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


CHEMISTRY CENTRE (WA) BILL 2006

                      Western Australia


      Chemistry Centre (WA) Bill 2006

                         CONTENTS


        Part 1 -- Preliminary
1.      Short title                                          2
2.      Commencement                                         2
3.      Terms used in this Act                               2
        Part 2 -- Chemistry Centre (WA)
4.      Chemistry Centre established                         5
5.      Status                                               5
6.      Board of management                                  5
7.      Constitution and proceedings of board                5
8.      Remuneration of members of the board                 6
        Part 3 -- Functions and powers of the
             Chemistry Centre
9.      Functions                                            7
10.     Principles of operation                              7
11.     Powers                                               8
12.     Transactions that require Ministerial approval      10
13.     Exemptions from section 12                          11
14.     Delegation by the Chemistry Centre                  11
15.     Use of trading names for Chemistry Centre and its
        operations                                          12
        Part 4 -- Staff
16.     Chief executive officer                             13
17.     Other staff and contractors                         13
18.     Use of other government staff and facilities        14




                           121--2                            page i
Chemistry Centre (WA) Bill 2006



Contents



              Part 5 -- Accountability and
                   financial provisions
              Division 1 -- Accountability
      19.     Duty to observe policy instruments                15
      20.     Strategic development plan and statement of
              corporate intent                                  15
      21.     Minister to be kept informed                      16
      22.     Minister may give directions                      16
      23.     Minister to have access to information            17
      24.     Information not available to the Minister         18
      25.     Protection for disclosure or compliance with
              directions                                        18
              Division 2 -- Financial provisions
      26.     Chemistry Centre's funds                          18
      27.     Chemistry Centre (WA) Account                     19
      28.     Borrowing                                         19
      29.     Guarantees                                        20
      30.     Charges for guarantee                             20
      31.     Liability for duties, taxes and other statutory
              imposts                                           20
              Division 3 -- Financial Management Act 2006
                     and Auditor General Act 2006
      32.     Application of Financial Management Act 2006
              and Auditor General Act 2006                      22
              Part 6 -- General provisions
      33.     Confidentiality                                   23
      34.     Confidentiality -- contractors                     24
      35.     Confidentiality -- reports and other documents     25
      36.     Laying documents before Parliament                26
      37.     Execution of documents by Chemistry Centre        26
      38.     Contract formalities                              27
      39.     Protection from liability                         28
      40.     Regulations                                       28
      41.     Review of Act                                     28
      42.     Transitional and savings provisions               29
      43.     Amendments to other Acts                          29




page ii
                                   Chemistry Centre (WA) Bill 2006



                                                         Contents



      Schedule 1 -- Constitution and
          proceedings of the board
      Division 1 -- General provisions
1.    Term of office                                        30
2.    Resignation, removal, etc.                            30
3.    Leave of absence                                      30
4.    Chairperson unable to act                             30
5.    Board member unable to act                            31
6.    Saving                                                31
7.    Calling of meetings                                   31
8.    Presiding officer                                     31
9.    Quorum                                                31
10.   Voting                                                32
11.   Minutes                                               32
12.   Resolution without meeting                            32
13.   Holding meetings remotely                             32
14.   Committees                                            32
15.   Board to determine own procedures                     32
      Division 2 -- Disclosure of interests etc.
16.   Disclosure of interests                               33
17.   Voting by interested members                          33
18.   Clause 17 may be declared inapplicable                33
19.   Quorum where clause 17 applies                        34
20.   Minister may declare clauses 17 and 19
      inapplicable                                          34
      Schedule 2 -- Transitional provisions
      Division 1 -- Interpretation
1.    Terms used in this Schedule                           35
      Division 2 -- Transfer of assets, liabilities,
            proceedings etc.
2.    Minister may make transfer orders                     35
3.    Consequences of transfer order                        37
4.    Department to complete necessary transactions         37
5.    Registration of documents                             38
6.    Exemption from State taxes                            38
7.    Rectifying error in transfer order                    39



                                                           page iii
Chemistry Centre (WA) Bill 2006



Contents



              Division 3 -- Continuing effect of things done
      8.      Terms used in this Division                        40
      9.      Completion of things commenced                     40
      10.     Continuing effect of references and things done
              generally                                          40
              Division 4 -- Miscellaneous transitional
                    provisions
      11.     Relevant amount for the purposes of section 12     41
      12.     Further transitional provision may be made         41
      13.     Saving                                             41
              Schedule 3 -- Amendment of other
                  written laws
      1.      Constitution Acts Amendment Act 1899 amended       43
      2.      Financial Management Act 2006 amended              43
      3.      Public Sector Management Act 1994 amended          43
      4.      Statutory Corporations (Liability of Directors)
              Act 1996 amended                                   44
      5.      Various references to Director of the Chemistry
              Centre changed to chief executive officer of the
              Chemistry Centre                                   44
      6.      State Superannuation Regulations 2001 amended      45
              Defined Terms




page iv
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)


           Chemistry Centre (WA) Bill 2006


                               A Bill for


An Act to --
•  establish an agency of the Crown with the function of providing
    chemical information, advice and analytical services to the State
    and other persons and with related functions;
•  make consequential amendments to certain Acts,
and for related purposes.



The Parliament of Western Australia enacts as follows:




                                                                page 1
     Chemistry Centre (WA) Bill 2006
     Part 1         Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This is the Chemistry Centre (WA) Act 2006.

     2.         Commencement
 5        (1)   This Act, other than Part 1 and Schedule 2, comes into operation
                on a day fixed by proclamation.
          (2)   Different days may be fixed under subsection (1) for different
                provisions.
          (3)   Part 1 and Schedule 2 come into operation on the day on which
10              this Act receives the Royal Assent.

     3.         Terms used in this Act
          (1)   In this Act, unless the contrary intention appears --
                "account" means the account referred to in section 27;
                "board" means the board of management provided for under
15                   section 6 and, in Schedule 1 Division 2, includes a
                     committee;
                "chairperson" means the chairperson of the board;
                "Chemistry Centre" means the Chemistry Centre (WA)
                     established by section 4;
20              "chief executive officer" means the chief executive officer
                     referred to in section 16;
                "client related information" means, in relation to services
                     provided by the Chemistry Centre --
                     (a) information obtained from or for a private client as
25                         part of providing those services to the client; or
                    (b) the fact that a private client has sought those services;
                "committee" means a committee appointed under Schedule 1
                    clause 14;


     page 2
                                      Chemistry Centre (WA) Bill 2006
                                          Preliminary          Part 1

                                                                   s. 3



     "government agency" means --
         (a) a department of the Public Service;
         (b) a State agency or instrumentality; or
         (c) a body (whether incorporated or not) or the holder of
 5             an office, post or position, established or continued
               by or under a written law for a public purpose;
     "member of staff " means the chief executive officer or a
         person referred to in section 17(1) or (2);
     "member of the board" includes a person appointed under
10       Schedule 1 clause 5 and, in Schedule 1 Division 2, includes
         a member of a committee;
     "personal information" means information or an opinion,
         whether true or not, about an individual whose identity is
         apparent, or can reasonably be ascertained, from the
15       information, but does not include information or an opinion
         about a member of the board, a member of a committee, a
         member of staff or any other person engaged under
         section 17 or made available under section 17(6) or 18, in
         that capacity;
20   "private client" means a person or organisation, other than a
         government agency --
         (a) for whom the Chemistry Centre has provided, or is
               providing, services; or
         (b) who has sought the services of the Chemistry Centre;
25   "subsidiary" means --
         (a) a body determined to be a subsidiary of the
               Chemistry Centre under subsection (2); or
         (b) a unit trust, joint venture or partnership where the
               interest or other rights of the Chemistry Centre in
30             connection with the unit trust, joint venture or
               partnership entitle the Chemistry Centre to --
                  (i) control the composition of the governing body
                       of the unit trust, joint venture or partnership;


                                                                page 3
    Chemistry Centre (WA) Bill 2006
    Part 1         Preliminary

    s. 3



                        (ii)    cast, or control the casting of, more than
                                one-half of the maximum number of votes
                                that might be cast at a general meeting of the
                                unit trust, joint venture or partnership; or
5                       (iii)   control the business affairs of the unit trust,
                                joint venture or partnership.
       (2)   The Commonwealth Corporations Act 2001 Part 1.2 Division 6
             applies for the purpose of determining whether a body is a
             subsidiary of the Chemistry Centre.




    page 4
                                                Chemistry Centre (WA) Bill 2006
                                            Chemistry Centre (WA)        Part 2

                                                                                 s. 4



                     Part 2 -- Chemistry Centre (WA)
     4.         Chemistry Centre established
          (1)   A body called the Chemistry Centre (WA) is established.
          (2)   The Chemistry Centre is a body corporate with perpetual
 5              succession.
          (3)   Proceedings may be taken by or against the Chemistry Centre in
                its corporate name.

     5.         Status
                The Chemistry Centre is an agent of the Crown and enjoys the
10              status, immunities and privileges of the Crown.

     6.         Board of management
          (1)   The Chemistry Centre is to have a board of management
                comprising --
                  (a) one member appointed as the chairperson;
15                (b) one member appointed as the deputy chairperson; and
                  (c) 5 other members.
          (2)   The board is the governing body of the Chemistry Centre and,
                in the name of the Chemistry Centre, is to perform the functions
                of the Chemistry Centre.
20        (3)   The members of the board are to be appointed by the Minister.
          (4)   The Minister is to ensure that each person appointed to the
                board has expertise that, in the Minister's opinion, is relevant to
                the functions of the Chemistry Centre.

     7.         Constitution and proceedings of board
25              Schedule 1 has effect with respect to the board and its members
                and a committee and its members.



                                                                             page 5
     Chemistry Centre (WA) Bill 2006
     Part 2         Chemistry Centre (WA)

     s. 8



     8.         Remuneration of members of the board
          (1)   A member of the board is to be paid such remuneration and
                travelling and other allowances as are determined in his or her
                case by the Minister on the recommendation of the Minister for
 5              Public Sector Management.
          (2)   A member of a committee who is not a member of the board is
                to be paid such remuneration and travelling and other
                allowances as are determined in his or her case by the Minister
                on the recommendation of the Minister for Public Sector
10              Management.




     page 6
                                                  Chemistry Centre (WA) Bill 2006
                      Functions and powers of the Chemistry Centre         Part 3

                                                                              s. 9



                   Part 3 -- Functions and powers of the
                            Chemistry Centre
     9.          Functions
                 The functions of the Chemistry Centre are --
 5                (a) to provide chemical information, advice and analytical
                        services to government agencies, particularly, but not
                        exclusively, in the areas of --
                            (i) forensic science and medicine;
                           (ii) public health and safety;
10                        (iii) environmental protection; and
                          (iv) crisis and emergency response and management;
                  (b) to undertake research and development that will, or is
                        likely to, assist --
                            (i) in the development of the State; and
15                         (ii) in the performance of its other functions;
                  (c) to promote, and assist in the provision of, chemistry
                        based education and training and fundamental and
                        applied research and development;
                  (d) to earn revenue by engaging in commercial activities
20                      that are not inconsistent with, and do not have an
                        adverse effect on, the performance of its other functions
                        and are --
                            (i) connected with the performance of the Chemistry
                                 Centre's other functions; or
25                         (ii) authorised by the regulations.

     10.         Principles of operation
           (1)   The Chemistry Centre is to perform its functions and manage its
                 affairs in accordance with the following principles --
                   (a) it is to provide high quality, independent chemical
30                        information, advice and analytical services;

                                                                           page 7
     Chemistry Centre (WA) Bill 2006
     Part 3         Functions and powers of the Chemistry Centre

     s. 11



                  (b)     it is to provide that information and advice and those
                          services in a timely manner;
                   (c)    it is to maintain its capacity to adhere to the principles in
                          paragraphs (a) and (b), particularly, but not exclusively,
 5                        by ensuring that --
                             (i) persons with the skills and experience necessary
                                   to do so are members of staff, or otherwise
                                   employed by or made available to it; and
                            (ii) it has, or has available to it, the materials,
10                                 equipment and infrastructure necessary to
                                   perform its functions;
                  (d)     it is to perform its functions in a cost effective manner
                          (to the extent practicable).
           (2)   When engaging, or proposing to engage, in a commercial
15               activity, the Chemistry Centre is to ensure that --
                   (a) the activity is consistent with its strategic development
                          plan and statement of corporate intent; and
                   (b) the activity is likely to be of benefit to the community of
                          Western Australia.
20         (3)   The Chemistry Centre may perform any of its functions in the
                 State or elsewhere.

     11.         Powers
           (1)   The Chemistry Centre has all the powers it needs to perform its
                 functions.
25         (2)   The Chemistry Centre may, for the purpose of performing any
                 of its functions, but subject to any limitation imposed by this
                 Act --
                   (a) acquire, construct, add to, alter, improve, hold, maintain,
                          manage, develop or dispose of, real or personal
30                        property;




     page 8
                                               Chemistry Centre (WA) Bill 2006
                   Functions and powers of the Chemistry Centre         Part 3

                                                                           s. 11



            (b)     enter into a contract or other arrangement, including a
                    contract or arrangement for the provision of services to
                    the Chemistry Centre;
            (c)     act as an agent or provide consultancy, professional or
 5                  technical services or other assistance under a contract
                    for services or other arrangement;
            (d)     with the Minister's and the Treasurer's approval,
                    participate in any business concern or acquire, hold and
                    dispose of, shares, units or other interests in or relating
10                  to a business concern;
            (e)     collaborate with any person or body in the performance
                    of its functions;
             (f)    carry out any investigation, survey, exploration,
                    feasibility study, evaluation or review;
15          (g)     produce and publish information on matters relating to
                    its functions, including results for research and
                    development undertaken by the Chemistry Centre, alone
                    or collaboratively;
            (h)     produce and deal in any equipment, facilities or system
20                  associated with the performance of its functions;
             (i)    develop and turn to account any technology, software or
                    other intellectual property that relates to its functions
                    and, for that purpose, apply for, hold, exploit and
                    dispose of any patent, patent rights, copyright or similar
25                  rights; and
             (j)    promote and market the Chemistry Centre and its
                    activities.
     (3)   Subsection (2) does not limit subsection (1) or any of the
           Chemistry Centre's other powers.
30   (4)   The Chemistry Centre may --
            (a) make any gift for a charitable purpose or any other
                 purpose of benefit to the community or a section of the
                 community;


                                                                         page 9
     Chemistry Centre (WA) Bill 2006
     Part 3         Functions and powers of the Chemistry Centre

     s. 12



                  (b)   make any ex gratia payment that it considers to be in the
                        Chemistry Centre's interest; or
                  (c)   accept any gift or other payment if it is absolute, or
                        subject to conditions that it would be able to satisfy.
 5         (5)   In this section --
                 "acquire" includes acquiring --
                      (a) by way of a lease, licence, easement or bailment; or
                      (b) in any other manner in which an interest in property
                             may be acquired;
10               "business concern" means a company, a partnership, a trust, a
                      joint venture or any other business arrangement;
                 "dispose of " includes dispose of --
                      (a) by way of a lease, licence, easement or bailment; or
                      (b) in any other manner in which an interest in property
15                           may be disposed of;
                 "participate in" a business concern includes form, promote,
                      establish, enter into, manage, dissolve, wind up, and do
                      things incidental to participating in, a business concern.

     12.         Transactions that require Ministerial approval
20         (1)   Despite sections 9, 10 and 11, the Chemistry Centre must get
                 the Minister's approval before a transaction to which this
                 section applies is entered into.
           (2)   This section applies to a transaction if --
                  (a) it is to be entered into by the Chemistry Centre or a
25                       subsidiary of the Chemistry Centre;
                  (b) it is not exempt under section 13; and
                  (c) the Chemistry Centre's liability exceeds the relevant
                         amount.




     page 10
                                                   Chemistry Centre (WA) Bill 2006
                       Functions and powers of the Chemistry Centre         Part 3

                                                                               s. 13



           (3)   For the purposes of subsection (2)(c) --
                  (a) the Chemistry Centre's liability is the amount or value
                         of the consideration or the amount to be paid by the
                         Chemistry Centre or a subsidiary, worked out as at the
 5                       time when the transaction is entered into; and
                  (b) the relevant amount is the larger of --
                            (i) an amount equal to 5% of the value of the total
                                 reported assets of the Chemistry Centre as set out
                                 in the most recent annual report of the Chemistry
10                               Centre under the Financial Management
                                 Act 2006 Part 5; or
                           (ii) $1 000 000.
           (4)   In this section and section 13 --
                 "transaction" includes a contract or other arrangement but does
15                    not include --
                      (a) an exercise of the power under section 11(2)(d); or
                      (b) a transaction under section 28.

     13.         Exemptions from section 12
           (1)   The Minister, with the Treasurer's concurrence, may by order
20               exempt a transaction or class of transaction from the operation
                 of section 12 either unconditionally or on specified conditions.
           (2)   An order under subsection (1) may be revoked or amended by
                 the Minister with the Treasurer's concurrence.
           (3)   The Minister must, within 14 days after an order under
25               subsection (1) or (2) is made, cause a copy of it to be laid before
                 each House of Parliament or be dealt with in accordance with
                 section 36.

     14.         Delegation by the Chemistry Centre
           (1)   The Chemistry Centre may delegate to a person any power or
30               duty of the Chemistry Centre under another provision of this
                 Act.

                                                                            page 11
     Chemistry Centre (WA) Bill 2006
     Part 3         Functions and powers of the Chemistry Centre

     s. 15



           (2)   The delegation must be in writing executed by the Chemistry
                 Centre.
           (3)   If a person is not a member of the board or a member of the
                 staff of the Chemistry Centre, a power or duty can only be
 5               delegated to the person under this section if the person has been
                 approved for the purposes of this section by the Minister.
           (4)   An approval under subsection (3) may be given in respect of --
                  (a) a specified person or persons of a specified class; or
                  (b) the holder or holders for the time being of a specified
10                      office or class of office.
           (5)   A person to whom a power or duty is delegated under this
                 section cannot delegate that power or duty.
           (6)   A person exercising or performing a power or duty that has been
                 delegated to the person under this section is to be taken to do so
15               in accordance with the terms of the delegation unless the
                 contrary is shown.
           (7)   Nothing in this section limits the ability of the Chemistry Centre
                 to perform a function through an officer or agent.
           (8)   This section does not apply to the execution of documents but
20               authority to execute documents on behalf of the Chemistry
                 Centre can be given under section 37.

     15.         Use of trading names for Chemistry Centre and its
                 operations
                 The Chemistry Centre may use and operate under one or more
25               trading names approved by the Minister, being --
                   (a) an abbreviation or adaptation of its corporate name; or
                   (b) a name other than its corporate name.




     page 12
                                                   Chemistry Centre (WA) Bill 2006
                                                              Staff         Part 4

                                                                                s. 16



                                   Part 4 -- Staff
     16.         Chief executive officer
           (1)   A chief executive officer of the Chemistry Centre is to be
                 appointed under the Public Sector Management Act 1994 Part 3.
 5         (2)   Subject to the control of the board, the chief executive officer is
                 to administer the day to day operations of the Chemistry Centre.

     17.         Other staff and contractors
           (1)   Public service officers may be appointed or made available
                 under the Public Sector Management Act 1994 Part 3 to enable
10               the Chemistry Centre to perform its functions.
           (2)   The Chemistry Centre may engage persons as staff otherwise
                 than under the Public Sector Management Act 1994 Part 3.
           (3)   The remuneration of and other terms and conditions of
                 employment of persons referred to in subsection (2) are not to
15               be less favourable than is provided for in --
                   (a) an applicable industrial award, order or agreement under
                          the Industrial Relations Act 1979; or
                   (b) the Minimum Conditions of Employment Act 1993.
           (4)   Nothing in subsection (3) affects the operation of the Industrial
20               Relations Act 1979 Part VID.
           (5)   Subsections (1) and (2) do not affect the power of the Chemistry
                 Centre to engage a person under a contract for services or
                 appoint a person on a casual employment basis under the Public
                 Sector Management Act 1994 section 100.
25         (6)   The Chemistry Centre may, by arrangement on such terms as
                 are agreed with the relevant parties, make use of the services of
                 a person employed by another person.




                                                                             page 13
     Chemistry Centre (WA) Bill 2006
     Part 4         Staff

     s. 18



     18.         Use of other government staff and facilities
           (1)   The Chemistry Centre may by arrangement with the relevant
                 employing authority make use, either full-time or part-time, of
                 the services of any officer or employee --
 5                 (a) in the Public Service;
                   (b) in a State agency or instrumentality; or
                   (c) otherwise in the service of the State.
           (2)   The Chemistry Centre may by arrangement with --
                  (a) a department of the Public Service; or
10                (b) a State agency or instrumentality,
                 make use of any facilities of the department, agency or
                 instrumentality.
           (3)   An arrangement under subsection (1) or (2) is to be made on
                 such terms as are agreed to by the parties.
15         (4)   In this section, "employing authority", "Public Service" and
                 other expressions used in the Public Sector Management
                 Act 1994 each have the meaning given to them in that Act.




     page 14
                                                     Chemistry Centre (WA) Bill 2006
                               Accountability and financial provisions        Part 5
                                                       Accountability    Division 1
                                                                                s. 19



           Part 5 -- Accountability and financial provisions
                             Division 1 -- Accountability
     19.         Duty to observe policy instruments
                 The Chemistry Centre is to perform its functions in accordance
 5               with its strategic development plan and its statement of
                 corporate intent as existing from time to time.

     20.         Strategic development plan and statement of corporate
                 intent
           (1)   The Board must, at the prescribed times, prepare and submit to
10               the Minister --
                   (a) a strategic development plan for the Chemistry Centre;
                        and
                   (b) a statement of corporate intent for the Chemistry Centre.
           (2)   The regulations may make provision for the following --
15                (a) the manner and form in which the Board is to prepare,
                        submit, revise or modify a strategic development plan or
                        statement of corporate intent;
                  (b) the period a strategic development plan or statement of
                        corporate intent is to cover;
20                (c) the matters to be set out in a strategic development plan
                        or statement of corporate intent;
                  (d) the functions of the Board, the Minister and the
                        Treasurer in relation to the development, approval or
                        modification of a strategic development plan or
25                      statement of corporate intent;
                  (e) the operation of a strategic development plan or
                        statement of corporate intent.
           (3)   If a regulation referred to in subsection (2) enables the Minister
                 to give directions to the Board, the Minister must cause a copy
30               of a direction given under the regulation to be laid before each

                                                                             page 15
     Chemistry Centre (WA) Bill 2006
     Part 5         Accountability and financial provisions
     Division 1     Accountability
     s. 21



                 House of Parliament or be dealt with in accordance with
                 section 36 --
                   (a) within 14 days after a direction is given; or
                   (b) if the direction is the subject of a notice under the
 5                       Statutory Corporations (Liability of Directors) Act 1996
                         section 17, within 14 days after it is confirmed under
                         that section.
           (4)   Regulations referred to in subsection (2) are not to be made
                 except with the Treasurer's concurrence.

10   21.         Minister to be kept informed
           (1)   The Chemistry Centre must --
                  (a) keep the Minister reasonably informed of the operations,
                       financial performance, and financial position of the
                       Chemistry Centre and prospects of the Chemistry
15                     Centre;
                  (b) give the Minister reports and information that the
                       Minister requires for the making of informed
                       assessments of matters referred to in paragraph (a); and
                  (c) if matters arise that in the Chemistry Centre's opinion
20                     may prevent, or significantly affect, achievement of the
                       Chemistry Centre's objectives and targets outlined in its
                       strategic development plan and statement of corporate
                       intent -- promptly inform the Minister of the matters
                       and its opinion in relation to them.
25         (2)   This section is subject to section 24.

     22.         Minister may give directions
           (1)   The Minister may give written directions to the Chemistry
                 Centre with respect to the performance of its functions
                 generally, and the Chemistry Centre must give effect to any
30               such direction.



     page 16
                                                     Chemistry Centre (WA) Bill 2006
                               Accountability and financial provisions        Part 5
                                                       Accountability    Division 1
                                                                                s. 23



           (2)   The Minister must cause a copy of a direction under
                 subsection (1) to be laid before each House of Parliament, or
                 dealt with under section 36, within 14 days after the day on
                 which the direction is given.
 5         (3)   The text of a direction under subsection (1) is to be included in
                 the annual report submitted by the accountable authority of the
                 Chemistry Centre under the Financial Management Act 2006
                 Part 5.

     23.         Minister to have access to information
10         (1)   The Minister is entitled --
                  (a) to have information in the possession of the Chemistry
                       Centre; and
                  (b) if the information is in or on a document, to have, and
                       make and retain copies of, that document.
15         (2)   For the purposes of subsection (1) the Minister may --
                   (a)   request the Chemistry Centre to give information to the
                         Minister;
                  (b)    request the Chemistry Centre to give the Minister access
                         to information; and
20                 (c)   request the use of the staff of the Chemistry Centre to
                         obtain the information and give it to the Minister.
           (3)   The Chemistry Centre must comply with a request under
                 subsection (2).
           (4)   This section is subject to section 24.
25         (5)   In this section --
                 "document" includes any tape, disk or other device or medium
                      on which information is recorded or stored mechanically,
                      photographically, electronically or otherwise;
                 "information" means information specified, or of a description
30                    specified, by the Minister that relates to the functions of the
                      Chemistry Centre.

                                                                             page 17
     Chemistry Centre (WA) Bill 2006
     Part 5         Accountability and financial provisions
     Division 2     Financial provisions
     s. 24



     24.         Information not available to the Minister
           (1)   Nothing in this Act entitles the Minister to have client related
                 information or personal information in the possession of the
                 Chemistry Centre obtained in the course of the Chemistry
 5               Centre performing its functions.
           (2)   This section does not apply to, or in relation to, client related
                 information or personal information to the extent to which --
                   (a) the information is already in the public domain;
                   (b) the information is summary or statistical information
10                       that could not reasonably be expected to enable
                         particulars relating to any person or organisation to be
                         ascertained;
                   (c) disclosure of the information to the Minister is required
                         by another written law; or
15                 (d) disclosure of the information to the Minister is
                         authorised by each person or organisation to whom it
                         relates.

     25.         Protection for disclosure or compliance with directions
                 The Chemistry Centre or a person performing functions under
20               this Act is not liable --
                   (a) in respect of any claim arising as a consequence of the
                         disclosure of information or documents under this Act;
                         or
                   (b) for the fact of having done or omitted a thing that is
25                       required to be done or omitted by a direction given
                         under this Act.
                         Division 2 -- Financial provisions
     26.         Chemistry Centre's funds
                 The funds available for enabling the Chemistry Centre to
30               perform its functions consist of --
                   (a) money received by the Chemistry Centre in the
                        performance of its functions;

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                              Accountability and financial provisions        Part 5
                                                Financial provisions    Division 2
                                                                               s. 27



                  (b)   money from time to time appropriated by Parliament;
                  (c)   money borrowed by the Chemistry Centre under
                        section 28; and
                  (d)   other money lawfully received by, made available to, or
 5                      payable to, the Chemistry Centre under this or any other
                        Act.

     27.         Chemistry Centre (WA) Account
           (1)   Money received by the Chemistry Centre is to be credited to,
                 and money paid by the Chemistry Centre is to be debited to, an
10               account called the "Chemistry Centre (WA) Account, which is
                 to be established" --
                   (a) as an agency special purpose account under the
                         Financial Management Act 2006 section 16; or
                  (b)   with the approval of the Treasurer, at a bank as defined
15                      in section 3 of that Act.
           (2)   The Minister may --
                  (a) with the concurrence of the Treasurer, fix an amount
                       that the Chemistry Centre is required to pay to the
                       Treasurer by way of financial return to the State; and
20                (b) under section 22, direct the Chemistry Centre to make
                       the payment.
           (3)   The amount fixed under subsection (2) is limited to the amount
                 of the Chemistry Centre's profits.

     28.         Borrowing
25         (1)   The Chemistry Centre may, with the prior approval of the
                 Minister and the Treasurer and on the terms and conditions
                 determined by the Treasurer --
                   (a) borrow or re-borrow money;
                   (b) obtain credit; or
30                 (c) otherwise arrange for financial accommodation to be
                        extended to the Chemistry Centre.

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     Chemistry Centre (WA) Bill 2006
     Part 5         Accountability and financial provisions
     Division 2     Financial provisions
     s. 29



           (2)   The total amount of money borrowed in any one financial year
                 is not to exceed the amount determined by the Treasurer.
           (3)   The Chemistry Centre is to keep any register that the regulations
                 require for the purposes of this section.

 5   29.         Guarantees
           (1)   The Treasurer, on the Minister's recommendation, may, in the
                 name and on behalf of the State, guarantee the performance by
                 the Chemistry Centre, in the State or elsewhere, of any financial
                 obligation of the Chemistry Centre.
10         (2)   A guarantee is to be in the form, and subject to the terms and
                 conditions, determined by the Treasurer.
           (3)   The due payment of money payable by the Treasurer under a
                 guarantee is to be charged to the Consolidated Account, which
                 this subsection appropriates accordingly.
15         (4)   The Treasurer is to cause any amounts received or recovered,
                 from the Chemistry Centre or otherwise, in respect of any
                 payment made by the Treasurer under a guarantee to be credited
                 to the Consolidated Account.

     30.         Charges for guarantee
20         (1)   The Treasurer may, after consultation with the Chemistry
                 Centre, fix charges to be paid by the Chemistry Centre to the
                 Treasurer for the benefit of the Consolidated Account in respect
                 of a guarantee given under section 29.
           (2)   Payments by the Chemistry Centre to the Treasurer in respect of
25               those charges are required to be made at times, and in
                 instalments, as determined by the Treasurer.

     31.         Liability for duties, taxes and other statutory imposts
           (1)   Despite any other written law but except as stated in
                 subsection (2) --
30                 (a) the Chemistry Centre; and

     page 20
                                               Chemistry Centre (WA) Bill 2006
                         Accountability and financial provisions        Part 5
                                           Financial provisions    Division 2
                                                                          s. 31



            (b)    deeds or other instruments to which it is a party,
           are liable to and chargeable with duties, taxes or other imposts
           under any written law.
     (2)   Despite subsection (1) but subject to subsection (3), the
 5         Chemistry Centre is not liable to pay any local government rate
           or charge.
     (3)   Subsection (2) does not apply to the liability to pay any rate or
           charge in respect of land held under a lease or tenancy
           agreement from the Chemistry Centre.
10   (4)   The Chemistry Centre is to pay to the Treasurer in respect of
           each financial year an amount equivalent to the sum of all local
           government rates and charges that, but for subsection (2) and
           the Local Government Act 1995 section 6.26(2)(a)(i), the
           Chemistry Centre would have been liable to pay in respect of
15         that financial year.
     (5)   Subsection (4) does not apply in relation to rates and charges in
           respect of land referred to in subsection (3).
     (6)   An amount payable under subsection (4) --
            (a) is to be determined in accordance with such principles
20               as the Treasurer may direct; and
            (b)    is to be paid at such time or times as the Treasurer may
                   direct.
     (7)   The first payment under subsection (4) is to be in respect of the
           next full financial year after the commencement of this Act.




                                                                        page 21
    Chemistry Centre (WA) Bill 2006
    Part 5         Accountability and financial provisions
    Division 3     Financial Management Act 2006 and Auditor General Act 2006
    s. 32



          Division 3 -- Financial Management Act 2006 and Auditor
                             General Act 2006
    32.       Application of Financial Management Act 2006 and Auditor
              General Act 2006
5             The provisions of the Financial Management Act 2006 and the
              Auditor General Act 2006 regulating the financial
              administration, audit and reporting of statutory authorities apply
              to and in respect of the Chemistry Centre and its operations.




    page 22
                                                  Chemistry Centre (WA) Bill 2006
                                                 General provisions        Part 6

                                                                              s. 33



                         Part 6 -- General provisions
     33.         Confidentiality
           (1)   This section applies to a person who is or has been a member of
                 the board, a member of a committee, a member of staff or any
 5               other person engaged or appointed under section 17 or made
                 available under section 17(6) or 18.
           (2)   A person to whom this section applies must not, directly or
                 indirectly, record, disclose or make use of any information
                 obtained in the course of duty except --
10                 (a) for the purpose of performing functions under this Act
                         or another written law;
                   (b) as required under another written law;
                   (c) with the written consent of the person to whom the
                         information relates; or
15                 (d) in other prescribed circumstances.
                 Penalty: a fine of $10 000 or imprisonment for 12 months.
           (3)   For the purposes of subsection (2)(a), it is not a function of a
                 person to whom this section applies to, directly or indirectly,
                 record, disclose or make use of any client related information or
20               personal information unless it is necessary to do so --
                   (a) as part of providing a service to the client to whom the
                         information relates;
                   (b) for the internal management and control of the
                         Chemistry Centre; or
25                 (c) for the purposes of subsection (5).
           (4)   Subsection (3) does not limit the functions of a person to whom
                 this section applies to the extent to which --
                   (a) the information is already in the public domain;
                   (b) the information is summary or statistical information
30                        that could not reasonably be expected to enable
                          particulars relating to any person to be ascertained; or

                                                                           page 23
     Chemistry Centre (WA) Bill 2006
     Part 6         General provisions

     s. 34



                   (c)   recording, disclosing or making use of the information is
                         authorised by each person or organisation to whom it
                         relates.
           (5)   Despite the rest of the provisions of this Act, the board may
 5               disclose information to the Minister if the board considers that,
                 because of the exceptional nature of the case, it is in the public
                 interest to do so.

     34.         Confidentiality -- contractors
           (1)   This section applies in respect of a contract with the Chemistry
10               Centre for the provision of services to the Chemistry Centre and
                 applies to --
                   (a) a person with whom the Chemistry Centre has the
                         contract;
                  (b)    a director or employee of a person referred to in
15                       paragraph (a); and
                   (c)   any other person who performs functions under or in
                         fulfilment of the contract.
           (2)   A person to whom this section applies must not, directly or
                 indirectly, record, disclose or make use of any information
20               obtained in the course of performing functions under or in
                 fulfilment of the contract except --
                   (a) for the purpose of performing functions under or in
                         fulfilment of the contract;
                   (b) as required under another written law;
25                 (c) with the written consent of the person to whom the
                         information relates; or
                   (d) in other prescribed circumstances.
                 Penalty: a fine of $10 000 or imprisonment for 12 months.
           (3)   In this section --
30               "director" has the meaning given to that term in the
                      Commonwealth Corporations Act 2001 section 9.


     page 24
                                                  Chemistry Centre (WA) Bill 2006
                                                 General provisions        Part 6

                                                                               s. 35



     35.         Confidentiality -- reports and other documents
           (1)   A report that must be prepared under the Financial Management
                 Act 2006 Part 5 (and any accompanying document) and any
                 other report or document of the Chemistry Centre that is to be,
 5               or might be, made public, must not include client related
                 information or personal information unless each person or
                 organisation to whom the information relates has given consent
                 to including the information.
           (2)   The Chemistry Centre may request the Minister to delete
10               from --
                   (a)   a copy of a report under the Financial Management
                         Act 2006 Part 5 (and any accompanying document) that
                         is to be laid before a House of Parliament or made
                         public; or
15                (b)    any other document of the Chemistry Centre that is to
                         be, or might be, made public,
                 information that is of a commercially sensitive nature (but
                 which is not client related information or personal information),
                 and the Minister may, despite the Financial Management
20               Act 2006 section 64 or an obligation, however arising, to make
                 the document public, comply with the request except where the
                 document is to be laid before either House of Parliament by its
                 own order.
           (3)   Subsections (1) and (2) do not apply to the extent to which --
25                (a) the information is already in the public domain;
                  (b) the information is summary or statistical information
                        that could not reasonably be expected to enable
                        particulars relating to any person to be ascertained; or
                  (c) the disclosure of the information is authorised by each
30                      person or organisation to whom it relates.
           (4)   Subsection (2) does not apply to the extent to which disclosure
                 of the information to the Minister is required by another written
                 law.

                                                                           page 25
     Chemistry Centre (WA) Bill 2006
     Part 6         General provisions

     s. 36



           (5)   A copy of a document from which any matter has been deleted
                 must --
                  (a) contain a statement, at the place in the document where
                        the matter was deleted, detailing the reasons for the
 5                      deletion; and
                  (b) if the deletion occurred under subsection (2) -- be
                        accompanied by an opinion from the Auditor General
                        stating that the information deleted is commercially
                        sensitive.

10   36.         Laying documents before Parliament
           (1)   If a provision of this Act requires the Minister to cause a
                 document to be laid before each House of Parliament, or be
                 dealt with under this section, within a period and --
                   (a) at the commencement of the period, a House of
15                       Parliament is not sitting; and
                  (b)   the Minister is of the opinion that the House will not sit
                        during that period,
                 the Minister must transmit a copy of the document to the Clerk
                 of that House.
20         (2)   A copy of a document transmitted to the Clerk of a House is to
                 be regarded as having been laid before that House.
           (3)   The laying of a copy of a document that is regarded as having
                 occurred under subsection (2) is to be recorded in the Minutes,
                 or Votes and Proceedings, of the House on the first sitting day
25               of the House after the Clerk received the copy.

     37.         Execution of documents by Chemistry Centre
           (1)   The Chemistry Centre is to have a common seal.
           (2)   A document is duly executed by the Chemistry Centre if --
                  (a) the common seal of the Chemistry Centre is affixed to it
30                     in accordance with subsections (3) and (4); or


     page 26
                                                 Chemistry Centre (WA) Bill 2006
                                                General provisions        Part 6

                                                                              s. 38



                  (b)   it is signed on behalf of the Chemistry Centre by a
                        person or persons authorised to do so under
                        subsection (5).
           (3)   The common seal of the Chemistry Centre is not to be affixed to
 5               any document except as authorised by the board.
           (4)   The common seal of the Chemistry Centre is to be affixed to a
                 document in the presence of 2 members of the board, who are to
                 sign the document to attest that the common seal was so affixed.
           (5)   The Chemistry Centre may, by writing under its common seal,
10               authorise a member or members of the board or a member or
                 members of staff to sign documents on behalf of the Chemistry
                 Centre, either generally or subject to the conditions or
                 restrictions specified in the authorisation.
           (6)   A document purporting to be executed in accordance with this
15               section is to be presumed to be duly executed unless the
                 contrary is shown.
           (7)   When a document is produced bearing a seal purporting to be
                 the common seal of the Chemistry Centre, it is to be presumed
                 that the seal is the common seal of the Chemistry Centre unless
20               the contrary is shown.

     38.         Contract formalities
           (1)   In so far as the formalities of making, varying or discharging a
                 contract are concerned, a person acting as authorised by the
                 Chemistry Centre may make, vary or discharge a contract in the
25               name of or on behalf of the Chemistry Centre in the same
                 manner as if that contract were made, varied or discharged by a
                 natural person.
           (2)   The making, variation, or discharge of a contract in accordance
                 with subsection (1) is effectual in law and binds the Chemistry
30               Centre and other parties to the contract.




                                                                          page 27
     Chemistry Centre (WA) Bill 2006
     Part 6         General provisions

     s. 39



           (3)   Subsection (1) does not prevent the Chemistry Centre from
                 making, varying or discharging a contract under its common
                 seal.

     39.         Protection from liability
 5         (1)   An action in tort does not lie against a person other than the
                 Chemistry Centre for anything that the person has done, in good
                 faith, in the performance or purported performance of a function
                 under this or any other Act.
           (2)   The protection given by subsection (1) applies even though the
10               thing done as described in that subsection may have been
                 capable of being done whether or not this Act had been enacted.
           (3)   Despite subsection (1), neither the Chemistry Centre nor the
                 Crown is relieved of any liability that it might have for another
                 person having done anything as described in that subsection.
15         (4)   In this section, a reference to the doing of anything includes a
                 reference to an omission to do anything.

     40.         Regulations
                 The Governor may make regulations prescribing all matters that
                 are required or permitted by this Act to be prescribed, or are
20               necessary or convenient to be prescribed for giving effect to the
                 purposes of this Act.

     41.         Review of Act
           (1)   The Minister is to carry out a review of the operation and
                 effectiveness of this Act as soon as is practicable after --
25                 (a) the fifth anniversary of its commencement; and
                   (b) the expiry of each 5 yearly interval after that
                         anniversary.
           (2)   The Minister is to prepare a report based on the review and, as
                 soon as is practicable after the report is prepared (and in any



     page 28
                                          Chemistry Centre (WA) Bill 2006
                                         General provisions        Part 6

                                                                      s. 42



          event not more than 12 months after the relevant anniversary),
          cause it to be laid before each House of Parliament.

    42.   Transitional and savings provisions
          Schedule 2 has effect.

5   43.   Amendments to other Acts
          Schedule 3 has effect.




                                                                   page 29
     Chemistry Centre (WA) Bill 2006
     Schedule 1     Constitution and proceedings of the board
     Division 1     General provisions
     cl. 1



          Schedule 1 -- Constitution and proceedings of the board
                                                                                     [s. 7]

                             Division 1 -- General provisions
     1.          Term of office
 5               A member of the board holds office for such term, not exceeding
                 3 years, as is specified in the instrument of his or her appointment, but
                 may from time to time be re-appointed.

     2.          Resignation, removal, etc.
           (1)   The office of a member of the board becomes vacant if he or she --
10                 (a)   resigns the office by written notice addressed to the Minister;
                   (b)   is an insolvent under administration as defined in the
                         Corporations Act 2001 of the Commonwealth; or
                   (c)   is removed from office by the Minister under subclause (2).
           (2)   The Minister may remove a member of the board from office if the
15               Minister is satisfied that the member --
                   (a)   has neglected his or her duty;
                   (b)   has misbehaved;
                   (c)   is incompetent;
                   (d)   is suffering from mental or physical incapacity impairing the
20                       performance of his or her functions; or
                   (e)   has been absent, without leave and reasonable excuse, from
                         3 consecutive meetings of the board of which the member has
                         had notice.

     3.          Leave of absence
25               The board may grant leave of absence to a member on such terms and
                 conditions as it thinks fit.

     4.          Chairperson unable to act
                 If the chairperson is unable to act by reason of sickness, absence or
                 other cause, or during any vacancy in that office, the deputy
30               chairperson is to perform the functions of the chairperson.

     page 30
                                                   Chemistry Centre (WA) Bill 2006
                            Constitution and proceedings of the board Schedule 1
                                                  General provisions   Division 1
                                                                              cl. 5



     5.         Board member unable to act
          (1)   If a member of the board, other than the chairperson, is unable to act
                by reason of sickness, absence or other cause, the Minister may
                appoint another person to act temporarily in his or her place and,
 5              while acting in accordance with the appointment, that other person is
                to be taken to be a member of the board.
          (2)   If the member of the board who is deputy chairperson is performing
                the functions of the chairperson, the Minister may, under
                subclause (1), appoint another person to act in his or her place as a
10              member.
          (3)   The appointment of a person under subclause (1) may be terminated
                at any time by the Minister.

     6.         Saving
                No act or omission of a person acting in place of another under
15              clause 4 or 5 is to be questioned on the ground that the occasion for
                his or her appointment or acting had not arisen or had ceased.

     7.         Calling of meetings
          (1)   Subject to subclause (2), meetings are to be held at the times and
                places that the board determines.
20        (2)   A special meeting of the board may at any time be convened by the
                chairperson.
          (3)   The first meeting of the board is to be convened by the chairperson.

     8.         Presiding officer
          (1)   The chairperson is to preside at all meetings of the board at which he
25              or she is present.
          (2)   If both the chairperson and the deputy chairperson are absent from a
                meeting the members present are to appoint one of their number to
                preside.

     9.         Quorum
30              A quorum for a meeting of the board is at least one half of the number
                of members.

                                                                                page 31
     Chemistry Centre (WA) Bill 2006
     Schedule 1     Constitution and proceedings of the board
     Division 1     General provisions
     cl. 10



     10.         Voting
           (1)   At any meeting of the board each member present has a deliberative
                 vote.
           (2)   If the votes cast on a question are equally divided, the person
 5               presiding has a casting vote on the question.

     11.         Minutes
                 The board is to cause accurate minutes to be kept of the proceedings
                 at its meetings.

     12.         Resolution without meeting
10         (1)   A resolution of the board in writing signed by each member of the
                 board, or assented to by each member by letter, telegram, telex,
                 facsimile transmission, email or other similar means, has the same
                 effect as if it had been passed at a meeting.
           (2)   The board must cause a record to be kept of each resolution under
15               subclause (1).

     13.         Holding meetings remotely
                 The presence of a member at a meeting of the board need not be by
                 attendance in person but may be by that member and each other
                 member at the meeting being simultaneously in contact by telephone
20               or other means of instantaneous communication.

     14.         Committees
           (1)   The board may appoint committees to assist it in the performance of
                 its functions, and may discharge or alter any committee so appointed.
           (2)   A committee may include persons who are not members of the board.
25         (3)   Subject to the directions of the board and to the terms of any
                 delegation under section 14, a committee may determine its own
                 procedures.

     15.         Board to determine own procedures
                 Subject to this Act, the board is to determine its own procedures.



     page 32
                                                    Chemistry Centre (WA) Bill 2006
                             Constitution and proceedings of the board   Schedule 1
                                            Disclosure of interests etc.  Division 2
                                                                               cl. 16



                         Division 2 -- Disclosure of interests etc.

     16.         Disclosure of interests
           (1)   A member of the board who has a material personal interest in a
                 matter being considered or about to be considered by the board must,
 5               as soon as possible after the relevant facts have come to the member's
                 knowledge, disclose the nature of the interest at a meeting of the
                 board.
                 Penalty: a fine of $10 000.
           (2)   A disclosure under subclause (1) is to be recorded in the minutes of
10               the meeting.

     17.         Voting by interested members
                 A member of the board who has a material personal interest in a
                 matter that is being considered by the board --
                   (a) must not vote whether at a meeting or otherwise --
15                          (i)   on the matter; or
                           (ii)   on a proposed resolution under clause 18 in respect of
                                  the matter, whether relating to that member or a
                                  different member;
                         and
20                 (b)   must not be present while --
                            (i)   the matter; or
                           (ii)   a proposed resolution of the kind referred to in
                                  paragraph (a)(ii),
                         is being considered at a meeting.

25   18.         Clause 17 may be declared inapplicable
                 Clause 17 does not apply if the board has at any time passed a
                 resolution that --
                   (a)   specifies the member, the interest and the matter; and
                   (b)   states that the members voting for the resolution are satisfied
30                       that the interest should not disqualify the member from
                         considering or voting on the matter.



                                                                                     page 33
     Chemistry Centre (WA) Bill 2006
     Schedule 1     Constitution and proceedings of the board
     Division 2     Disclosure of interests etc.
     cl. 19



     19.         Quorum where clause 17 applies
           (1)   Despite clause 9, if a member of the board is disqualified under
                 clause 17 in relation to a matter, a quorum is present during the
                 consideration of the matter if at least 3 members are present who are
 5               entitled to vote on any motion that may be moved at the meeting in
                 relation to the matter.
           (2)   The Minister may deal with a matter insofar as the board cannot deal
                 with it because of subclause (1).

     20.         Minister may declare clauses 17 and 19 inapplicable
10         (1)   The Minister may by writing declare that clause 17 or 19 or both of
                 them do not apply in relation to a specified matter either generally or
                 in voting on particular resolutions.
           (2)   The Minister must cause a copy of the declaration under subclause (1)
                 to be laid before each House of Parliament, or be dealt with under
15               section 36, within 14 days after a declaration is made.




     page 34
                                                       Chemistry Centre (WA) Bill 2006
                                                   Transitional provisions Schedule 2
                                                            Interpretation  Division 1
                                                                                  cl. 1



                     Schedule 2 -- Transitional provisions
                                                                                    [s. 42]

                              Division 1 -- Interpretation
     1.         Terms used in this Schedule
 5              In this Schedule --
                "assets" means property of any kind whether tangible or intangible,
                      real or personal and, without limiting that meaning, includes --
                     (a)    any chose in action;
                     (b)    goodwill;
10                    (c)   any right, interest or claim of any kind,
                     whether arising from, accruing under, created or evidenced by or
                     the subject of, an instrument or otherwise and whether liquidated
                     or unliquidated, actual, contingent or prospective;
                "Department" means the department of the Public Service known as
15                  the Department of Industry and Resources;
                "liability" means any liability, duty or obligation --
                      (a) whether actual, contingent or prospective, liquidated or
                            unliquidated; or
                      (b) whether owed alone or jointly or jointly and severally with
20                          any other person;
                "Minister" means the Minister to whom the administration of this
                     Act is committed;
                "right" means any right, power, privilege or immunity whether
                     actual, contingent or prospective;
25              "transfer order" means an order under clause 2;
                "transfer time" means the time at which section 4 comes into
                     operation.

            Division 2 -- Transfer of assets, liabilities, proceedings etc.

     2.         Minister may make transfer orders
30        (1)   To facilitate the transition from the provision of services by that part
                of the Department known as the Chemistry Centre to services being

                                                                                  page 35
     Chemistry Centre (WA) Bill 2006
     Schedule 2     Transitional provisions
     Division 2     Transfer of assets, liabilities, proceedings etc.
     cl. 2



               provided by the body established by this Act, the Minister may make
               and publish in the Gazette a transfer order that --
                 (a)   specifies which assets and liabilities of the State are to be
                       assigned to the Chemistry Centre by operation of clause 3;
 5                     and
                 (b)   specifies any agreement or instrument that, by operation of
                       clause 3, is to have effect as if references to the Chemistry
                       Centre (WA) were substituted, in accordance with the order,
                       for references in it to the State or the Department (however
10                     expressed).
        (2)    An asset or liability of the State may be specified in a transfer order if
               the Minister considers that the asset or liability --
                 (a)   relates to the operations of that part of the Department known
                       as the Chemistry Centre; or
15               (b)   is necessary for the performance of the functions of the body
                       established by this Act.
        (3)    A transfer order may also deal with incidental or supplementary
               matters and has effect accordingly.
        (4)    The transfer order may specify things by reference to schedules
20             which --
                 (a)   need not be published in the Gazette; but
                 (b)   must be available for public inspection,
               and anything specified in a schedule is to be taken to be specified in
               the order.
25      (5)    A thing may be specified in a transfer order by describing the class to
               which it belongs.
        (6)    Before a transfer order is made specifying anything by reference to a
               schedule, a copy of which will be required to be delivered to an
               official under clause 5, the Minister is to consult with the, or each,
30             official as to the form and content of the schedule.
        (7)    A transfer order can only be made before the transfer time.
        (8)    The fact that a previous transfer order has been made does not prevent
               a further transfer order from being made.


     page 36
                                                       Chemistry Centre (WA) Bill 2006
                                                 Transitional provisions  Schedule 2
                        Transfer of assets, liabilities, proceedings etc.  Division 2
                                                                                  cl. 3



          (9)   A transfer order, or a schedule to which it refers, may be amended by
                the Minister, by further order published in the Gazette, but no such
                amendment may be made after the transfer time.

     3.         Consequences of transfer order
 5              If a transfer order is made, then --
                  (a)   at the transfer time the assets specified in the transfer order
                        are, by operation of this clause, assigned to the Chemistry
                        Centre and if an asset was previously held on behalf of the
                        State it is assigned to the Chemistry Centre to hold in its own
10                      right;
                  (b)   at the transfer time the liabilities specified in the transfer
                        order are, by operation of this clause, assigned to and become
                        the liabilities of the Chemistry Centre;
                  (c)   any agreement or instrument specified in the order has effect,
15                      by operation of this clause, as if references to the Chemistry
                        Centre (WA) were, at the transfer time, substituted, in
                        accordance with the order, for references in it to the State or
                        the Department (however expressed);
                  (d)   any proceedings or remedy that might have been commenced
20                      by, or available against or to, the State in relation to the assets
                        and liabilities assigned by paragraphs (a) and (b) may be
                        commenced by, or are available against or to, the Chemistry
                        Centre; and
                  (e)   anything done or omitted to be done in relation to the assets
25                      and liabilities assigned by paragraphs (a) and (b) before the
                        assignment by, to or in respect of the State or the Department
                        (to the extent that that thing has any effect) is to be taken to
                        have been done or omitted by, to or in respect of the
                        Chemistry Centre.

30   4.         Department to complete necessary transactions
          (1)   If an asset or liability cannot be properly assigned to the Chemistry
                Centre by the operation of this Schedule --
                  (a)   the Department is to be taken to continue to hold that asset or
                        be liable for that liability until it is effectively assigned to the
35                      Chemistry Centre in accordance with this Schedule; and


                                                                                    page 37
     Chemistry Centre (WA) Bill 2006
     Schedule 2     Transitional provisions
     Division 2     Transfer of assets, liabilities, proceedings etc.
     cl. 5



                  (b)     the Department is to take all practicable steps for the purpose
                          of ensuring that the asset or liability is effectively assigned to
                          the Chemistry Centre in accordance with this Schedule.
          (2)   The fact that subclause (1)(a) applies to an asset or liability that is
 5              assigned to the Chemistry Centre under this Schedule does not affect
                the duty of the accountable authority of the Chemistry Centre under
                the Financial Management Act 2006.

     5.         Registration of documents
          (1)   The Minister is to cause a copy of each transfer order, and any
10              schedule to which it refers, to be delivered to each official having
                responsibility for a register relating to property of a kind affected by
                the transfer order.
          (2)   The officials are to take notice of this Schedule and any transfer order,
                including a schedule to which the order refers, and are to record and
15              register in the appropriate manner the documents necessary to show
                the effect of the transfer order and this Schedule.
          (3)   In this clause --
                "official" means --
                        (c)   the Registrar of Titles;
20                      (d)   the Minister administering the Mining Act 1978; or
                        (e)   any other person authorised by a written law to record and
                              give effect to the registration of documents relating to
                              property transactions.

     6.         Exemption from State taxes
25        (1)   State tax is not payable in relation to --
                  (a) anything that occurs by the operation of this Schedule; or
                  (b) anything done (including a transaction entered into or an
                         instrument or document of any kind made, executed, lodged
                         or given) under this Schedule, or to give effect to this
30                       Schedule, or for a purpose connected with or arising out of
                         giving effect to this Schedule.




     page 38
                                                       Chemistry Centre (WA) Bill 2006
                                                 Transitional provisions  Schedule 2
                        Transfer of assets, liabilities, proceedings etc.  Division 2
                                                                                  cl. 7



          (2)   The Minister may certify in writing that --
                  (a) a specified thing occurred by the operation of this Schedule;
                       or
                  (b)    a specified thing was done under this Schedule, or to give
 5                       effect to this Schedule, or for a purpose connected with or
                         arising out of giving effect to this Schedule.
          (3)   For all purposes and in all proceedings, a certificate under
                subclause (2) is sufficient evidence of the matters it certifies, except
                so far as the contrary is shown.
10        (4)   In this clause --
                "State tax" includes stamp duty chargeable under the Stamp Act 1921
                     and any other tax under a written law.

     7.         Rectifying error in transfer order
          (1)   The Minister may, by order published in the Gazette, make any
15              provision that is necessary to correct any error in a transfer order or a
                schedule to which a transfer order refers.
          (2)   An order under this section may be made so as to have effect from the
                transfer time.
          (3)   To the extent that a provision of an order under this clause has effect
20              before the day of its publication in the Gazette, clause 3 does not, as a
                result of that provision, operate so as --
                   (a) to affect, in a manner prejudicial to any person (other than the
                         State, the Chemistry Centre or any other authority, agency or
                         instrumentality of the State), the rights of that person existing
25                       before the day of its publication; or
                  (b)    to impose liabilities on any person (other than the State, the
                         Chemistry Centre or any other authority, agency or
                         instrumentality of the State), in respect of anything done or
                         omitted to be done before the day of publication.




                                                                                   page 39
     Chemistry Centre (WA) Bill 2006
     Schedule 2     Transitional provisions
     Division 3     Continuing effect of things done
     cl. 8



                    Division 3 -- Continuing effect of things done

     8.          Terms used in this Division
           (1)   In this Division --
                 "new Chemistry Centre" means the body established by this Act.
 5         (2)   In this Division, a reference to a thing done or omitted to be done by,
                 to or in respect of the old Chemistry Centre is to be read as a
                 reference to the thing being done or omitted to be done by, to or in
                 respect of the State, before the transfer time, via or by reference to
                 that part of the Department known as the Chemistry Centre.

10   9.          Completion of things commenced
                 Anything commenced to be done by the old Chemistry Centre before
                 the transfer time may be continued by the new Chemistry Centre so
                 far as the doing of that thing is within the functions of the new
                 Chemistry Centre.

15   10.         Continuing effect of references and things done generally
           (1)   Unless the contrary intention appears or the context otherwise
                 requires, a reference to the Chemistry Centre (however expressed) in
                 any agreement or instrument made before the transfer time is to be
                 taken, after the transfer time, to be a reference to the new Chemistry
20               Centre.
           (2)   Any act, matter or thing done or omitted to be done before the transfer
                 time by, to or in respect of the old Chemistry Centre, to the extent that
                 that act, matter or thing --
                   (a)   has any force or significance after the transfer time; and
25                 (b)   is not governed by another provision of this Schedule,
                 is to be taken, after the transfer time, to have been done or omitted by,
                 to or in respect of the new Chemistry Centre.




     page 40
                                                     Chemistry Centre (WA) Bill 2006
                                                Transitional provisions  Schedule 2
                                   Miscellaneous transitional provisions  Division 4
                                                                               cl. 11



                 Division 4 -- Miscellaneous transitional provisions

     11.         Relevant amount for the purposes of section 12
                 For the period before the Chemistry Centre submits its first annual
                 report under the Financial Management Act 2006 Part 5,
 5               section 12(3)(b)(i) of this Act is to be taken to refer to the amount of
                 $200 000.

     12.         Further transitional provision may be made
           (1)   If there is not sufficient provision in this Schedule for any matter or
                 thing necessary or convenient to give effect to the transition from the
10               provision of services by that part of the Department known as the
                 Chemistry Centre to services being provided by the new Chemistry
                 Centre, the regulations may make that provision.
           (2)   The regulations may be made so as to have effect from the transfer
                 time.
15         (3)   To the extent that a provision of the regulations has effect on a day
                 that is earlier than the day of its publication in the Gazette, the
                 provision does not operate so as --
                   (a)    to affect, in a manner prejudicial to any person (other than the
                          State, the Chemistry Centre or any other authority, agency or
20                        instrumentality of the State), the rights of that person existing
                          before the day of its publication; or
                   (b)    to impose liabilities on any person (other than the State, the
                          Chemistry Centre or any other authority, agency or
                          instrumentality of the State), in respect of anything done or
25                        omitted to be done before the day of publication.

     13.         Saving
                 The operation of any provision of this Schedule is not to be
                 regarded --
                   (a)    as a breach of contract or confidence or otherwise as a civil
30                        wrong;
                   (b)    as a breach of any contractual provision prohibiting,
                          restricting or regulating the assignment or transfer of assets or
                          liabilities or the disclosure of information;


                                                                                   page 41
    Chemistry Centre (WA) Bill 2006
    Schedule 2     Transitional provisions
    Division 4     Miscellaneous transitional provisions
    cl. 13



               (c)   as giving rise to any remedy by a party to an instrument or as
                     causing or permitting the termination of any instrument,
                     because of a change in the beneficial or legal ownership of
                     any asset or liability;
5              (d)   as causing any contract or instrument to be void or otherwise
                     unenforceable; or
               (e)   as releasing or allowing the release of any surety.




    page 42
                                                  Chemistry Centre (WA) Bill 2006
                                      Amendment of other written laws Schedule 3

                                                                                    cl. 1



                Schedule 3 -- Amendment of other written laws
                                                                                  [s. 43]

     1.          Constitution Acts Amendment Act 1899 amended
          (1)    The amendment in this clause is to the Constitution Acts Amendment
 5               Act 1899*.
                 [* Reprint 13 as at 18 March 2005.
                    For subsequent amendments see Acts Nos. 20, 34, 53, 59, 70 and
                    75 of 2004 and 1, 2 and 24 of 2005.]
          (2)    Schedule V Part 3 is amended by inserting before the item relating to
10               the Chicken Meat Industry Committee the following item --
            "
                     The Chemistry Centre (WA) established by the Chemistry
                          Centre (WA) Act 2006.
                                                                                         ".
15   2.          Financial Management Act 2006 amended
          (1)    The amendment in this clause is to the Financial Management
                 Act 2006*.
                 [* Act No. 76 of 2006.
                    For subsequent amendments see Act No. 77 of 2006.]
20        (2)    Schedule 1 is amended by inserting the following item in the
                 appropriate alphabetical position --
                 "   Chemistry Centre (WA)     ".
     3.          Public Sector Management Act 1994 amended
          (1)    The amendment in this clause is to the Public Sector Management
25               Act 1994*.
                 [* Reprint 6 as at 14 May 2004.
                    For subsequent amendments see Western Australian Legislation
                    Information Tables for 2004, Table 1, p. 368 and Act No. 5 of
                    2005.]




                                                                                page 43
     Chemistry Centre (WA) Bill 2006
     Schedule 3     Amendment of other written laws

     cl. 4



          (2)    Schedule 2 is amended by inserting after item 3D the following
                 item --
             "
                     3E    Chemistry Centre (WA), established by the Chemistry
                           Centre (WA) Act 2006
                                                                                        ".

 5   4.          Statutory Corporations (Liability of Directors) Act 1996 amended
          (1)    The amendment in this clause is to the Statutory Corporations
                 (Liability of Directors) Act 1996*.
                 [* Reprint 3 as at 7 November 2003.
                    For subsequent amendments see Western Australian Legislation
10                  Information Tables for 2004, Table 1, p. 431 and Act No. 20 of
                    2004.]
          (2)    Schedule 1 is amended by inserting after the item relating to the
                 Busselton Water Board the following item --
     "
                      Chemistry Centre      a member of the          Chemistry Centre
                      (WA)                  Board                    (WA) Act 2006
15                                                                                      ".

     5.          Various references to Director of the Chemistry Centre changed
                 to chief executive officer of the Chemistry Centre
                 Each provision listed in the Table to this clause is amended by
                 deleting "Director" in each place where it occurs and inserting
20               instead --
                 "    chief executive officer   ".
                                                Table
                 Fluoridation of Public Water        s. 5(2)(d)
                  Supplies Act 1966                  s. 15(3)
                 Health Act 1911                     s. 246B(2)(b)
                 Poisons Act 1964                    s. 8(2)(aa)



     page 44
                                                   Chemistry Centre (WA) Bill 2006
                                       Amendment of other written laws Schedule 3

                                                                                      cl. 6



                  Road Traffic Act 1974            s. 65 definitions of "analyst",
                                                      "authorised person" and "drug
                                                      analyst"
                                                   s. 70(2), (3b) and (3c)
                                                   s. 72(3)

     6.           State Superannuation Regulations 2001 amended
          (1)     The amendments in this clause are to the State Superannuation
                  Regulations 2001*.
                  [* Reprint 2 as at 2 September 2005.]
 5        (2)     Schedule 1 Division 1 is amended by deleting item 7.
          (3)     Schedule 1 Division 2 is amended by inserting after item 6 the
                  following item --
     "
            6a.     Chemistry Centre (WA) established by the Chemistry Centre
10                    (WA) Act 2006
                                                                                        ".




                                                                                   page 45
Chemistry Centre (WA) Bill 2006



Defined Terms



                                          Defined Terms
          [This is a list of terms defined and the provisions where they are defined.
                                 The list is not part of the law.]
     Defined Term                                                                                          Provision(s)
     account ....................................................................................................... 3(1)
     acquire .......................................................................................................11(5)
     assets ...............................................................................................Sch. 2, cl. 1
     board........................................................................................................... 3(1)
     business concern.........................................................................................11(5)
     chairperson.................................................................................................. 3(1)
     Chemistry Centre ........................................................................................ 3(1)
     chief executive officer ................................................................................. 3(1)
     client related information............................................................................. 3(1)
     committee ................................................................................................... 3(1)
     Department ......................................................................................Sch. 2, cl. 1
     director ......................................................................................................33(3)
     dispose of...................................................................................................11(5)
     document ...................................................................................................23(5)
     employing authority ...................................................................................18(4)
     government agency...................................................................................... 3(1)
     information ................................................................................................23(5)
     liability ............................................................................................Sch. 2, cl. 1
     member of staff ........................................................................................... 3(1)
     member of the board.................................................................................... 3(1)
     Minister ...........................................................................................Sch. 2, cl. 1
     new Chemistry Centre ................................................................. Sch. 2, cl. 8(1)
     official ........................................................................................ Sch. 2, cl. 5(3)
     participate in ..............................................................................................11(5)
     personal information.................................................................................... 3(1)
     private client ............................................................................................... 3(1)
     Public Service ............................................................................................18(4)
     right .................................................................................................Sch. 2, cl. 1
     State tax ...................................................................................... Sch. 2, cl. 6(4)
     subsidiary.................................................................................................... 3(1)
     transaction..................................................................................................12(4)
     transfer order....................................................................................Sch. 2, cl. 1
     transfer time .....................................................................................Sch. 2, cl. 1




 


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