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


ALCOHOL AND DRUG AUTHORITY AMENDMENT BILL 2014

                    Western Australia


Alcohol and Drug Authority Amendment
               Bill 2014

                        Contents

     Part 1 -- Preliminary matters
1.   Short title                                                2
2.   Commencement                                               2
     Part 2 -- Alcohol and Drug Authority
          Act 1974 amended
3.   Act amended                                                3
4.   Long title replaced                                        3
5.   Part I heading amended                                     3
6.   Section 1 amended                                          4
7.   Section 4 amended                                          4
8.   Parts II, III and IV replaced                              5
     Part 2 -- Administration
     Division 1 -- Role of Minister
     5.        Establishment of Ministerial Body          5
     6.        Purpose and nature of Ministerial Body     5
     7.        Execution of documents by Ministerial
               Body                                       6
     8.        Minister's powers to acquire and dispose
               of property                                8
     9.        Delegation by Minister                     8
     Division 2 -- Role of CEO
     10.       Administration of this Act                  9
     11.       Functions of CEO                            9
     12.       Powers of CEO                              11
     13.       Delegation by CEO                          11
     Division 3 -- Role of Alcohol and Other Drugs
            Advisory Board
     14.       Establishment of Board                     12




                         67--2                                  page i
Alcohol and Drug Authority Amendment Bill 2014



Contents



             Division 4 -- Staff
             15.       Appointment of staff                            13
             16.       Secondments                                     13
             17.       Contracts for services                          14
             18.       Relationship to Public Sector
                       Management Act 1994                             14
             Part 3 -- Facilities for alcohol and other drug use
                    problems
             19.       Facilities                                      15
             20.       Procedure on deaths or serious injuries in
                       facilities                                      15
      9.     Part V heading amended                                         15
      10.    Sections 34 and 35 replaced                                    16
             34.       Recovery of fees                                16
      11.    Section 36 amended                                             16
      12.    Section 37 inserted                                            17
             37.       Review of this Act                              17
      13.    Part 6 inserted                                                18
             Part 6 -- Transitional matters for Alcohol and Drug
                    Authority Amendment Act 2014
             Division 1 -- Interpretation
             38.       Terms used                                      18
             Division 2 -- Authority and its members
             39.       Authority abolished                             20
             40.       Immunity continues                              20
             Division 3 -- Authority's assets, rights and liabilities
             41.       Transfer to Ministerial Body or State           20
             42.       Transfer orders                                 22
             43.       Correction of errors in transfer orders         23
             44.       Reserves managed by Authority                   24
             45.       Registration of documents                       25
             46.       Authority to complete necessary
                       transactions                                    26
             47.       Exemption from State tax                        27
             48.       Operating accounts of Authority                 27
             49.       Investments                                     28
             Division 4 -- Authority's staff
             50.       Employees of Authority                          29
             51.       Preservation of rights                          29
             Division 5 -- Continuation of certain things
             52.       Completion of things done                       30
             53.       Continuing effect of things done                30
             54.       Agreements, instruments, proceedings
                       and remedies generally                          31



page ii
                  Alcohol and Drug Authority Amendment Bill 2014



                                                                  Contents



      Division 6 -- Other matters
      55.       Authority's records to be delivered to CEO   31
      56.       Transitional regulations                     31
      57.       Effect on other instruments, rights and
                obligations                                  33
      58.       Interpretation Act 1984 not affected         33

      Part 3 -- Other Acts amended
14.   Constitution Acts Amendment Act 1899 amended                  35
15.   Coroners Act 1996 amended                                     35
16.   Financial Management Act 2006 amended                         35
17.   Public Sector Management Act 1994 amended                     35
18.   Spent Convictions Act 1988 amended                            36




                                                                   page iii
                           Western Australia


                     LEGISLATIVE ASSEMBLY

              (As amended during consideration in detail)

     Alcohol and Drug Authority Amendment
                    Bill 2014

                               A Bill for


An Act to amend the Alcohol and Drug Authority Act 1974 and for
related purposes.



The Parliament of Western Australia enacts as follows:




                                                            page 1
    Alcohol and Drug Authority Amendment Bill 2014
    Part 1         Preliminary matters

    s. 1



1                   Part 1 -- Preliminary matters
2   1.       Short title
3            This is the Alcohol and Drug Authority Amendment Act 2014.

4   2.       Commencement
5            This Act comes into operation as follows --
6             (a) Part 1 and section 13 -- on the day on which this Act
7                   receives the Royal Assent;
8             (b) the rest of the Act -- on a day fixed by proclamation.




    page 2
                            Alcohol and Drug Authority Amendment Bill 2014
                  Alcohol and Drug Authority Act 1974 amended       Part 2

                                                                         s. 3



1         Part 2 -- Alcohol and Drug Authority Act 1974
2                           amended
3    3.     Act amended
4           This Part amends the Alcohol and Drug Authority Act 1974.

5    4.     Long title replaced
6           Delete the long title and insert:
7
8         An Act for the purposes of --
9         •  providing treatment, management, care and
10           rehabilitation of persons experiencing alcohol or other
11           drug use problems or co-occurring health issues,
12           including persons who have or may have a mental illness;
13           and
14        •  promoting and subsidising research into and education
15           on the causation, prevention, reduction and treatment of
16           alcohol and other drug use problems and co-occurring
17           health issues such as mental illness; and
18        •  establishing and maintaining a coordinated focus on
19           alcohol and other drug use and mental illness,
20        and for related purposes.
21


22   5.     Part I heading amended

23          In the heading to Part I delete "Part   I --" and insert:
24


25          Part 1 --
26




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     Alcohol and Drug Authority Amendment Bill 2014
     Part 2         Alcohol and Drug Authority Act 1974 amended

     s. 6



1    6.         Section 1 amended
2               In section 1 delete "Drug Authority" and insert:
3

4               Other Drugs
5


6    7.         Section 4 amended
7         (1)   In section 4 delete the definitions of:
8               Authority
9               centre
10              Chairman
11              Deputy Chairman
12              member
13              section
14              subsection
15        (2)   In section 4 insert in alphabetical order:
16

17                    CEO means the chief executive officer of the
18                    Department;
19                    Department means the department of the Public
20                    Service principally assisting the Minister in
21                    administering this Act;
22                    facility means premises maintained by the CEO for the
23                    assessment, treatment, management, care or
24                    rehabilitation of persons experiencing alcohol or other
25                    drug use problems or co-occurring health issues,
26                    including persons who have or may have a mental
27                    illness;
28                    Ministerial Body means the Alcohol and Other Drugs
29                    Ministerial Body established by section 5;



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                               Alcohol and Drug Authority Amendment Bill 2014
                     Alcohol and Drug Authority Act 1974 amended       Part 2

                                                                              s. 8



1                    staff member means --
2                      (a) a public service officer referred to in
3                           section 15(1)(a); or
4                      (b) a person appointed under section 15(1)(b) or
5                           (c); or
6                      (c) a person who is seconded to the Department
7                           under section 16(2).
8


9    8.        Parts II, III and IV replaced
10             Delete Parts II, III and IV and insert:
11


12                          Part 2 -- Administration
13                         Division 1 -- Role of Minister
14        5.         Establishment of Ministerial Body
15             (1)   The Alcohol and Other Drugs Ministerial Body is
16                   established.
17             (2)   The Ministerial Body is a body corporate with
18                   perpetual succession.
19             (3)   Proceedings may be taken by or against the Ministerial
20                   Body in its corporate name.
21             (4)   The Ministerial Body must be governed by the
22                   Minister.
23             (5)   The Ministerial Body has the status, immunities and
24                   privileges of the Crown.

25        6.         Purpose and nature of Ministerial Body
26             (1)   The Ministerial Body is established to provide a body
27                   corporate through which the Minister can perform any
28                   of the Minister's functions under this Act that can more

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     Alcohol and Drug Authority Amendment Bill 2014
     Part 2         Alcohol and Drug Authority Act 1974 amended

     s. 8



1                      conveniently be performed by a body corporate than an
2                      individual.
3                (2)   Any acts or things done through the Ministerial Body
4                      as described in subsection (1) must be regarded as --
5                        (a) services under the control of the Department for
6                              the purposes of the Financial Management
7                              Act 2006 section 52; and
8                        (b) operations of the Department for the purposes
9                              of Part 5 of that Act.
10               (3)   Despite the employment under the Public Sector
11                     Management Act 1994 of ministerial officers for the
12                     purpose of assisting the Minister to perform functions
13                     that the Minister performs through the Ministerial
14                     Body, the Ministerial Body and those officers are not
15                     an organisation for the purposes of that Act.

16          7.         Execution of documents by Ministerial Body
17               (1)   The Ministerial Body must have a common seal.
18               (2)   A document is duly executed by the Ministerial Body
19                     if --
20                        (a) the common seal of the Ministerial Body is
21                            affixed to it in accordance with subsections (3)
22                            and (4); or
23                       (b) it is signed on behalf of the Ministerial Body by
24                            the Minister; or
25                        (c) it is signed on behalf of the Ministerial Body,
26                            as authorised under subsection (5), by the CEO
27                            or another person.
28               (3)   The common seal of the Ministerial Body must not be
29                     affixed to a document except as authorised by the
30                     Ministerial Body.




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                      Alcohol and Drug Authority Amendment Bill 2014
            Alcohol and Drug Authority Act 1974 amended       Part 2

                                                                      s. 8



1     (4)   The common seal of the Ministerial Body must be
2           affixed to a document in the presence of the Minister
3           and the Minister must sign the document to attest that
4           the common seal was so affixed.
5     (5)   The Ministerial Body may, by writing under its seal,
6           authorise the CEO or another person to execute deeds
7           or other documents on behalf of the Ministerial Body,
8           either generally or subject to any conditions or
9           restrictions specified in the authorisation.
10    (6)   A document purporting to be executed in accordance
11          with this section must be presumed to be duly executed
12          until the contrary is shown.
13    (7)   A document executed by the CEO or another person
14          under this section without the common seal of the
15          Ministerial Body must not be regarded as a deed unless
16          it is executed as a deed as authorised under
17          subsection (5).
18    (8)   When a document is produced bearing a seal
19          purporting to be the common seal of the Ministerial
20          Body, it must be presumed that the seal is the common
21          seal of the Ministerial Body until the contrary is
22          shown.
23    (9)   For the purposes of this Act, a facsimile of any of the
24          following may be used --
25            (a) the Ministerial Body's seal;
26            (b) the signature of the Minister;
27            (c) the signature of a person authorised under
28                  subsection (5) to execute deeds or other
29                  documents.
30   (10)   A deed or other document purporting to be endorsed
31          with such a facsimile must be regarded as bearing the
32          facsimile under subsection (9) until the contrary is
33          shown.

                                                                  page 7
     Alcohol and Drug Authority Amendment Bill 2014
     Part 2         Alcohol and Drug Authority Act 1974 amended

     s. 8



1           8.         Minister's powers to acquire and dispose of
2                      property
3                (1)   In this section --
4                      acquire includes taking on lease or licence or in any
5                      other manner in which property may be acquired;
6                      dispose of includes disposing of by way of lease or
7                      licence or in any other manner in which property may
8                      be disposed of.
9                (2)   For the purposes of this Act, the Minister may --
10                      (a) acquire, hold, manage, improve, develop,
11                             dispose of and otherwise deal in real and
12                             personal property; and
13                      (b) develop and turn to account any technology,
14                             software or other intellectual property and
15                             apply for, hold, exploit and dispose of any
16                             patent, patent rights, copyright or similar rights;
17                             and
18                      (c) provide and turn to account education and
19                             training services; and
20                      (d) provide and turn to account advertising
21                             opportunities or opportunities to participate in
22                             arrangements in the nature of advertising or
23                             having a purpose similar to advertising.

24          9.         Delegation by Minister
25               (1)   The Minister may delegate to the CEO any power or
26                     duty of the Minister under another provision of this
27                     Act.
28               (2)   Without limiting the powers or duties that may be
29                     delegated under this section, they include powers or
30                     duties that are to be exercised or performed in the
31                     course of governing the affairs of the Ministerial Body
32                     under section 5(4).


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                           Alcohol and Drug Authority Amendment Bill 2014
                 Alcohol and Drug Authority Act 1974 amended       Part 2

                                                                              s. 8



1          (3)   A delegation under this section must be in writing
2                signed by the Minister.
3          (4)   The CEO cannot delegate a power or duty that is
4                delegated to the CEO under this section.
5          (5)   The exercise or performance by the CEO of a power or
6                duty that has been delegated to the CEO under this
7                section is to be taken to be in accordance with the
8                terms of the delegation unless the contrary is shown.
9          (6)   This section does not limit the ability of the Minister to
10               perform a function through an officer or agent.

11                       Division 2 -- Role of CEO
12   10.         Administration of this Act
13               Subject to the general control of the Minister and any
14               directions or instructions given under the Public Sector
15               Management Act 1994 section 32 by the Minister to the
16               CEO, the CEO must carry out the administration of
17               this Act.

18   11.         Functions of CEO
19         (1)   The functions of the CEO include the following --
20                (a) to provide assessment, treatment, management,
21                      care and rehabilitation of persons experiencing
22                      alcohol or other drug use problems or
23                      co-occurring health issues, including persons
24                      who have or may have a mental illness, and to
25                      subsidise and otherwise support, as the CEO
26                      thinks fit, any other persons or organisations
27                      providing any one or more of those things;
28                (b) subject to the Minister's consent, to establish
29                      and maintain premises for the assessment,
30                      treatment, management, care and rehabilitation
31                      of persons experiencing alcohol or other drug

                                                                       page 9
     Alcohol and Drug Authority Amendment Bill 2014
     Part 2         Alcohol and Drug Authority Act 1974 amended

     s. 8



1                          use problems or co-occurring health issues,
2                          including persons who have or may have a
3                          mental illness, and to subsidise and otherwise
4                          support, as the CEO thinks fit, other persons
5                          and organisations establishing or maintaining
6                          premises for any one or more of those
7                          purposes;
8                    (c)   subject to the Minister's consent, to establish
9                          and maintain accommodation for persons for
10                         whom assessment, treatment, management, care
11                         or rehabilitation services are provided under
12                         this Act and to subsidise and otherwise support,
13                         as the CEO thinks fit, other persons and
14                         organisations establishing or maintaining such
15                         accommodation;
16                   (d)   to provide such other facilities and services as
17                         the CEO considers necessary or desirable for
18                         the purposes of this Act;
19                   (e)   to determine the persons or classes of person
20                         for whom the CEO may provide facilities or
21                         services under this Act or in respect of whom
22                         the CEO may subsidise or otherwise support
23                         other persons and organisations providing
24                         facilities and services consistent with the
25                         purposes of this Act;
26                   (f)   to coordinate, promote, and subsidise, in
27                         Western Australia research into and education
28                         on the causation, prevention, reduction and
29                         treatment of alcohol and other drug use
30                         problems and co-occurring health issues such
31                         as mental illness;
32                   (g)   to inquire into offences in which the use of
33                         alcohol or other drugs or both is an element,
34                         and the penalties for those offences, and to
35                         make recommendations to the Minister and
36                         Attorney General in relation to the need for, or

     page 10
                           Alcohol and Drug Authority Amendment Bill 2014
                 Alcohol and Drug Authority Act 1974 amended       Part 2

                                                                             s. 8



1                        desirability of, legislative action in the
2                        community interest in relation to those offences
3                        and penalties;
4                 (h)    subject to the Minister's consent, to cooperate
5                        and enter into agreement with other persons and
6                        organisations, in this State or otherwise, to such
7                        extent as may be necessary for the purposes of
8                        this Act.
9          (2)   For the purposes of subsection (1)(b), (c) and (h), the
10               Minister's consent may be given subject to such terms
11               and conditions as the Minister thinks fit.

12   12.         Powers of CEO
13               The CEO may do anything necessary or convenient for
14               the performance of the CEO's functions under this Act.

15   13.         Delegation by CEO
16         (1)   The CEO may delegate any power or duty of the CEO
17               under another provision of this Act to --
18                 (a) a staff member; or
19                (b) with the approval of the Minister, any other
20                      person.
21         (2)   The Minister must not approve a delegation under
22               subsection (1)(b) unless satisfied that the delegation is
23               necessary or convenient having regard to --
24                 (a) the functions of the Department; or
25                 (b) the specialised knowledge, expertise or
26                      resources of the person to whom the power or
27                      duty is delegated.
28         (3)   A delegation under this section must be in writing
29               signed by the CEO.
30         (4)   A person to whom a power or duty is delegated under
31               this section cannot delegate that power or duty.

                                                                      page 11
     Alcohol and Drug Authority Amendment Bill 2014
     Part 2         Alcohol and Drug Authority Act 1974 amended

     s. 8



1                 (5)   A person exercising or performing a power or duty that
2                       has been delegated to the person under this section is to
3                       be taken to do so in accordance with the terms of the
4                       delegation unless the contrary is shown.
5                 (6)   This section does not limit the ability of the CEO to
6                       perform a function through an officer or agent.

7                   Division 3 -- Role of Alcohol and Other Drugs
8                                 Advisory Board
9           14.         Establishment of Board
10                (1)   The Minister must establish the Alcohol and Other
11                      Drugs Advisory Board to provide advice to the CEO
12                      about matters relevant to the performance of functions
13                      under section 11.
14                (2)   Subsection (1) does not authorise the Minister to
15                      establish a body corporate.
16                (3)   The Board must consist of the people that the Minister
17                      thinks fit to appoint.
18                (4)   The Board must be established by an instrument signed
19                      by the Minister that --
20                        (a) identifies the members of the Board and the
21                             length and conditions of each of their
22                             appointments; and
23                       (b) sets out the duties and responsibilities of the
24                             Board; and
25                        (c) sets out any other matters in relation to the
26                             operation and procedures of the Board that the
27                             Minister considers appropriate.
28                (5)   The Minister may, by instrument signed by the
29                      Minister, amend or cancel an instrument made under
30                      subsection (4).


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                           Alcohol and Drug Authority Amendment Bill 2014
                 Alcohol and Drug Authority Act 1974 amended       Part 2

                                                                              s. 8



1          (6)   Except to the extent that its procedures are set out in an
2                instrument made under subsection (4), the Board may
3                determine its own procedures.
4          (7)   The members of the Board are entitled to any
5                remuneration and allowances that the Minister may
6                determine on the recommendation of the Public Sector
7                Commissioner.

8                             Division 4 -- Staff
9    15.         Appointment of staff
10         (1)   For the purposes of this Act, the following persons may
11               be employed or engaged in the Department --
12                 (a) public service officers appointed or made
13                       available under the Public Sector Management
14                       Act 1994 Part 3;
15                (b) medical practitioners appointed by the CEO;
16                 (c) wages staff appointed by the CEO.
17         (2)   Subject to any relevant award or industrial agreement,
18               the terms and conditions of an appointment under
19               subsection (1)(b) or (c) are to be such terms and
20               conditions as the CEO, with the approval of the Public
21               Sector Commissioner, determines.
22         (3)   A person appointed under subsection (1)(b) or (c) is not
23               a person appointed under the Public Sector
24               Management Act 1994 Part 3.

25   16.         Secondments
26         (1)   In this section --
27               employer means --
28                 (a) an employing authority as defined in the Public
29                        Sector Management Act 1994 section 3(1); or



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     Alcohol and Drug Authority Amendment Bill 2014
     Part 2         Alcohol and Drug Authority Act 1974 amended

     s. 8



1                        (b)   an employer outside the Public Sector as
2                              defined in the Public Sector Management
3                              Act 1994 section 3(1).
4                 (2)   The CEO may arrange with another employer for an
5                       employee of that other employer to perform duties in
6                       the service of the Department for the purposes of
7                       this Act.
8                 (3)   The CEO may, with the consent of a person appointed
9                       under section 15(1)(b) or (c), arrange with another
10                      employer for the person to perform duties in the service
11                      of that other employer for the purposes of this Act.

12          17.         Contracts for services
13                (1)   The CEO may engage a person to perform services for
14                      the purposes of this Act under a contract for services
15                      on the terms and conditions (including as to
16                      remuneration) that the CEO thinks fit.
17                (2)   A person engaged under subsection (1) is not a person
18                      appointed under the Public Sector Management
19                      Act 1994 Part 3.

20          18.         Relationship to Public Sector Management Act 1994
21                      The CEO's powers under this Division are in addition
22                      to, and do not affect, the CEO's powers under the
23                      Public Sector Management Act 1994 as an employing
24                      authority.




     page 14
                                Alcohol and Drug Authority Amendment Bill 2014
                      Alcohol and Drug Authority Act 1974 amended       Part 2

                                                                                 s. 9



1          Part 3 -- Facilities for alcohol and other drug
2                          use problems
3         19.         Facilities
4                     The CEO may, with the Minister's approval, with
5                     respect to any facility --
6                       (a) prohibit or regulate the admission of persons to,
7                             or the right of persons to remain in, the facility;
8                             or
9                       (b) fix fees for any service provided at the facility
10                            and determine the persons or classes of person
11                            who are liable for payment of those fees in full
12                            or in part or who may be exempted from such
13                            payment.

14        20.         Procedure on deaths or serious injuries in facilities
15              (1)   The CEO must hold an inquiry into the death of, or any
16                    serious injury caused to, any person while in a facility
17                    for assessment, treatment, management, care or
18                    rehabilitation.
19              (2)   The person in charge of a facility must report to the
20                    CEO with respect to the circumstances surrounding the
21                    death of, or any serious injury caused to, any person
22                    while in a facility for assessment, treatment,
23                    management, care or rehabilitation.
24


25   9.         Part V heading amended

26              In the heading to Part V delete "Part    V --" and insert:
27


28              Part 5 --
29




                                                                            page 15
     Alcohol and Drug Authority Amendment Bill 2014
     Part 2         Alcohol and Drug Authority Act 1974 amended

     s. 10



1    10.           Sections 34 and 35 replaced
2                  Delete sections 34 and 35 and insert:
3


4            34.           Recovery of fees
5                          A fee payable under this Act is recoverable, by a staff
6                          member authorised by the CEO, in a court of
7                          competent jurisdiction as a debt due to the State.
8


9    11.           Section 36 amended
10         (1)     In section 36(1) delete "he considers" and insert:
11

12                 are
13

14         (2)     In section 36(2):
15                   (a) delete paragraph (a) and insert:
16

17                          (a)   regulating the general conduct of persons while
18                                in a facility for assessment, treatment,
19                                management, care or rehabilitation and of
20                                visitors to a facility;
21

22                  (b)     in paragraph (b) delete "the centres." and insert:
23

24                          a facility.
25

26         (3)     In section 36(3) delete "$40," and insert:
27

28                 $500,
29




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                                    Alcohol and Drug Authority Amendment Bill 2014
                          Alcohol and Drug Authority Act 1974 amended       Part 2

                                                                                  s. 12



1          (4)     In section 36(4) delete "thereunder shall" and insert:
2

3                  under the regulations must
4

5          (5)     In section 36(5)(b) delete "shall" and insert:
6

7                  must
8


9    12.           Section 37 inserted
10                 After section 36 insert:
11


12           37.          Review of this Act
13                 (1)    The Minister must review the operation and
14                        effectiveness of this Act as soon as practicable after the
15                        expiry of 5 years from the commencement of the
16                        Alcohol and Drug Authority Amendment Act 2014
17                        section 8.
18                 (2)    The Minister must, as soon as practicable --
19                         (a) prepare a report about the outcome of the
20                              review; and
21                         (b) cause a copy of the report to be laid before each
22                              House of Parliament.
23




                                                                               page 17
     Alcohol and Drug Authority Amendment Bill 2014
     Part 2         Alcohol and Drug Authority Act 1974 amended

     s. 13



1    13.           Part 6 inserted
2                  At the end of the Act insert:
3

4              Part 6 -- Transitional matters for Alcohol and
5                   Drug Authority Amendment Act 2014
6                               Division 1 -- Interpretation
7            38.         Terms used
8                        In this Part --
9                        amended Act means this Act as amended by the
10                       Alcohol and Drug Authority Amendment Act 2014
11                       section 8;
12                       assets --
13                         (a) means any legal or equitable estates or interests
14                                (whether present or future, whether vested or
15                                contingent and whether personal or assignable)
16                                in real or personal property of any description;
17                                and
18                         (b) includes money, securities, choses in action and
19                                documents;
20                       Authority means the Western Australian Alcohol and
21                       Drug Authority established by the former Act
22                       section 5;
23                       former Act means this Act as in force immediately
24                       before transition day;
25                       LAA means the Land Administration Act 1997;
26                       liabilities means any liabilities, duties or obligations,
27                       whether actual, contingent or prospective, liquidated or
28                       unliquidated or whether owed alone or jointly or jointly
29                       and severally with any other persons;
30                       Minister for Lands means the Minister as defined in
31                       the LAA section 3(1);

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               Alcohol and Drug Authority Amendment Bill 2014
     Alcohol and Drug Authority Act 1974 amended       Part 2

                                                            s. 13



1    operating account means an agency special purpose
2    account established under the Financial Management
3    Act 2006 section 16;
4    relevant official means --
5      (a) the Registrar of Titles; or
6      (b) the Registrar of Deeds and Transfers; or
7      (c) any other person authorised by a written law to
8            record and give effect to the registration of
9            documents relating to transactions affecting any
10           estate or interest in land or any other property;
11   relevant successor means --
12     (a) the Minister in relation to a function of the
13           Authority that becomes a function of the
14           Minister on transition day; or
15     (b) the CEO in relation to a function of the
16           Authority that becomes a function of the CEO
17           on transition day; or
18     (c) the Ministerial Body in relation to assets and
19           liabilities assigned to the Ministerial Body by
20           section 41; or
21     (d) the State in relation to assets and liabilities of
22           the Authority assigned to the State by
23           section 41;
24   rights means any rights, powers, privileges or
25   immunities, whether actual, contingent or prospective;
26   statutory transition --
27     (a) means the transition from the provisions of the
28           former Act to the amended Act; and
29     (b) includes the transition from the Authority to a
30           relevant successor;
31   this Part includes regulations made under
32   section 56(2);
33   transfer order means an order made under section 42;

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1                        transition day means the day on which the Alcohol and
2                        Drug Authority Amendment Act 2014 section 8 comes
3                        into operation.

4                        Division 2 -- Authority and its members
5            39.         Authority abolished
6                        On transition day, the Authority is abolished and the
7                        members of the Authority go out of office.

8            40.         Immunity continues
9                        Despite the abolition of the Authority by section 39, if
10                       the Authority had the benefit of any immunity in
11                       respect of an act, matter or thing done or omitted
12                       before transition day, that immunity continues on and
13                       after transition day in that respect for the benefit of a
14                       relevant successor so far as the act, matter or thing is
15                       within the relevant successor's functions.

16             Division 3 -- Authority's assets, rights and liabilities
17           41.         Transfer to Ministerial Body or State
18                 (1)   On transition day --
19                        (a) the assets of the Authority specified in a
20                              transfer order are assigned to and become the
21                              assets of the Ministerial Body; and
22                        (b) the rest of the assets of the Authority are
23                              assigned to and become the assets of the State.
24                 (2)   On transition day --
25                        (a) the liabilities of the Authority specified in a
26                              transfer order are assigned to and become the
27                              liabilities of the Ministerial Body; and




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1           (b)    the rest of the liabilities of the Authority are
2                  assigned to and become the liabilities of the
3                  State.
4    (3)   On transition day, the Ministerial Body is substituted
5          for the Authority as a party to any proceedings
6          specified in a transfer order.
7    (4)   On and after transition day, any agreement or
8          instrument specified in a transfer order has effect as if
9          references to the Ministerial Body were substituted, in
10         accordance with the order, for references to the
11         Authority.
12   (5)   On and after transition day, any proceedings or remedy
13         that might have been commenced by or against, or
14         might have been available to or against, the Authority
15         in relation to the assets and liabilities assigned by
16         subsections (1) and (2) may be commenced by or
17         against, or are available to or against --
18           (a) the Ministerial Body in the case of assets and
19                  liabilities assigned by subsections (1)(a) and
20                  (2)(a); and
21           (b) the State in the case of assets and liabilities
22                  assigned by subsections (1)(b) and (2)(b).
23   (6)   On and after transition day, an act or omission done or
24         omitted in relation to the assets and liabilities assigned
25         by subsections (1) and (2) before the assignment by, to
26         or in respect of the Authority is, to the extent that the
27         act or omission has any effect, to be taken to have been
28         done or omitted by, to or in respect of --
29           (a) the Ministerial Body in the case of the assets
30                 and liabilities assigned by subsections (1)(a)
31                 and (2)(a); and
32           (b) the State in the case of assets and liabilities
33                 assigned by subsections (1)(b) and (2)(b).


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1            42.         Transfer orders
2                  (1)   To facilitate the statutory transition, the Minister may,
3                        by order published in the Gazette (a transfer order),
4                        specify all or any of the following --
5                          (a) assets and liabilities of the Authority that are to
6                                be assigned to the Ministerial Body by
7                                operation of section 41;
8                          (b) proceedings in which the Ministerial Body is to
9                                be substituted for the Authority as a party by
10                               operation of section 41;
11                         (c) agreements and instruments that, by operation
12                               of section 41, are to have effect as if references
13                               to the Ministerial Body were substituted, in
14                               accordance with the order, for references in the
15                               agreements and instruments to the Authority.
16                 (2)   A transfer order may also deal with any matter that is
17                       incidental or supplementary to a matter to which
18                       subsection (1) relates and the transfer order has effect
19                       accordingly.
20                 (3)   A transfer order may specify things by reference to one
21                       or more schedules that --
22                         (a) need not be published in the Gazette; but
23                         (b) must be available for public inspection.
24                 (4)   Anything specified in a schedule for a transfer order is
25                       to be taken to be specified in the transfer order.
26                 (5)   A thing may be specified in a transfer order by
27                       describing the class to which it belongs.
28                 (6)   Before a transfer order is made specifying an interest in
29                       land that, under the LAA, can only be assigned with
30                       the approval of the Minister for Lands, the Minister
31                       must obtain that approval.



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1          (7)   Before a transfer order is made specifying anything by
2                reference to a schedule, the Minister must consult each
3                relevant official about the form and content of the
4                schedule.
5          (8)   To the extent to which a schedule for a transfer order
6                relates to the functions of the Registrar of Titles, the
7                schedule must be in a form that meets the requirements
8                of the Registrar.
9          (9)   A thing done by, under or for the purposes of this Part
10               is not invalid merely because subsection (7) or (8) was
11               not complied with.
12    (10)       The fact that a previous transfer order has been made
13               does not prevent a further transfer order from being
14               made.
15    (11)       The Minister may, by order published in the Gazette,
16               amend a transfer order or a schedule for a transfer
17               order.
18    (12)       A transfer order, or an amendment to a transfer order or
19               to a schedule for a transfer order, can only be made
20               before transition day.

21   43.         Correction of errors in transfer orders
22         (1)   The Minister may, by order published in the Gazette,
23               make any provision that is necessary to correct any
24               error in a transfer order or a schedule for a transfer
25               order.
26         (2)   An order made under subsection (1) may have effect on
27               and after transition day.




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1                  (3)   To the extent that an order made under subsection (1)
2                        has effect before the day of its publication in the
3                        Gazette, section 41 does not operate as a result of the
4                        order so as --
5                          (a) to affect in a manner prejudicial to any person
6                                (other than the State or an authority of the
7                                State) the rights of that person existing before
8                                the day of its publication; or
9                          (b) to impose liabilities on any person (other than
10                               the State or an authority of the State) in respect
11                               of anything done or omitted before the day of
12                               its publication.

13           44.         Reserves managed by Authority
14                 (1)   This section applies to any Crown land that,
15                       immediately before transition day, was a reserve under
16                       the LAA section 41 for which the Authority was the
17                       management body under the LAA section 46(1).
18                 (2)   On transition day --
19                        (a) Crown land to which this section applies is to
20                              be taken to be a reserve under the LAA
21                              section 41 for the purposes of the Alcohol and
22                              Other Drugs Act 1974; and
23                        (b) the Ministerial Body is to be taken to be the
24                              management body of the reserve under the
25                              LAA section 46(1).
26                 (3)   For the purposes of section 45 and the purposes of the
27                       LAA --
28                        (a) subsection (2)(a) must be treated as if it were an
29                               order made under the LAA section 51 changing
30                               the purpose of the reserve; and




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1                 (b)    subsection (2)(b) must be treated as if it
2                        were --
3                          (i) an order made under the LAA
4                               section 50(1)(a) revoking the
5                               management order placing the care,
6                               control and management of the reserve
7                               with the Authority and specifying that
8                               any interests that existed in, or any
9                               caveats that existed in respect of, the
10                              reserve immediately before transition
11                              day continue to exist in respect of the
12                              reserve on and after transition day; and
13                        (ii) a management order made under the
14                              LAA section 46(1) placing the care,
15                              control and management of the reserve
16                              with the Ministerial Body subject to any
17                              conditions (with the changes necessary
18                              to take account of differences as to
19                              purpose and management body) to
20                              which the management order referred to
21                              in subparagraph (i) was subject
22                              immediately before transition day.

23   45.         Registration of documents
24         (1)   The relevant officials --
25                (a) must take notice of this Part and any transfer
26                       order, including any schedule for the transfer
27                       order; and
28                (b) must record and register in the appropriate
29                       manner the documents necessary to show the
30                       effect of this Part and any transfer order.
31         (2)   The Minister must give a copy of each transfer order
32               and any schedule for it, and any amendment to a
33               transfer order or to a schedule for a transfer order, to
34               each relevant official.

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     s. 13



1            46.         Authority to complete necessary transactions
2                  (1)   If an asset or liability of the Authority cannot be
3                        properly assigned to the Ministerial Body or the State
4                        by the operation of this Division (whether because the
5                        matter is governed otherwise than by the law of the
6                        State or for any other reason) --
7                          (a) the Authority is to be taken to continue to hold
8                                that asset or be liable for that liability until it is
9                                effectively assigned to the Ministerial Body or
10                               the State in accordance with this Division; and
11                         (b) the Authority must take all practicable steps for
12                               the purpose of ensuring that the asset or
13                               liability is effectively assigned to the
14                               Ministerial Body or the State in accordance
15                               with this Division.
16                 (2)   The fact that subsection (1)(a) applies to an asset or
17                       liability that is to be assigned to the Ministerial Body
18                       or the State under this Division does not affect the duty
19                       of the accountable authority of the Department under
20                       the Financial Management Act 2006.
21                 (3)   Despite section 39, the Authority continues in
22                       existence for the purpose of performing the functions
23                       described in subsection (1).
24                 (4)   The Authority must perform those functions through a
25                       person appointed by the Minister.
26                 (5)   The person holds office at the pleasure of the Minister
27                       and on such terms and conditions as the Minister
28                       determines.
29                 (6)   The Authority as continued by this section has the
30                       powers that are necessary or convenient for the
31                       purposes of this section.




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1    47.         Exemption from State tax
2          (1)   In this section --
3                State tax includes --
4                  (a) duty chargeable under the Duties Act 2008; and
5                  (b) any other tax, duty, fee, levy or charge under a
6                         law of the State.
7          (2)   State tax is not payable in relation to --
8                  (a) anything that occurs by operation of this Part;
9                        or
10                 (b) anything done (including a transaction entered
11                       into or an instrument or document of any kind
12                       made, executed, lodged or given) under this
13                       Part, or to give effect to this Part, or for a
14                       purpose connected with or arising out of giving
15                       effect to this Part.
16         (3)   The Minister may certify in writing that --
17                (a) a specified thing occurred by operation of this
18                     Part; or
19                (b) a specified thing was done under this Part, or to
20                     give effect to this Part, or for a purpose
21                     connected with or arising out of giving effect to
22                     this Part.
23         (4)   For all purposes and in all proceedings, a certificate
24               under subsection (3) is sufficient evidence of the
25               matters it certifies unless the contrary is shown.

26   48.         Operating accounts of Authority
27         (1)   In this section --
28               former accounts means --
29                 (a) the Western Australian Alcohol and Drug
30                        Authority Account referred to in the former Act
31                        section 28(2); and

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1                         (b)    any other operating accounts of the Authority.
2                  (2)   On transition day, any moneys standing to the credit of
3                        the former accounts must be credited to an operating
4                        account of the Department and the former accounts
5                        must then be closed.
6                  (3)   Moneys referred to in subsection (2) may be applied --
7                         (a) in the payment of any liabilities of the former
8                              accounts arising before transition day; and
9                         (b) for the purposes of this Act.
10                 (4)   The operating account referred to in subsection (2)
11                       must be credited with any money payable to the former
12                       accounts before transition day that is paid on or after
13                       that day.
14                 (5)   On and after transition day, any agreement, instrument
15                       or other document that contains a reference to any of
16                       the former accounts has effect as if the reference were
17                       to the operating account referred to in subsection (2).

18           49.         Investments
19                 (1)   Despite the repeal of the former Act Part IV, the
20                       investment of any funds of the Authority that was
21                       authorised under the former Act section 30
22                       immediately before transition day continues on and
23                       after transition day to be authorised as if that section
24                       had not been repealed.
25                 (2)   Funds referred to in subsection (1) that cease to be
26                       invested as described in that subsection must be
27                       credited to an operating account of the Department.




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                                                                         s. 13



1                      Division 4 -- Authority's staff
2    50.         Employees of Authority
3          (1)   A person who, immediately before transition day, held
4                an appointment under the former Act section 21(1)(a)
5                that required the person to be a medical practitioner is
6                to be taken, on and after transition day, to be appointed
7                under the amended Act section 15(1)(b).
8          (2)   A person who, immediately before transition day, held
9                another appointment under the former Act
10               section 21(1)(a) is to be taken, on and after transition
11               day, to be a public service officer employed in the
12               Department.
13         (3)   A person who, immediately before transition day, held
14               an appointment under the former Act section 21(1)(b)
15               is to be taken, on and after transition day, to be
16               appointed under the amended Act section 15(1)(c).
17         (4)   A person who, immediately before transition day, is a
18               senior executive officer (as defined in the Public Sector
19               Management Act 1994 section 3(1)) employed in the
20               Authority is to be taken, on and after transition day, to
21               be a senior executive officer employed in the
22               Department.

23   51.         Preservation of rights
24         (1)   This section applies in relation to a person to whom
25               section 50 applies.
26         (2)   Except as otherwise agreed by the person, the operation
27               of section 50 does not --
28                 (a) affect the person's pay as defined in the Public
29                       Sector Management (Redeployment and
30                       Redundancy) Regulations 1994 regulation 3(1);
31                       or


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     s. 13



1                           (b)   affect the person's existing or accruing rights in
2                                 respect of annual leave, long service leave, sick
3                                 leave or any other leave; or
4                           (c)   affect any rights under a superannuation
5                                 scheme; or
6                           (d)   interrupt the continuity of the person's service.
7                  (3)    For the purposes of subsection (2)(d), the person's
8                         service with the Authority is to be taken to have been
9                         service in the Department.

10                       Division 5 -- Continuation of certain things
11           52.          Completion of things done
12                        Anything commenced to be done by the Authority
13                        before transition day may be continued on and after
14                        transition day by a relevant successor so far as the
15                        doing of the thing is within the relevant successor's
16                        functions.

17           53.          Continuing effect of things done
18                 (1)    This section applies in relation to an act or omission
19                        done or omitted before transition day by, to or in
20                        respect of the Authority to the extent that the act or
21                        omission --
22                          (a) has force or significance; and
23                          (b) is not governed by another provision of this
24                                Part.
25                 (2)    On and after transition day, the act or omission is to be
26                        taken to have been done or omitted by, to or in respect
27                        of a relevant successor so far as the act or omission
28                        relates to the relevant successor's functions.




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                                                                             s. 13



1    54.         Agreements, instruments, proceedings and remedies
2                generally
3          (1)   Subsection (2) applies to any agreement or instrument
4                to which section 41 does not apply.
5          (2)   On and after transition day, any agreement or
6                instrument that contains a reference to the Authority
7                has effect as if the reference were to a relevant
8                successor so far as the reference relates to the relevant
9                successor's functions, unless the context otherwise
10               requires.
11         (3)   Subsection (4) applies in relation to any proceedings or
12               remedy to which section 41 does not apply.
13         (4)   On and after transition day, any proceedings or remedy
14               that might have been commenced or continued by or
15               against, or might have been available to or against, the
16               Authority may be commenced or continued by or
17               against, or is available to or against, a relevant
18               successor so far as the proceedings or remedy are in
19               respect of an act, matter or thing that is within the
20               relevant successor's functions.

21                      Division 6 -- Other matters
22   55.         Authority's records to be delivered to CEO
23               As soon as practicable after transition day, all papers,
24               documents, minutes, books of account and other
25               records (however compiled, recorded or stored) of the
26               Authority must be delivered to the CEO.

27   56.         Transitional regulations
28         (1)   In this section --
29               publication day, for regulations made under
30               subsection (2), means the day on which those
31               regulations are published in the Gazette;

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     s. 13



1                    specified means specified or described in regulations
2                    made under subsection (2);
3                    transitional matter --
4                      (a) means a matter that needs to be dealt with for
5                            the purpose of effecting the statutory transition;
6                            and
7                      (b) includes a saving or application matter.
8              (2)   If there is no sufficient provision in this Part or in a
9                    transfer order for dealing with a transitional matter, the
10                   Governor may make regulations prescribing matters --
11                     (a) required to be prescribed for the purpose of
12                            dealing with the transitional matter; or
13                     (b) necessary or convenient to be prescribed for the
14                            purpose of dealing with the transitional matter.
15             (3)   Regulations made under subsection (2) may provide
16                   that specified provisions of this Act --
17                     (a) do not apply to or in relation to a specified
18                           matter; or
19                     (b) apply with specified modifications to or in
20                           relation to a specified matter.
21             (4)   If regulations made under subsection (2) provide that a
22                   specified state of affairs is to be taken to have existed,
23                   or not to have existed, on and after a day that is earlier
24                   than publication day for those regulations but not
25                   earlier than transition day, the regulations have effect
26                   according to their terms.
27             (5)   If regulations made under subsection (2) contain a
28                   provision referred to in subsection (4), the provision
29                   does not operate so as --
30                     (a) to affect in a manner prejudicial to a person
31                           (other than the State or an authority of the



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                                                                         s. 13



1                       State) the rights of that person existing before
2                       publication day for those regulations; or
3                 (b)   to impose liabilities on a person (other than the
4                       State or an authority of the State) in respect of
5                       an act done or omission made before
6                       publication day for those regulations.
7          (6)   Regulations can only be made under subsection (2)
8                within 24 months after the day on which the Alcohol
9                and Drug Authority Amendment Act 2014 receives the
10               Royal Assent.

11   57.         Effect on other instruments, rights and obligations
12               The operation of this Part or a transfer order must not
13               be regarded --
14                 (a) as a breach of contract or confidence or
15                      otherwise as a civil wrong; or
16                (b) as a breach of any contractual provision
17                      prohibiting, restricting or regulating the
18                      assignment or transfer of assets, rights or
19                      liabilities or the disclosure of information; or
20                 (c) as giving rise to any remedy by a party to an
21                      instrument, or as causing or permitting the
22                      termination of any instrument, because of a
23                      change in the beneficial or legal ownership of
24                      any assets, rights or liabilities; or
25                (d) as causing any contract or instrument to be void
26                      or otherwise unenforceable; or
27                 (e) as releasing or allowing the release of any
28                      surety.

29   58.         Interpretation Act 1984 not affected
30               Except to the extent this Part expressly provides
31               differently, the Interpretation Act 1984 applies in



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    s. 13



1                 relation to the repeal of an enactment by the Alcohol
2                 and Drug Authority Amendment Act 2014 Part 2.
3




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                                 Alcohol and Drug Authority Amendment Bill 2014
                                              Other Acts amended         Part 3

                                                                               s. 14



1                       Part 3 -- Other Acts amended
2    14.         Constitution Acts Amendment Act 1899 amended
3          (1)   This section amends the Constitution Acts Amendment Act 1899.
4          (2)   In Schedule V Part 2 Division 2 delete "Act 1951, or the
5                Western Australian Alcohol and Drug Authority established
6                under the Alcohol and Drug Authority Act 1974." and insert:
7

8                Act 1951.
9


10   15.         Coroners Act 1996 amended
11         (1)   This section amends the Coroners Act 1996.
12         (2)   In section 3 in the definition of person held in care
13               paragraph (b) delete "Drug Authority" and insert:
14

15               Other Drugs
16


17   16.         Financial Management Act 2006 amended
18         (1)   This section amends the Financial Management Act 2006.
19         (2)   In Schedule 1 delete "Western Australian Alcohol and Drug
20               Authority".

21   17.         Public Sector Management Act 1994 amended
22         (1)   This section amends the Public Sector Management Act 1994.
23         (2)   Delete Schedule 2 item 58.




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    s. 18



1   18.         Spent Convictions Act 1988 amended
2         (1)   This section amends the Spent Convictions Act 1988.
3         (2)   In Schedule 3 clause 1(7) in the Table item 1(d) delete "Drug
4               Authority" and insert:
5

6               Other Drugs
7


8




 


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