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This is a Bill, not an Act. For current law, see the Acts databases.


ADMINISTRATION AMENDMENT BILL 2018

                      Western Australia


     Administration Amendment Bill 2018

                          Contents

1.      Short title                                              2
2.      Commencement                                             2
3.      Act amended                                              2
4.      Section 14 amended                                       2
5.      Section 14A inserted                                     6
        14A.     Order declaring sum that is to apply for
                 specified item                             6




                             77--1                               page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY


        Administration Amendment Bill 2018

                               A Bill for


An Act to amend the Administration Act 1903.



The Parliament of Western Australia enacts as follows:




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     Administration Amendment Bill 2018



     s. 1




1    1.          Short title
2                This is the Administration Amendment Act 2018.

3    2.          Commencement
4                This Act comes into operation as follows --
5                 (a) sections 1 and 2 -- on the day on which this Act
6                       receives the Royal Assent;
7                 (b) the rest of the Act -- on the day after that day.

8    3.          Act amended
9                This Act amends the Administration Act 1903.

10   4.          Section 14 amended
11        (1)    Before section 14(1) insert:
12

13              (1A)   In this section --
14                     declared sum, for a specified item, means the sum that
15                     applies for that item under an order;
16                     order means an order made by the Minister under
17                     section 14A(2);
18                     specified item means any of the following items in the
19                     Table --
20                       (a) item 2;
21                       (b) item 3(a) and (b);
22                       (c) item 3(b)(i);
23                       (d) item 6;
24                     Table means the Table to subsection (1).
25




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                                                                                       s. 4



1    (2)   In section 14(1):
2            (a) delete "his property, the property as to which he dies
3                  intestate" and insert:
4

5                  their property, the property as to which they die intestate
6

7           (b)    delete "in the following table (in this section called the
8                  Table): -- " and insert:
9

10                 in the Table --
11

12          (c)    in the Table item 2 delete "$50 000 -- " (each occurrence)
13                 and insert:
14

15                 $435 000 (or, if there is a declared sum for item 2 applicable to the
16                 intestate, that sum) --
17

18          (d)    in the Table item 2(b) delete "$50 000," and insert:
19

20                 $435 000 (or, if there is a declared sum for item 2 applicable to the
21                 intestate, that sum),
22

23          (e)    in the Table item 3 delete "$75 000 -- " (each occurrence)
24                 and insert:
25

26                 $650 000 (or, if there is a declared sum for item 3(a) and (b)
27                 applicable to the intestate, that sum) --
28

29           (f)   in the Table item 3(b) delete "$75 000," and insert:
30

31                 $650 000 (or, if there is a declared sum for item 3(a) and (b)
32                 applicable to the intestate, that sum),
33




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     s. 4



1                (g)    in the Table item 3(b)(i)(A) delete "$6 000" and insert:
2

3                       $52 000 (or, if there is a declared sum for item 3(b)(i) applicable to
4                       the intestate, that sum)
5

6                (h)    in the Table item 3(b)(i)(B) delete "$6 000," and insert:
7

8                       $52 000 (or, if there is a declared sum for item 3(b)(i) applicable to
9                       the intestate, that sum),
10

11               (i)    in the Table item 6 delete "$6 000 -- " (each occurrence)
12                      and insert:
13

14                      $52 000 (or, if there is a declared sum for item 6 applicable to the
15                      intestate, that sum) --
16

17               (j)    in the Table item 6(b) delete "$6 000," and insert:
18

19                      $52 000 (or, if there is a declared sum for item 6 applicable to the
20                      intestate, that sum),
21

22      (3)    After section 14(1) insert:
23

24            (1B)     In this section, the declared sum for a specified item
25                     applicable to an intestate is the declared sum for that
26                     specified item under the order that has effect at the
27                     time the intestate dies (even if that order later ceases to
28                     have effect, including if the order ceases to have effect
29                     under the Interpretation Act 1984 section 42(2) as
30                     applied by section 14A(5)).
31




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                                                                                s. 4



1    (4)    In section 14(4):
2             (a) in paragraph (a) delete "$50 000 mentioned in
3                   paragraph (b) of item 2 of the Table; or" and insert:
4

5                   $435 000 (or, if there is a declared sum for item 2
6                   applicable to the intestate, that sum) mentioned in
7                   item 2(b) of the Table; or
8

9            (b)    in paragraph (b) delete "$75 000 mentioned in
10                  paragraph (b) of item 3 of the Table," and insert:
11

12                  $650 000 (or, if there is a declared sum for item 3(a) and
13                  (b) applicable to the intestate, that sum) mentioned in
14                  item 3(b) of the Table,
15

16   (5)    In section 14(8) delete "subsections (9) and (10)," and insert:
17

18          subsections (9), (10) and (11),
19

20   (6)    After section 14(10) insert:
21

22         (11)    The estate of a person who dies intestate as to all or
23                 any of their property before the day on which the
24                 Administration Amendment Act 2018 section 4 comes
25                 into operation is to be distributed as if that section had
26                 not come into operation.
27




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     s. 5



1    5.       Section 14A inserted
2             After section 14 insert:
3


4           14A.    Order declaring sum that is to apply for specified
5                   item
6             (1)   In this section --
7                   original sum, for a specified item, means --
8                     (a) in the case of item 2, $435 000;
9                     (b) in the case of item 3(a) and (b), $650 000;
10                    (c) in the case of item 3(b)(i), $52 000;
11                    (d) in the case of item 6, $52 000;
12                  specified item has the meaning given in
13                  section 14(1A).
14            (2)   The Minister may make an order declaring, for each
15                  specified item, the sum that is to apply for that item.
16            (3)   A sum declared by the Minister in an order must be the
17                  amount in dollars determined by the following formula,
18                  rounded up to the nearest $500 --
                                E
                    S=T×
                            1632.10
19                  where --
20                  S is the sum that is to apply for a specified item, before
21                  rounding up to the nearest $500;
22                  T is the original sum for that specified item;
23                  E is the estimate of the average weekly total earnings of
24                  full-time adult employees in Australia most recently
25                  published by the Australian Statistician as an original
26                  estimate.




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                                                                   s. 5



1   (4)   An order is subsidiary legislation for the purposes of
2         the Interpretation Act 1984.
3   (5)   The Interpretation Act 1984 section 42 applies to an
4         order as if the order were regulations.
5


6




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