Western Australian Bills

[Index] [Search] [Download] [Related Items] [Help]


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


DAYLIGHT SAVING BILL 2006

                   Western Australia


        Daylight Saving Bill 2006

                      CONTENTS


     Part 1 -- Preliminary
1.   Short title                                           2
2.   Commencement                                          2
3.   Interpretation                                        2
     Part 2 -- Summer time
4.   Initial period of daylight saving                     3
5.   Summer time to be one hour in advance every
     successive year                                       3
6.   Construction of expression of time in enactments,
     etc.                                                  3
7.   Act not to affect use of standard time for certain
     purposes                                              4
8.   Regulations as to trading hours, etc.                 4
9.   Expiry and Review of Act                              5




                        174--1                             page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                  (Introduced by Mr D'Orazio, MLA)


                 Daylight Saving Bill 2006


                               A Bill for


An Act to provide for daylight saving throughout the State of
Western Australia from 1 December 2006 and for related purposes.



The Parliament of Western Australia enacts as follows:




                                                            page 1
     Daylight Saving Bill 2006
     Part 1          Preliminary

     s. 1



                            Part 1 -- Preliminary
     1.       Short title
              This Act may be cited as the Daylight Saving Act 2006.

     2.       Commencement
 5            The provisions of this Act shall come into operation on the day
              on which this Act receives the Royal Assent.

     3.       Interpretation
              In this Act unless the contrary intention appears --
              "standard time" means the time declared by the Standard Time
10                 Act 2005 to be standard time throughout the State;
              "summer time" means the time to be observed throughout the
                   State as provided by sections 4 and 5;
              "the hour of 2 a.m." means that hour as determined by
                   standard time.




     page 2
                                                  Daylight Saving Bill 2006
                                               Summer time           Part 2

                                                                         s. 4



                      Part 2 -- Summer time
     4.   Initial period of daylight saving
          Notwithstanding the Standard Time Act 2005, from the hour of
          2 a.m. on 1 December 2006 until the hour of 2 a.m. on
 5        25 March 2007 summer time shall, throughout the State, be one
          hour in advance of standard time and shall be observed
          accordingly.

     5.   Summer time to be one hour in advance every successive
          year
10        Following the initial period set out in section 4, notwithstanding
          the Standard Time Act 2005, from the hour of 2 a.m. on the last
          Sunday in October in each year until the hour of 2 a.m. on the
          last Sunday in March of the following year, summer time shall,
          throughout the State, be one hour in advance of standard time
15        and shall be observed accordingly.

     6.   Construction of expression of time in enactments, etc.
          Notwithstanding anything contained in --
           (a) any enactment;
           (b) any contract or agreement, whether made orally or in
20               writing; or
           (c) any deed or other instrument of any kind,
          in which any time or period of time is prescribed, specified, or
          stipulated as the time at which, or the period of time for which
          or during which, or any part of which the doing of any act,
25        matter, or thing is required, permitted or forbidden, that time,
          period of time, or part of a period of time, as the case may be,
          shall, with respect to any period during which summer time is
          declared by this Act to be in advance of standard time, be held
          to be, and shall be determined by reference to, summer time
30        unless the contrary is expressed, provided, or stipulated in that
          enactment, contract, agreement, deed or instrument.


                                                                      page 3
     Daylight Saving Bill 2006
     Part 2          Summer time

     s. 7



     7.         Act not to affect use of standard time for certain purposes
          (1)   Except as otherwise expressly provided in this Act, the
                Standard Time Act 2005 is not affected by this Act.
          (2)   Nothing in this Act affects the use of standard time for the
 5              purposes of astronomy, meteorology, or navigation, or the
                construction of any document mentioning or referring to a point
                of time in connection with any of those purposes.

     8.         Regulations as to trading hours, etc.
          (1)   The Governor, on the recommendation of the Minister, may
10              make regulations declaring --
                 (a)   the trading hours of any organization (however
                       described) whose hours of trade are regulated under the
                       Retail Trading Hours Act 1987;
                 (b)   the hours of work of any employee (however described)
15                     whose hours of work are regulated under the Industrial
                       Relations Act 1979;
                 (c)   the trading hours of any person licensed under the
                       Liquor Licensing Act 1988;
                 (d)   the hours of operation of any school regulated under the
20                     School Education Act 1999; or
                 (e)   such other matters as are, in the opinion of the
                       Governor, necessary to be declared to moderate the
                       effect of summer time.
          (2)   Regulations made under subsection (1) in relation to trading
25              hours, hours of work or hours of operation shall not --
                  (a) increase or decrease those hours; or
                  (b) declare those hours to commence or terminate more than
                        one hour after the time of commencement or termination
                        prescribed under the relevant written law.




     page 4
                                                         Daylight Saving Bill 2006
                                                      Summer time           Part 2

                                                                                s. 9



          (3)   Regulations made under subsection (1) have effect --
                 (a) in such region or area; and
                 (b) during such period,
                as is specified in the regulations, but have no effect outside the
 5              period from the hour of 2 a.m. on the last Sunday in October in
                a year to the hour of 2 a.m. on the last Sunday in March of the
                following year.
          (4)   Regulations made under subsection (1) have effect according to
                their tenor nothwithstanding any written law or other law, or
10              any award or agreement, or any order or ruling of any court,
                tribunal, commission or body.

     9.         Expiry and Review of Act
          (1)   This Act shall continue in force until 31 March 2009.
          (2)   After the expiry of this Act, the Parliament shall cause an
15              investigation and review of this Act to be conducted, a report as
                to the operation and effectiveness of the Act to be prepared and
                presented to both Houses of Parliament by no later than
                31 July 2009.




 


[Index] [Search] [Download] [Related Items] [Help]