProductsPricing Act 1983*.


Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 18 Petroleum Products Pricing Act 1983s. 189

page 88




“5


”;




designated as the Commissioner under section 5;”.15



“5. Commissioner20

(1) The Minister is required, by notice published in theGazette, to designate a person who is an executiveofficer of the Department as the Commissioner for thepurposes of this Act and the Petroleum Retailers Rightsand Liabilities Act 1982.25




page 89



”.5



(a) by deleting “under this Act”;

(b) in paragraph (a) by inserting after “generally” —

“ and ”;10

(c) in paragraphs (a) and (b) by inserting after “this Act” —

“and the Petroleum Retailers Rights andLiabilities Act 1982

”.15

(2) Section 7(4) is amended by inserting after “this Act” —

“and the Petroleum Retailers Rights and LiabilitiesAct 1982

”.20

(3) Section 7(5) is repealed.


Section 23(1), (2) and (3) are amended by inserting after “thisAct” in each place where it occurs —

“25

or the Petroleum Retailers Rights and LiabilitiesAct 1982

”.


page 90


Section 24(2) is amended by inserting after “this Act” in thesecond place where it occurs —

“or the Petroleum Retailers Rights and Liabilities5

Act 1982 ”.


Section 26 is amended by inserting after “this Act” —

“10


”.


Section 27A(1) and (4) are amended by inserting after “this15

Act” in each place where it occurs —

“or the Petroleum Retailers Rights and LiabilitiesAct 1982

”.20


Section 27B is amended by inserting after “this Act” in bothplaces where it occurs —

“or the Petroleum Retailers Rights and Liabilities25

Act 1982 ”.



page 91



(a) in paragraph (a) by deleting “within the meaning of theConsumer Affairs Act 1971”;

(b) by inserting after “this Act” —5


”.




”.15




”.

200. Section 31H amended

Section 31H(3) is amended in the definition of “officer” bydeleting “referred to in section 5(2)(a) or (b)” and insertinginstead —25

“ of the Department ”.


page 92

201. Sections 32A to 32C inserted


“32A. Delegation by Commissioner


employed in the Department any power or duty of theCommissioner under another provision of this Act orthe Petroleum Retailers Rights and LiabilitiesAct 1982.


Commissioner.





32B. Protection from liability for wrongdoing

(1) A person is not liable for anything that the person has,in good faith, done in the performance or purportedperformance of a function under this Act or thePetroleum Retailers Rights and Liabilities Act 1982.25



may have been capable of being done whether or not



page 93

this Act or the Petroleum Retailers Rights andLiabilities Act 1982 had been enacted.


32C. Judicial notice5


”.



(a) by deleting “an officer referred to in section 5(2)” andinserting instead —15

“ an officer of the Department ”;

(b) by inserting after “this Act” —


”.


(a) in paragraph (a) by inserting after “this Act” in bothplaces where it occurs —

“25


”;

(b) in paragraph (d) by deleting “the Consumer AffairsAct 1971” and inserting instead —30

“ another Act administered by the Minister ”.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 19 Petroleum Retailers Rights and Liabilities Act 1982s. 203

page 94

Division 19 — Petroleum Retailers Rights and LiabilitiesAct 1982


The amendments in this Division are to the Petroleum RetailersRights and Liabilities Act 1982*.5




(a) by inserting the following definition in the appropriatealphabetical position —10


the Petroleum Products Pricing Act 1983; ”;



““Commissioner” has the meaning given by section 3

of the Petroleum Products Pricing Act 1983;”.20

Division 20 — Real Estate and Business Agents Act 1978


The amendments in this Division are to the Real Estate andBusiness Agents Act 1978*.


For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 329, andActs Nos. 21 and 28 of 2003.]


Residential Tenancies Act 1987 Division 21s. 206

page 95

206. Sections 131H and 131K amended

Sections 131H(2)(c) and (3)(c) and 131K(2)(b) are amended bydeleting “The State Housing Commission” in each place whereit occurs and inserting instead —

“ the Housing Authority ”.5

Division 21 — Residential Tenancies Act 1987


The amendments in this Division are to the ResidentialTenancies Act 1987*.


For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 333, andAct No. 45 of 2002.]


Section 3 is amended by deleting the definitions of15

“Commissioner” and “Department” and inserting the followingdefinitions in the appropriate alphabetical positions —


designated as the Commissioner under section 7A;20


”.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 21 Residential Tenancies Act 1987s. 209

page 96


Before section 8 the following section is inserted in Part II —

“7A. Commissioner




Gazette.



”.



(a) by deleting “Without limiting section 17 of theConsumer Affairs Act 1971, the Department” and20


“ The Commissioner ”;

(b) in paragraph (e) by deleting “Department” in both placeswhere it occurs and inserting instead —

“ Commissioner ”;25

(c) in paragraph (e) by deleting “it” and inserting instead —

“ the Commissioner ”.



Residential Tenancies Act 1987 Division 21s. 211

page 97

211. Sections 11A and 11B inserted

After section 11 the following sections are inserted in Part II —

“11A. Information officially obtained to be confidential


of any function that person has, or at any time had, inthe administration of this Act commits an offence.

Penalty: $20 000.

(2) A person misuses information if it is, directly orindirectly, recorded, used, or disclosed to another10



(b) under this Act;

(c) for the purposes of the investigation of anysuspected offence or the conduct of15

proceedings against any person for an offence;

(d) in a manner that could not reasonably beexpected to lead to the identification of anyperson to whom the information refers; or

(e) with the consent of the person to whom the20

information relates, or each of them if there ismore than one.


“information” means information concerning theaffairs of a person.25

11B. Application of certain provisions of the ConsumerAffairs Act 1971

Sections 19, 20, 21, 22 and 23A of the ConsumerAffairs Act 1971 apply, with such modifications as arenecessary, to and in relation to the functions of the30

Commissioner and persons and matters affected by the

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 22 Retirement Villages Act 1992s. 212

page 98

exercise of those functions as if the sections were partof this Act.

”.


Schedule 1 clause 3(1) is amended by deleting “and kept at5

Treasury”.

Note: The heading to section 8 will be altered to read “Functions of theCommissioner”.

Division 22 — Retirement Villages Act 1992


The amendments in this Division are to the Retirement VillagesAct 1992*.

[* Reprinted as at 22 January 1999.For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 334-5,15

and Act No. 28 of 2003.]


Section 3 is amended by deleting the definitions of“Commissioner” and “Department” and inserting the followingdefinitions in the appropriate alphabetical positons —20


designated as the Commissioner under section 7A;

“Department” means the department of the PublicService principally assisting in the administration25

of this Act;”.


Retirement Villages Act 1992 Division 22s. 215

page 99


Before section 8 the following section is inserted in Part 2 —

“7A. Commissioner




Gazette.



”.



(a) by deleting “Without limiting section 17 of theConsumer Affairs Act 1971, the Department” and20


“ The Commissioner ”;

(b) in paragraph (e) by deleting “Department” in both placeswhere it occurs and inserting instead —

“ Commissioner ”;25

(c) in paragraph (e) by deleting “it” and inserting instead —

“ the Commissioner ”.


Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 22 Retirement Villages Act 1992s. 217

page 100



“11A. Information officially obtained to be confidential


of any function that person has, or at any time had, inthe administration of this Act commits an offence.

Penalty: $20 000.

(2) A person misuses information if it is, directly orindirectly, recorded, used, or disclosed to another10



(b) under this Act;

(c) for the purposes of the investigation of anysuspected offence or the conduct of15

proceedings against any person for an offence;

(d) in a manner that could not reasonably beexpected to lead to the identification of anyperson to whom the information refers; or

(e) with the consent of the person to whom the20

information relates, or each of them if there ismore than one.


“information” means information concerning theaffairs of a person.25

11B. Application of certain provisions of the ConsumerAffairs Act 1971

Sections 19, 20, 21, 22 and 23A of the ConsumerAffairs Act 1971 apply, with such modifications as arenecessary, to and in relation to the functions of the30

Commissioner and persons and matters affected by the


Travel Agents Act 1985 Division 23s. 218

page 101

exercise of those functions as if the sections were partof this Act.

”.

218. Sections 46, 57 and 58 amended

Sections 46(2), 57(6)(a) and 58(3)(a) are amended by deleting5

“Department of Health” and inserting instead —

“Department as defined in section 3 of the HealthLegislation Administration Act 1984

”.10



Note: The heading to section 8 will be altered to read “Functions of theCommissioner”.

Division 23 — Travel Agents Act 198515


The amendments in this Division are to the Travel AgentsAct 1985*.







Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 23 Travel Agents Act 1985s. 222

page 102


”;

(b) by deleting the definition of “the Commissioner”.5


Section 42(1) is amended by deleting “any officer appointedunder section 15(1) of the Consumer Affairs Act 1971 to assistthe Commissioner” and inserting instead —

“ an officer of the Department ”.10


Section 43(9) is amended by deleting “within the meaning ofthe Consumer Affairs Act 1971”.


(1) Section 47 is amended by inserting before “All” the subsection15

designation “(1)”.

(2) At the end of section 47 the following subsection is inserted —

“(2) All courts, judges and persons acting judicially shall

take judicial notice of the official signature of every20

person who is for the time being and every person whohas at any time been the Commissioner and of the factthat such person holds or has held such office.

”.


Travel Agents Act 1985 Division 23s. 225

page 103



“49A. Commissioner




Gazette.



”.


Section 50(1) is amended by deleting “an officer appointedunder section 15(1) of the Consumer Affairs Act 1971 to assistthe Commissioner” and inserting instead —20

“ an officer of the Department ”.



“50A. Protection from liability for wrongdoing25

(1) A person is not liable for anything that the person has,in good faith, done in the performance or purportedperformance of a function under this Act.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 23 Travel Agents Act 1985s. 228

page 104





”.10


(1) Section 52(2) is amended by deleting “$2 000” and insertinginstead —

“ $20 000 ”.

(2) Section 52(3) is amended as follows:15

(a) by deleting paragraphs (a) and (b), and “or” afterparagraph (b), and inserting the following paragraphsinstead —

“(a) in the course of duty;20

(b) under this Act; ”;

(b) after paragraph (c) by deleting the full stop and insertinginstead —

“25

;

(d) for the purposes of the investigation of anysuspected offence or the conduct ofproceedings against any person for an offence;



page 105

(e) in a manner that could not reasonably beexpected to lead to the identification of anyperson to whom the information refers; or

(f) with the consent of the person to whom theinformation relates, or each of them if there be5

more than one. ”.


229. Commissioner for Fair Trading

(1) On commencement, the person holding the office of10

Commissioner for Fair Trading immediately beforecommencement is to be taken to have been designated as theCommissioner or Registrar (as the case requires) for thepurposes of each of the following enactments —

(a) the Associations Incorporation Act 1987;15

(b) the Business Names Act 1962;

(c) the Chattel Securities Act 1987;

(d) the Companies (Co-operative) Act 1943;

(e) Part 8 of the Competition Policy Reform (WesternAustralia) Act 1996;20

(f) the Consumer Affairs Act 1971;

(g) the Co-operative and Provident Societies Act 1903;

(h) the Credit Act 1984;

(i) the Credit (Administration) Act 1984;

(j) the Employment Agents Act 1976;25

(k) the Hire-Purchase Act 1959;

(l) the Limited Partnerships Act 1909;

(m) the Motor Vehicle Dealers Act 1973;

(n) the Petroleum Products Pricing Act 1983;

(o) the Petroleum Retailers Rights and Liabilities Act 1982;30

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 24 Transitional provisionss. 229

page 106

(p) the Residential Tenancies Act 1987;

(q) the Retirement Villages Act 1992;

(r) the Travel Agents Act 1985.

(2) A thing done or omitted to be done by, to or in relation to, theCommissioner for Fair Trading (including in his or her capacity5

as the Prices Commissioner) before commencement under aprovision of the Consumer Affairs Act 1971 for the purposes ofanother enactment listed in subsection (1) has the same effectafter commencement, to the extent that it has any force orsignificance after commencement, as if it had been done or10

omitted —

(a) by, to or in relation to, the Commissioner or Registrar(as the case requires) as defined in that other enactmentas in force after commencement; and

(b) where relevant, under the corresponding provision of15

that other enactment as in force after commencement.

(3) To the extent that a thing done or omitted to be done by, to or inrelation to, the Commissioner for Fair Trading (including in hisor her capacity as the Prices Commissioner) beforecommencement under, or for the purposes of, an enactment20

listed in subsection (1) is not covered by subsection (2), it hasthe same effect after commencement, to the extent that it hasany force or significance after commencement, as if it had beendone or omitted by, to or in relation to, the Commissioner orRegistrar (as the case requires) as defined in that enactment as25

in force after commencement.

(4) A thing done or omitted to be done by, to or in relation to, theCommissioner for Fair Trading before commencement under, orfor the purposes of, an enactment not listed in subsection (1) hasthe same effect after commencement, to the extent that it has30

any force or significance after commencement, as if it had beendone or omitted by, to or in relation to, the Commissioner asdefined in the Consumer Affairs Act 1971 as in force aftercommencement.



page 107

(5) A reference in an enactment to the Commissioner for FairTrading is to have effect after commencement as if it had beenamended to be a reference to —

(a) in the case of an enactment listed in subsection (1) orsubsidiary legislation made under such an enactment —5

the Commissioner or Registrar (as the case requires) asdefined in the enactment as in force aftercommencement; or

(b) in the case of any other enactment or subsidiarylegislation — the Commissioner as defined in the10

Consumer Affairs Act 1971 as in force aftercommencement.

230. Commissioner for Corporate Affairs and Registrar ofCo-operative and Financial Institutions

(1) A thing done or omitted to be done by, to or in relation to, the15

Commissioner for Corporate Affairs before commencementunder, or for the purposes of, the Companies (Co-operative)Act 1943 has the same effect after commencement as if it hadbeen done or omitted by, to or in relation to, the Registrar asdefined in that Act as in force after commencement.20

(2) A thing done or omitted to be done by, to or in relation to, theRegistrar of Co-operative and Financial Institutions beforecommencement under, or for the purposes of, the Co-operativeand Provident Societies Act 1903 has the same effect aftercommencement as if it had been done or omitted by, to or in25

relation to, the Registrar as defined in that Act as in force aftercommencement.

231. Consumer Affairs Act 1971

Each office in existence immediately before commencementbecause of section 15(1) of the Consumer Affairs Act 1971 does30

not cease merely because that subsection is repealed by this Act.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 5 Consumer and Employment ProtectionDivision 24 Transitional provisionss. 232

page 108

232. Petroleum Products Pricing Act 1983

Each office in existence immediately before commencementbecause of section 5(2)(b) of the Petroleum Products PricingAct 1983 does not cease merely because that paragraph isdeleted by this Act.5

233. Interpretation


“commencement” means the time at which this Division comesinto operation;

“Commissioner for Fair Trading” means the Commissioner10

for Fair Trading referred to in section 15 of the ConsumerAffairs Act 1971 as in force before commencement;

“Prices Commissioner” means the Prices Commissionerreferred to in section 5(1) of the Petroleum ProductsPricing Act 1983 as in force before commencement.15

Machinery of Government (Miscellaneous Amendments) Bill 2003Energy Part 6

Electricity Act 1945 Division 1s. 234

page 109

Part 6 — Energy

Division 1 — Electricity Act 1945


The amendments in this Division are to the ElectricityAct 1945*.5



(1) Section 5(1) is amended by inserting the following definition inthe appropriate alphabetical position —

“10

“Minister” has a meaning that is modified bysubsections (2) and (3);

”.

(2) At the end of section 5 the following subsections are inserted —

“15

(2) A reference in a provision of this Act to the Minister isa reference to —

(a) if, for the time being, different Ministersadminister the provision in respect of differentmatters — the Minister administering the20

provision in respect of the matter in respect ofwhich the provision is being applied; or

(b) if paragraph (a) does not apply — the Ministeradministering the provision.

(3) A reference in a regulation made under section 32 to25

the Minister is a reference to —

(a) if, for the time being, different Ministersadminister section 32 in respect of differentmatters — the Minister administering

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 6 EnergyDivision 2 Energy Coordination Act 1994s. 236

page 110

section 32 in respect of the matter in respect ofwhich the regulation is being applied; or

(b) if paragraph (a) does not apply — the Ministeradministering section 32.

(4) Subsections (2) and (3) do not limit the operation of5

section 12 of the Interpretation Act 1984. ”.



(a) by deleting “matters” in the first place where it occurs;10

(b) in paragraph (r) by deleting “generally in regard to anyother matters” and inserting instead —

“ generally, ”.

(2) Section 32(6)(a) is amended as follows:

(a) by inserting after “Minister” —15

“ or Ministers ”;

(b) by inserting before “committed” —

“ , or provisions of it are, ”.

Division 2 — Energy Coordination Act 1994


The amendments in this Division are to the EnergyCoordination Act 1994*.

[* Reprinted as at 5 May 2000.For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 119, and25

Act No. 53 of 2003.]


Energy Coordination Act 1994 Division 2s. 238

page 111



(a) by inserting before “In” the subsectiondesignation “(1)”;

(b) by inserting the following definition in the appropriate5


““Minister” has a meaning that is modified by

subsections (2) and (3); ”.10


“(2) A reference in a provision of this Act to the Minister is

a reference to —

(a) if, for the time being, different Ministers15

administer the provision in respect of differentmatters — the Minister administering theprovision in respect of the matter in respect ofwhich the provision is being applied; or

(b) if paragraph (a) does not apply — the Minister20

administering the provision.

(3) A reference in a regulation made under section 26 tothe Minister is a reference to —

(a) if, for the time being, different Ministersadminister section 26 in respect of different25

matters — the Minister administeringsection 26 in respect of the matter in respect ofwhich the regulation is being applied; or

(b) if paragraph (a) does not apply — the Ministeradministering section 26.30


page 112

(4) Subsections (2) and (3) do not limit the operation ofsection 12 of the Interpretation Act 1984.

”.

239. Part 1A inserted

After section 3 the following Part is inserted —5

“Part 1A — Coordinator of Energy

4. Coordinator of Energy

A Coordinator of Energy is to be appointed underPart 3 of the Public Sector Management Act 1994.10

4A. Coordinator’s functions

The functions of the Coordinator are —

(a) to assist the Minister in planning andcoordinating the provision of energy in theState;15

(b) to perform the functions vested in theCoordinator by or under this Act or any otherwritten law;

(c) to advise the Minister on all aspects of energypolicy, including — 20

(i) the energy needs of the State;

(ii) ways of using energy and sources ofenergy, including renewable energy;

(iii) the introduction and encouragement ofcompetition in the energy industry;25

(iv) ways of promoting and achieving openaccess to transmission and distributionsystems;

(v) ways of achieving greater efficiency inthe use of energy;30



page 113

(vi) the use of energy policy to assist inachieving other policy objectives ofgovernment;

(vii) matters relating to the operation ofrelevant legislation;5

(d) for the purposes of paragraphs (a), (b)and (c) —

(i) to monitor the operation of the State’senergy industry and its participants; and

(ii) to consult with interested groups and10

persons;

(e) to undertake, sponsor and coordinate research,development and demonstration relating toenergy;

(f) to promote the development of commercial15

applications of renewable energy;

(g) to produce and publish information and reportson energy-related matters;

(h) to provide support in the resolution of disputesabout energy-related matters.20

4B. Staff for the Coordinator

Officers may be appointed or made available underPart 3 of the Public Sector Management Act 1994 toenable the Coordinator to perform his or her functions.

4C. Delegation by the Coordinator25

(1) The Coordinator may by instrument in writing delegateto an officer referred to in section 4B the performanceof any of his or her functions including functions undera written law, but not including the power to delegateunder this section.30

(2) The Coordinator’s powers under subsection (1) alsoextend to delegation of functions to the Director.


page 114

(3) A delegation may be general or as otherwise providedby the instrument of delegation.

(4) A delegate remains subject to the direction and controlof the delegator.

(5) Performance of a function by a delegate is to be treated5

as performance by the delegator.

4D. Minister may give directions to the Coordinator

(1) The Minister may give directions in writing to theCoordinator with respect to the performance of his orher functions, either generally or in relation to a10

particular matter, and he or she is to give effect to anysuch direction.

(2) The text of any direction given under subsection (1) isto be —

(a) laid before each House of Parliament within 1415

sitting days of that House after the direction isgiven; and

(b) included in the annual report submitted by therelevant accountable officer under section 62 ofthe Financial Administration and Audit20

Act 1985.

4E. Minister to have access to information fromCoordinator

(1) The Minister is entitled —

(a) to have information in the possession of the25

Coordinator; and

(b) where the information is in or on a document,to have, and make and retain copies of, thatdocument.



page 115

(2) For the purposes of subsection (1) the Minister may —

(a) request the Coordinator to furnish informationto the Minister;

(b) request the Coordinator to give the Ministeraccess to information; and5

(c) for the purposes of paragraph (b) make use ofthe staff referred to in section 4B to obtain theinformation and furnish it to the Minister.

(3) The Coordinator is to comply with a request undersubsection (2) and make staff and facilities available to10

the Minister for the purposes of paragraph (c) of thatsubsection.


“document” includes any tape, disc or other device ormedium on which information is recorded or15

stored mechanically, photographically,electronically or otherwise;

“information” means information specified, or of adescription specified, by the Minister that relatesto the functions of the Coordinator.20

”.


Section 4A is amended as follows:

(a) by deleting paragraph (e) and inserting the followingparagraph instead —25

“(e) to promote energy research and development as

provided by Schedule 1; ”;


page 116

(b) after paragraph (g) by inserting the followingparagraph —

“(ga) to maintain a collection of the information and

reports referred to in paragraph (g) and the5

information and reports produced by the SolarInstitute formerly established by the SolarEnergy Research Act 1977;

”.

241. Heading to Part 2 amended10

The heading to Part 2 is amended by deleting “Coordinator ofEnergy, and”.

242. Sections 4 and 6 repealed

Sections 4 and 6 are repealed.


Section 8 is amended by deleting “the Coordinator and”.


(1) Section 9(1) is amended by deleting “Each of the Coordinatorand the Director” and inserting instead —

“ The Director ”.20



(1) Section 10(1) is amended by deleting “the Coordinator or”.

(2) Section 10(1a) is repealed.


(1) Section 11(1) and (2)(a) and (b) are amended by deleting “theCoordinator or”.



page 117

(2) Section 11(3) is amended by deleting “The Coordinator or theDirector” and inserting instead —

“ The Director ”.

(3) Section 11(4) is amended in the definition of “information” bydeleting “the Coordinator or”.5

247. Section 11X amended

Section 11X(4)(a) is amended by deleting “Corporations” andinserting instead —

“ Operators ”.

248. Section 11ZK amended10

Section 11ZK(2) is amended by deleting “responsible for theadministration of this Act”.

249. Heading to Part 2A Division 10 amended

The heading to Part 2A Division 10 is amended by deleting“Corporations” and inserting instead —15

“ Operators ”.

250. Section 11ZO amended

Section 11ZO(1), (2) and (4) are amended by deleting“Corporations” and inserting instead —

“ Operators ”.20


Section 12(1) is repealed.


page 118


Section 13(1) is amended by deleting “The Coordinator or theDirector, as the case may require,” and inserting instead —



(1) Section 19(1) is amended by deleting all of the subsection fromand including “manner to — ” and inserting instead —

“ manner to the Director. ”.

(2) Section 19(2) is amended by deleting “The Coordinator or theDirector, as the case may be,” and inserting instead —10


254. Heading to Part 4 replaced and heading to Division 1inserted

The heading to Part 4 is deleted and the following headings areinserted instead —15

“Part 4 — Information

Division 1 — Obtaining information — Coordinator ”.

255. Heading to Division 2 inserted20

After section 23 the following heading is inserted —

“Division 2 — Confidentiality — Coordinator

and Director ”.25



page 119

256. Heading to Schedule 2 amended

The heading to Schedule 2 is amended by deleting“Corporations” and inserting instead —

“ Operators ”.

257. Various references to Coordinator in Schedule 3 changed to5

Minister

Each provision of Schedule 3 listed in the Table to this sectionis amended by deleting “Coordinator” in each place where itoccurs and inserting instead —

“ Minister ”.10

Table

cl. 1(1) (defn. of “emergency”) cl. 4

cl. 2(1) and (2) cl. 6

cl. 3(1), (3)(a) and (4) cl. 7(4) and (5)

Note: The heading to section 11ZO will be altered by deleting “Corporations”and inserting instead “Operators”.

The heading to Schedule 3 clause 4 will be altered by deleting“Coordinator” and inserting instead “Minister”.15

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 7 EnvironmentDivision 1 Conservation and Land Management Act 1984s. 258

page 120

Part 7 — Environment

Division 1 — Conservation and Land Management Act 1984


The amendments in this Division are to the Conservation andLand Management Act 1984*.5

[* Reprint 4 as at 24 April 2003.]For subsequent amendments see Gazette 15 August 2003p. 3685-92.]


Section 3 is amended as follows:10



Department;15


“Executive Body” means the Conservation and LandManagement Executive Body established by20

section 36;

“Land Administration Minister” means the Ministerto whom the administration of the LandAdministration Act 1997 is committed;

”;25

(b) by deleting the definitions of “Department”, “Director ofForests”, “Director of National Parks”, “Director ofNature Conservation” and “Executive Director”.

Machinery of Government (Miscellaneous Amendments) Bill 2003Environment Part 7

Conservation and Land Management Act 1984 Division 1s. 260

page 121


Section 15(1) is amended by deleting “Minister administeringthe Land Administration Act 1997” and inserting instead —

“ Land Administration Minister ”.

261. Section 16A amended5

Section 16A(1) is amended by deleting “Minister to whom theadministration of that Act is committed” and insertinginstead —



Section 17(5) is amended by deleting “Minister administeringthe Land Administration Act 1997” and inserting instead —



Section 17A(2) is amended by inserting after “Department” —15

“ (as defined in section 3 of this Act) ”.


Section 22(1) is amended by deleting paragraph (a) andinserting the following paragraph instead —

“20

(a) is the CEO, a member of the staff of theConservation Commission or an officer of theDepartment;

”.


page 122


(1) Section 23(3) is amended by deleting “Executive Director’s”and inserting instead —

“ CEO’s ”.

(2) Section 23(5) is amended by inserting after “actions of ” —5

“ the CEO or ”.

(3) Section 23(6) is repealed and the following subsection isinserted instead —

“(6) In this section —10

“Director” means a senior executive officer (withinthe meaning of the Public Sector ManagementAct 1994) designated by the CEO to be a Directorfor the purposes of this section.

”.15

266. Section 26D amended

Section 26D(5)(a) is amended by deleting “ExecutiveDirector’s” and inserting instead —

“ CEO’s ”.

267. Headings to Part IV and Division 1 replaced20

The headings to Part IV and Division 1 are deleted and thefollowing headings are inserted instead —

“Part IV — Administration

Division 1 — Functions and powers25

”.





page 123



(a) in paragraph (ba) by inserting after “facilities” —

“ of the Department ”;

(b) in paragraph (bb) by deleting “Department’s” and5


“ CEO’s ”;

(c) in paragraph (d) by deleting “, and in particular to be theinstrument by which the administration of the WildlifeConservation Act 1950 is carried out by the Executive10

Director pursuant to section 7 of that Act”;

(d) in paragraph (g) by deleting “Minister to whom theadministration of the Land Administration Act 1997 iscommitted” and inserting instead —

“ Land Administration Minister ”.15

(2) Section 33(2) is amended by deleting “Minister referred to insubsection (1)(g)” and inserting instead —





Section 34A(1) is amended by deleting “The powers conferredby section 34 include power for the Executive Director” andinserting instead —

“ The powers of the CEO include power ”.25


page 124


Section 34B(1) is amended by deleting “The powers conferredby sections 34 and 34A include power for the ExecutiveDirector” and inserting instead —

“ The powers of the CEO include power ”.5

273. Part IV Division 2 replaced

Part IV Division 2 is repealed and the following Division isinserted instead —

“Division 2 — The Conservation and Land Management10

Executive Body

36. The Conservation and Land Management ExecutiveBody

(1) The Conservation and Land Management ExecutiveBody is established.15

(2) The Executive Body is a body corporate with perpetualsuccession.

(3) Proceedings may be taken by or against the ExecutiveBody in its corporate name.

(4) The Executive Body is to be governed by the CEO.20

(5) The Executive Body is an agent of the State and has thestatus, immunities and privileges of the State.

37. Purpose and nature of the Executive Body

The Executive Body is established to provide a bodycorporate through which the CEO can perform any of25

the CEO’s functions under this Act or the WildlifeConservation Act 1950 that can more conveniently beperformed by a body corporate than an individual.



page 125

38. Execution of documents by the Executive Body

(1) The Executive Body is to have a common seal.

(2) A document is duly executed by the Executive Bodyif —

(a) the common seal of the Executive Body is5

affixed to it in accordance with subsections (3)and (4);

(b) it is signed on behalf of the Executive Body bythe CEO; or

(c) it is signed on behalf of the Executive Body, as10

authorised under subsection (5), by an officerof the Department.

(3) The common seal of the Executive Body is not to beaffixed to a document except as authorised by theExecutive Body.15

(4) The common seal of the Executive Body is to beaffixed to a document in the presence of the CEO, andthe CEO is to sign the document to attest that thecommon seal was so affixed.

(5) The Executive Body may, by writing under its common20

seal, authorise an officer of the Department to signdocuments on behalf of the Executive Body, eithergenerally or subject to any conditions or restrictionsspecified in the authorisation.

(6) A document purporting to be executed in accordance25

with this section is to be presumed to be duly executeduntil the contrary is shown.

(7) A document executed by the CEO or another personunder this section without the common seal of theExecutive Body is not to be regarded as a deed unless it30

is executed as a deed as authorised undersubsection (5).


page 126

(8) When a document is produced bearing a sealpurporting to be the common seal of the ExecutiveBody, it is to be presumed that the seal is the commonseal of the Executive Body until the contrary is shown.

(9) For the purposes of this Act, a facsimile of —5

(a) the Executive Body’s common seal; or

(b) the signature of the CEO or a person authorisedunder subsection (5) to execute deeds or otherdocuments,

may be used, and a deed or other document purporting10

to be endorsed with such a facsimile is, until thecontrary is shown, to be regarded as bearing thefacsimile under this subsection.

”.

274. Section 42 repealed15



Section 49(c) is amended by deleting “Executive Directorreferred to in” and inserting instead —

“ CEO as defined in section 4(1) of ”.20



(a) by deleting “34,”;

(b) by inserting after “officer of the Department” in the firstplace where it occurs —25

“ , on behalf of or as representative of the CEO, ”;

(c) by deleting “on behalf of or as representative of theDepartment”.



page 127


Section 64(1)(ga) is amended by deleting “the Department orthe Executive Director, as the case requires,” and insertinginstead —

“ the CEO ”.5


Section 65(a) is amended by deleting “at the Treasury”.


Section 71(1) is amended by deleting “section 34” and insertinginstead —10

“ the powers of the CEO ”.


Section 72(1) is amended by deleting “by the Department of itsfunctions” and inserting instead —

“ of the CEO’s functions ”.15


Section 75 is amended by deleting “of Conservation and LandManagement”.


After section 133(2) the following subsection is inserted —20

“(3) Without limiting the things that may be delegated

under subsection (2), they may include things that areto be done in the course of governing the affairs of theExecutive Body under section 36(4).25

”.


page 128


Section 142(2) is amended by deleting “Minister to whom theadministration of the Land Administration Act 1997 is for thetime being committed” and inserting instead —

“ Land Administration Minister ”.5

284. Various references to Department changed to CEO

Each provision listed in the Table to this section is amended bydeleting “Department” in each place where it occurs andinserting instead —

“ CEO ”.10

Table

s. 16(1) s. 54(3)(a) and (b)

s. 19(1)(g)(i), (ii) and (iii), and s. 63

(3) s. 64(1)(d), (da) and (g)

s. 25(4) (defn. of “staff ”) s. 84(1)

s. 26B(1)(f)(i) and (2) s. 87(2)(b)

s. 26D(4) s. 102(1) (defn. of “land to

s. 33(1) and (2) which this Part applies”)

s. 35(1) and (2)



“ CEO ”.

Table

s. 9(3)(a) s. 91(2)

s. 14(2) s. 93

s. 16(1), (2), (3) and (4) s. 94(1) and (2)

s. 16B(1) s. 95(2)(b)



page 129

s. 17A(7)(b) s. 97(1)

s. 20(7)(c) s. 97A(1), (2), (3), (7), (8) and

s. 23(1), (2) and (3) (10)

s. 26D(5)(a) s. 99(1)

s. 33(6) s. 99A(1), (2), (3), (4) and (6)

s. 33A(3)(a) s. 100(1)

s. 34A(1) s. 101(1), (1a), (1b), (2), (3)

s. 34B(2), (3), (4b), (6a) and (5)

and (7a) s. 101B(1) and (2a)

s. 35(1) s. 103(2a)(a), (2b) and (3)

s. 43(2) s. 104(2)

s. 45(1) and (3a) s. 107(b)

s. 46(1) s. 108A(2)

s. 48(1), (2) and (3) s. 108B

s. 50(2) s. 108C(1) and (2)

s. 58(1), (2) and (3) s. 110

s. 64(1)(b) and (2)(c) s. 113(1)

s. 66(1), (2) and (3) s. 114A(2), (5) and (6)

s. 67 s. 118(2)

s. 68(3) s. 119A

s. 69(2) s. 120

s. 70 s. 131(1)

s. 71(1), (2) and (3) s. 132

s. 72(1), (2), (3) and (4) s. 133(1) and (2)

s. 73(1) and (2) s. 134(1)

s. 74(2) and (3) s. 136(1)

s. 82(1) s. 137

s. 83(1) s. 138(1)

s. 84(1) s. 140

s. 87A(1) s. 142(2)

s. 88(1) and (1a) s. 150(a), (b), (c) and (d)

s. 89(2)(a) and (c) s. 151(a)(i) and (b)(i)

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 7 EnvironmentDivision 2 Environmental Protection Act 1986s. 286

page 130

Note: The headings to sections 23, 72 and 137 will be altered by deleting“Executive Director” and inserting instead “CEO”.

The heading to section 33 will be altered by deleting “Department” andinserting instead “the CEO”.

The heading to section 35 will be altered by deleting “Department” and5inserting instead “The CEO”.

Division 2 — Environmental Protection Act 1986


The amendment in this Division is to the EnvironmentalProtection Act 1986*.10

[* Reprinted as at 11 January 2002.For subsequent amendments see Act No. 54 of 2003.]

287. Section 110H amended

Section 110H(1) is amended by deleting “at the Treasury,”.

Division 3 — Litter Act 197915


The amendments in this Division are to the Litter Act 1979*.

[* Reprinted as at 4 January 1999.For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 220 and20

Act No. 54 of 2003.]


Section 9(1)(h) and (i) are deleted and the following paragraphsare inserted instead —

“25

(h) one shall be appointed on the nomination of theDepartmental CEO as defined in section 1.4 ofthe Local Government Act 1995;


Litter Act 1979 Division 3s. 290

page 131

(i) one shall be appointed on the nomination of theCEO as defined in section 3 of theConservation and Land Management Act 1984;

”.

290. Sections 15 and 16 amended5

Sections 15(5) and 16(2) are amended by deleting “PublicService Act 1978” and inserting instead —

“ Public Sector Management Act 1994 ”.


Section 26(2)(c)(i) to (iv) are deleted and the following10

subparagraphs are inserted instead —

“(i) an inspector, under the Environmental

Protection Act 1986;

(ii) a conservation and land management15

officer, forest officer, wildlife officer orranger, under the Conservation andLand Management Act 1984;

”.

292. Third Schedule amended20

The Third Schedule is amended as follows:

(a) by deleting the row relating to the EnvironmentalProtection Act 1971 and inserting instead —

“Inspectors under theEnvironmental ProtectionAct 1986

The CEO as defined insection 3 of theEnvironmental ProtectionAct 1986

”;25

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 7 EnvironmentDivision 4 Sandalwood Act 1929s. 293

page 132

(b) by deleting the rows relating to the Forests Act 1918, theWildlife Conservation Act 1950 and the National ParksAuthority Act 1976 and inserting instead —

“Conservation and landmanagement officers, forestofficers, wildlife officers orrangers under the Conservationand Land Management Act 1984

The CEO as defined insection 3 of the Conservationand Land ManagementAct 1984

”;5

(c) in column 2 of the row relating to the Fish ResourcesManagement Act 1994 by deleting “Executive Directorreferred to in” and inserting instead —

“ CEO as defined in section 4(1) of ”;

(d) in column 2 of the row relating to the Western10

Australian Marine Act 1982 by deleting “Manager of theDepartment of Marine and Harbours” and insertinginstead —

“chief executive officer as defined in section 3(1)of the Western Australian Marine Act 1982

”.15

Division 4 — Sandalwood Act 1929


The amendments in this Division are to the SandalwoodAct 1929*.

[* Reprinted as at 4 January 2002.]20


Section 3(1)(b) is amended by deleting “Executive Director”and inserting instead —

“ CEO ”.


Wildlife Conservation Act 1950 Division 5s. 295

page 133

Division 5 — Wildlife Conservation Act 1950


The amendments in this Division are to the WildlifeConservation Act 1950*.

[* Reprinted as at 20 November 1998.5






““CEO” has the meaning given by section 3 of the

Conservation and Land Management Act 1984;”;15




“ CEO ”.

Table

s. 7 s. 23C(3)(a) and (4)

s. 15(3)(a) s. 26(3)

s. 23(2) s. 27B

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 7 EnvironmentDivision 6 Zoological Parks Authority Act 2001s. 298

page 134

Division 6 — Zoological Parks Authority Act 2001


The amendments in this Division are to the Zoological ParksAuthority Act 2001*.

[* Act No. 24 of 2001.5

For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 443 andGazette 15 August 2003 p. 3685-92.]


Section 33(1) is repealed and the following subsection is10


“(1) The funds referred to in section 32 are to be credited to

an account called the “Zoological Parks AuthorityAccount” —15

(a) forming part of the Trust Fund constitutedunder section 9 of the Financial Administrationand Audit Act 1985; or

(b) with the approval of the Treasurer, at a bank orother financial institution.20

”.


300. Conservation and Land Management Act 1984

(1) A thing done or omitted to be done before commencement by,to or in relation to the Executive Director (other than as the25

body corporate referred to in section 38 of the Conservation andLand Management Act 1984 as in force before commencement)under, or for the purposes of, an enactment has the same effectafter commencement, to the extent that it has any force orsignificance after commencement, as if it had been done or30



page 135

omitted by, to or in relation to the CEO under, or for thepurposes of, that enactment.

(2) The Conservation and Land Management Executive Bodyestablished by section 36 of the Conservation and LandManagement Act 1984 (as in force after commencement) is a5

continuation of, and the same legal person as, the bodycorporate referred to in section 38 of that Act (as in force beforecommencement).

(3) Land placed under the management of the Department undersection 33(2) of the Conservation and Land Management10

Act 1984 before commencement is to be taken to have beenplaced, on commencement, under the management of the CEOunder that Act.

(4) The Registrar of Titles, the Minister administering the LandAdministration Act 1997 and Registrar of Deeds and Transfers15

may make any entry in, or any endorsement or notation on, thetitle, land register or other record in respect of land that isnecessary because of subsection (3).

(5) A reference in a written law or any other instrument to landunder the management of the Department under the20

Conservation and Land Management Act 1984 is to be read as areference to land under the management of the CEO.

(6) A reference in a written law or any other instrument to theDirector of Nature Conservation, the Director of Forests or theDirector of National Parks is to be read as a reference to the25

CEO.


“CEO” has the meaning given by section 3 of the Conservationand Land Management Act 1984 as in force aftercommencement;30

“commencement” means the time at which section 259 comesinto operation;

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 7 EnvironmentDivision 7 Transitional provisionss. 300

page 136

“Executive Director” means the Executive Director referred toin section 36 of the Conservation and Land ManagementAct 1984 as in force before commencement,

and, unless the contrary intention appears, other words andexpressions in this section have the same respective meanings as5

they have in the Conservation and Land Management Act 1984.

Machinery of Government (Miscellaneous Amendments) Bill 2003Health Part 8

Dental Prosthetists Act 1985 Division 1s. 301

page 137

Part 8 — Health

Division 1 — Dental Prosthetists Act 1985


The amendments in this Division are to the Dental ProsthetistsAct 1985*.5




(a) by inserting the following definition in the appropriatealphabetical position —10


Health Legislation Administration Act 1984; ”;

(b) by deleting the definition of “Commissioner”.15


Section 5(2)(b) is deleted and the following paragraph isinserted instead —

“(b) 1 person shall be appointed on the nomination20

of the chief executive officer of the departmentas defined in section 5(1) of the VocationalEducation and Training Act 1996;

”.

304. Various references to Commissioner changed to CEO25

Each provision listed in the Table to this section is amended bydeleting “Commissioner” in each place where it occurs andinserting instead —

“ CEO ”.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 8 HealthDivision 2 Health Act 1911s. 305

page 138

Table

s. 5(2)(c)(ii) s. 22(1), (2) and (4)(b)

s. 12(1)(d) and (e) s. 23(1)

s. 13(1), (2)(b) and (5) s. 24(b) and (c)

s. 14(1), (2) and (3)(b) s. 26

s. 15(1) and (2) s. 27(1), (3) and (6)

s. 17 s. 28(1)(b) and (2)

s. 18(1) s. 29(1), (2) and (3)

s. 20(1) and (2) s. 30(1)

s. 21

Division 2 — Health Act 1911


The amendments in this Division are to the Health Act 1911*.


For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 168 andAct No. 28 of 2003.]





Health Legislation Administration Act 1984;15

”;

(b) by deleting the definition of “Commissioner”.


Health Act 1911 Division 2s. 307

page 139

307. Heading to Part II Division 1 amended

The heading to Part II Division 1 is amended by deleting“Commissioner” and inserting instead —

“ CEO ”.



“ CEO ”.

Table10

s. 5(3) s. 344B

s. 39(1) and (2) s. 349(1)

s. 324A s. 351(1), (2) and (5)

s. 330B(2) s. 354(8)

s. 337A(2) s. 357

s. 340B(3)(c) s. 362(2)

s. 340AB(3)(b), (3)(f) and s. 365(1)

(4)(c) s. 366(1) and (2)

s. 340BB(3)(b) s. 369(1)(c)

s. 341(2) s. 372(2)

s. 342(1)(b), (2) and (4) s. 376

s. 344(1)(b) s. 377(1) and (2)

s. 344A(2) and (3)

Note: The heading to section 324A will be altered by deleting“Commissioner” and inserting instead “CEO”.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 8 HealthDivision 3 Health Legislation Administration Act 1984s. 309

page 140

Division 3 — Health Legislation Administration Act 1984


The amendments in this Division are to the Health LegislationAdministration Act 1984*.

[* Reprinted as at 11 January 2002.]5




“10


”;

(b) in the definition of “prescribed officer” by deleting“6(1)(a), (b)” and inserting instead —15

“ 6(1)(b) ”.


Section 6(1)(a) is deleted.


Section 9(1) is amended by inserting after “the Minister” —20

“ , the CEO ”.

Division 4 — Health Services (Conciliation and Review) Act 1995


The amendments in this Division are to the Health Services(Conciliation and Review) Act 1995*.25

[* Reprinted as at 1 June 2001.For subsequent amendments see Act No. 28 of 2003.]


Health Services (Conciliation and Review) Act 1995 Division 4s. 314

page 141




“5

“Health Department” has the meaning given to“Department” by section 3 of the HealthLegislation Administration Act 1984;

”;

(b) in the definition of “provider” by deleting paragraph (c)10

and inserting the following paragraph instead —

“(c) the chief executive officer of the Health

Department in respect of any health servicesprovided or rendered by persons carrying out15

the functions of the Health Department, butnot including a health service provided orrendered in a public hospital under theHospitals and Health Services Act 1927;

”.20


(a) in paragraph (b) by deleting “Commissioner of Health”and inserting instead —

“ chief executive officer of the Health Department ”;

(b) by deleting “Commissioner” and inserting instead —25

“ chief executive officer ”.


Section 13(1) is amended by deleting “at the Treasury”.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 8 HealthDivision 5 Hospital Fund Act 1930s. 316

page 142


Section 25(2) is amended by deleting “Commissioner ofHealth” and inserting instead —

“ chief executive officer of the Health Department ”.

Division 5 — Hospital Fund Act 19305


The amendment in this Division is to the Hospital FundAct 1930*.

[* Reprint in Appendix to Session Volume 1937-1938.For subsequent amendments see Western Australian10

Legislation Information Tables for 2002, Table 1, p. 172 andAct No. 28 of 2003.]


Section 3(2) is amended by deleting “, to be kept at theTreasury”.15

Division 6 — Hospitals and Health Services Act 1927


The amendments in this Division are to the Hospitals andHealth Services Act 1927*.

[* Reprinted as at 15 October 1999.20

For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 174 andAct No. 28 of 2003.]


Hospitals and Health Services Act 1927 Division 6s. 320

page 143




“5

“CEO” has the meaning given by section 3 of theHealth Legislation Administration Act 1984;

”;




“ CEO ”.

Table15

s. 26B(2), (3) and (4) s. 26I(2)

s. 26C s. 26J(1)

s. 26D(1), (2), (4), (5)(a) s. 26K(1)(c)

and (b), (6) and (7) s. 26N(1) and (2)

s. 26DA(2), (3) and (4) s. 26O(2)(a)

s. 26F(1) s. 35A

s. 26FA(1) s. 37(2f)(d)

s. 26G(1), (3) and (4) s. 38(1)(c)

s. 26H(2)(a) and (3)

Note: The heading to section 26G will be altered by deleting “Commissioner”and inserting instead “CEO”.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 8 HealthDivision 7 Human Reproductive Technology Act 1991s. 322

page 144

Division 7 — Human Reproductive Technology Act 1991


The amendments in this Division are to the HumanReproductive Technology Act 1991*.

[* Reprinted as at 12 July 2002.]5


(1) Section 3(1) is amended in the definition of “authorised officer”as follows:

(a) in paragraph (a) by deleting “Commissioner of Health”and inserting instead —10

“ CEO ”;

(b) in paragraph (b) by deleting “Commissioner” andinserting instead —

“ CEO ”;

(c) by deleting paragraph (c) and inserting the following15

paragraph instead —

“(c) in relation to the powers referred to in

section 44(3)(c) or 49(4)(b), including areference to the chief executive officer of the20

Department as defined in section 3 of theCommunity Services Act 1972, or anotherofficer of that Department whom that chiefexecutive officer has authorised in writing;

”.25

(2) Section 3(1) is amended in the definition of “licensingauthority” as follows:

(a) in paragraphs (a), (b) and (c) by deleting “Commissionerof Health” and inserting instead —

“ CEO ”;30


Human Reproductive Technology Act 1991 Division 7s. 324

page 145

(b) in paragraph (c) by deleting “Commissioner” andinserting instead —

“ CEO ”.





Health Legislation Administration Act 1984; ”;10

(b) by deleting the definitions of “Commissioner of Health”,“Commissioner” and “Director-General”.


Section 13(4) is amended by deleting “department of the PublicService of the State principally assisting the Minister in the15

administration of the Health Act 1911” and inserting instead —

“Department as defined in section 3 of the HealthLegislation Administration Act 1984

”.20

325. Various references to Commissioner of Health changed toCEO

(1) Each provision listed in the Table to this subsection is amendedby deleting “Commissioner of Health” in each place where itoccurs and inserting instead —25

“ CEO ”.

Table

s. 5(1), (2) and (5) s. 39(1)

s. 6(4) s. 40(1)

s. 10(2) s. 41(1) and (3)

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 8 HealthDivision 7 Human Reproductive Technology Act 1991s. 325

page 146

s. 11(1)(c) s. 42(1), (3) and (5)

s. 12(2)(b) s. 43(1)

s. 13(1) and (4) s. 44(1), (2), (3), (4) and (5)

s. 14(1)(b) s. 45(1)

s. 24(2) s. 46(3)(b)

s. 25(c) s. 47(1)

s. 26(2) s. 48

s. 27(1) s. 49(4)(a)

s. 29(1)(a) s. 51(5) and (6)

s. 30(1)(a) s. 53(4)

s. 31(1) s. 54(6)

s. 32(2) s. 56(1)(a)

s. 35(1)(a) s. 57(4), (5), (7), (8), (9) and (10)

s. 36(1), (2) and (3) s. 59(1), (2) and (4)

s. 37(1) Sch. cl. 11(1)

s. 38(1)

(2) Each provision listed in the Table to this subsection is amendedby deleting “Commissioner” in each place where it occurs andinserting instead —

“ CEO ”.

Table5

s. 5(2), (6), (7), (8) and (9) s. 30(1) and (2)(b)

(defn. of “information”) s. 33(2)(f), (g), (h) and (j)

s. 10(2) s. 37(1), (2) and (3)

s. 11(1) and (2)(a) s. 38(1) and (7)

s. 12(2)(b) and (c) s. 39(2)(d)(iii)

s. 13(2), (3), (4), (6), (7) and (8) s. 41(2) and (3)

s. 14(3)(b) s. 42(1)

s. 20(5)(a) s. 44(4) and (5)

s. 24(3) s. 51(5) and (6)

s. 27(4)(a) s. 59(4)

s. 28(1) s. 60(3) and (4)(b)


Medical Act 1894 Division 8s. 326

page 147

s. 29(1)(c) and (2) Sch. cl. 11(1) and (2)

Note: The heading to section 13 will be altered by deleting “Commissioner ofHealth” and inserting instead “CEO”.

Division 8 — Medical Act 1894


The amendments in this Division are to the Medical Act 1894*.5

[* Reprinted as at 25 February 2000.For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 230 andActs Nos. 9 and 28 of 2003.]


Section 4(1a)(d) is amended by deleting “chief executive officerof the department principally assisting the Minister chargedwith the administration” and inserting instead —

“ Commissioner as defined in section 4(1) ”.

Division 9 — Mental Health Act 199615


The amendments in this Division are to the Mental HealthAct 1996*.

[* Act No. 68 of 1996.For subsequent amendments see Western Australian20

Legislation Information Tables for 2002, Table 1, p. 239 andActs Nos. 21 and 28 of 2003.]

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 8 HealthDivision 10 Nurses Act 1992s. 329

page 148




“5


”;




“ CEO ”.

Table15

s. 10(a) and (e) s. 173(1) and (2)

s. 11 s. 174(1), (3) and (4)(g)

Note: The headings to sections 11 and 173 will be altered by deleting“Commissioner” and inserting instead “CEO”.

Division 10 — Nurses Act 1992


The amendments in this Division are to the Nurses Act 1992*.20

[* Reprinted as at 18 May 1994.For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 268 andAct No. 9 of 2003.]


Poisons Act 1964 Division 11s. 332

page 149




“5


”;

(b) in the definition of “designated area” by deleting“Commissioner of Health” and inserting instead —10

“ CEO ”.


Section 9(2a) is amended by deleting “Commissioner of Health(within the meaning of the Health Act 1911)” and insertinginstead —15

“ CEO ”.

Division 11 — Poisons Act 1964


The amendments in this Division are to the Poisons Act 1964*.


For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 300 andAct No. 9 of 2003 and Gazette 10 October 2003 p. 4403-4.]

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 8 HealthDivision 11 Poisons Act 1964s. 335

page 150




“5


”;

(b) by deleting the definition of “Commissioner of Health”.

336. Section 55E amended10

(1) Section 55E(1) is amended by deleting “Commissioner ofHealth’s” and inserting instead —

“ CEO’s ”.

(2) Section 55E(1), (2) and (3) are amended by deleting“Commissioner” in each place where it occurs and inserting15

instead —

“ CEO ”.

337. Various references to Commissioner of Health changedto CEO

Each provision listed in the Table to this section is amended by20

deleting “Commissioner of Health” in each place where itoccurs and inserting instead —

“ CEO ”.

Table

s. 7(1) s. 40(ba)

s. 8(2)(a) and (4) s. 41A(1) and (2)

s. 19 s. 50(3)

s. 23(2) and (4) s. 59

s. 24(1), (2), (3), (4), (5) and (6) s. 61(b)(v)


Tobacco Control Act 1990 Division 12s. 338

page 151

s. 25(1) and (2) s. 61A

s. 26A(1)(b), (2) and (3) s. 61B

s. 26B(2) and (3) s. 63(1)

s. 27 s. 64(1a), (2)(ha), (hb), (ja), (k)

s. 28 and (r)

s. 29(1) s. 64B

s. 36A

Note: The headings to sections 28 and 29 will be altered by deleting“Commissioner of Health” and inserting instead “CEO”.

Division 12 — Tobacco Control Act 1990


The amendments in this Division are to the Tobacco Control5

Act 1990*.






““CEO (Health)” has the meaning given to “CEO” by

section 3 of the Health Legislation AdministrationAct 1984;15

”;

(b) by deleting the definition of “the Commissioner ofHealth”.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 8 HealthDivision 12 Tobacco Control Act 1990s. 340

page 152



(a) by deleting paragraph (h) and inserting the followingparagraph instead —

“5

(h) one shall be the CEO (Health) or the nomineeof the CEO (Health);

”;

(b) in paragraph (k) by deleting “department principallyassisting the Minister for the Family” and inserting10

instead —

“Department as defined in section 3 of theCommunity Services Act 1972

”.15

(2) Section 17(8)(b) is amended by deleting “Commissioner ofHealth” and inserting instead —



Section 19 is amended by deleting “Public Service20

Commissioner” and inserting instead —

“ Minister for Public Sector Management ”.




Section 29 is amended by deleting “Commissioner of Health”and inserting instead —




page 153


344. Commissioner of Health

(1) A thing done or omitted to be done by, to or in relation to, theCommissioner of Health before commencement under, or forthe purposes of, an enactment has the same effect after5

commencement, to the extent that it has any force orsignificance after commencement, as if it had been done oromitted by, to or in relation to, the CEO.


“CEO” has the meaning given by section 3 of the Health10

Legislation Administration Act 1984 as in force aftercommencement;


“Commissioner of Health” means the Commissioner of Health15

referred to in section 6(1)(a) of the Health LegislationAdministration Act 1984 as in force before commencement.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 9 Housing and WorksDivision 1 Country Housing Act 1998s. 345

page 154

Part 9 — Housing and Works

Division 1 — Country Housing Act 1998


The amendments in this Division are to the Country HousingAct 1998*.5

[* Reprinted as at 13 December 2002.For subsequent amendments see Acts Nos. 21 and 28 of2003.]


The long title is amended by deleting “for the establishment of10

an authority”.



(a) by deleting the definition of “Authority” and insertinginstead —15

““Authority” means the Housing Authority referred to

in section 6(4) of the Housing Act 1980; ”.

(b) by deleting the definition of “committee”.20

348. Heading to Part 2 amended

The heading to Part 2 is amended by deleting “Country”.

349. Part 2 Division 1 repealed

Part 2 Division 1 is repealed.



Machinery of Government (Miscellaneous Amendments) Bill 2003Housing and Works Part 9

Government Employees' Housing Act 1964 Division 2s. 351

page 155


Section 11(3) is amended in paragraphs (b) and (c) by deleting“with the approval of the Minister,”.



353. Part 2 Division 3 repealed

Part 2 Division 3 is repealed.





356. Schedule 1 repealed

Schedule 1 is repealed.

Division 2 — Government Employees' Housing Act 1964


The amendments in this Division are to the GovernmentEmployees’ Housing Act 1964*.

[* Reprinted as at 8 December 2000.For subsequent amendments see Act No. 28 of 2003.]

358. Long title amended20

The long title is amended by deleting “; to provide for theestablishment of the Government Employees’ HousingAuthority;”.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 9 Housing and WorksDivision 2 Government Employees' Housing Act 1964s. 359

page 156



(a) after paragraph (a) by inserting —

“ and ”;

(b) after paragraph (b) by deleting “; and” and inserting a5

full stop;

(c) by deleting paragraph (c).



(a) by deleting the definition of “Authority” and inserting10

instead —


in section 6(4) of the Housing Act 1980; ”;15

(b) in the definition of “Fund” by deleting “Authority”;

(c) by deleting the definition of “permanent head”.



362. Part II repealed20

Part II is repealed.


Section 18(1) and (2) are amended by deleting “permanenthead” and inserting instead —

“ chief executive officer of a Department ”.25


Housing Act 1980 Division 3s. 364

page 157


Section 19 is amended by inserting after “powers conferred onthe Authority by this” —

“ or any other ”.




Section 23(a) is amended by deleting “for the purposes of thisAct”.



(a) by deleting “and kept at the Treasury, forming” andinserting instead —

“ , as ”;

(b) by deleting “Authority” in the first place where it15

occurs.



Note: The heading to section 24 will be altered by deleting “Authority”.

Division 3 — Housing Act 198020


The amendments in this Division are to the Housing Act 1980*.

[* Reprinted as at 27 May 1999.For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 175, and25

Acts Nos. 20 and 28 of 2003.]

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 9 Housing and WorksDivision 3 Housing Act 1980s. 370

page 158


The long title is amended by deleting “preserve and continueThe State Housing Commission” and inserting instead —

“provide for the Housing Authority by merging the Country5

Housing Authority and the Government Employees’Housing Authority into The State Housing Commission

”.


Section 5(1)(a) is amended as follows:10



in section 6(4);15

“officer of the Authority” means —

(a) the chief executive officer of the Authority;

(b) an officer referred to in section 17(b); and

(c) an officer or employee referred to insection 18A(1) whose services the Authority20

is making use of; ”;

(b) in the definition of “the Fund” by deleting “The State”and inserting instead —

“ the ”;25

(c) by deleting the definitions of “appointed member”,“chairman”, “member”, “officer of the Commission”and “the Commission”.



page 159

372. Heading to Part II amended

The heading to Part II is amended by deleting “Commission”and inserting instead —

“ Authority ”.

373. Heading to Part II Division 1 replaced5

The heading to Part II Division 1 is deleted and the followingheading is inserted instead —

“Division 1 — The Housing Authority

”.10


(1) Section 6 is amended by inserting before “The” the subsectiondesignation “(1)”.


“15

(2) At the merger time the former bodies merge into TheState Housing Commission.

(3) The State Housing Commission, as renamed bysubsection (4), is a continuation of the former bodies.

(4) Immediately after the merger time The State Housing20

Commission is renamed as the Housing Authority.


“former bodies” means —

(a) the Country Housing Authority establishedby section 4 of the Country Housing25

Act 1998 as in force before the merger time;and

(b) the Government Employees’ HousingAuthority established by section 8 of the


page 160

Government Employees’ Housing Act 1964as in force before the merger time;

“merger time” means the time at which section 374 ofthe Machinery of Government (MiscellaneousAmendments) Act 2003 comes into operation.5

”.


Section 7(2) is amended by inserting before “affixed” in the firstplace where it occurs —

“10

or any of the former bodies (within the meaning ofsection 6)

”.

376. Sections 8 to 10 replaced

Sections 8 to 10 are repealed and the following sections are15


“8. Authority to be an SES organisation

The Authority is to be an SES organisation under thePublic Sector Management Act 1994.20

9. Management

(1) The Authority is to be governed by its chief executiveofficer.

(2) The chief executive officer, in the name of theAuthority, is to perform the functions of the Authority25

under this Act or any other written law.”.



page 161


The heading to Part II Division 2 is amended by deleting“Commission” and inserting instead —

“ Authority ”.


(1) Section 11(1) is amended by inserting after “Act” —

“, the Country Housing Act 1998 and the GovernmentEmployees’ Housing Act 1964

”.10

(2) Section 11(2) and (3) are repealed.



“11A. Minister may give directions15

(1) The Minister may give written directions to theAuthority with respect to the performance of itsfunctions under this or any other Act, either generallyor in relation to a particular matter, and the Authority isto give effect to any such direction.20

(2) The Minister must cause a copy of a direction undersubsection (1) to be laid before each House ofParliament, or dealt with under subsection (3), within14 days after the direction is given.

(3) If —25

(a) at the commencement of the period referred toin subsection (2) a House of Parliament is notsitting; and


page 162

(b) the Minister is of the opinion that that Housewill not sit during that period,

the Minister is to transmit a copy of the direction to theClerk of that House.

(4) A copy of a direction transmitted to the Clerk of a5

House is to be regarded —

(a) as having been laid before that House; and

(b) as being a document published by order orunder the authority of that House.

(5) The laying of a copy of a direction that is regarded as10

having occurred under subsection (4)(a) is to berecorded in the Minutes, or Votes and Proceedings, ofthe House on the first sitting day of the House after theClerk received the copy.

(6) The text of a direction under subsection (1) is to be15

included in the annual report submitted by theaccountable authority of the Authority under section 66of the Financial Administration and Audit Act 1985.

11B. Minister to have access to information

(1) The Minister is entitled —20

(a) to have information in the possession of theAuthority; and

(b) if the information is in or on a document, tohave, and make and retain copies of, thatdocument.25

(2) For the purposes of subsection (1) the Minister may —

(a) request the Authority to furnish information tothe Minister;

(b) request the Authority to give the Ministeraccess to information;30



page 163

(c) for the purposes of paragraph (b) make use ofthe staff of the Authority to obtain theinformation and furnish it to the Minister.

(3) The Authority has to comply with a request undersubsection (2) and make staff and facilities available to5

the Minister for obtaining information undersubsection (2)(c).


“document” includes any tape, disk or other device ormedium on which information is recorded or10

stored mechanically, photographically,electronically or otherwise;

“information” means information specified, or of adescription specified, by the Minister that relatesto the functions of the Authority under this or any15

other Act. ”.


Section 12 is amended by inserting after “for the purposes ofthis Act” —20

“, the Country Housing Act 1998 and the GovernmentEmployees’ Housing Act 1964

”.


(1) Section 12A(1) is amended by inserting after “the objects of thisAct” —

“, the Country Housing Act 1998 or the GovernmentEmployees’ Housing Act 196430

”.


page 164

(2) Section 12A(4) is amended by inserting after “exercise underthis Act” —


”.



(a) by inserting after “under this Act” —

“10

, the Country Housing Act 1998 or the GovernmentEmployees’ Housing Act 1964

”;

(b) by deleting “a member or”.


Section 16(1) is amended by inserting after “this Act” —


”.20


The heading to Part II Division 3 is amended by deleting“Commission” and inserting instead —

“ Authority ”.



(a) by inserting before “To enable” the subsectiondesignation “(1)”;



page 165

(b) in paragraph (a) by deleting “general manager” andinserting instead —

“ chief executive officer ”;

(c) in paragraph (b) by deleting “, employed or engaged,”;

(d) in paragraph (b) by deleting “, employees and other5

persons”.

(2) At the end of section 17 the following subsections areinserted —

“(2) The chief executive officer of the Authority cannot be10

excluded from the Senior Executive Service undersection 43(3) of the Public Sector ManagementAct 1994.

(3) The chief executive officer is responsible for, and hasthe necessary powers to administer, the day to day15

operations of the Authority. ”.


After section 18 the following section is inserted in Part II —

“20

18A. Use of other staff and facilities

(1) The Authority may by arrangement with the relevantemploying authority make use, either full-time orpart-time, of the services of any officer or employee —

(a) in the Public Service;25

(b) in a State agency or instrumentality; or

(c) otherwise in the service of the State.

(2) The Authority may by arrangement with —

(a) a department of the Public Service; or


page 166

(b) a State agency or instrumentality,

make use of any facilities of the department, agency orinstrumentality.

(3) An arrangement under subsection (1) or (2) is to bemade on such terms as are agreed to by the parties.5

(4) In this section, “employing authority”, “PublicService” and other expressions used in the PublicSector Management Act 1994 have the same respectivemeanings as they have in that Act.

”.10


Section 22(3) is amended by deleting “this Act” and insertinginstead —

“ this or any other Act ”.

388. Heading to Part IV amended15

The heading to Part IV is amended by deleting “Commission”and inserting instead —

“ Authority ”.



(a) by inserting after “this Act” in the first place where itoccurs —


”;

(b) by deleting “this Act” in the second place where itoccurs and inserting instead —

“ those Acts ”.



page 167


(1) Section 62(1) is amended by deleting “for that purpose”.

(2) Section 62(2) is amended by deleting “at the Treasury”.

(3) Section 62(2), (4), (5), (6) and (8) are amended by deleting “TheState” and inserting instead —5

“ the ”.



“10

69. Protection from personal liability

(1) An action in tort does not lie against a person otherthan the Authority for anything that the person hasdone, in good faith, in the performance or purportedperformance of a function under this Act.15

(2) The protection given by subsection (1) applies eventhough the thing done as described in that subsectionmay have been capable of being done whether or notthis Act had been enacted.

(3) Despite subsection (1), neither the Authority nor the20

Crown is relieved of any liability that it might have foranother person having done anything as described inthat subsection.

(4) In this section, a reference to the doing of anythingincludes a reference to an omission to do anything.25

”.

392. References to Commission changed to Authority

Each provision that contains a reference to the Commission(other than Part IX and provisions deleted or repealed by this

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 9 Housing and WorksDivision 4 Public Works Act 1902s. 393

page 168

Division) is amended by deleting “Commission” in each placewhere it occurs and inserting instead —

“ Authority ”.

Note: The heading to section 6 will be altered to read “The HousingAuthority”.5

The heading to section 11 will be altered to read “Authority toimplement housing Acts”.

The heading to section 17 will be altered to read “Chief executiveofficer of the Authority and other officers and employees”.

The heading to section 44 will be altered by deleting “Commission’s”10and inserting instead “Authority’s”.

The headings to sections 7, 12, 37, 45, 46, 49 and 60 will be altered bydeleting “Commission” and inserting instead “Authority”.

Division 4 — Public Works Act 1902


The amendments in this Division are to the Public WorksAct 1902*.



Section 2 is amended in the definition of “Public work” byinserting after paragraph (9) the following paragraph —

“

(9a) Public housing. ”.25

395. Section 9E amended

Section 9E(2)(a) is amended by deleting “for the purposes ofthis Part”.


State Supply Commission Act 1991 Division 5s. 396

page 169

Division 5 — State Supply Commission Act 1991


The amendment in this Division is to the State SupplyCommission Act 1991*.

[* Reprinted as at 7 June 2002.]5



Division 6 — Transitional matters

398. Financial reporting

(1) Despite the continuation of the former bodies as part of the10

Housing Authority, section 65A of the Financial Administrationand Audit Act 1985 applies in relation to the preparation andsubmission of a final report in respect of each former body asif —

(a) at commencement, it were abolished;15

(b) references in that section to a department werereferences to the former body; and

(c) references in that section to provisions of sections 62 to65 of the Financial Administration and Audit Act 1985were references to the equivalent provisions of20

sections 66 to 70 of that Act,

except that —

(d) the period to which the final report is to relate is thefinal period; and

(e) the references in sections 66(1), 68 and 70(1) to the end25

of the financial year are to be read as references to theend of the final period.

(2) If at commencement, any duty imposed by Part II Division 14of the Financial Administration and Audit Act 1985 on the

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 9 Housing and WorksDivision 6 Transitional matterss. 399

page 170

accountable authority of a former body has not been compliedwith in relation to the former body for any financial year thatexpired before commencement, that duty subsists and is to beperformed by the reporting officer as if the reporting officerwere the accountable authority.5

(3) The time within which the reporting officer is to perform a dutyreferred to in subsection (2) is extended until the end of the daythat is 2 months after the day on which the reporting officer isappointed, but this subsection does not prevent the time frombeing extended again under section 70 of the Financial10

Administration and Audit Act 1985.

(4) The Housing Authority is to give the reporting officer access toall records necessary for the purposes of this section.


“final period” means the period starting at the beginning of the15

1 July immediately before commencement and endingimmediately before commencement;

“reporting officer” means the person appointed undersection 65A(2) of the Financial Administration and AuditAct 1985 as applied because of subsection (1).20

399. References to former bodies

After commencement, a reference to a former body in aninstrument or other document is to be taken to be a reference tothe Housing Authority unless the contrary intention appears orthe context otherwise requires.25

400. Government Employees’ Housing Act 1964

(1) The Government Employees’ Housing Fund referred to insection 24(1) of the Government Employees’ Housing Act 1964as in force after commencement is a continuation of theGovernment Employees’ Housing Authority Fund referred to in30

that section as in force before commencement.

Machinery of Government (Miscellaneous Amendments) Bill 2003Housing and Works Part 9Transitional matters Division 6

s. 401

page 171

(2) After commencement, a reference to the GovernmentEmployees’ Authority Housing Fund in an instrument or otherdocument is to be taken to be a reference to the GovernmentEmployees’ Housing Fund referred to in section 24(1) of theGovernment Employees’ Housing Act 1964 as in force after5

commencement unless the contrary intention appears or thecontext otherwise requires.

401. Housing Act 1980

(1) After commencement, a reference to The State HousingCommission in an instrument or other document is to be taken10

to be a reference to the Housing Authority unless the contraryintention appears or the context otherwise requires.

(2) The office of chief executive officer of the Housing Authority isa continuation of the office of general manager of The StateHousing Commission referred to in the Housing Act 1980 as in15

force before commencement.

(3) The Housing Authority Fund referred to in section 62(2) of theHousing Act 1980 as in force after commencement is acontinuation of The State Housing Commission Fund referred toin that subsection as in force before commencement.20

(4) After commencement, a reference to The State HousingCommission Fund in an instrument or other document is to betaken to be a reference to the Housing Authority Fund referredto in section 62(2) of the Housing Act 1980 as in force aftercommencement unless the contrary intention appears or the25

context otherwise requires.

(5) Section 69 of the Housing Act 1980, as in force beforecommencement, continues to apply in relation to things done oromitted to be done and agreements entered into beforecommencement.30

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 9 Housing and WorksDivision 6 Transitional matterss. 402

page 172

402. Interpretation



“former body” means —5

(a) the Country Housing Authority established bysection 4 of the Country Housing Act 1998 as in forcebefore commencement;

(b) the Government Employees’ Housing Authorityestablished by section 8 of the Government10

Employees’ Housing Act 1964 as in force beforecommencement;

“Housing Authority” means the Housing Authority referred toin section 6(4) of the Housing Act 1980 as in force aftercommencement.15

Machinery of Government (Miscellaneous Amendments) Bill 2003Indigenous Affairs Part 10

Aboriginal Affairs Planning Authority Act 1972 Division 1s. 403

page 173

Part 10 — Indigenous Affairs

Division 1 — Aboriginal Affairs Planning Authority Act 1972


The amendments in this Division are to the Aboriginal AffairsPlanning Authority Act 1972*.5

[* Reprinted as at 5 February 1999.]


The long title is amended by deleting “, a Commissioner forAboriginal Planning”.




““CEO” means the chief executive officer of the15

Department;


”;20

(b) by deleting the definitions of “Commissioner” and “theDepartment”.





Machinery of Government (Miscellaneous Amendments) Bill 2003Part 10 Indigenous AffairsDivision 1 Aboriginal Affairs Planning Authority Act 1972s. 408

page 174


Section 17 is amended by deleting “Commissioner, or deputy ofthe Commissioner” and inserting instead —

“ CEO ”.



(a) in paragraph (a) by deleting “Commissioner, or in hisabsence the deputy of the Commissioner” and insertinginstead —

“ CEO ”;10

(b) by deleting paragraph (c) and inserting the followingparagraph instead —

“(c) the chief executive officer of each of the

following —15

(i) the department of the Public Service forwhich the Under Treasurer is the chiefexecutive officer;

(ii) the Department as defined in section 3of the Health Legislation Administration20

Act 1984;

(iii) the Department as defined in section 3of the Community Services Act 1972;

(iv) the department referred to in section 228of the School Education Act 1999;25

(v) the Housing Authority. ”.



(2) Section 35(5) is amended by deleting “, the Director-General of30

the department established under section 4 of the CommunityServices Act 1972”.

Machinery of Government (Miscellaneous Amendments) Bill 2003Indigenous Affairs Part 10

Aboriginal Affairs Planning Authority Act 1972 Division 1s. 411

page 175



(a) in paragraph (a) by deleting “for the purpose”;

(b) after paragraph (e) by deleting “and”;

(c) after paragraph (f) by deleting the full stop and5

inserting —

“; and

(g) any other moneys lawfully received by, madeavailable to, or payable to the Authority.10

”.

(2) Section 43(2) is amended by deleting “at the Treasury”.


Section 48 is amended by deleting “officer of the departmentestablished under section 4 of the Community Services15

Act 1972, or any”.

413. Various references to Commissioner changed to CEO

Each provision listed in the Table to this section is amended bydeleting “Commissioner” in each place where it occurs andinserting instead —20

“ CEO ”.

Table

s. 11(1) and (2) s. 39(2) and (4)

s. 14(4)(a) s. 40(a)

s. 31(2) s. 47(b)

s. 37 First Sch. cl. 6

Note: The heading to section 11 will be altered by deleting “Commissioner”and inserting instead “CEO”.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 10 Indigenous AffairsDivision 2 Transitional provisionss. 414

page 176


414. Aboriginal Affairs Planning Authority Act 1972

(1) A thing done or omitted to be done by, to or in relation to theCommissioner before commencement has the same effect aftercommencement, to the extent that it has any force or5

significance after commencement, as if it had been done oromitted by, to or in relation to the CEO.

(2) Section 35(5) of the Aboriginal Affairs Planning AuthorityAct 1972 (as in force before commencement) continues to applyin relation to things done or omitted to be done before10

commencement by the Director-General of the departmentestablished under section 4 of the Community Services Act 1972(as in force immediately before commencement).


“CEO” has the meaning given by section 4 of the Aboriginal15

Affairs Planning Authority Act 1972 as in force aftercommencement;


“Commissioner” has the meaning given to “Commissioner for20

Aboriginal Affairs” by section 10 of the Aboriginal AffairsPlanning Authority Act 1972 as in force beforecommencement.

Machinery of Government (Miscellaneous Amendments) Bill 2003Local Government and Regional Development, and Heritage Part 11

Animal Welfare Act 2002 Division 1s. 415

page 177

Part 11 — Local Government and RegionalDevelopment, and Heritage

Division 1 — Animal Welfare Act 2002


The amendments in this Division are to the Animal Welfare5

Act 2002*.

[* Act No. 33 of 2002.]






Department; ”;15

(b) by deleting the definition of “Director General”.


Section 90(2) is amended by deleting “Director General’s” andinserting instead —

“ CEO’s ”.20

418. Various references to Director General changed to CEO

Each provision listed in the Table to this section is amended bydeleting “Director General” in each place where it occurs andinserting instead —

“ CEO ”.25

Table

s. 18(1), (2) and (4) s. 55(5)

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 11 Local Government and Regional Development, and HeritageDivision 2 Control of Vehicles (Off-road Areas) Act 1978s. 419

page 178

s. 33(1), (2), (3), (4) and (5) s. 75(6)

s. 34(1), (2), (3) and (4) s. 82(1) and (4)

s. 35(2) and (4)(b) s. 83(1), (2) and (4)

s. 36(1) and (3) s. 89

s. 37(1)(d) and (2)(c) s. 90(1) and (2)

s. 44(11) (defn. “owner”)

Note: The heading to section 89 will be altered by deleting “Director General”and inserting instead “CEO”.

Division 2 — Control of Vehicles (Off-road Areas) Act 1978


The amendments in this Division are to the Control of Vehicles5

(Off-road Areas) Act 1978*.

[* Reprinted as at 2 August 2002.]


Section 3(1) is amended by deleting the definition of“departmental adviser”.10


Section 21(8) is repealed.




Section 38(2) is amended by deleting paragraphs (a), (b), (c)and (d) and inserting the following paragraphs instead —

“(a) an inspector, under the Environmental

Protection Act 1986;20


Heritage of Western Australia Act 1990 Division 3s. 424

page 179

(b) a conservation and land management officer,forest officer, wildlife officer or ranger, underthe Conservation and Land ManagementAct 1984;

”.5

Division 3 — Heritage of Western Australia Act 1990


The amendments in this Division are to the Heritage of WesternAustralia Act 1990*.

[* Reprinted as at 1 June 2001.10



(1) Section 14(2)(a) is amended by deleting “for those purposes”.

(2) Section 14(4) is amended by deleting “at the Treasury”.15

Division 4 — Local Government Act 1995


The amendments in this Division are to the Local GovernmentAct 1995*.

[* Reprinted as at 18 February 2000.20

For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 223, andActs Nos. 20, 21 and 28 of 2003.]

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 11 Local Government and Regional Development, and HeritageDivision 4 Local Government Act 1995s. 427

page 180

427. Section 1.4 amended

Section 1.4 is amended as follows:


“5

“Departmental CEO” means the chief executiveofficer of the Department;

”;


428. Section 9.58 amended10

Section 9.58(4)(b) is deleted and the following paragraph isinserted instead —

“(b) lodge with the Commissioner as defined in

section 4(1) of the Consumer Affairs Act 1971,15

”.

429. Section 9.67 amended

Section 9.67(1) is amended by deleting “the ExecutiveDirector’s” and inserting instead —

“ the Departmental CEO’s ”.20

430. Various references to Executive Director changed toDepartmental CEO


“ Departmental CEO ”.

Table

s. 7.7 s. 8.36(1)

s. 7.8(2) s. 8.41(2)


Local Government Grants Act 1978 Division 5s. 431

page 181

s. 8.1 s. 8.43(2)

s. 8.2(1) s. 8.44

s. 8.3(1), (2), (3) and (4) s. 9.45

s. 8.4(2) and (4) s. 9.66(1)

s. 8.13(3) and (4) s. 9.67(1)

s. 8.14(1) and (2) Sch. 2.5 cl. 10

s. 8.35(3)

Note: The headings to sections 7.7, 8.2, 8.3 and 9.67 will be altered bydeleting “Executive Director” and inserting instead “DepartmentalCEO”.

Division 5 — Local Government Grants Act 1978


The amendments in this Division are to the Local GovernmentGrants Act 1978*.

[* Reprinted as at 1 March 2002.]


Section 3 is amended by inserting the following definition in the10

appropriate alphabetical position —

““Department” has the meaning given by section 1.4 of

the Local Government Act 1995; ”.15


Section 5(1)(b) is amended by deleting “of Local Governmentof the State”.


Section 6(2)(f) is amended by deleting “of Local Government”.20

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 11 Local Government and Regional Development, and HeritageDivision 6 Regional Development Commissions Act 1993s. 435

page 182

Division 6 — Regional Development Commissions Act 1993


The amendments in this Division are to the RegionalDevelopment Commissions Act 1993*.

[* Reprinted as at 26 November 1999.5

For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 330-1.]


Section 3(1) is amended by deleting the definition of“Department”.10



Machinery of Government (Miscellaneous Amendments) Bill 2003Planning and Infrastructure, and Land Information Part 12

Land Administration Act 1997 Division 1s. 438

page 183

Part 12 — Planning and Infrastructure, andLand Information

Division 1 — Land Administration Act 1997


The amendments in this Division are to the Land Administration5

Act 1997*.

[* Reprinted as at 22 June 2001.For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 203 andAct No. 31 of 2003.]10


Section 3(1) is amended in the definition of “authorised landofficer” by deleting “public service officer of the Department”and inserting instead —

“ a person ”.15


(1) Section 8(1) is amended in the definition of “the Program” bydeleting “within the Department”.

(2) Section 8(8) is amended by deleting “the Department” andinserting instead —20

“the department of the Public Service principallyassisting in the administration of the Program

”.



(a) by inserting before “The Minister” the subsectiondesignation “(1)”;

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 12 Planning and Infrastructure, and Land InformationDivision 1 Land Administration Act 1997s. 442

page 184

(b) by deleting “public service officer of the Department”and inserting instead —

“ person employed in a public authority ”.

(2) At the end of section 30 the following subsection is inserted —

“5


“public authority” means —

(a) a department of the Public Service; or

(b) a body, whether corporate or unincorporate,established for a public purpose under a10

written law. ”.


After section 202(3) the following subsection is inserted —

“15

(4) In subsection (2)(b) —

“Department” means the department of the PublicService principally assisting in the administrationof the TLA.

”.20


Section 259(2) is amended by inserting after “delegate of theMinister” —

“ , an authorised land officer ”.


Land Valuation Tribunals Act 1978 Division 2s. 444

page 185

Division 2 — Land Valuation Tribunals Act 1978


The amendments in this Division are to the Land ValuationTribunals Act 1978*.

[* Reprinted as at 25 October 2002.]5


Section 6(1)(c) is amended by deleting “for Consumer Affairs”and inserting instead —

“to whom the administration of the Consumer10

Affairs Act 1971 is committed ”.

Division 3 — Main Roads Act 1930


The amendments in this Division are to the Main Roads15

Act 1930*.




(a) by deleting “maintained at the Treasury,”;20

(b) in paragraph (a) by deleting “for the purposes of thisAct”;

(c) at the end of paragraph (c) by deleting “and”;

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 12 Planning and Infrastructure, and Land InformationDivision 4 Metropolitan Region Town Planning Scheme Act 1959s. 448

page 186

(d) after paragraph (d) by deleting the full stop and insertinginstead —

“; and

(e) any other moneys lawfully received by, made5

available to, or payable to the Commissioner. ”.

Division 4 — Metropolitan Region Town Planning SchemeAct 1959


The amendments in this Division are to the Metropolitan RegionTown Planning Scheme Act 1959*.

[* Reprint 9 as at 1 August 2003.For subsequent amendments see Act No. 54 of 2003.]


Section 38(1)(a) is amended by deleting “at the Treasuryforming” and inserting instead —

“ as ”.

Division 5 — Valuation of Land Act 1978


The amendments in this Division are to the Valuation of LandAct 1978*.



Western Australian Coastal Shipping Commission Act 1965 Division 6s. 451

page 187


Section 4(1) is amended in the definition of “unimproved value”in paragraph (b)(iv) by deleting “Forests Department” andinserting instead —

“5

Department (as defined in section 3 ofthe Conservation and LandManagement Act 1984)

”.

Division 6 — Western Australian Coastal Shipping Commission10

Act 1965


The amendments in this Division are to the Western AustralianCoastal Shipping Commission Act 1965*.

[* Reprinted as at 8 March 2002.]15


(1) Section 25(1)(a) is amended by deleting “for that purpose”.

(2) Section 25(2)(a) is amended by deleting “at the Treasury”.

Division 7 — Western Australian Marine (Sea Dumping)Act 198120


The amendments in this Division are to the Western AustralianMarine (Sea Dumping) Act 1981*.

[* Act No. 111 of 1981.For subsequent amendments see Western Australian25

Legislation Information Tables for 2002, Table 1, p. 427.]

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 12 Planning and Infrastructure, and Land InformationDivision 8 Western Australian Planning Commission Act 1985s. 455

page 188


Section 14(8)(c)(i) is amended by deleting “Department ofFisheries and Wildlife” and inserting instead —

“CEO as defined in section 4(1) of the5

Fish Resources Management Act 1994 ”.

Division 8 — Western Australian Planning Commission Act 1985


The amendments in this Division are to the Western Australian10

Planning Commission Act 1985*.

[* Reprinted as at 16 March 2001.For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 429 andActs Nos. 24 of 2002 and 54 of 2003.]15


Section 19(1g)(a)(v) is amended by deleting “Commissionerwithin the meaning of the Health Act 1911” and insertinginstead —

“20

CEO as defined in section 3 of theHealth Legislation AdministrationAct 1984

”.



Machinery of Government (Miscellaneous Amendments) Bill 2003Police and Emergency Services Part 13

Bush Fires Act 1954 Division 1s. 459

page 189

Part 13 — Police and Emergency Services

Division 1 — Bush Fires Act 1954


The amendments in this Division are to the Bush FiresAct 1954*.5

[* Reprint 6 as at 1 August 2003.]


Section 7 is amended by inserting the following definitions inthe appropriate alphabetical positions —

“10

“CALM Act CEO” has the meaning given to “CEO”by section 3 of the Conservation and LandManagement Act 1984;

“CALM Act Department” has the meaning given to“Department” by section 3 of the Conservation15

and Land Management Act 1984; ”.


Section 28(4)(a) and (b) are amended by deleting “ExecutiveDirector of the Department of Conservation and Land20

Management” and inserting instead —




(a) in paragraphs (a) and (b) by deleting “Executive25

Director of the Department of Conservation and LandManagement” and inserting instead —

“ CALM Act CEO ”;

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 13 Police and Emergency ServicesDivision 1 Bush Fires Act 1954s. 463

page 190

(b) in paragraph (a) by deleting “Executive Director” in thesecond and third places where it occurs and insertinginstead —



Section 37(2)(a) and (b) are amended by deleting “Departmentof Conservation and Land Management” and insertinginstead —

“ CALM Act Department ”.


Section 58(3) is amended by deleting “Executive Director of theDepartment of Conservation and Land Management” andinserting instead —



Section 66(1)(b)(iii) is amended as follows:

(a) by deleting “Executive Director of the Department ofConservation and Land Management” and insertinginstead —

“ CALM Act CEO ”;20

(b) by deleting “Department of Conservation and LandManagement” in the second place where it occurs andinserting instead —

“ CALM Act Department ”.

Machinery of Government (Miscellaneous Amendments) Bill 2003Police and Emergency Services Part 13

Misuse of Drugs Act 1981 Division 2s. 466

page 191

Division 2 — Misuse of Drugs Act 1981


The amendments in this Division are to the Misuse of DrugsAct 1981*.


For subsequent amendments see Act No. 9 of 2003.]

467. Section 38D amended

(1) Section 38D(1) is repealed and the following subsection isinserted instead —

“10


“CEO (Health)” has the meaning given to “CEO” bysection 3 of the Health Legislation AdministrationAct 1984.

”.15

(2) Section 38D(2) is amended by deleting “Commissioner ofHealth” in the 2 places where it occurs and inserting instead —


Machinery of Government (Miscellaneous Amendments) Bill 2003Part 14 Premier, and Public Sector ManagementDivision 1 Constitution Acts Amendment Act 1899s. 468

page 192

Part 14 — Premier, and Public Sector Management

Division 1 — Constitution Acts Amendment Act 1899


The amendments in this Division are to the Constitution ActsAmendment Act 1899*.5

[* Reprint 12 as at 3 October 2003.]

469. Schedule V amended

Schedule V Part 3 is amended as follows:

(a) by deleting the items relating to the Country HousingAuthority, the Government Employees’ Housing10

Authority and The State Housing Commission;

(b) by deleting the item relating to the Fishing and AlliedIndustries Committee.

Division 2 — Public Sector Management Act 1994


The amendments in this Division are to the Public SectorManagement Act 1994*.

[* Reprinted as at 9 February 2001.For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 317 and20

Acts Nos. 29, 31 and 35 of 2003 and Gazette 15 August 2003p. 3685-92.]


Schedule 2 is amended by deleting item 47 and inserting thefollowing item instead —25

“47 Housing Authority, provided for under the Housing Act 1980

”.

Machinery of Government (Miscellaneous Amendments) Bill 2003Racing and Gaming Part 15

Gaming Commission Act 1987 Division 1s. 472

page 193

Part 15 — Racing and Gaming

Division 1 — Gaming Commission Act 1987


The amendments in this Division are to the GamingCommission Act 1987*.5

[* Reprinted as at 30 October 1998.For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 153 andActs Nos. 45 of 2002 and 35 of 2003.

The name of the Gaming Commission Act 1987 will, on the10

appointed day, change to the Gaming and WageringCommission Act 1987. The appointed day is to be fixed undersection 7 of the Racing and Gambling LegislationAmendment and Repeal Act 2003.]


(1) Section 9(1)(a) is amended by deleting “for that purpose”.



Section 110A(1)(a) is amended by deleting “at the Treasury”.

Division 2 — Racing and Wagering Western Australia Act 200320


The amendments in this Division are to the Racing andWagering Western Australia Act 2003*.

[* Act No. 36 of 2003.]

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 15 Racing and GamingDivision 3 Racing Penalties (Appeals) Act 1990s. 476

page 194


Section 89 is amended by deleting “not in an account at theTreasury” and inserting instead —

“in an account described in paragraph (b) of the5

definition of “account” in section 88(1)(b) ”.

Division 3 — Racing Penalties (Appeals) Act 1990


The amendments in this Division are to the Racing Penalties10

(Appeals) Act 1990*.



(1) Section 24(1)(a) is amended by deleting “for that purpose”.15

(2) Section 24(8)(a) is amended by deleting “at the Treasury,”.

Machinery of Government (Miscellaneous Amendments) Bill 2003Sport and Recreation Part 16

Boxing Control Act 1987 Division 1s. 479

page 195

Part 16 — Sport and Recreation

Division 1 — Boxing Control Act 1987


The amendments in this Division are to the Boxing ControlAct 1987*.5

[* Act No. 2 of 1987.For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 36.

The name of the Boxing Control Act 1987 will change to theProfessional Combat Sports Act 1987 when the Boxing10

Control Amendment Act 2003 comes into operation.]



(2) Section 12(2) is amended after paragraph (c) by deleting the fullstop and inserting —15

“; and

(d) any other moneys lawfully received by, madeavailable to, or payable to the Commission.

”.20

Division 2 — Western Australian Sports Centre Trust Act 1986


The amendment in this Division is to the Western AustralianSports Centre Trust Act 1986*.

[* Reprinted as at 22 March 2002.]25



Machinery of Government (Miscellaneous Amendments) Bill 2003Part 17 Treasurer, and Government EnterprisesDivision 1 Anzac Day Act 1960s. 483

page 196

Part 17 — Treasurer, and Government Enterprises

Division 1 — Anzac Day Act 1960


The amendments in this Division are to the Anzac DayAct 1960*.5

[* Reprinted as at 24 May 2002.For subsequent amendments see Acts Nos. 28 and 35 of2003.]


(1) Section 10(1) is amended by deleting “at the Treasury, forming”10

and inserting instead —

“ , as ”.


(a) by deleting “the Treasury to the credit of”;

(b) after paragraph (c) by deleting “and”;15

(c) after paragraph (d) by deleting the full stop andinserting —

“; and

(e) any other moneys lawfully received by, made20

available to, or payable to the Trust. ”.

Division 2 — Economic Regulation Authority Act 2003


The amendments in this Division are to the Economic25

Regulation Authority Act 2003*.

[* Act No. 67 of 2003.]

Machinery of Government (Miscellaneous Amendments) Bill 2003Treasurer, and Government Enterprises Part 17

Financial Administration and Audit Act 1985 Division 3s. 486

page 197



(a) by deleting “and” in the second place where it occurs;

(b) by inserting after “function of the Authority” —

“5

and need only be complied with to the extentpracticable

”.

Division 3 — Financial Administration and Audit Act 1985


The amendments in this Division are to the FinancialAdministration and Audit Act 1985*.

[* Reprinted as at 16 September 2002.For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 139 and15

Acts Nos. 31 and 35 of 2003.]


Schedule 1 is amended as follows:

(a) by deleting “Country Housing Authority”;

(b) by deleting “Government Employees’ Housing20

Authority”;

(c) by deleting “The State Housing Commission”;

(d) by inserting in the appropriate alphabetical position thefollowing item —

“ Housing Authority ”.25

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 17 Treasurer, and Government EnterprisesDivision 4 Gold Corporation Act 1987s. 489

page 198

Division 4 — Gold Corporation Act 1987


The amendments in this Division are to the Gold CorporationAct 1987*.







““Treasury” means the department of the Public

Service for which the Under Treasurer is the chiefexecutive officer.15

”;

(b) in the definition of “Treasurer” by deleting “State.” andinserting instead —

“ State; ”.

491. Heading to Part II amended20

The heading to Part II is amended by inserting after“Constitution” —

“ and administration ”.


Section 9(1)(a) is amended by inserting after “officer” —25

“ of Gold Corporation ”.


Gold Corporation Act 1987 Division 4s. 493

page 199

493. Sections 9A, 9B and 9C inserted


“9A. Duty to observe policy instruments

Gold Corporation is to perform its functions in5

accordance with its strategic development plan and itsstatement of corporate intent as existing from time totime.

9B. Strategic development plans and statements ofcorporate intent10

(1) The Board must, at the prescribed times, prepare andsubmit to the Minister —

(a) a strategic development plan for GoldCorporation; and

(b) a statement of corporate intent for Gold15

Corporation.

(2) The regulations may make provision for thefollowing —

(a) the manner and form in which the Board is toprepare, submit, revise or modify a strategic20

development plan or statement of corporateintent;

(b) the period a strategic development plan orstatement of corporate intent is to cover;

(c) the matters to be set out in a strategic25


(d) the functions of the Board, the Minister and theTreasurer in relation to the development,approval or modification of a strategic30



page 200

(e) the operation of a strategic development plan orstatement of corporate intent.

(3) If a regulation referred to in subsection (2) enables theMinister to give directions to the Board, the Ministermust within 14 days after a direction is given under the5

regulation cause a copy of the direction to be laidbefore each House of Parliament or be dealt with inaccordance with section 9C.

(4) Regulations referred to in subsection (2) are not to bemade except with the Treasurer’s concurrence.10

9C. Laying directions about strategic development plansor statements of corporate intent before Parliament

(1) If —

(a) a House of Parliament is not sitting at thecommencement of the period referred to in15

section 9B(3) in respect of a direction; and


the Minister is to transmit a copy of the direction to theClerk of that House.20

(2) A copy of a direction transmitted to the Clerk of aHouse is to be regarded —


(b) as being a document published by order orunder the authority of that House.25

(3) The laying of a copy of a direction that is regarded ashaving occurred under subsection (2)(a) is to berecorded in the Minutes, or Votes and Proceedings, ofthe House on the first sitting day of the House after theClerk received the copy.30


Gold Corporation Act 1987 Division 4s. 494

page 201

(4) The text of a direction referred to in section 9B(3) is tobe included in the annual report submitted by theaccountable authority of Gold Corporation undersection 66 of the Financial Administration and AuditAct 1985.5

”.



(a) in paragraphs (a) and (b) by deleting “Treasurer” andinserting instead —10

“ Minister with the Treasurer’s concurrence ”;

(b) after paragraph (c)(i) by deleting “or” and inserting —

“(ia) the Minister; or

”.15

(2) Section 16(2)(a) is amended by deleting “Treasurer” andinserting instead —

“ Minister ”.


(1) Section 21(1) is amended by deleting “Treasurer” and inserting20

instead —

“ Minister, with the concurrence of the Treasurer, ”.

(2) Section 21(2) is amended by inserting after “Treasurer” —

“ or Minister ”.

(3) Section 21(4), (5) and (6) are amended by deleting “Treasurer”25

and inserting instead —

“ Minister ”.


page 202


Section 40(2) is amended by inserting after “officer” —



Section 51(2) is amended by inserting after “officer” —5



(1) Schedule 1 clause 1(1) is amended by deleting “, the deputychief executive officer or” and inserting instead —

“10or deputy chief executive officer of Gold Corporation orwho

”.

(2) Schedule 1 clause 3(1) is amended by inserting after “officer” inthe second place where it occurs —15


(3) Schedule 1 clause 4 is amended by deleting “, the deputy chiefexecutive officer” and inserting instead —

“ or deputy chief executive officer of Gold Corporation ”.

(4) Schedule 1 clause 5(3) is amended by deleting “, the deputy20

chief executive officer” and inserting instead —

“and the deputy chief executive officer of Gold Corporation,

”.


Insurance Commission of Western Australia Act 1986 Division 5s. 499

page 203

Division 5 — Insurance Commission of Western AustraliaAct 1986


The amendment in this Division is to the Insurance Commissionof Western Australia Act 1986*.5

[* Reprinted as at 12 November 1999.For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 185.]

500. Division 3A inserted

After section 14 the following Division is inserted —10

“Division 3A — Strategic development plans and

statements of corporate intent

14A. Duty to observe policy instruments

The Commission is to perform its functions in15



(1) The board of commissioners must, at the prescribedtimes, prepare and submit to the Minister —

(a) a strategic development plan for theCommission; and

(b) a statement of corporate intent for the25

Commission.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 17 Treasurer, and Government EnterprisesDivision 5 Insurance Commission of Western Australia Act 1986s. 500

page 204


(a) the manner and form in which the board ofcommissioners is to prepare, submit, revise ormodify a strategic development plan or5

statement of corporate intent;


(c) the matters to be set out in a strategicdevelopment plan or statement of corporate10

intent;

(d) the functions of the board of commissioners,the Minister and the Treasurer in relation to thedevelopment, approval or modification of astrategic development plan or statement of15

corporate intent;

(e) the operation of a strategic development plan orstatement of corporate intent.

(3) If a regulation referred to in subsection (2) enables theMinister to give directions to the board of20

commissioners, the Minister must cause a copy of adirection given under the regulation to be laid beforeeach House of Parliament or be dealt with inaccordance with section 14C —

(a) within 14 days after the direction is given; or25

(b) if the direction is the subject of a notice undersection 17 of the Statutory Corporations(Liability of Directors) Act 1996, within14 days after it is confirmed under that section.

(4) Regulations referred to in subsection (2) are not to be30

made except with the Treasurer’s concurrence.


Insurance Commission of Western Australia Act 1986 Division 5s. 500

page 205


(1) If —

(a) a House of Parliament is not sitting at thecommencement of the applicable period5

referred to in section 14B(3) in respect of adirection; and


the Minister is to transmit a copy of the direction to the10

Clerk of that House.



(b) as being a document published by order or15

under the authority of that House.

(3) The laying of a copy of a direction that is regarded ashaving occurred under subsection (2)(a) is to berecorded in the Minutes, or Votes and Proceedings, ofthe House on the first sitting day of the House after the20

Clerk received the copy.

(4) The text of a direction referred to in section 14B(3) isto be included in the annual report submitted by theaccountable authority of the Commission undersection 66 of the Financial Administration and Audit25

Act 1985.”.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 17 Treasurer, and Government EnterprisesDivision 6 Lotteries Commission Act 1990s. 501

page 206

Division 6 — Lotteries Commission Act 1990


The amendments in this Division are to the LotteriesCommission Act 1990*.

[* Reprinted as at 6 August 1999.]5




The Commission is to perform its functions in10



(1) The members of the Commission must, at theprescribed times, prepare and submit to the Minister —

(a) a strategic development plan for theCommission; and

(b) a statement of corporate intent for the20

Commission.


(a) the manner and form in which the members ofthe Commission are to prepare, submit, revise25

or modify a strategic development plan orstatement of corporate intent;



Lotteries Commission Act 1990 Division 6s. 502

page 207

(c) the matters to be set out in a strategicdevelopment plan or statement of corporateintent;

(d) the functions of the members of theCommission, the Minister and the Treasurer in5

relation to the development, approval ormodification of a strategic development plan orstatement of corporate intent;

(e) the operation of a strategic development plan orstatement of corporate intent.10

(3) If a regulation referred to in subsection (2) enables theMinister to give directions to the members of theCommission, the Minister must cause a copy of adirection given under the regulation to be laid beforeeach House of Parliament or be dealt with in15

accordance with section 8C —(a) within 14 days after the direction is given; or

(b) if the direction is the subject of a notice undersection 17 of the Statutory Corporations(Liability of Directors) Act 1996, within20

14 days after it is confirmed under that section.

(4) Regulations referred to in subsection (2) are not to bemade except with the Treasurer’s concurrence.

8C. Laying directions about strategic development plansor statements of corporate intent before Parliament25

(1) If —(a) a House of Parliament is not sitting at the

commencement of the applicable periodreferred to in section 8B(3) in respect of adirection; and30



Machinery of Government (Miscellaneous Amendments) Bill 2003Part 17 Treasurer, and Government EnterprisesDivision 7 Parliamentary Superannuation Act 1970s. 503

page 208



(b) as being a document published by order orunder the authority of that House.5

(3) The laying of a copy of a direction that is regarded ashaving occurred under subsection (2)(a) is to berecorded in the Minutes, or Votes and Proceedings, ofthe House on the first sitting day of the House after theClerk received the copy.10

(4) The text of a direction referred to in section 8B(3) is tobe included in the annual report submitted by theaccountable authority of the Commission undersection 66 of the Financial Administration and AuditAct 1985.15

”.


Section 22(1) is amended by deleting “at the Treasury forming”and inserting instead —

“ , as ”.20

Division 7 — Parliamentary Superannuation Act 1970


The amendments in this Division are to the ParliamentarySuperannuation Act 1970*.

[* Reprint 3 as at 4 April 2003.]25


(1) Section 6(3)(a) is amended by deleting “Treasurer” andinserting instead —

“ Minister ”.


Rates and Charges (Rebates and Deferments) Act 1992 Division 8s. 506

page 209

(2) Section 6(5) is amended by deleting “Treasurer” in both placeswhere it occurs and inserting instead —

“ Minister ”.

Division 8 — Rates and Charges (Rebates and Deferments)Act 19925


The amendments in this Division are to the Rates and Charges(Rebates and Deferments) Act 1992*.

[* Reprinted as at 19 May 2000.For subsequent amendments see Western Australian10

Legislation Information Tables for 2002, Table 1, p. 327 andAct No. 28 of 2003.]


Section 3(1) is amended in the definition of “State concessioncard” by deleting “Director-General of the department15

established under section 4” and inserting instead —

“ CEO as defined in section 3 ”.


(1) Section 6(1) is amended by deleting “Director-General of thedepartment established under section 4 of the Community20

Services Act 1972” and inserting instead —

“CEO as defined in section 3 of the Community ServicesAct 1972 (the “CEO”)

”.25

(2) Section 6(2) is amended by deleting “Director-General” in bothplaces where it occurs and inserting instead —

“ CEO ”.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 17 Treasurer, and Government EnterprisesDivision 9 Stamp Act 1921s. 509

page 210

(3) Section 6(3) is amended by deleting “Director-General” andinserting instead —

“ CEO ”.


Section 46(2) is amended by deleting “The State Housing5

Commission” in both places where it occurs and insertinginstead —

“ the Housing Authority ”.

Division 9 — Stamp Act 1921


The amendments in this Division are to the Stamp Act 1921*.

[* Reprint 14 as at 12 September 2003.]


Section 79(6) and (7) are amended by deleting “The StateHousing Commission” and inserting instead —15

“ the Housing Authority ”.

Division 10 — State Superannuation Act 2000


The amendment in this Division is to the State SuperannuationAct 2000*.20

[* Act No. 42 of 2000.For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 370 andAct No. 21 of 2003.]


State Superannuation Act 2000 Division 10s. 513

page 211




The Board is to perform its functions in accordance5

with its strategic development plan and its statement ofcorporate intent as existing from time to time.

33B. Strategic development plan and statement ofcorporate intent

(1) The Board must, at the prescribed times, prepare and10

submit to the Minister —

(a) a strategic development plan for the Board; and

(b) a statement of corporate intent for the Board.

(2) The regulations may make provision for thefollowing —15

(a) the manner and form in which the Board is toprepare, submit, revise or modify a strategicdevelopment plan or statement of corporateintent;

(b) the period a strategic development plan or20

statement of corporate intent is to cover;

(c) the matters to be set out in a strategicdevelopment plan or statement of corporateintent;

(d) the functions of the Board, the Minister and the25

Treasurer in relation to the development,approval or modification of a strategicdevelopment plan or statement of corporateintent;

(e) the operation of a strategic development plan or30

statement of corporate intent.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 17 Treasurer, and Government EnterprisesDivision 10 State Superannuation Act 2000s. 513

page 212

(3) If a regulation referred to in subsection (2) enables theMinister to give directions to the Board, the Ministermust cause a copy of a direction given under theregulation to be laid before each House of Parliamentor be dealt with in accordance with section 33C —5

(a) within 14 days after the direction is given; or

(b) if the direction is the subject of a notice undersection 17 of the Statutory Corporations(Liability of Directors) Act 1996, within14 days after it is confirmed under that section.10

(4) Regulations referred to in subsection (2) are not to bemade except with the Treasurer’s concurrence.


(1) If —15

(a) a House of Parliament is not sitting at thecommencement of the applicable periodreferred to in section 33B(3) in respect of adirection; and

(b) the Minister is of the opinion that that House20

will not sit during that period,


(2) A copy of a direction transmitted to the Clerk of aHouse is to be regarded —25


(b) as being a document published by order orunder the authority of that House.

(3) The laying of a copy of a direction that is regarded ashaving occurred under subsection (2)(a) is to be30

recorded in the Minutes, or Votes and Proceedings, of


Water Corporation Act 1995 Division 11s. 514

page 213

the House on the first sitting day of the House after theClerk received the copy.

(4) The text of a direction referred to in section 33B(3) isto be included in the annual report submitted by theaccountable authority of the Board under section 66 of5

the Financial Administration and Audit Act 1985. ”.

Division 11 — Water Corporation Act 1995


The amendments in this Division are to the Water Corporation10

Act 1995*.

[* Reprinted as at 4 May 2001.For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 419 andActs Nos. 21 and 28 of 2003 and Gazette 15 August 200315

p. 3685-92.]


Section 73(1) is repealed and the following subsection isinserted instead —

“20

(1) Funds of the corporation are to be credited to anaccount —

(a) forming part of the Trust Fund constitutedunder section 9 of the Financial Administrationand Audit Act 1985; or25

(b) with the approval of the Treasurer, at a bank. ”.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 17 Treasurer, and Government EnterprisesDivision 12 Western Australian Treasury Corporation Act 1986s. 516

page 214

Division 12 — Western Australian Treasury CorporationAct 1986


The amendments in this Division are to the Western AustralianTreasury Corporation Act 1986*.5

[* Reprinted as at 5 January 2001.For subsequent amendments see Western AustralianLegislation Information Tables for 2002, Table 1, p. 431 andAct No. 21 of 2003 and Gazette 15 August 2003 p. 3685-92.]


Section 3(1) is amended by inserting the following definition inthe appropriate alphabetical position —

““Treasury” means the department of the Public

Service of which the Under Treasurer is the chief15

executive officer; ”.


Section 5B(1)(c) is amended by inserting before “for the timebeing” —20

“ of the Corporation ”.


Section 8A is amended by inserting after “officer” —



Western Australian Treasury Corporation Act 1986 Division 12s. 520

page 215

520. Section 9B inserted

After section 9A the following section is inserted —

“9B. Duty to observe policy instruments

The Corporation is to perform its functions in5


”.


Section 10(2)(fa)(xii) is amended by deleting “Treasurer” andinserting instead —

“ Minister, with the concurrence of the Treasurer, ”.

522. Section 16HA inserted

After section 16H the following section is inserted —15

“16HA. Concurrence of Treasurer

The Minister is not to —

(a) agree to a draft strategic development planunder section 16G; or20

(b) agree to or direct any modification of astrategic development plan under section 16H,

except with the concurrence of the Treasurer. ”.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 17 Treasurer, and Government EnterprisesDivision 12 Western Australian Treasury Corporation Act 1986s. 523

page 216

523. Section 16PA inserted

After section 16P the following section is inserted —

“16PA. Concurrence of Treasurer

The Minister is not to — 5

(a) agree to a draft statement of corporate intentunder section 16O; or

(b) agree to or direct any modification of astatement of corporate intent under section 16P,

except with the concurrence of the Treasurer.10

”.


Section 17A(3) is amended by deleting “Treasurer” andinserting instead —

“ Minister, with the concurrence of the Treasurer, ”.15


Section 18(1a) is amended in the definition of “eligible person”in paragraph (a) by inserting after “officer” —



After section 21A(3) the following subsection is inserted —

“(3a) This section also applies as if each reference in it to the

Treasurer were instead a reference to the Minister. ”.25


Western Australian Treasury Corporation Act 1986 Division 12s. 527

page 217


After section 21B(3) the following subsection is inserted —

“(3a) The Corporation must give a copy of each quarterly

report to the Treasurer.5

”.


Schedule 2 clause 5 is amended by inserting after “officer,” inthe second place where it occurs —

“ of the Corporation ”.10

529. Various references to Treasurer changed to Minister

Each provision listed in the Table to this section is amended bydeleting “Treasurer” in each place where it occurs and insertinginstead —

“ Minister ”.15

Table

s. 5B(1)(d) s. 16N(1) and (2)

s. 5D s. 16O(1), (2) and (3)

s. 8(3) s. 16P(1), (2), (3) and (4)

s. 16A(1) s. 16Q(1)

s. 16C(3) s. 17A(2)

s. 16D s. 19(1) and (2)

s. 16E(1), (3) and (5) s. 20(1) and (2)

s. 16F(1) and (2) s. 21B(1), (3) and (4)

s. 16G Sch. 2 cl. 2(1) and (2)

s. 16H(1), (2), (3) and (4) Sch. 2 cl. 6(1) and (2)

s. 16I Sch. 2 cl. 15(2)

s. 16K(2) and (3) Sch. 2 cl. 20(2)

s. 16L Sch. 2 cl. 21(1) and (2)

s. 16M(1), (3) and (5)

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 17 Treasurer, and Government EnterprisesDivision 13 Transitional provisionss. 530

page 218

Note: The heading to section 21A will be altered by inserting “and Minister”after “Treasurer”.

The headings to sections 16A, 16I, 19 and 20 and to Schedule 2clause 21 will be altered by deleting “Treasurer” and inserting instead“Minister”.5

The headings to sections 16E, 16G, 16M and 16O will be altered bydeleting “Treasurer’s” and inserting instead “Minister’s”.


530. Western Australian Treasury Corporation Act 1986 and GoldCorporation Act 198710

(1) A thing done by the Treasurer before commencement under, orfor the purposes of —

(a) section 10(2)(fa)(xii) or 17A(3) of the WesternAustralian Treasury Corporation Act 1986; or

(b) section 16(1)(a) or (b) or 21(1) of the Gold Corporation15

Act 1987,

has the same effect after commencement, to the extent that ithas any force or significance after commencement, as if it hadbeen done by the Minister with the concurrence of theTreasurer.20

(2) A thing done or omitted to be done by, to or in relation to, theTreasurer before commencement under, or for the purposesof —

(a) a provision of the Western Australian TreasuryCorporation Act 1986 amended by section 529; or25

(b) section 16(2)(a) or 21(2), (4), (5) or (6) of the GoldCorporation Act 1987,

has the same effect after commencement, to the extent that ithas any force or significance after commencement, as if it hadbeen done or omitted by, to or in relation to, the Minister.30



page 219



“Minister” means the Minister to whom the administration ofthe Western Australian Treasury Corporation Act 1986 is5

committed.

Machinery of Government (Miscellaneous Amendments) Bill 2003Part 18 Various references to Permanent Head amended

s. 531

page 220

Part 18 — Various references to PermanentHead amended

531. Various references to Permanent Head changed to chiefexecutive officer

(1) Each provision listed in the Table to this subsection is amended5

by deleting “Permanent Head” in each place where it occurs andinserting instead —


Table

Country Areas Water Supply Act 1947 s. 85(7)s. 120(1)(b)(iv)

Dental Act 1939 s. 51A(2)(a)

Equal Opportunity Act 1984 s. 141(a)

Housing Loan Guarantee Act 1957 s. 6(1)

Optical Dispensers Act 1966 s. 5(1), (2), (3) and (4)s. 6(1)s. 7(1), (2) and (3)s. 8(1)s. 10(1) and (2)s. 11

Shearers’ Accommodation Act 1912 s. 5(2)s. 12s. 14A

(2) Each provision listed in the Table to this subsection is amended10

by deleting “permanent head” in each place where it occurs andinserting instead —


Table

Industrial Training Act 1975 s. 7s. 37E(1) and (2)

Street Alignment Act 1844 s. 7

Machinery of Government (Miscellaneous Amendments) Bill 2003General transitional provisions Part 19

s. 532

page 221

Part 19 — General transitional provisions

532. References to Department by a former name

(1) If —

(a) a written law refers, or is to be taken to refer, to adepartment of the Public Service by a title that was5

given by a provision of an Act (the “principal Act”);and

(b) the provision has been amended to remove that title, orhas been repealed, by this Act,

then, on and after the day on which this Act comes into10

operation, the reference has effect as a reference to thedepartment of the Public Service principally assisting in theadministration of the principal Act.

(2) Subsection (1) does not apply if a contrary intention appears orthe context otherwise requires.15

533. References to chief executive officer by a former name

(1) If —

(a) a written law refers, or is to be taken to refer, to a chiefexecutive officer by a title that was given by a provisionof an Act (the “principal Act”); and20

(b) the provision has been amended to remove that title, orhas been repealed, by this Act,

then, on and after the day on which this Act comes intooperation, the reference has effect as a reference to the chiefexecutive officer within the meaning of the principal Act.25

(2) Subsection (1) does not apply if a contrary intention appears orthe context otherwise requires.

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