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


LAND INFORMATION AUTHORITY BILL 2006

                       Western Australia


     Land Information Authority Bill 2006

                         CONTENTS


         Part 1 -- Preliminary
1.       Short title                                          2
2.       Commencement                                         2
3.       Terms used in this Act                               2
4.       Relationship between this Act and certain other
         Acts                                                 3
         Part 2 -- Western Australian Land
              Information Authority
5.       Authority established                                4
6.       Status                                               4
7.       Authority to be an SES organisation                  4
         Part 3 -- Functions of Authority
8.       Dual objectives of Authority                         5
9.       Functions                                            5
10.      Guiding principles                                   6
11.      Duty to act in accordance with policy instruments    7
12.      Powers generally                                     7
13.      Transactions that require Minister's approval        9
14.      Exemptions from section 13                          10
15.      Meaning of "transaction" in sections 13 and 14      10
16.      Pricing principles                                  10
17.      Certain information free of charge in exceptional
         cases                                               12
18.      Use of names for Authority and its operations       13
19.      Acting beyond limits of State                       13
20.      Delegation by Authority                             14



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Contents



              Part 4 -- General administration of
                   Authority
              Division 1 -- Board of Management
              Subdivision 1 -- General provisions
      21.     Board is governing body                            15
      22.     How board is constituted                           15
      23.     Remuneration and allowances                        15
      24.     Term of office                                     16
      25.     Casual vacancies                                   16
      26.     Leave of absence                                   17
      27.     Deputy chairman acting as chairman                 17
      28.     Alternate members                                  17
      29.     Committees                                         18
      30.     Disclosure of material personal interest           18
              Subdivision 2 -- Meetings
      31.     Holding meetings                                   19
      32.     Quorum                                             19
      33.     Presiding at meetings                              19
      34.     Procedure at meetings                              19
      35.     Voting                                             20
      36.     Inviting consultant to participate in meeting      20
      37.     Holding meetings remotely                          20
      38.     Resolution without meeting                         20
      39.     Minutes to be kept                                 20
      40.     Voting by interested board member                  21
      41.     Section 40 may be declared inapplicable            21
      42.     Quorum where section 40 applies                    21
      43.     Minister may declare sections 40 and 42
              inapplicable                                       21
              Division 2 -- Staff and contractors
      44.     Chief executive officer                            22
      45.     Other staff and contractors                        22
      46.     Use of government staff and facilities             22
              Part 5 -- Accountability and
                   financial provisions
              Division 1 -- Accountability
      47.     Draft strategic development plan to be submitted   24


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48.   Transitional provision                                  24
49.   Negotiating strategic development plan                  24
50.   Minister's powers in relation to draft strategic
      development plan                                        25
51.   Agreed strategic development plan                       25
52.   Strategic development plan if not agreed                25
53.   Content of strategic development plan                   26
54.   Modification of strategic development plan              26
55.   Draft statement of corporate intent to be submitted     27
56.   Transitional provision                                  27
57.   Negotiating statement of corporate intent               27
58.   Minister's powers in relation to draft statement of
      corporate intent                                        28
59.   Agreed statement of corporate intent                    28
60.   Statement of corporate intent if not agreed             29
61.   Content of statement of corporate intent                29
62.   Modification of statement of corporate intent           29
63.   Consultation                                            30
64.   Minister to be kept informed                            30
65.   Minister may give directions                            31
66.   When directions take effect                             31
67.   Minister to have access to information                  32
68.   Deletion of commercially sensitive matters              33
      Division 2 -- Financial provisions
69.   Authority's funds                                       33
70.   Western Australian Land Information Authority
      Account                                                 34
71.   Dividends                                               34
72.   Liability for duties, taxes, and other statutory
      imposts                                                 35
73.   Investment                                              36
74.   Hedging transactions                                    36
75.   Borrowing                                               37
76.   Guarantees                                              38
77.   Charges for guarantee                                   38
78.   Authority may extend credit                             38
79.   Notice of financial difficulty                          39
80.   Half-yearly reports                                     39




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              Division 3 -- Other provisions
      81.     Application of Financial Administration and Audit
              Act 1985                                            40
      82.     Protection for disclosure or compliance with
              directions                                          40
              Part 6 -- Miscellaneous
              Division 1 -- Protection of people dealing with
                      Authority
      83.     People dealing with Authority may make
              assumptions                                         41
      84.     Third parties may make assumptions                  41
      85.     Matters that can be assumed                         41
      86.     When those matters cannot be assumed                42
              Division 2 -- Other provisions
      87.     Execution of documents by Authority                 43
      88.     Contract formalities                                44
      89.     Confidential information officially obtained        44
      90.     Protection from liability for wrongdoing            45
      91.     Laying documents before House of Parliament not
              sitting                                             45
      92.     Regulations                                         46
      93.     Review of Act                                       46
              Part 7 -- Transitional matters
              Division 1 -- Staff
      94.     Other staff in the former department                47
              Division 2 -- General matters
      95.     Terms used in this Division                         47
      96.     General transitional provisions might not apply     47
      97.     Certain references to former bodies                 48
      98.     Certain references to department                    48
      99.     References to things done in former offices         48
      100.    References to documents of former bodies            48
              Division 3 -- Regulations for other matters
      101.    Transitional regulations                            49




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                                                                 Contents



       Part 8 -- Other Acts amended
       Division 1 -- Transfer of Land Act 1893 and
             related provisions
102.   The Act amended                                             50
103.   Section 4 amended                                           50
104.   Section 5 replaced                                          50
       5.       Commissioner of Titles                      50
105.   Section 6 amended                                           51
106.   Section 7 replaced                                          53
       7.       Registrar of Titles                         53
107.   Section 7A amended                                          53
108.   Section 8 replaced                                          54
       8.       Other designations                          54
109.   Section 8A inserted                                         54
       8A.      Designating statutory officers, generally   54
110.   Section 11 amended                                          55
111.   Section 13 amended                                          55
112.   Sections 15 and 15A inserted                                56
       15.      Delegation by Commissioner                  56
       15A.     Delegation by Registrar                     57
113.   Section 181 amended                                         57
114.   Section 188 amended                                         58
115.   Section 190 replaced                                        58
       190.     Money received by Registrar                 58
116.   Section 239 amended                                         58
117.   Section 239A repealed                                       59
118.   Various references to department amended                    59
119.   Certain references in other Acts to plans and
       diagrams amended                                            59
120.   Administration Act 1903 amended                             60
121.   Agriculture and Related Resources Protection
       Act 1976 amended                                            60
122.   Anglican Church of Australia (Diocese of North
       West Australia) Act 1961 amended                            61
123.   Anglican Church of Australia Diocesan Trustees
       and Lands Act 1918 amended                                  62
124.   Anglican Church of Australia Lands Act 1914
       amended                                                     62
125.   Argentine Ant Act 1968 amended                              63
126.   Bush Fires Act 1954 amended                                 63



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Contents



      127.    City of Perth (Leederville Park Lands) Act 1950
              amended                                           65
      128.    Control of Vehicles (Off-road Areas) Act 1978
              amended                                           65
      129.    Country Areas Water Supply Act 1947 amended       66
      130.    Country Housing Act 1998 amended                  67
      131.    Country Towns Sewerage Act 1948 amended           68
      132.    Dog Act 1976 amended                              69
      133.    Evidence Act 1906 amended                         69
      134.    Geraldton Foreshore and Marina Development
              Act 1990 amended                                  70
      135.    Health Act 1911 amended                           70
      136.    Heritage of Western Australia Act 1990 amended    71
      137.    Housing Act 1980 amended                          72
      138.    Kalgoorlie and Boulder Racing Clubs Act 1904
              amended                                           72
      139.    Land Administration Act 1997 amended              73
      140.    Land Boundaries Act 1841 amended                  73
      141.    Land Drainage Act 1925 amended                    73
      142.    Land Tax Assessment Act 2002 amended              74
      143.    Licensed Surveyors Act 1909 amended               76
      144.    Local Government Act 1995 amended                 76
      145.    Metropolitan Water Supply, Sewerage, and
              Drainage Act 1909 amended                         77
      146.    Morley Shopping Centre Redevelopment
              Agreement Act 1992 amended                        78
      147.    Planning and Development Act 2005 amended         78
      148.    Plant Diseases Act 1914 amended                   81
      149.    Redemption of Annuities Act 1909 amended          81
      150.    Registration of Deeds Act 1856 amended            82
      151.    Rights in Water and Irrigation Act 1914 amended   84
      152.    Roman Catholic Bishop of Broome Property
              Act 1957 amended                                  85
      153.    Roman Catholic Bunbury Church Property
              Act 1955 amended                                  85
      154.    Roman Catholic Church Property Act 1911
              amended                                           86
      155.    Roman Catholic Geraldton Church Property
              Act 1925 amended                                  86
      156.    Roman Catholic New Norcia Church Property
              Act 1929 amended                                  86

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157.   Sale of Land Act 1970 amended                               87
158.   Settlement Agents Act 1981 amended                          88
159.   Standard Survey Marks Act 1924 amended                      89
160.   Strata Titles Act 1985 amended                              89
       129B.    Delegation by Commissioner of Titles       90
       129C.    Delegation by Registrar of Titles          91
       129D.    Money received by Registrar                92
161.   Tamala Park Land Transfer Act 2001 amended                  92
162.   The Salvation Army (Western Australia) Property
       Trust Act 1931 amended                                      92
163.   Toodyay Cemeteries Act 1939 amended                         93
164.   Transfer of Land Amendment Act 2003 amended                 94
165.   Water Boards Act 1904 amended                               94
       Division 2 -- Valuation of Land Act 1978 and
             related provisions
166.   The Act amended                                             95
167.   Section 4 amended                                           95
168.   Section 6 replaced                                          96
       6.       Valuer-General                              96
169.   Section 9 amended                                           97
170.   Section 13 amended                                          97
171.   Section 14 amended                                          97
172.   Section 16 amended                                          98
173.   Section 16A amended                                         98
174.   Section 16B inserted                                        99
       16B.     Yearly report by Valuer-General             99
175.   Section 25 amended                                         100
176.   Section 28 replaced                                        100
       28.      Custody, inspection and availability of
                valuation rolls                            100
177.   Section 29 amended                                         101
178.   Section 38 inserted                                        101
       38.      Charges for making valuations under
                Part III                                   101
179.   Section 39 amended                                         102
180.   Section 39A replaced                                       102
       39A.     Authority may provide goods and services   102
181.   Section 40 replaced                                        103
       40.      Money received by Valuer-General           103
182.   Section 48 amended                                         103
183.   Interpretation Act 1984 amended                            103
184.   Taxation Administration Act 2003 amended                   104


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Contents



              Division 3 -- Acts requiring minor changes
      185.    Constitution Acts Amendment Act 1899 Schedule V
              amended                                           104
      186.    Financial Administration and Audit Act 1985
              Schedule 1 amended                                104
      187.    Public Sector Management Act 1994 Schedule 2
              amended                                           105
      188.    Statutory Corporations (Liability of Directors)
              Act 1996 Schedule 1 amended                       105
              Defined Terms




page viii
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)


       Land Information Authority Bill 2006


                               A Bill for


An Act to establish a State agency to administer certain land
information and provide and promote the use of land information
and related goods and services; and to provide for related matters,
including the amendment of certain Acts.



The Parliament of Western Australia enacts as follows:




                                                               page 1
     Land Information Authority Bill 2006
     Part 1         Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This is the Land Information Authority Act 2006.

     2.         Commencement
 5        (1)   This Act, other than this Part, comes into operation on a day
                fixed by proclamation.
          (2)   This Part comes into operation on the day after the day on
                which this Act receives the Royal Assent.

     3.         Terms used in this Act
10              In this Act, unless the contrary intention appears --
                "appointed member" means a member of the Authority's
                    board of management appointed under section 22(1)(b);
                "Authority" means the Western Australian Land Information
                    Authority established by section 5;
15              "chief executive officer" means the chief executive officer,
                    under the Public Sector Management Act 1994, of the
                    Authority;
                "goods and services" provided by the Authority includes
                    anything provided by the Authority;
20              "land information" includes information about, or related to,
                    any point, line, surface, or space the location of which is
                    fixed by reference to the earth, whether or not it is wholly
                    on, under, or above the surface of the land or the sea;
                "member of the Authority's staff " means the chief executive
25                  officer, any other person employed by the Authority or its
                    employing authority as defined in the Public Sector
                    Management Act 1994 section 5, or a person whose
                    services the Authority uses under section 46;
                "Treasurer" means the Treasurer of the State.



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                                                Preliminary          Part 1

                                                                        s. 4



    4.   Relationship between this Act and certain other Acts
         If anything in this Act is inconsistent with a provision of another
         Act relating to a function that the other Act confers on --
           (a) the person who is the Commissioner of Titles under the
5                Transfer of Land Act 1893 or the Registrar of Titles
                 under that Act; or
           (b) the person who is the Valuer-General under the
                 Valuation of Land Act 1978,
         the provision of the other Act prevails.




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     Land Information Authority Bill 2006
     Part 2         Western Australian Land Information Authority

     s. 5



                    Part 2 -- Western Australian Land
                          Information Authority
     5.         Authority established
          (1)   A body called the Western Australian Land Information
 5              Authority is established.
          (2)   The Authority is a body corporate with perpetual succession.
          (3)   Proceedings may be taken by or against the Authority in its
                corporate name.

     6.         Status
10              The Authority is an agent of the State and, except as stated in
                section 72, has the status, immunities, and privileges of the
                State.

     7.         Authority to be an SES organisation
                The Authority is to be an SES organisation under the Public
15              Sector Management Act 1994.




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                                              Land Information Authority Bill 2006
                                              Functions of Authority        Part 3

                                                                                s. 8



                      Part 3 -- Functions of Authority
     8.         Dual objectives of Authority
                It is intended that the Authority --
                   (a) act as a body through which the State performs certain
 5                        functions related to land information on a basis that does
                          not involve making a profit; and
                  (b) in addition to acting as described in paragraph (a),
                          generate for the State a fair commercial return from
                          providing goods and services on a basis that may
10                        involve making a profit.
     9.         Functions
          (1)   The Authority's main responsibilities include to provide,
                administer, and provide access to information in, land
                information systems as the laws of the State require.
15        (2)   The land information systems provided under subsection (1)
                may include other information as well as the information that
                the laws of the State require them to contain and will include
                notifications of interests of a type determined by the Minister in
                accordance with subsection (3) and prescribed by regulation.
20        (3)   The Minister will determine the types of interests in or
                notifications in respect of land that are issued or made by any
                public or private body, which must be notified to the Authority
                and be made publicly accessible on a basis which does not
                involve making a profit.
25        (4)   The Authority may also provide, administer, and provide access
                to information in, land information systems other than those that
                are required by the laws of the State.
          (5)   The information that is in a land information system provided
                under subsection (1) or (4) may include information obtained
30              from another person.



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     s. 10



           (6)   The Authority's main responsibilities under this Act also
                 include to provide staff, systems, and other resources and
                 support, and to provide services and facilities, for the
                 performance of functions that any other Act gives to a member
 5               of the Authority's staff.
           (7)   The Authority may also --
                  (a) under arrangements that may be agreed between the
                       Authority and any other person keeping land
                       information, whether in the public sector or the private
10                     sector and whether to comply with a statutory
                       requirement or otherwise, provide goods and services to
                       that person; and
                  (b) provide goods and services related to any of its other
                       functions under this or any other Act or that it is able to
15                     provide because of expertise related to any of those
                       functions.
           (8)   The Authority's other responsibilities under this Act are to, at
                 the request of the Minister or as the Authority considers
                 appropriate --
20                 (a) develop policy and advise the Minister or any public
                         body on matters related to the Authority's land
                         information functions; and
                   (b) represent the State as a participant in the proceedings
                         and activities of any body, whether local, national, or
25                       international, that has land information functions.

     10.         Guiding principles
           (1)   In performing its functions under this Act, the Authority has
                 to --
                   (a) act in a cost effective manner; and
30                 (b) act on prudent commercial principles.




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                                               Functions of Authority        Part 3

                                                                                s. 11



           (2)   The Authority has to perform its functions under this Act in a
                 way that supports the sustainable economic, social, and
                 environmental management and development of the State.
           (3)   In performing its functions under this Act, the Authority has to
 5               have regard to --
                   (a) the maintenance of the integrity of the registers and
                         other records that it or a member of its staff is required
                         by law to keep about interests in land and the valuation
                         of land; and
10                 (b) the importance of satisfying the land information needs
                         of the State government; and
                   (c) the requirements of participants in the land information
                         industry within the State.

     11.         Duty to act in accordance with policy instruments
15               The Authority is to perform its functions in accordance with its
                 strategic development plan and its statement of corporate intent
                 as existing from time to time under Part 5 Division 1.
     12.         Powers generally
           (1)   The Authority has all the powers it needs to perform its
20               functions under this Act or any other Act.
           (2)   The Authority may, for the purpose of performing any of its
                 functions under this Act or any other Act --
                   (a) acquire, develop, dispose of, and otherwise deal with,
                        property;
25                 (b) enter into any contract or arrangement, including a
                        contract or arrangement with any person for the
                        performance of the function by that person on behalf of
                        the Authority;
                   (c) act as an agent or provide consultancy, professional, or
30                      technical services or other assistance under a contract
                        for services or other arrangement;


                                                                              page 7
     Land Information Authority Bill 2006
     Part 3         Functions of Authority

     s. 12



                (d)   participate, with the Minister's approval, in any business
                      concern and, with the Treasurer's approval, acquire,
                      hold, and dispose of, shares, units, or other interests in,
                      or relating to, a business concern;
 5              (e)   carry out any investigation, survey, exploration,
                      feasibility study, evaluation, or review;
                (f)   collaborate in, carry out, or procure the carrying out of,
                      research and publish information that results from the
                      research;
10              (g)   produce and deal in any equipment, facilities, or system
                      associated with the performance of the function;
                (h)   use information that it derives from the performance of
                      any function that this or any other Act gives the
                      Authority or a member of its staff;
15              (i)   develop and turn to account any technology, software, or
                      intellectual property that relates to the function and, for
                      that purpose, apply for, hold, exploit, and dispose of any
                      patent, patent rights, copyright, or similar rights;
                (j)   promote the Authority and promote and market its goods
20                    and services.
        (3)   Subsection (2) does not limit subsection (1) or any of the
              Authority's other powers.
        (4)   The Authority may --
               (a) make any gift for a charitable purpose or any other
25                  purpose of benefit to the community or a section of the
                    community;
               (b) make any ex gratia payment that it considers to be in the
                    Authority's interest;
               (c) accept any gift or other payment if it is absolute, or
30                  subject to conditions that the Authority would be able to
                    satisfy.




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                                                                              s. 13



           (5)   In this section --
                 "acquire" includes to take --
                      (a) by way of a lease, licence, easement, or bailment; or
                      (b) in any other manner in which an interest in property
 5                           may be acquired;
                 "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
10                    (b) in any other manner in which an interest in property
                             may be disposed of;
                 "participate in" includes to form, promote, establish, enter
                      into, manage, dissolve, wind up, and do things incidental to
                      participating in, a business concern.

15   13.         Transactions that require Minister's approval
           (1)   Despite sections 9 and 12, the Authority must have the
                 Minister's approval before it enters into a transaction to which
                 this section applies.
           (2)   This section applies to a transaction if --
20                (a) it is to be entered into by the Authority; and
                  (b) it is not exempt under section 14; and
                  (c) the Authority's liability exceeds the relevant amount.
           (3)   In subsection (2)(c) --
                 "Authority's liability" means the amount or value of the
25                    consideration or the amount to be paid or received by the
                      Authority, ascertained as at the time when the transaction is
                      entered into;
                 "relevant amount" means 5 million dollars or, if regulations
                      made under section 92 on the Treasurer's recommendation
30                    prescribe a greater amount for the purposes of this
                      definition, the amount prescribed.

                                                                            page 9
     Land Information Authority Bill 2006
     Part 3         Functions of Authority

     s. 14



     14.         Exemptions from section 13
           (1)   The Minister, with the Treasurer's concurrence, may by order
                 exempt a transaction or class of transaction from the operation
                 of section 13 either unconditionally or on specified conditions.
 5         (2)   An order under subsection (1) may be revoked or amended by
                 the Minister with the Treasurer's concurrence.
           (3)   An order under subsection (1) or (2) is to show sufficient
                 particulars of the transaction or class of transaction to which it
                 relates to enable the transaction or class to be identified.
10         (4)   The Minister must, within 14 days after an order under
                 subsection (1) or (2) is made, cause the text of it to be laid
                 before each House of Parliament or dealt with under section 91.

     15.         Meaning of "transaction" in sections 13 and 14
                 In sections 13 and 14 --
15               "transaction" --
                      (a) includes a contract or other arrangement or any
                            exercise of the power conferred by section 12(2)(d);
                            and
                      (b) does not include any transaction under section 73, 74,
20                          or 75.

     16.         Pricing principles
           (1)   This section fixes principles on the basis of which the Authority
                 is to charge in certain circumstances for goods or services --
                    (a) that it provides under this Act; or
25                 (b) that any other written law requires to be charged for in
                         accordance with this section.
           (2)   This section does not apply to the charging of an amount that is
                 fixed by a written law.




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                                        Functions of Authority        Part 3

                                                                         s. 16



     (3)   Unless subsection (4) or (6) applies or an arrangement described
           in subsection (7) provides otherwise, charges that the Authority
           makes for providing goods or services for use for any purpose
           that involves any commercial benefit being derived are to be
 5         designed to provide to the Authority an overall profit
           representing a fair commercial return after covering the
           Authority's total costs related to the goods or services.
     (4)   A charge that the Authority makes for providing fundamental
           land information --
10           (a) to the State or a local government; or
             (b) in accordance with an approval under subsection (9),
           for use for a purpose that does not involve any commercial
           benefit being derived, is to be designed to cover the Authority's
           costs of extracting the information and providing it.
15   (5)   The cost of extracting and providing fundamental land
           information, for the purposes of subsection (4) --
             (a) includes --
                     (i) the cost to the Authority of processing a request
                          for information, extracting the information,
20                        providing it in the format in which it is extracted,
                          and performing accounting related to the
                          transaction; and
                    (ii) a proportion of the cost of accommodation,
                          equipment, and other overheads required to
25                        provide the service;
                  but
             (b) does not include any of the cost of collecting or
                  maintaining the information.
     (6)   A charge that the Authority makes for providing any goods or
30         services, other than fundamental land information --
             (a) to the State or a local government; or
             (b) in accordance with an approval under subsection (9),


                                                                      page 11
     Land Information Authority Bill 2006
     Part 3         Functions of Authority

     s. 17



                 for use for a purpose that does not involve any commercial
                 benefit being derived, is to be designed to cover the Authority's
                 total costs related to the goods or services.
           (7)   The Authority may charge a person for providing any goods or
 5               services on a basis that is different from the basis described by
                 the other provisions of this section if the charge is in accordance
                 with an arrangement agreed between the Authority and that
                 person.
           (8)   A charge under an arrangement agreed under subsection (7)
10               may involve the making of a profit by the Authority.
           (9)   The Authority may approve of any goods or services being
                 provided at a charge described in subsection (4) or (6), as the
                 case requires, if it is satisfied that the person to whom they are
                 provided --
15                 (a) has functions of a public nature; and
                   (b) will not use them other than for the purposes of
                         education, research, or activities of a community or
                         regional nature; and
                   (c) will comply with any conditions on which goods or
20                       services are provided at a charge as described.
       (10)      In this section --
                 "fundamental land information" means any land information
                      that the regulations prescribe as fundamental land
                      information for the purposes of subsection (4).

25   17.         Certain information free of charge in exceptional cases
           (1)   The Minister may, under section 65(1), direct the Authority to
                 provide information of a class identified in the direction free of
                 charge.
           (2)   The direction may be expressed to apply only in a case of a
30               class identified in the direction.



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                                               Functions of Authority        Part 3

                                                                                 s. 18



           (3)   The Minister may give a direction as described in subsection (1)
                 even though it would require the Authority to act contrary to the
                 principles described in section 16, but this section does not
                 enable the Minister to require information to be provided free of
 5               a charge fixed by a written law.
           (4)   Before giving a direction as described in subsection (1), the
                 Minister has to consider the impact, if any, that complying with
                 the direction would have on the Authority's ability to achieve its
                 objectives and targets outlined in its strategic development plan
10               and its statement of corporate intent, and the Minister may give
                 the direction even though complying with it may prevent, or
                 significantly affect, achievement of any of those objectives and
                 targets.
           (5)   The Minister cannot give a direction as described in
15               subsection (1) unless --
                   (a) the Minister is satisfied that there is a public benefit
                        sufficient to justify giving the direction; and
                   (b) the direction is given with the Treasurer's concurrence.

     18.         Use of names for Authority and its operations
20               The Authority may use and operate under one or more trading
                 names allowed by the Minister, being --
                   (a) an abbreviation or adaptation of the name given by
                        section 5(1); or
                   (b) any other name.

25   19.         Acting beyond limits of State
                 In performing functions under this Act, the Authority is not
                 confined to acting within the territorial limits of the State or the
                 Commonwealth.




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     s. 20



     20.         Delegation by Authority
           (1)   The Authority may delegate to a person a power or duty of the
                 Authority under another provision of this Act or under any other
                 Act.
 5         (2)   The delegation must be in writing executed by the Authority.
           (3)   If a person is not a member of the Authority's board of
                 management or a member of the Authority's staff, a power or
                 duty can only be delegated to the person under this section if the
                 person has been approved for the purposes of this section by the
10               Minister.
           (4)   A delegation to a committee any member of which is not a
                 member of the Authority's board of management or a member
                 of the Authority's staff can only be made if the delegation has
                 been approved by the Minister.
15         (5)   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
                        office or class of office.
           (6)   The delegation may expressly authorise the delegate to further
20               delegate the power or duty.
           (7)   A person exercising or performing a power or duty that has been
                 delegated to the person under, or as authorised under, this
                 section is to be taken to do so in accordance with the terms of
                 the delegation unless the contrary is shown.
25         (8)   Nothing in this section limits the ability of the Authority to
                 perform a function through a member of its staff or an agent.




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                                             Board of Management      Division 1
                                                                             s. 21



             Part 4 -- General administration of Authority
                        Division 1 -- Board of Management
                         Subdivision 1 -- General provisions
     21.         Board is governing body
 5         (1)   The Authority is to have a board of management.
           (2)   The board is the governing body of the Authority and, in the
                 name of the Authority, is to perform the functions of the
                 Authority under this Act or any other written law.
     22.         How board is constituted
10         (1)   The members of the Authority's board of management are --
                  (a) the chief executive officer; and
                  (b) at least 4 but not more than 6 other people appointed as
                       members by the Minister.
           (2)   A person who is a member of the Authority's staff is not
15               eligible to be an appointed member.
           (3)   The Minister is to designate one of the appointed members to be
                 the chairman and another to be the deputy chairman of the
                 board.
           (4)   The Minister is to ensure that the members of the board have,
20               between them, the knowledge and experience needed to enable
                 the Authority's functions under this Act to be effectively
                 performed.
           (5)   The Minister is not to appoint a person as a member of the
                 board if the person has any other interests or duties that might
25               be expected to conflict with duties as a member of the board.
     23.         Remuneration and allowances
                 Members of the Authority's board of management are entitled
                 to be paid by the Authority any remuneration and allowances


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                 that the Minister may from time to time determine on the
                 recommendation of the Minister for Public Sector Management.

     24.         Term of office
           (1)   The term for which the Minister appoints a person to be a
 5               member of the Authority's board of management is to be fixed
                 in the instrument of appointment and is to be not longer than
                 3 years.
           (2)   A person's eligibility for reappointment or the term for which a
                 person may be reappointed is not affected by an earlier
10               appointment.
           (3)   A person whose term of office expires continues in office, for
                 not more than 3 months after the term of office expires, until
                 another appointment to the office comes into effect unless --
                   (a) under section 25, the person resigns or is removed from
15                      office; or
                   (b) under section 22(2), the person becomes ineligible to be
                        an appointed member.

     25.         Casual vacancies
           (1)   An appointed member may at any time resign from office by
20               notice in writing delivered to the Minister.
           (2)   The Minister may remove a person who is an appointed member
                 from office on the grounds of --
                   (a) mental or physical incapacity to carry out the person's
                        duties in a satisfactory manner; or
25                 (b) the person being an insolvent under administration as
                        that term is defined in the Commonwealth Corporations
                        Act 2001; or
                   (c) absence, without leave, from 3 consecutive meetings of
                        the board of which the member has had notice; or
30                 (d) neglect of duty; or
                   (e) misconduct.

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           (3)   The office of an appointed member becomes vacant if, before
                 the term for which the person holding the office was appointed
                 expires, the person dies, resigns, becomes ineligible under
                 section 22(2) to be an appointed member, or is removed from
 5               office.

     26.         Leave of absence
                 The Authority's board of management may, on any terms and
                 conditions it thinks fit, grant a member leave to be absent from
                 duty.

10   27.         Deputy chairman acting as chairman
           (1)   If the chairman of the Authority's board of management is
                 unable to act because of sickness, absence or other cause or if
                 there is no chairman, the deputy chairman of the board is to act
                 in the chairman's place.
15         (2)   An act or omission of the deputy chairman acting in the
                 chairman's place cannot be questioned on the ground that the
                 occasion to act in the chairman's place had not arisen or had
                 ceased.

     28.         Alternate members
20         (1)   If an appointed member of the Authority's board of
                 management other than the chairman is unable to act because of
                 sickness, absence or other cause, the Minister may appoint
                 another person as an alternate member to act temporarily in the
                 member's place.
25         (2)   If the deputy chairman is acting in place of the chairman at a
                 meeting, the Minister may appoint another person as an
                 alternate member to act temporarily as the deputy chairman.
           (3)   Section 22(4) and (5) apply to the appointment of an alternate
                 member as if a reference in each of those provisions to a
30               member included a reference to an alternate member.



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           (4)   While acting in accordance with the appointment the alternate
                 member is to be taken to be, and to have any entitlement of, a
                 member.
           (5)   An act or omission of an alternate member cannot be questioned
 5               on the ground that the occasion for the appointment or acting
                 had not arisen or had ceased.

     29.         Committees
           (1)   The Authority's board of management may appoint committees
                 to assist it to perform its functions, and may discharge or alter
10               any committee it has appointed.
           (2)   A committee may include people who are not members of the
                 board but has to include at least one member of the board.
           (3)   A committee may determine its own procedures but they have
                 to be consistent with any directions of the board and the terms
15               of any delegation under which the committee is acting.

     30.         Disclosure of material personal interest
           (1)   A member of the Authority's board of management who has a
                 material personal interest in a matter being considered or about
                 to be considered by the board must, as soon as possible after the
20               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 member of a committee appointed by the Authority's board
                 of management who has a material personal interest in a matter
25               being considered or about to be considered by the committee
                 must, 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 committee.
                 Penalty: a fine of $10 000.
30         (3)   Subsection (2) applies to a person who is a member of the
                 committee and also a member of the Authority's board of

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                                             Board of Management      Division 1
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                 management even though the person has already disclosed the
                 nature of the interest at a meeting of the board.
           (4)   A disclosure under subsection (1) or (2) is to be recorded in the
                 minutes of the meeting.

 5                             Subdivision 2 -- Meetings

     31.         Holding meetings
           (1)   The first meeting of the Authority's board of management is to
                 be convened by the chairman and subsequent meetings, unless
                 convened under subsection (2), are to be held at times and
10               places determined by the Authority's board of management.
           (2)   A special meeting of the Authority's board of management may
                 at any time be convened by the chairman.

     32.         Quorum
                 Without otherwise affecting the Interpretation Act 1984
15               section 54(2), less than 3 members do not constitute a quorum
                 of the Authority's board of management.

     33.         Presiding at meetings
           (1)   The chairman, if present, is to preside at a meeting of the
                 Authority's board of management.
20         (2)   If neither the chairman, nor the deputy chairman acting as the
                 chairman, is presiding under subsection (1) the members present
                 at the meeting are to appoint one of their number to preside.

     34.         Procedure at meetings
                 The Authority's board of management is to determine its own
25               meeting procedures to the extent that they are not fixed by this
                 Act.




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     35.         Voting
           (1)   At a meeting of the Authority's board of management, each
                 member present has a deliberative vote unless section 40
                 prevents the member from voting.
 5         (2)   A question is resolved according to how a majority of the votes
                 are cast but if there is not a majority the question is resolved
                 according to the casting vote of the person presiding.

     36.         Inviting consultant to participate in meeting
                 The Authority may arrange for a person who is not a member of
10               the Authority's board of management to participate in a meeting
                 in a consultative capacity, but that person is not entitled to vote
                 at the meeting.

     37.         Holding meetings remotely
                 The presence of a person at a meeting of the Authority's board
15               of management need not be by attendance in person but may be
                 by that person and each other person at the meeting being
                 simultaneously in contact by telephone or other means of
                 instantaneous communication.

     38.         Resolution without meeting
20               A resolution in writing signed or otherwise assented to in
                 writing by at least half of the members of the Authority's board
                 of management has the same effect as if it had been passed at a
                 meeting of the board.

     39.         Minutes to be kept
25               The Authority is to cause accurate minutes to be kept of the
                 proceedings at meetings of its board of management.




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     40.         Voting by interested board member
           (1)   A member of the Authority's board of management who has a
                 material personal interest in a matter that is being considered by
                 the board --
 5                 (a) must not vote, whether at a meeting or otherwise, on the
                        matter; and
                   (b) must not be present while the matter is being considered
                        at a meeting.
           (2)   A reference in subsection (1)(a) or (b) to a matter includes a
10               reference to a proposed resolution under section 41 in respect of
                 the matter, whether relating to that member or a different
                 member.

     41.         Section 40 may be declared inapplicable
                 Section 40 does not apply if the board has at any time passed a
15               resolution that --
                   (a) specifies the member, the interest and the matter; and
                   (b) states that the members voting for the resolution are
                         satisfied that the interest should not disqualify the
                         member from considering or voting on the matter.

20   42.         Quorum where section 40 applies
           (1)   When the board is dealing with a matter in relation to which a
                 member is disqualified under section 40, 3 members who are
                 entitled to vote on any motion that may be moved in relation to
                 the matter constitute a quorum.
25         (2)   The Minister may deal with a matter to the extent that the board
                 cannot deal with it because of subsection (1).

     43.         Minister may declare sections 40 and 42 inapplicable
           (1)   The Minister may by writing declare that section 40 or 42 does
                 not apply in relation to a specified matter, either generally or for
30               the purpose of dealing with particular proposed resolutions.

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           (2)   The Minister must, within 14 days after a declaration under
                 subsection (1) is made, cause the text of the declaration to be
                 laid before each House of Parliament or dealt with under
                 section 91.

 5                      Division 2 -- Staff and contractors
     44.         Chief executive officer
           (1)   The chief executive officer cannot be excluded from the Senior
                 Executive Service under the Public Sector Management
                 Act 1994 section 43(3).
10         (2)   Subject to the control of the Authority's board of management,
                 the chief executive officer is responsible for, and has the powers
                 needed to administer, the day to day operations of the Authority.

     45.         Other staff and contractors
           (1)   The Authority may employ and manage staff in addition to any
15               staff employed in the Senior Executive Service under the Public
                 Sector Management Act 1994 Part 3 Division 2.
           (2)   This section does not detract from the power that the Public
                 Sector Management Act 1994 section 100 gives the Authority to
                 engage a person under a contract for services or appoint a
20               person on a casual employment basis.
           (3)   The Authority 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.

     46.         Use of government staff and facilities
25         (1)   The Authority may by arrangement with the relevant employer
                 make use, either full-time or part-time, of the services of any
                 officer or employee --
                   (a) in the Public Service; or
                   (b) in a State agency; or


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           (c)   otherwise in the service of the State.
    (2)   The Authority may by arrangement with --
           (a) a department of the Public Service; or
           (b) a State agency,
5         make use of any facilities of the department or agency.
    (3)   An arrangement under subsection (1) or (2) is to be made on
          terms agreed to by the parties.




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     Division 1     Accountability
     s. 47



           Part 5 -- Accountability and financial provisions
                            Division 1 -- Accountability
     47.         Draft strategic development plan to be submitted
           (1)   In each financial year the Authority's board of management is
 5               to prepare, and submit to the Minister for agreement, a draft
                 strategic development plan for the Authority for the next
                 financial year (the "relevant financial year").
           (2)   The Minister may from time to time, with the Treasurer's
                 concurrence, by notice in writing to the Authority --
10                 (a) fix a day in each year by which a draft strategic
                        development plan is to be submitted under
                        subsection (1); or
                   (b) cancel a notice given under paragraph (a).
           (3)   The draft strategic development plan is to be submitted not later
15               than --
                  (a)   the day fixed under subsection (2); or
                  (b)   if there is for the time being no day fixed under
                        subsection(2), 6 months before the start of the relevant
                        financial year.

20   48.         Transitional provision
                 The first strategic development plan for the Authority is to be
                 for the next full financial year after the commencement of this
                 section.

     49.         Negotiating strategic development plan
25         (1)   The Authority's board of management and the Minister are to
                 try to agree on a draft strategic development plan as soon as
                 possible and in any case not later than one month before the
                 start of the relevant financial year.



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           (2)   The Minister must have the Treasurer's concurrence before
                 agreeing on a draft strategic development plan.

     50.         Minister's powers in relation to draft strategic
                 development plan
 5         (1)   The Minister may return a draft strategic development plan to
                 the Authority and request that its board of management --
                   (a) consider or further consider any matter and deal with it
                        in the draft plan; and
                   (b) revise the draft plan in the light of its consideration or
10                      further consideration.
           (2)   The Authority's board of management is to comply with a
                 request under subsection (1) as soon as is practicable.
           (3)   If the Minister has returned a draft strategic development plan to
                 the Authority making a request under subsection (1) and, later
15               than one month before the start of the relevant financial year,
                 the Authority's board of management and the Minister have not
                 agreed on a draft strategic development plan, the Minister may,
                 under section 65, direct the Authority that its board of
                 management is to --
20                 (a) take specified steps in relation to the draft plan; or
                   (b) make specified modifications to the draft plan.

     51.         Agreed strategic development plan
                 When the Authority's board of management and the Minister
                 agree on a draft strategic development plan it becomes the
25               Authority's strategic development plan for the relevant financial
                 year or, if that year has started when agreement is reached, the
                 remainder of the year.

     52.         Strategic development plan if not agreed
           (1)   If the Authority's board of management and the Minister have
30               not agreed on a draft strategic development plan before the start
                 of the relevant financial year, the latest draft plan is to be the

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                 strategic development plan for the Authority until a draft
                 strategic development plan is agreed.
           (2)   In subsection (1) --
                 "latest draft plan" means the draft strategic development plan
 5                    submitted, or last submitted, by the Authority's board of
                      management to the Minister before the start of the relevant
                      financial year with any modifications made by the board,
                      whether before or after that time, at the direction of the
                      Minister.

10   53.         Content of strategic development plan
           (1)   The strategic development plan for a year is to cover a forecast
                 period of 5 years commencing at the beginning of the relevant
                 year or a lesser period that the Minister and the Authority's
                 board of management agree.
15         (2)   The strategic development plan is to set out the Authority's
                 medium to long term objectives in performing its functions
                 under this or any other Act and is to include --
                   (a) matters as required by regulations made under
                         section 92 with the Treasurer's concurrence; and
20                 (b) any other matters that the Minister and the Authority's
                         board of management agree are to be included.

     54.         Modification of strategic development plan
           (1)   A strategic development plan may be modified by the
                 Authority's board of management with the agreement of the
25               Minister.
           (2)   The Minister cannot agree to a modification of a strategic
                 development plan without the Treasurer's concurrence.
           (3)   The Minister may, under section 65, direct the Authority to
                 cause its board of management to modify a strategic
30               development plan but only with the Treasurer's concurrence and



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                 after the Minister has consulted with the Authority's board of
                 management and taken its views into account.

     55.         Draft statement of corporate intent to be submitted
           (1)   In each financial year the Authority's board of management is
 5               to prepare, and submit to the Minister for agreement, a draft
                 statement of corporate intent for the Authority for the next
                 financial year (the "relevant financial year").
           (2)   The Minister may from time to time, with the Treasurer's
                 concurrence, by notice in writing to the Authority --
10                 (a) fix a day in each year by which a draft statement of
                        corporate intent is to be submitted under subsection (1);
                        or
                   (b) cancel a notice given under paragraph (a).
           (3)   The draft statement of corporate intent is to be submitted not
15               later than --
                  (a)    the day fixed under subsection (2); or
                  (b)    if there is for the time being no day fixed under
                         subsection (2), 6 months before the start of the relevant
                         financial year.

20   56.         Transitional provision
                 The first statement of corporate intent for the Authority is to be
                 for the next full financial year after the commencement of this
                 section.

     57.         Negotiating statement of corporate intent
25         (1)   The Authority's board of management and the Minister are to
                 try to agree on a draft statement of corporate intent as soon as
                 possible and in any case not later than one month before the
                 start of the relevant financial year.
           (2)   The Minister must have the Treasurer's concurrence before
30               agreeing to a draft statement of corporate intent.

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     58.         Minister's powers in relation to draft statement of corporate
                 intent
           (1)   The Minister may return a draft statement of corporate intent to
                 the Authority and request that its board of management --
 5                 (a) consider or further consider any matter and deal with it
                        in the draft statement; and
                   (b) revise the draft statement in the light of its consideration
                        or further consideration.
           (2)   The Authority's board of management is to comply with a
10               request under subsection (1) as soon as is practicable.
           (3)   If the Minister has returned a draft statement of corporate intent
                 to the Authority making a request under subsection (1) and, later
                 than one month before the start of the relevant financial year,
                 the Authority's board of management and the Minister have not
15               agreed on a draft statement of corporate intent, the Minister
                 may, under section 65, direct the Authority that its board of
                 management is to --
                   (a) take specified steps in relation to the draft statement; or
                   (b) make specified modifications to the draft statement.

20   59.         Agreed statement of corporate intent
           (1)   When the Authority's board of management and the Minister
                 agree on a draft statement of corporate intent it becomes the
                 Authority's statement of corporate intent for the relevant
                 financial year or, if that year has started when agreement is
25               reached, the remainder of the year.
           (2)   The Minister must, within 14 days after agreeing to a draft
                 statement of corporate intent under subsection (1), cause the text
                 of it to be laid before each House of Parliament or dealt with
                 under section 91.




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     60.         Statement of corporate intent if not agreed
           (1)   If the Authority's board of management and the Minister have
                 not agreed on a draft statement of corporate intent before the
                 start of the relevant financial year, the latest draft statement is to
 5               be the statement of corporate intent for the Authority until a
                 draft statement of corporate intent is agreed.
           (2)   In subsection (1) --
                 "latest draft statement" means the draft statement of corporate
                      intent submitted, or last submitted, by the Authority's
10                    board of management to the Minister before the start of the
                      relevant financial year with any modifications made by the
                      board, whether before or after that time, at the direction of
                      the Minister.

     61.         Content of statement of corporate intent
15         (1)   The statement of corporate intent is to be consistent with the
                 strategic development plan under this Division.
           (2)   The statement of corporate intent is to include --
                  (a) matters as required by the regulations made under
                         section 92 with the Treasurer's concurrence; and
20                (b) any other matters that the Minister and the Authority's
                         board of management agree are to be included.

     62.         Modification of statement of corporate intent
           (1)   A statement of corporate intent may be modified by the
                 Authority's board of management with the agreement of the
25               Minister.
           (2)   The Minister cannot agree to a modification of a statement of
                 corporate intent without the Treasurer's concurrence.
           (3)   The Minister may, under section 65, direct the Authority to
                 cause its board of management to modify a statement of
30               corporate intent but only with the Treasurer's concurrence and


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                 after the Minister has consulted with the Authority's board of
                 management and taken its views into account.

     63.         Consultation
           (1)   The Authority's board of management and the Minister, at the
 5               request of either, are to consult together, either directly or
                 through appropriate representatives, in relation to any aspect of
                 the Authority's operations.
           (2)   The Authority's board of management must consult the Minister
                 before the Authority enters upon a course of action that in the
10               board's opinion --
                   (a) amounts to a major initiative; or
                   (b) is likely to be of significant public interest,
                 whether or not the course of action involves a transaction to
                 which section 13 applies.

15   64.         Minister to be kept informed
                 The Authority must --
                  (a) keep the Minister reasonably informed of the operations,
                       financial performance, and financial position of the
                       Authority, including the assets and liabilities, profits and
20                     losses, and prospects of the Authority; and
                  (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 Authority's opinion may
25                     prevent, or significantly affect, achievement of the
                       Authority's objectives and targets outlined in its
                       strategic development plan and its statement of
                       corporate intent, promptly inform the Minister of the
                       matters and its opinion in relation to them.




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     65.         Minister may give directions
           (1)   The Minister may give written directions to the Authority with
                 respect to the performance of its functions under this or any
                 other Act, either generally or in relation to a particular matter,
 5               and the Authority is to give effect to any such direction when it
                 becomes effective under section 66.
           (2)   The Minister must cause the text of any direction under
                 subsection (1) to be laid before each House of Parliament or
                 dealt with under section 91 --
10                 (a) within 14 days after the direction is given; or
                   (b) if the direction is the subject of a notice under the
                         Statutory Corporations (Liability of Directors) Act 1996
                         section 17, within 14 days after it is confirmed under
                         that section.
15         (3)   The text of a direction under subsection (1) is to be included in
                 the annual report submitted by the accountable authority of the
                 Authority under the Financial Administration and Audit
                 Act 1985 section 66.

     66.         When directions take effect
20         (1)   Subject to this section, a direction under section 65(1) becomes
                 effective on the expiry of 7 days after the Authority receives it
                 or of such longer period as the Minister may, at the request of
                 the Authority's board of management, determine.
           (2)   If the Authority's board of management asks the Minister to
25               extend the 7 day period under subsection (1), the Minister must
                 decide whether or not to agree to the request and notify the
                 Authority of that decision before the 7 day period has expired.
           (3)   If a direction is the subject of a notice under the Statutory
                 Corporations (Liability of Directors) Act 1996 section 17, it
30               does not become effective before it is confirmed under that
                 section or the expiry of any extension of time notified under
                 subsection (4).


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           (4)   Despite the Statutory Corporations (Liability of Directors)
                 Act 1996 section 17(4), the Minister may, when confirming a
                 direction under that section, extend the time for the direction to
                 become effective and notify the Authority of the extension.

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




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                                                 Financial provisions   Division 2
                                                                               s. 68



     68.         Deletion of commercially sensitive matters
           (1)   The Authority may request the Minister to delete from --
                  (a) a copy of a report under the Financial Administration
                       and Audit Act 1985 (and any accompanying document)
 5                     that is to be laid before a House of Parliament or made
                       public; or
                  (b) any other document of the Authority that is to be, or
                       might be, made public,
                 a matter that is of a commercially sensitive nature, and the
10               Minister may, despite the Financial Administration and Audit
                 Act 1985 section 69 or an obligation, however arising, to make
                 the document public, comply with the request.
           (2)   A copy of a document from which any matter has been deleted
                 under subsection (1) must --
15                 (a) contain a statement, at the place in the document where
                        the matter was deleted, detailing the reasons for the
                        deletion; and
                   (b) be accompanied by an opinion from the Auditor General
                        stating that the information deleted is commercially
20                      sensitive.

                         Division 2 -- Financial provisions
     69.         Authority's funds
                 The funds available for enabling the Authority to perform its
                 functions under this or any other Act consist of --
25                 (a) money borrowed by the Authority under section 75; and
                   (b) other money that is, under this or any other Act, lawfully
                        received by, made available to, or payable to, the
                        Authority, whether directly or through any member of
                        its staff and, if through a member of its staff, whether or
30                      not the money is for the performance of a function that a
                        written law gives directly to that member.


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     Division 2     Financial provisions
     s. 70



     70.         Western Australian Land Information Authority Account
                 Money received by the Authority is to be credited to, and
                 money paid by the Authority is to be debited to, an account
                 called the "Western Australian Land Information Authority
 5               Account" held --
                  (a)   as part of the Trust Fund constituted under the Financial
                        Administration and Audit Act 1985 section 9; or
                  (b)   with the Treasurer's approval, at a bank as defined in the
                        Financial Administration and Audit Act 1985
10                      section 3(1).

     71.         Dividends
           (1)   The Authority's board of management, as soon as is practicable
                 after the end of each financial year, is to make a
                 recommendation to the Minister as to --
15                (a)   whether the Authority should pay to the Consolidated
                        Fund a final dividend for that year; and
                  (b)   if so, the amount that should be paid.
           (2)   The Minister, with the Treasurer's concurrence --
                  (a) may accept a recommendation under subsection (1); or
20                (b) after consultation with the Authority's board of
                       management, is to direct the Authority to pay a final
                       dividend of an amount fixed in the direction.
           (3)   The Authority is to pay the dividend --
                  (a) as soon as practicable after the Minister fixes an amount
25                     under subsection (2); and
                  (b) in any case not later than --
                          (i) 6 months after the end of the financial year for
                               which the final dividend is to be paid; or
                         (ii) such other time as the Treasurer and the
30                             Authority's board of management may agree.



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                               Accountability and financial provisions       Part 5
                                                 Financial provisions   Division 2
                                                                               s. 72



           (4)   If the Authority's board of management considers that payment
                 to the Consolidated Fund of an interim dividend for a financial
                 year is justified, the board may make a recommendation to the
                 Minister as to the amount of the interim dividend that should be
 5               paid.
           (5)   The Minister, with the Treasurer's concurrence --
                  (a) may accept a recommendation under subsection (4); or
                  (b) after consultation with the Authority's board of
                       management, is to direct the Authority to pay an interim
10                     dividend of an amount fixed in the direction.
           (6)   The Authority is to pay the dividend --
                  (a) as soon as practicable after the Minister fixes an amount
                       under subsection (5); and
                  (b) in any case not later than the end of the financial year
15                     for which the interim dividend is to be paid.
           (7)   The Minister must, within 14 days after a direction is given
                 under subsection (2) or (5), cause the text of it to be laid before
                 each House of Parliament or dealt with under section 91.

     72.         Liability for duties, taxes, and other statutory imposts
20         (1)   Despite any other written law but except as stated in
                 subsection (2) --
                   (a) the Authority; and
                   (b) deeds or other instruments to which it is a party,
                 are liable to and chargeable with duties, taxes or other imposts
25               under any written law.
           (2)   Despite subsection (1) but subject to subsection (3), the
                 Authority 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
30               charge in respect of land held under a lease or tenancy
                 agreement from the Authority.

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     Part 5         Accountability and financial provisions
     Division 2     Financial provisions
     s. 73



           (4)   The Authority 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
 5               Authority would have been liable to pay in respect of 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) --
10                (a) is to be determined in accordance with such principles
                       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
15               next full financial year after the commencement of this Act.

     73.         Investment
                 Funds of the Authority that are not held as part of the Trust
                 Fund constituted under the Financial Administration and Audit
                 Act 1985 section 9 and are not being used for the performance
20               of the Authority's functions may be invested as the Authority's
                 board of management determines.

     74.         Hedging transactions
           (1)   The Authority, with the Treasurer's approval, may, for the
                 purpose of managing, limiting or reducing perceived risks or
25               anticipated costs in connection with the exercise of any power
                 conferred by section 75 --
                   (a) enter into an agreement or arrangement to effect any of
                         the following transactions --
                            (i) a foreign exchange transaction;
30                         (ii) a forward foreign exchange transaction;
                          (iii) a currency swap;

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                                                 Land Information Authority Bill 2006
                                 Accountability and financial provisions       Part 5
                                                   Financial provisions   Division 2
                                                                                 s. 75



                         (iv)     a forward currency swap;
                          (v)     a foreign currency cap, a foreign currency collar
                                  or a foreign currency floor;
                          (vi)    a forward interest rate agreement;
 5                       (vii)    an interest rate swap;
                        (viii)    a forward interest rate swap;
                          (ix)    an interest rate cap, an interest rate collar or an
                                  interest rate floor;
                          (x)     an option for interest rate or currency
10                                management purposes;
                          (xi)    a futures contract or a futures option;
                         (xii)    any other transaction that is approved in writing
                                  by the Minister, with the Treasurer's
                                  concurrence, as a transaction to which this
15                                paragraph applies or is of a class that is approved
                                  in writing by the Minister, with the Treasurer's
                                  concurrence, as a class of transactions to which
                                  this paragraph applies;
                        or
20                (b)   enter into an agreement or arrangement to effect any
                        transaction that is a combination of --
                           (i) 2 or more transactions permitted under
                                paragraph (a); or
                          (ii) one or more transactions permitted under
25                              paragraph (a) and one or more transactions
                                permitted under section 75.
           (2)   In subsection (1)(a) --
                 "interest rate" includes coupon rate, discount rate, and yield.

     75.         Borrowing
30         (1)   The Authority may, with the Treasurer's prior approval --
                  (a) borrow or re-borrow money;

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     Land Information Authority Bill 2006
     Part 5         Accountability and financial provisions
     Division 2     Financial provisions
     s. 76



                  (b)   obtain credit;
                  (c)   otherwise arrange for financial accommodation to be
                        extended to the Authority.
           (2)   The Authority is to keep any register that the regulations require
 5               for the purposes of this section.

     76.         Guarantees
           (1)   The Treasurer, on the Minister's recommendation, may, in the
                 name and on behalf of the State, guarantee the performance by
                 the Authority, in the State or elsewhere, of any financial
10               obligation of the Authority.
           (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 Fund, which this
15               subsection appropriates accordingly.
           (4)   The Treasurer is to cause any amounts received or recovered,
                 from the Authority or otherwise, in respect of any payment
                 made by the Treasurer under a guarantee to be credited to the
                 Consolidated Fund.

20   77.         Charges for guarantee
           (1)   The Treasurer may, after consultation with the Authority, fix
                 charges to be paid by the Authority to the Treasurer for the
                 benefit of the Consolidated Fund in respect of a guarantee given
                 under section 76.
25         (2)   Payments by the Authority to the Treasurer in respect of those
                 charges are required to be made at times, and in instalments, as
                 determined by the Treasurer.

     78.         Authority may extend credit
           (1)   The Authority may provide credit to any person with whom it
30               deals in the normal course of business.

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                                               Land Information Authority Bill 2006
                               Accountability and financial provisions       Part 5
                                                 Financial provisions   Division 2
                                                                               s. 79



           (2)   The credit may be secured as the Authority considers
                 appropriate or unsecured.

     79.         Notice of financial difficulty
           (1)   The Authority's board of management must notify the Minister
 5               if it forms the opinion that the Authority is unable to, or will be
                 unlikely to be able to, satisfy any of its financial obligations
                 from the financial resources available or likely to be available to
                 it at the time the financial obligation is due.
           (2)   The notice is to be in writing, giving reasons for the board's
10               opinion.
           (3)   Within 7 days of receipt of the notice, the Minister must --
                  (a) confer with the Treasurer and the Authority for the
                        purpose of determining what action is required to ensure
                        that the Authority is able to satisfy the relevant financial
15                      obligation when it is due; and
                  (b) initiate such action as is required to ensure that the
                        Authority is able to satisfy the relevant financial
                        obligation when it is due.
           (4)   For the purposes of subsection (3) the Minister may, with the
20               Treasurer's concurrence, give the Authority a direction under
                 section 65 requiring the Authority to cease or limit the
                 performance of any function.

     80.         Half-yearly reports
           (1)   In addition to the reporting requirements referred to in
25               section 81, the Authority must, for the first half of a financial
                 year, give to the Minister a report on the operations of the
                 Authority.
           (2)   A half-yearly report must be given to the Minister --
                  (a) within 2 months after the end of the reporting period; or




                                                                             page 39
     Land Information Authority Bill 2006
     Part 5         Accountability and financial provisions
     Division 3     Other provisions
     s. 81



                  (b)    if another period after the end of the reporting period is
                         agreed between the Minister and the Authority, within
                         the agreed period.
           (3)   The Authority must give a copy of each half-yearly report to the
 5               Treasurer.
           (4)   A half-yearly report must include any information that a
                 statement of corporate intent under Part 5 Division 1 requires
                 the report to include.

                           Division 3 -- Other provisions
10   81.         Application of Financial Administration and Audit Act 1985
                 The provisions of the Financial Administration and Audit
                 Act 1985 regulating the financial administration, audit and
                 reporting of statutory authorities apply to and in respect of the
                 Authority and its operations.

15   82.         Protection for disclosure or compliance with directions
           (1)   The Authority or another person performing a function under
                 this Act or any other Act is not liable --
                   (a) in respect of any claim arising as a consequence of the
                         disclosure of information or documents under
20                       section 63, 64, 67, 79, or 80 or a duty imposed by the
                         Financial Administration and Audit Act 1985; or
                   (b) for the fact of having done or omitted a thing that is
                         required to be done or omitted by a direction given
                         under this Act.
25         (2)   Subsection (1) does not extend to the manner in which any thing
                 is done or omitted if it is done or omitted contrary to the
                 Statutory Corporations (Liability of Directors) Act 1996
                 section 9 or 10.




     page 40
                                                Land Information Authority Bill 2006
                                                       Miscellaneous          Part 6
                           Protection of people dealing with Authority   Division 1
                                                                                s. 83



                             Part 6 -- Miscellaneous
           Division 1 -- Protection of people dealing with Authority
     83.         People dealing with Authority may make assumptions
           (1)   A person having dealings with the Authority is entitled to make
 5               the assumptions described in section 85.
           (2)   In any proceedings in relation to the dealings, any assertion by
                 the Authority that the matters that the person is entitled to
                 assume were not correct must be disregarded.

     84.         Third parties may make assumptions
10         (1)   A person (the "third party") having dealings with a person (the
                 "new owner") who has acquired, or purports to have acquired,
                 title to property from the Authority (whether directly or
                 indirectly) is entitled to make the assumptions described in
                 section 85.
15         (2)   In any proceedings in relation to the dealings, any assertion by
                 the Authority or the new owner that the matters that the third
                 party is entitled to assume were not correct must be disregarded.

     85.         Matters that can be assumed
                 The assumptions that a person is, because of section 83 or 84,
20               entitled to make are --
                  (a)   that, at all relevant times, this Act has been complied
                        with; and
                  (b)   that a person who is held out by the Authority to be a
                        member of the Authority's board of management, the
25                      chief executive officer, another member of staff, or an
                        agent of a particular kind --
                           (i) has been properly appointed; and
                          (ii) has authority to perform the functions
                                 customarily performed by a member of the
30                               Authority's board of management, the chief

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     Land Information Authority Bill 2006
     Part 6         Miscellaneous
     Division 1     Protection of people dealing with Authority
     s. 86



                                executive officer, another member of staff, or an
                                agent of that kind, as the case may require;
                         and
                  (c)    that a member of staff or agent of the Authority who has
 5                       authority to issue a document on behalf of the Authority
                         has authority to warrant that the document is genuine;
                         and
                  (d)    that a member of staff or agent of the Authority who has
                         authority to issue a certified copy of a document on
10                       behalf of the Authority has authority to warrant that the
                         copy is a true copy; and
                  (e)    that a document has been properly sealed by the
                         Authority if --
                            (i) it bears what appears to be an imprint of the
15                               Authority's common seal; and
                           (ii) the sealing of the document appears to comply
                                 with section 87;
                         and
                   (f)   that the members of the Authority's board of
20                       management and the Authority's chief executive officer,
                         other members of staff, and agents have properly
                         performed their duties to the Authority.

     86.         When those matters cannot be assumed
           (1)   Despite sections 83 and 84, a person is not entitled to assume a
25               matter described in section 85 if --
                  (a) the person has actual knowledge that the assumption
                         would be incorrect; or
                  (b) because of the person's connection or relationship with
                         the Authority, the person ought to know that the
30                       assumption would be incorrect.
           (2)   If, because of subsection (1), a person is not entitled to make a
                 particular assumption in relation to dealings with the Authority,


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                                              Land Information Authority Bill 2006
                                                     Miscellaneous          Part 6
                                                  Other provisions     Division 2
                                                                              s. 87



                 section 83(2) does not apply to any assertion by the Authority in
                 relation to the assumption.
           (3)   If, because of subsection (1), a person is not entitled to make a
                 particular assumption in relation to an acquisition or purported
 5               acquisition from the Authority of title to property, section 84(2)
                 does not apply to any assertion by the Authority or another
                 person in relation to the assumption.

                           Division 2 -- Other provisions
     87.         Execution of documents by Authority
10         (1)   The Authority is to have a common seal.
           (2)   A document is duly executed by the Authority if --
                  (a) the common seal of the Authority is affixed to it in
                       accordance with subsections (3) and (4); or
                  (b) it is signed on behalf of the Authority by a person or
15                     persons authorised to do so under subsection (5).
           (3)   The common seal of the Authority is not to be affixed to any
                 document except as authorised by the Authority.
           (4)   The common seal of the Authority is to be affixed to a
                 document in the presence of 2 members of the Authority's
20               board of management, each of whom is to sign the document to
                 attest that the common seal was so affixed.
           (5)   The Authority may, by writing under its common seal,
                 authorise --
                   (a) any member or members of the Authority's board of
25                       management; or
                   (b) any other member or members of staff,
                 to sign documents on behalf of the Authority, either generally or
                 subject to conditions or restrictions specified in the
                 authorisation.



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     Land Information Authority Bill 2006
     Part 6         Miscellaneous
     Division 2     Other provisions
     s. 88



           (6)   A document purporting to be executed in accordance with this
                 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
 5               the common seal of the Authority, it is to be presumed that the
                 seal is the common seal of the Authority unless the contrary is
                 shown.

     88.         Contract formalities
           (1)   In so far as the formalities of making, varying or discharging a
10               contract are concerned, a person acting as authorised by the
                 Authority may make, vary or discharge a contract in the name
                 of or on behalf of the Authority 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
15               with subsection (1) is effectual in law and binds the Authority
                 and other parties to the contract.
           (3)   Subsection (1) does not prevent the Authority from making,
                 varying or discharging a contract under its common seal.

     89.         Confidential information officially obtained
20         (1)   A person who, without lawful authority, directly or indirectly,
                 records, uses, or discloses confidential information obtained by
                 reason of any function that the person has, or at any time had, in
                 the administration of this Act commits an offence.
                 Penalty: imprisonment for 12 months and a fine of $12 000.
25         (2)   In subsection (1) --
                 "confidential information" includes information that the
                      person has a duty to keep confidential regardless of how
                      the duty of confidentiality arises.




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                                               Land Information Authority Bill 2006
                                                      Miscellaneous          Part 6
                                                   Other provisions     Division 2
                                                                               s. 90



     90.         Protection from liability for wrongdoing
           (1)   An action in tort does not lie against a person other than the
                 Authority for anything that the person has done, in good faith, in
                 the performance or purported performance of a function under
 5               this or any other Act.
           (2)   The protection given by subsection (1) applies even though the
                 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 Authority nor the State is
10               relieved of any liability that it might have for another person
                 having done anything as described in that subsection.
           (4)   In this section, a reference to the doing of anything includes a
                 reference to an omission to do anything.
           (5)   Subsection (1) has effect subject to the Statutory Corporations
15               (Liability of Directors) Act 1996.

     91.         Laying documents before House of Parliament not sitting
           (1)   If section 14(4), 43(2), 59(2), 65(2), or 71(7) requires the
                 Minister to cause the text of a document to be laid before each
                 House of Parliament, or dealt with under this section, within a
20               period and --
                   (a) at the commencement of the period, a House of
                          Parliament is not sitting; and
                   (b) the Minister is of the opinion that the House will not sit
                          during that period,
25               the Minister is to transmit a copy of the document to the Clerk
                 of that House.
           (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 to be regarded as
30               having occurred under subsection (2) is to be recorded in the


                                                                            page 45
     Land Information Authority Bill 2006
     Part 6         Miscellaneous
     Division 2     Other provisions
     s. 92



                 Minutes, or Votes and Proceedings, of the House on the first
                 sitting day of the House after the Clerk received the copy.

     92.         Regulations
           (1)   The Governor may make regulations prescribing all matters that
 5               are required or permitted by this Act to be prescribed, or are
                 necessary or convenient to be prescribed for giving effect to the
                 purposes of this Act.
           (2)   Regulations under this section may --
                  (a) provide that contravention of a regulation is an offence;
10                (b) prescribe, for an offence against the regulations, a
                        penalty not exceeding a fine of $2 000.

     93.         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 every
15               fifth anniversary of the commencement of this section and in the
                 course of each review the Minister is to consider and have
                 regard to --
                    (a) the effectiveness of the operations of the Authority; and
                   (b) the need for the continuation of the functions of the
20                       Authority; and
                    (c) any other matters that appear to the Minister to be
                         relevant to the operation and effectiveness of this Act.
           (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
25               event not more than 12 months after the relevant anniversary),
                 cause it to be laid before each House of Parliament.




     page 46
                                               Land Information Authority Bill 2006
                                                Transitional matters         Part 7
                                                               Staff    Division 1
                                                                               s. 94



                        Part 7 -- Transitional matters
                                  Division 1 -- Staff
     94.         Other staff in the former department
           (1)   On the day fixed under section 2(1) (the "commencement
 5               day") a person who, immediately before that day, was
                 employed, other than as the chief executive officer or a senior
                 executive officer, in the Department of Land Information
                 becomes a member of the Authority's staff as if employed by
                 the Authority under section 45(1).
10         (2)   Subsection (1) does not prevent the chief executive officer or a
                 senior executive officer of the Department of Land Information
                 from becoming a member of the Authority's staff.

                           Division 2 -- General matters
     95.         Terms used in this Division
15               In this Division --
                 "document" is not limited to any restricted meaning that the
                      term has in any written law, and it includes a document
                      depicting information by graphic representation;
                 "former body" means any of the bodies formerly known as the
20                    Land Titles Office, the Valuer-General's Office, the
                      Department of Lands and Surveys, the Department of Land
                      Administration, or the Department of Land Information;
                 "former office" means an office in which documents were,
                      before the day fixed under section 2(1), dealt with under
25                    the Transfer of Land Act 1893 or the Registration of Deeds
                      Act 1856.

     96.         General transitional provisions might not apply
                 A transitional provision in this Division applies to the extent
                 that a contrary intention does not appear.


                                                                            page 47
     Land Information Authority Bill 2006
     Part 7         Transitional matters
     Division 2     General matters
     s. 97



     97.       Certain references to former bodies
               A reference however expressed in a written law or other
               document to a former body may be read as including a reference
               to the Authority.

 5   98.       Certain references to department
               A reference however expressed in a written law or other
               document to the department of the Public Service principally
               assisting the Minister in the administration of the Transfer of
               Land Act 1893 may be read as including a reference to the
10             Authority.

     99.       References to things done in former offices
               A provision in a written law or other document, however
               expressed, about --
                 (a) anything being given to, or lodged or deposited at or
15                    with, a former office; or
                 (b) anything being held, registered, noted, or in any other
                      way recorded or dealt with, at a former office,
               is to be read as if the reference to the former office had been
               amended to be a reference to the Authority or its office, as the
20             case requires.

     100.      References to documents of former bodies
               A reference however expressed in a written law or other
               document to any document the description of which indicates
               that it is a document of a former body is to be read as a
25             reference to the same document even if, on the day fixed under
               section 2(1), it becomes a document of the Authority.




     page 48
                                           Land Information Authority Bill 2006
                                             Transitional matters        Part 7
                                    Regulations for other matters   Division 3
                                                                         s. 101



               Division 3 -- Regulations for other matters
     101.    Transitional regulations
       (1)   If there is no sufficient provision in this Act for dealing with a
             transitional matter, regulations under this Act may prescribe all
 5           matters that are required or necessary or convenient to be
             prescribed for dealing with the matter.
       (2)   In subsection (1) --
             "transitional matter" means a matter that needs to be dealt
                  with for the transition required because of this Act.
10     (3)   Regulations under subsection (1) may provide that specified
             provisions of a written law do not apply, or apply with specified
             modifications, to or in relation to any matter.
       (4)   Even if regulations under subsection (1) provide that a specified
             state of affairs is to be taken to have existed, or not to have
15           existed, before the day on which the regulations are published in
             the Gazette but not before the commencement day, the
             regulations have effect according to their terms.
       (5)   In subsections (3) and (4) --
             "specified" means specified or described in the regulations.
20     (6)   If regulations contain a provision referred to in subsection (4),
             the provision does not --
               (a) affect, in a manner prejudicial to any person (other than
                     the State, an authority of the State, or a local
                     government), rights that the person had before the
25                   regulations were published in the Gazette; or
               (b) impose liabilities on any person (other than the State, an
                     authority of the State, or a local government) in respect
                     of anything done or omitted to be done before the
                     regulations were published in the Gazette.




                                                                        page 49
     Land Information Authority Bill 2006
     Part 8         Other Acts amended
     Division 1     Transfer of Land Act 1893 and related provisions
     s. 102



                        Part 8 -- Other Acts amended
      Division 1 -- Transfer of Land Act 1893 and related provisions
     102.        The Act amended
                 The amendments in this Division are to the Transfer of Land
 5               Act 1893* unless otherwise stated.
                 [* Reprint 7 as at 6 May 2005.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2005, Table 1, p. 464 and
                    Act No. 38 of 2005.]

10   103.        Section 4 amended
                 Section 4(1) is amended as follows:
                   (a) by deleting the definitions of "Department", "Examiner
                        of Titles", and "Minister";
                  (b) by inserting in their appropriate alphabetical
15                      positions --
                 "
                       "Authority" means the Western Australian Land
                          Information Authority established by the Land
                          Information Authority Act 2006 section 5;
20                     "Examiner of Titles" means a person who is an
                          Examiner of Titles under section 8(1);
                                                                               ".

     104.        Section 5 replaced
         (1)     Section 5 is repealed and the following section is inserted
25               instead --
     "
            5.         Commissioner of Titles
                 (1)   The Governor may designate a person to be the
                       Commissioner of Titles under this Act.

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                                                  Other Acts amended           Part 8
                       Transfer of Land Act 1893 and related provisions   Division 1
                                                                               s. 105



                 (2)     A person cannot be the Commissioner of Titles
                         unless --
                           (a) the person is a member of the Authority's staff;
                                and
 5                        (b) the person is a legal practitioner (as defined in
                                the Legal Practice Act 2003), or a barrister or
                                solicitor of the Supreme Court of another State
                                or a Territory, of not less than 7 years' standing
                                and practice.
10               (3)     When the Land Information Authority Act 2006
                         section 104(1) comes into operation the person who,
                         immediately before then, is the Commissioner of Titles
                         becomes the Commissioner of Titles as if designated
                         under subsection (1) for the balance of the person's
15                       term of office.
                                                                                     ".

     105.        Section 6 amended
       (1)       Section 6(1), (1a), (2), and (3) are repealed and the following
                 subsections are inserted instead --
20           "
                 (1)     The Governor may designate a person, or each of 2 or
                         more persons, to be a Deputy Commissioner of Titles
                         under this Act.
                 (2)     A person cannot be a Deputy Commissioner of Titles
25                       unless --
                           (a) the person is a member of the Authority's staff;
                                and
                          (b) the person is a legal practitioner (as defined in
                                the Legal Practice Act 2003), or a barrister or
30                              solicitor of the Supreme Court of another State
                                or a Territory, of not less than 5 years'
                                standing.



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     Land Information Authority Bill 2006
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     Division 1     Transfer of Land Act 1893 and related provisions
     s. 105



               (2a)     When the Land Information Authority Act 2006
                        section 105(1) comes into operation a person who,
                        immediately before then, is a Deputy Commissioner of
                        Titles becomes a Deputy Commissioner of Titles as if
 5                      designated under subsection (1) for the balance of the
                        person's term of office.
                (3)     When and as often as the Commissioner is
                        incapacitated by illness, absence or other sufficient
                        cause from performing the duties of the Commissioner,
10                      a Deputy Commissioner nominated in writing by the
                        Commissioner is to act as, and in the place of, the
                        Commissioner during the Commissioner's incapacity.
               (3a)     When there is no Commissioner, a Deputy
                        Commissioner nominated in writing by the former
15                      Commissioner before ceasing to be the Commissioner
                        is to act as, and in the place of, the Commissioner.
               (3b)     If, in a circumstance described in subsection (3) or
                        (3a), there is no Deputy Commissioner who has been
                        nominated as described in that subsection and is able to
20                      act, a Deputy Commissioner nominated in writing by
                        the Minister, is to act as, and in the place of, the
                        Commissioner.
                                                                                   ".
        (2)     Section 6(4) is amended by deleting "subsection (5)" and
25              inserting instead --
                "     section 15   ".
        (3)     Section 6(5) and (6) are repealed.




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                                                    Other Acts amended           Part 8
                         Transfer of Land Act 1893 and related provisions   Division 1
                                                                                 s. 106



     106.          Section 7 replaced
                   Section 7 is repealed and the following section is inserted
                   instead --
     "
 5          7.             Registrar of Titles
                   (1)     The Governor may designate a person to be the
                           Registrar of Titles under this Act.
                   (2)     A person cannot be the Registrar of Titles unless the
                           person is a member of the Authority's staff.
10                 (3)     When the Land Information Authority Act 2006
                           section 106 comes into operation the person who,
                           immediately before then, is the Registrar of Titles
                           becomes the Registrar of Titles as if designated under
                           subsection (1).
15                                                                                   ".

     107.          Section 7A amended
         (1)       Section 7A(1) is repealed and the following subsection is
                   inserted instead --
               "
20                 (1)     A person qualified to be the Commissioner of Titles
                           may be, and may perform the functions of, both the
                           Commissioner of Titles and the Registrar of Titles.
                                                                                     ".
         (2)       Section 7A(2) is amended by deleting "appointed to both offices
25                 under this section" and inserting instead --
                   "
                           who is both the Registrar of Titles and the
                           Commissioner of Titles
                                                                                     ".




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     Part 8         Other Acts amended
     Division 1     Transfer of Land Act 1893 and related provisions
     s. 108



     108.        Section 8 replaced
                 Section 8 is repealed and the following section is inserted
                 instead --
     "
 5          8.         Other designations
                 (1)   The Governor may designate a person, or each of 2 or
                       more persons, to be an Examiner of Titles under this
                       Act.
                 (2)   The Governor may designate a person, or each of 2 or
10                     more persons, to be an Assistant Registrar of Titles
                       under this Act.
                 (3)   A person cannot be an Examiner of Titles or an
                       Assistant Registrar of Titles unless the person is a
                       member of the Authority's staff.
15               (4)   A person cannot be an Examiner of Titles unless the
                       person is a legal practitioner (as defined in the Legal
                       Practice Act 2003), or a barrister or solicitor of the
                       Supreme Court of another State or a Territory.
                 (5)   When the Land Information Authority Act 2006
20                     section 108 comes into operation a person who,
                       immediately before then, is an Assistant Registrar of
                       Titles becomes an Assistant Registrar of Titles as if
                       designated under subsection (2).
                                                                                 ".

25   109.        Section 8A inserted
                 After section 8 the following section is inserted --
     "
            8A.        Designating statutory officers, generally
                 (1)   This section applies to --
30                      (a) the designation of a person under section 5 to
                               be the Commissioner of Titles; and

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                                            Land Information Authority Bill 2006
                                             Other Acts amended           Part 8
                  Transfer of Land Act 1893 and related provisions   Division 1
                                                                          s. 110



                     (b)    the designation of a person under section 6 to
                            be a Deputy Commissioner of Titles; and
                      (c)   the designation of a person under section 7 to
                            be the Registrar of Titles; and
 5                   (d)    the designation of a person under section 8(1)
                            to be an Examiner of Titles; and
                      (e)   the designation of a person under section 8(2)
                            to be an Assistant Registrar of Titles.
            (2)     The power to designate a person includes --
10                   (a) the power to revoke a designation previously
                          made under that power; and
                     (b) the power to designate a person to perform
                          functions of another person who has that
                          designation when it is impractical for that other
15                        person to perform the functions.
                                                                               ".

     110.   Section 11 amended
            Section 11 is amended by inserting before the full stop at the
            end of the section --
20          "
                    , except that an Assistant Registrar cannot exercise the
                    power of delegation given to the Registrar by
                    section 15A
                                                                               ".

25   111.   Section 13 amended
            Section 13 is amended as follows:
              (a) by deleting "to be hereafter appointed";
             (b) by deleting "of the duties of his office" and inserting
                   instead --
30                 " duties as the Registrar or an Assistant Registrar ";
              (c) by deleting "office and".

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     Land Information Authority Bill 2006
     Part 8         Other Acts amended
     Division 1     Transfer of Land Act 1893 and related provisions
     s. 112



     112.         Sections 15 and 15A inserted
                  After section 14 the following sections are inserted --
     "
            15.         Delegation by Commissioner
 5                (1)   The Commissioner may delegate any power or duty of
                        the Commissioner under another provision of this Act
                        to --
                          (a) a Deputy Commissioner;
                          (b) an Examiner of Titles;
10                        (c) any other member of the Authority's staff who
                               is a legal practitioner (as defined in the Legal
                               Practice Act 2003) or a barrister or solicitor of
                               the Supreme Court of another State or a
                               Territory.
15                (2)   The delegation must be in writing signed by the
                        Commissioner.
                  (3)   A person to whom a power or duty is delegated under
                        this section cannot delegate that power or duty.
                  (4)   A person exercising or performing a power or duty that
20                      has been delegated to the person under this section is to
                        be taken to do so in accordance with the terms of the
                        delegation unless the contrary is shown.
                  (5)   Nothing in this section limits the ability of the
                        Commissioner to perform a function through an officer
25                      or agent.
                  (6)   A delegation to a Deputy Commissioner that the
                        Commissioner made before the repeal effected by the
                        Land Information Authority Act 2006 section 105(3)
                        becomes, when section 112 of that Act inserts this
30                      section, of the same effect as if the Commissioner had
                        made the delegation under this section.


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                                                  Land Information Authority Bill 2006
                                                   Other Acts amended           Part 8
                        Transfer of Land Act 1893 and related provisions   Division 1
                                                                                s. 113



            15A.          Delegation by Registrar
                  (1)     The Registrar may delegate any power or duty of the
                          Registrar under another provision of this Act to a
                          member of the Authority's staff.
 5                (2)     The delegation must be in writing signed by the
                          Registrar.
                  (3)     A person to whom a power or duty is delegated under
                          this section cannot delegate that power or duty.
                  (4)     A person exercising or performing a power or duty that
10                        has been delegated to the person under this section is to
                          be taken to do so in accordance with the terms of the
                          delegation unless the contrary is shown.
                  (5)     Nothing in this section limits the ability of the
                          Registrar to perform a function through an officer or
15                        agent.
                                                                                      ".
     113.         Section 181 amended
       (1)        Section 181(1) is amended by deleting "The Commissioner
                  may, with the approval of the Governor make regulations" and
20                inserting instead --
                  "     The Governor may make regulations       ";
       (2)        After section 181(1) the following subsection is inserted --
             "
                 (1a)     On the coming into operation of the Land Information
25                        Authority Act 2006 section 113(1) (the
                          "commencement"), regulations made by the
                          Commissioner under subsection (1) before the
                          commencement become of the same effect as if they
                          were made by the Governor under subsection (1) as
30                        amended by the Land Information Authority Act 2006
                          section 113(1).
                                                                                      ".

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     Land Information Authority Bill 2006
     Part 8         Other Acts amended
     Division 1     Transfer of Land Act 1893 and related provisions
     s. 114



         (3)        After section 181(2) the following subsection is inserted --
               "
                   (2a)   Subsection (1a) does not prevent the Governor from
                          amending regulations to which that subsection applies.
 5                                                                                     ".
     114.           Section 188 amended
                    Section 188(iv) is amended by deleting "or registered in the
                    Department" and inserting instead --
                    " the Authority or registered in its office    ".

10   115.           Section 190 replaced
                    Section 190 is repealed and the following section is inserted
                    instead --
     "
            190.          Money received by Registrar
15                        The Registrar is to pay to the Authority any money
                          paid to the Registrar under this Act.
                                                                                       ".
     116.           Section 239 amended
                    Section 239(1) is amended as follows:
20                    (a) by deleting the full stop at the end of paragraph (j) and
                           inserting instead a semicolon;
                     (b) by inserting after paragraph (j) the following
                           paragraph --
                          "
25                            (k)   any other document or information that is
                                    derived from records and dealings in relation to
                                    land under the operation of this Act and is
                                    prescribed for the purposes of this subsection
                                    by the regulations.
30                                                                                     ".


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                                                 Other Acts amended           Part 8
                      Transfer of Land Act 1893 and related provisions   Division 1
                                                                              s. 117



     117.      Section 239A repealed
               Section 239A is repealed.
     118.      Various references to department amended
       (1)     The Act is amended by deleting "Department" in each place
 5             listed in the Table to this section and inserting instead --
               "      Authority     ".
                                              Table
             s. 63A(2)(b)                        s. 178(4)
             s. 78                               s. 181(1)(b), (ba), and (bb)
             s. 105A(2)(a)                       s. 189
             s 149                               s. 240(3)(b)
             s. 150                              Third Schedule
       (2)     The Act is amended by deleting "Department's" in each place
               listed in the Table to this section and inserting instead --
10             "      Authority's        ".
                                              Table
             s. 23                               s. 172(3)
             s. 162                              s. 175
     119.      Certain references in other Acts to plans and diagrams
               amended
       (1)     Other Acts are amended by deleting "Department within the
15             meaning of the Transfer of Land Act 1893 Plan" in each place
               indicated in the Table to this section and inserting instead --
               "      Land Titles Office Plan     ".
                                              Table
             Builders' Registration Act 1939 Schedule
             Painters' Registration Act 1961 Schedule
             Western Australian Land Authority Act 1992 Schedule 2

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     Division 1     Transfer of Land Act 1893 and related provisions
     s. 120



        (2)     Other Acts are amended by deleting "Department within the
                meaning of the Transfer of Land Act 1893 Diagram" in each
                place indicated in the Table to this section and inserting
                instead --
 5              "   Land Titles Office Diagram    ".
                                         Table
              Builders' Registration Act 1939 Schedule
              Painters' Registration Act 1961 Schedule
              Western Australian Land Authority Act 1992 Schedule 2

     120.       Administration Act 1903 amended
        (1)     The amendments in this section are to the Administration
                Act 1903*.
10              [* Reprinted as at 1 July 1999.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2005, Table 1, p. 6.]
        (2)     Section 19(2) is amended by deleting "the Registrar of Deeds or
                Registrar of Titles, as the case may be" and inserting instead --
15              "
                      the Western Australian Land Information
                      Authority established by the Land Information
                      Authority Act 2006 section 5
                                                                                ".

20   121.       Agriculture and Related Resources Protection Act 1976
                amended
        (1)     The amendments in this section are to the Agriculture and
                Related Resources Protection Act 1976*.
                [* Reprinted as at 15 October 1999.
25                 For subsequent amendments see Western Australian
                   Legislation Information Tables for 2005, Table 1, p. 13-14
                   and Act No. 6 of 2006.]


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                                           Land Information Authority Bill 2006
                                            Other Acts amended           Part 8
                 Transfer of Land Act 1893 and related provisions   Division 1
                                                                         s. 122



       (2)   Section 92(4)(b) is amended by deleting "the Department within
             the meaning of the Transfer of Land Act 1893, the Department
             of Lands and Surveys, the Department of Mines, or the Register
             of Deeds, as the case may be" and inserting instead --
 5           "   a register or other records referred to in section 94(1)(b)    ".
       (3)   Section 94(1)(b) is amended as follows:
              (a) in subparagraph (i), by deleting "or Deputy";
              (b) by deleting subparagraph (iii) and inserting instead --
                         "
10                           (iii)   the chief executive officer of the
                                     department principally assisting in the
                                     administration of the Land
                                     Administration Act 1997 that a person is
                                     registered in that department as the
15                                   owner or occupier of land;
                           (iiia)    the chief executive officer of the
                                     department principally assisting in the
                                     administration of the Mining Act 1978
                                     that a person is registered in that
20                                   department as the owner or occupier of
                                     land;
                                                                                ".

     122.    Anglican Church of Australia (Diocese of North West
             Australia) Act 1961 amended
25     (1)   The amendments in this section are to the Anglican Church of
             Australia (Diocese of North West Australia) Act 1961*.
             [* Reprinted as at 3 May 2002.]




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     Land Information Authority Bill 2006
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     Division 1     Transfer of Land Act 1893 and related provisions
     s. 123



        (2)    Section 5(3) is amended by deleting "in the Office of Titles, the
               office of the Registrar of Deeds or the Department of Lands and
               Surveys" and inserting instead --
               "
 5                  under the Transfer of Land Act 1893 or the
                    Registration of Deeds Act 1856
                                                                              ".

     123.      Anglican Church of Australia Diocesan Trustees and Lands
               Act 1918 amended
10      (1)    The amendments in this section are to the Anglican Church of
               Australia Diocesan Trustees and Lands Act 1918*.
               [* Reprinted as at 3 May 2002.]
        (2)    Section 11 is amended by deleting "in the Office of Titles, the
               office of the Registrar of Deeds, and in the Department of Lands
15             and Surveys" and inserting instead --
               "
                    under the Transfer of Land Act 1893 and the
                    Registration of Deeds Act 1856
                                                                              ".

20   124.      Anglican Church of Australia Lands Act 1914 amended
        (1)    The amendments in this section are to the Anglican Church of
               Australia Lands Act 1914*.
               [* Reprinted as at 3 May 2002.]
        (2)    Section 5 is amended by deleting "in the Department within the
25             meaning of the Transfer of Land Act 1893." and inserting
               instead --
               "
                    with the Western Australian Land Information
                    Authority established by the Land Information
30                  Authority Act 2006 section 5.
                                                                              ".

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                                          Land Information Authority Bill 2006
                                           Other Acts amended           Part 8
                Transfer of Land Act 1893 and related provisions   Division 1
                                                                        s. 125



     125.    Argentine Ant Act 1968 amended
       (1)   The amendments in this section are to the Argentine Ant
             Act 1968*.
             [* Reprinted as at 5 April 2002.
 5              For subsequent amendments see Western Australian
                Legislation Information Tables for 2005, Table 1, p. 25.]
       (2)   Section 15(1) is amended as follows:
               (a) in paragraph (b)(ii), by deleting "or Deputy";
              (b) by deleting all of the subsection after "or" after
10                  paragraph (b)(ii) and inserting instead --
                  "
                           (iii)   a certificate signed by the chief
                                   executive officer of the department
                                   principally assisting in the
15                                 administration of the Land
                                   Administration Act 1997 or of the
                                   department principally assisting in the
                                   administration of the Mining Act 1978
                                   that a person is registered in the
20                                 department as the lessee or occupier of
                                   premises,
                  is, until the contrary is proved, evidence that the person
                  is the owner, lessee or occupier, as the case may be, of
                  the premises.
25                                                                             ".

     126.    Bush Fires Act 1954 amended
       (1)   The amendments in this section are to the Bush Fires Act 1954*.
             [* Reprint 7 as at 3 March 2006 .]




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     Land Information Authority Bill 2006
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     Division 1     Transfer of Land Act 1893 and related provisions
     s. 126



        (2)    Section 66(1) is amended as follows:
                 (a) by deleting paragraph (b)(iii) and inserting instead --
                          "
                              (iii)   a certificate signed by the chief
 5                                    executive officer of the department
                                      principally assisting in the
                                      administration of the Land
                                      Administration Act 1997 that a person is
                                      registered in that department as the
10                                    owner, lessee, or occupier of land; or
                              (iv)    a certificate signed by the chief
                                      executive officer of the department
                                      principally assisting in the
                                      administration of the Mining Act 1978
15                                    that a person is registered in that
                                      department as the lessee or occupier of
                                      land or the holder of a concession or
                                      permit; or
                               (v)    a certificate signed by the chief
20                                    executive officer of the department
                                      principally assisting in the
                                      administration of the Conservation and
                                      Land Management Act 1984 that a
                                      person is registered in that department
25                                    as the lessee or occupier of land or the
                                      holder of a timber lease, concession or
                                      permit,
                                                                                 ";
                (b)   in paragraph (b), by inserting after subparagraph (i) --
30                    " or ";




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                   Transfer of Land Act 1893 and related provisions   Division 1
                                                                           s. 127



                 (c)    by deleting "the owner, lessee or occupier, as the case
                        may be, of the land." and inserting instead --
             "
                       , as the case requires, the owner, lessee, or occupier of
 5                     the land or the holder of the timber lease, concession or
                       permit.
                                                                                   ".

     127.    City of Perth (Leederville Park Lands) Act 1950 amended
       (1)   The amendments in this section are to the City of Perth
10           (Leederville Park Lands) Act 1950*.
             [* Act No. 43 of 1950 .
                For subsequent amendments see Western Australian
                Legislation Information Tables for 2005, Table 1, p. 63.]
       (2)   Section 2 is amended by deleting "in the Department within the
15           meaning of the Transfer of Land Act 1893" and inserting
             instead --
             "    under the Transfer of Land Act 1893 ".

     128.    Control of Vehicles (Off-road Areas) Act 1978 amended
       (1)   The amendments in this section are to the Control of Vehicles
20           (Off-road Areas) Act 1978*.
             [* Reprint 3 as at 17 February 2006.
                For subsequent amendments see Act No. 38 of 2005.]
       (2)   Section 19(1)(a)(i) is amended by deleting "Lands and Surveys
             Department" and inserting instead --
25                              "
                                      Western Australian Land Information
                                      Authority established by the Land
                                      Information Authority Act 2006
                                      section 5
30                                                                                 ".


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     Land Information Authority Bill 2006
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     Division 1     Transfer of Land Act 1893 and related provisions
     s. 129



     129.      Country Areas Water Supply Act 1947 amended
        (1)    The amendments in this section are to the Country Areas Water
               Supply Act 1947*.
               [* Reprint 7 as at 7 April 2006.]
 5      (2)    Section 85(1) is amended by deleting "Department within the
               meaning of the Transfer of Land Act 1893 or the Registry of
               Deeds or in the Department of Mines" and inserting instead --
               "
                     records of the Western Australian Land Information
10                   Authority established by the Land Information
                     Authority Act 2006 section 5 or of the department
                     principally assisting in the administration of the Mining
                     Act 1978
                                                                                 ".
15      (3)    Section 90(1)(b) and (c) are each amended by deleting "in the
               Office of the Registrar of Deeds" and inserting instead --
               "   registered under the Registration of Deeds Act 1856    ".
        (4)    Section 102 is amended as follows:
                 (a) in subsection (3), by deleting "of the Office of the
20                    Registrar of Deeds" and inserting instead --
                      " under the Registration of Deeds Act 1856 ";
                (b) in subsection (4), by deleting "in the Department within
                      the meaning of the Transfer of Land Act 1893 or the
                      Office of the Registrar of Deeds." and inserting
25                    instead --
                      " as referred to in subsection (3). ".
        (5)    Section 120(1)(b) is amended as follows:
                 (a) in subparagraph (i), by deleting "or deputy";
                (b) in subparagraph (ii), by deleting "or his deputy";




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                                              Other Acts amended           Part 8
                   Transfer of Land Act 1893 and related provisions   Division 1
                                                                           s. 130



                 (c)   by deleting subparagraphs (iii) and (iv) and "or" after
                       each of them and inserting instead --
                           "
                               (iii)   the chief executive officer of the
 5                                     department principally assisting in the
                                       administration of the Land
                                       Administration Act 1997 that any person
                                       is registered in that department as the
                                       owner, occupier or lessee of any land; or
10                             (iv)    the chief executive officer of the
                                       department principally assisting in the
                                       administration of the Mining Act 1978
                                       that any person is registered in that
                                       department as the lessee or holder of
15                                     any mining lease or other mining
                                       tenement; or
                                                                                   ".

     130.    Country Housing Act 1998 amended
       (1)   The amendments in this section are to the Country Housing
20           Act 1998*.
             [* Reprinted as at 13 December 2002.
                For subsequent amendments see Western Australian
                Legislation Information Tables for 2005, Table 1, p. 100 and
                Act No. 38 of 2005.]
25     (2)   Schedule 2 clause 8(1) is amended by deleting "Land Act 1933"
             and inserting instead --
             "    Land Administration Act 1997        ".




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     s. 131



     131.      Country Towns Sewerage Act 1948 amended
        (1)    The amendments in this section are to the Country Towns
               Sewerage Act 1948*.
               [* Reprinted as at 9 November 2001.
 5                For subsequent amendments see Western Australian
                  Legislation Information Tables for 2005, Table 1, p. 102.]
        (2)    Section 84(1)(b) and (c) are each amended by deleting "in the
               Office of the Registrar of Deeds" and inserting instead --
               "    registered under the Registration of Deeds Act 1856       ".
10      (3)    Section 96 is amended as follows:
                   (a)   in subsection (3), by deleting "of the Office of the
                         Registrar of Deeds" and inserting instead --
                         " under the Registration of Deeds Act 1856 ";
                   (b)   in subsection (4), by deleting "in the Department within
15                       the meaning of the Transfer of Land Act 1893 or the
                         Office of the Registrar of Deeds." and inserting
                         instead --
                         " as referred to in subsection (3). ".
        (4)    Section 118(1)(b) is amended as follows:
20               (a) in subparagraph (i), by deleting "or deputy";
                (b) in subparagraph (ii), by deleting "or his deputy,";
                 (c) by deleting subparagraphs (iii) and (iv) and "or" after
                      each of them and inserting instead --
                             "
25                               (iii)   the chief executive officer of the
                                         department principally assisting in the
                                         administration of the Land
                                         Administration Act 1997 that any person
                                         is registered in that department as the
30                                       owner, occupier or lessee of any land; or



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                                                                        s. 132



                           (iv)   the chief executive officer of the
                                  department principally assisting in the
                                  administration of the Mining Act 1978
                                  that any person is registered in that
 5                                department as the lessee or holder of
                                  any mining lease or other mining
                                  tenement; or
                                                                             ".

     132.    Dog Act 1976 amended
10     (1)   The amendments in this section are to the Dog Act 1976*.
             [* Reprinted as at 9 November 2001.
                For subsequent amendments see Western Australian
                Legislation Information Tables for 2005, Table 1, p. 129 and
                Act No. 38 of 2005.]
15     (2)   Section 3(1) is amended in the definition of "townsite" by
             deleting "the Department within the meaning of the Transfer of
             Land Act 1893 or the Department within the meaning of the
             Land Act 1933;" and inserting instead --
                "
20                     the Western Australian Land Information
                       Authority established by the Land Information
                       Authority Act 2006 section 5 or with the
                       department principally assisting in the
                       administration of the Land Administration
25                     Act 1997;
                                                                             ".

     133.    Evidence Act 1906 amended
       (1)   The amendments in this section are to the Evidence Act 1906*.
             [* Reprint 13 as at 1 July 2005.
30              For subsequent amendments see Western Australian
                Legislation Information Tables for 2005, Table 1, p. 153 and
                Act No. 34 of 2004.]

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        (2)    The Fifth Schedule is amended by deleting in each column the
               entry for the item that refers to "The Lands and Surveys
               Department" and inserting instead --
               "
               The department                       The Minister
               principally assisting                responsible for the
               in the administration                administration of that
               of the Land                          Act, the chief
               Administration                       executive officer of
               Act 1997                             that department, or
                                                    the Surveyor General
 5                                                                            ".

     134.      Geraldton Foreshore and Marina Development Act 1990
               amended
        (1)    The amendments in this section are to the Geraldton Foreshore
               and Marina Development Act 1990*.
10             [* Reprinted as at 8 December 2000.]
        (2)    Section 3(2) is amended by deleting "by the Graphic Bank
               Crown Surveys within the Department of Land Administration."
               and inserting instead --
               "
15                  by the Western Australian Land Information
                    Authority established by the Land Information
                    Authority Act 2006 section 5.
                                                                              ".

     135.      Health Act 1911 amended
20      (1)    The amendments in this section are to the Health Act 1911*.
               [* Reprint 13 as at 15 July 2005.
                  For subsequent amendments see Act No. 34 of 2004.]




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                 Transfer of Land Act 1893 and related provisions   Division 1
                                                                         s. 136



       (2)   Section 372 is amended by deleting "department within the
             meaning of the Transfer of Land Act 1893 or Registry of Deeds,
             as the case may require" and inserting instead --
             "
 5                 records of the Western Australian Land Information
                   Authority established by the Land Information
                   Authority Act 2006 section 5
                                                                               ".
       (3)   Section 375 is amended by deleting "Department within the
10           meaning of the Transfer of Land Act 1893 and Registry of
             Deeds, or any office of the Department of Lands and Surveys,
             or of the Department of Mines" and inserting instead --
             "
                   records of the Western Australian Land Information
15                 Authority established by the Land Information
                   Authority Act 2006 section 5, of the department
                   principally assisting in the administration of the Land
                   Administration Act 1997, or of the department
                   principally assisting in the administration of the Mining
20                 Act 1978
                                                                               ".

     136.    Heritage of Western Australia Act 1990 amended
       (1)   The amendments in this section are to the Heritage of Western
             Australia Act 1990*.
25           [* Reprinted as at 1 June 2001.
                For subsequent amendments see Western Australian
                Legislation Information Tables for 2005, Table 1, p. 207 and
                Act No. 38 of 2005.]




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        (2)    The Act is amended by deleting "Executive Director of the
               Department of Land Administration" in each place listed in the
               Table to this section and inserting instead --
               "
 5                     chief executive officer of the department principally
                       assisting in the administration of the Land
                       Administration Act 1997
                                                                                ".
                                          Table
                   s. 29(6)                   s. 59(13)
                   s. 44(2)(b)                s. 80(4)
                   s. 56(1)
10

     137.      Housing Act 1980 amended
        (1)    The amendments in this section are to the Housing Act 1980*.
               [* Reprinted as at 27 May 1999.
                  For subsequent amendments see Western Australian
15                Legislation Information Tables for 2005, Table 1, p. 214 and
                  Act No. 38 of 2005.]
        (2)    Section 24(2) is amended by deleting "Department within the
               meaning" and inserting instead --
               "    Authority as defined in section 4(1)   ".

20   138.      Kalgoorlie and Boulder Racing Clubs Act 1904 amended
        (1)    The amendment in this section is to the Kalgoorlie and Boulder
               Racing Clubs Act 1904*.
               [* Reprint 1 as at 7 May 2004.
                  For subsequent amendments see Western Australian
25                Legislation Information Tables for 2004, Table 1, p. 239.]
        (2)    Section 2 is amended in the definition of "Minister for Lands"
               by deleting "and the Department of Lands and Surveys".

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                 Transfer of Land Act 1893 and related provisions   Division 1
                                                                         s. 139



     139.    Land Administration Act 1997 amended
       (1)   The amendments in this section are to the Land Administration
             Act 1997*.
             [* Reprint 2 as at 24 June 2005.
 5              For subsequent amendments see Western Australian
                Legislation Information Tables for 2003, Table 1, p. 242 and
                Acts Nos. 18 and 38 of 2005.]
       (2)   Section 3(1) is amended in the definition of ""Registrar" or
             "Registrar of Titles"" by deleting "appointed under" and
10           inserting instead --
             "   referred to in   ".
     140.    Land Boundaries Act 1841 amended
       (1)   The amendments in this section are to the Land Boundaries
             Act 1841*.
15           [* Reprinted as at 22 November 2002.
                For subsequent amendments see Western Australian
                Legislation Information Tables for 2005, Table 1, p. 243.]
       (2)   Section 5 is amended by deleting "the Department within the
             meaning of the Land Administration Act 1997" and inserting
20           instead --
             "
                   the Western Australian Land Information Authority
                   established by the Land Information Authority
                   Act 2006 section 5
25                                                                           ".
     141.    Land Drainage Act 1925 amended
       (1)   The amendments in this section are to the Land Drainage
             Act 1925*.
             [* Reprint 3 as at 21 March 2003.
30              For subsequent amendments see Western Australian
                Legislation Information Tables for 2005, Table 1, p. 244.]

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        (2)    Section 173(1)(b) is amended as follows:
                 (a) in subparagraph (ii) --
                         (i) by deleting "or deputy"; and
                        (ii) by deleting "Department within the meaning of
 5                           the Transfer of Land Act 1893" and inserting
                             instead --
                               "
                                      records of the Western
                                      Australian Land Information
10                                    Authority established by the
                                      Land Information Authority
                                      Act 2006 section 5
                                                                                ";
                (b)   by deleting subparagraph (iii) and inserting instead --
15                        "
                              (iii)   the chief executive officer of the
                                      department principally assisting in the
                                      administration of the Land
                                      Administration Act 1997, or of the
20                                    department principally assisting in the
                                      administration of the Mining Act 1978,
                                      that any person is registered in the
                                      relevant department as the owner,
                                      lessee, or occupier of any land,
25                                                                              ".

     142.      Land Tax Assessment Act 2002 amended
        (1)    The amendments in this section are to the Land Tax Assessment
               Act 2002*.
               [* Act No. 52 of 2002.
30                For subsequent amendments see Western Australian
                  Legislation Information Tables for 2005, Table 1, p. 245 and
                  Act No. 38 of 2005.]



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     (2)   The Glossary is amended in clause 1 in the definition of
           "registered" by deleting "Department within the meaning of the
           Transfer of Land Act 1893, the Registry of Deeds" and inserting
           instead --
 5             "
                       Western Australian Land Information Authority
                       established by the Land Information Authority Act 2006
                       section 5
                                                                                ".
10   (3)   The Glossary is amended in clause 2 as follows:
            (a) in subclause (1)(a), by deleting "publicly exhibited in
                  the public office of the Department of Land
                  Administration, or deposited in the Department within
                  the meaning of the Transfer of Land Act 1893 or
15                Registry of Deeds" and inserting instead --
                   "
                          deposited with the Western Australian Land
                          Information Authority established by the Land
                          Information Authority Act 2006 section 5
20                                                                              ";
            (b)    in subclause (2)(e), by deleting "in the Department of
                   Land Administration, or the Department within the
                   meaning of the Transfer of Land Act 1893 or Registry of
                   Deeds;" and inserting instead --
25                 "
                          with the Western Australian Land Information
                          Authority established by the Land Information
                          Authority Act 2006 section 5;
                                                                                ".




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     143.      Licensed Surveyors Act 1909 amended
        (1)    The amendments in this section are to the Licensed Surveyors
               Act 1909*.
               [* Reprinted as at 22 November 2002.
 5                For subsequent amendments see Western Australian
                  Legislation Information Tables for 2005, Table 1, p. 253.]
        (2)    Section 3(1) is amended in the definition of "Authorised
               Survey", in paragraph (d), by deleting "for acceptance or
               adoption by that department" and inserting instead --
10                       "
                               or the Western Australian Land Information
                               Authority established by the Land
                               Information Authority Act 2006 section 5 for
                               acceptance or adoption
15                                                                             ".
        (3)    Section 18 is amended by inserting after "department" --
               "
                    or the Western Australian Land Information
                    Authority established by the Land Information
20                  Authority Act 2006 section 5
                                                                               ".

     144.      Local Government Act 1995 amended
        (1)    The amendments in this section are to the Local Government
               Act 1995*.
25             [* Reprint 3 as at 5 August 2005.
                  For subsequent amendments see Western Australian
                  Legislation Information Tables for 2005, Table 1, p. 267 and
                  Act No.38 of 2005.]
        (2)    Section 9.41(1)(b) is amended by deleting "or Deputy".




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                                                                           s. 145



       (3)   Section 9.69 is amended as follows:
               (a) in subsection (1), by deleting the definition of
                    "Department" and inserting instead --
             "
 5                     "Authority" means the Western Australian Land
                          Information Authority established by the Land
                          Information Authority Act 2006 section 5;
                                                                               ";
                 (b)    in each of subsections (2) and (4), by deleting
10                      "registered or deposited in the Department" and
                        inserting instead --
                        " deposited with the Authority ".
       (4)   Schedule 6.3 is amended in each of clause 1(1)(a) and (3) by
             deleting "by the Registrar of Deeds" and inserting instead --
15           "    under the Registration of Deeds Act 1856   ".

     145.    Metropolitan Water Supply, Sewerage, and Drainage Act 1909
             amended
       (1)   The amendments in this section are to the Metropolitan Water
             Supply, Sewerage, and Drainage Act 1909*.
20           [* Reprint 9 as at 17 February 2006.]
       (2)   Section 114 is amended by deleting "Department within the
             meaning of the Transfer of Land Act 1893 or the Registry of
             Deeds" and inserting instead --
             "
25                     records of the Western Australian Land Information
                       Authority established by the Land Information
                       Authority Act 2006 section 5
                                                                               ".
       (3)   Section 165(2) is amended as follows:
30             (a) in subparagraph (a), by deleting "or deputy";
              (b) in subparagraph (b), by deleting "or his deputy,";

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                   (c)    by deleting subparagraph (c) and inserting instead --
                              "
                                  (c)   the chief executive officer of the
                                        department principally assisting in the
 5                                      administration of the Land
                                        Administration Act 1997 that any person
                                        is registered in the department as the
                                        owner, occupier, or lessee of any land,
                                                                                  ".

10   146.      Morley Shopping Centre Redevelopment Agreement Act 1992
               amended
        (1)    The amendments in this section are to the Morley Shopping
               Centre Redevelopment Agreement Act 1992*.
               [* Reprinted as at 9 November 2001.]
15      (2)    Section 3(1) is amended by deleting the definition of
               "Department of Land Administration".
        (3)    Section 3(2) is amended by deleting "by the Graphic Bank
               Crown Surveys within the Department of Land Administration."
               and inserting instead --
20             "
                         by the Western Australian Land Information Authority
                         established by the Land Information Authority
                         Act 2006 section 5.
                                                                                  ".

25   147.      Planning and Development Act 2005 amended
        (1)    The amendments in this section are to the Planning and
               Development Act 2005*.
               [* Act No. 37 of 2005.]




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     (2)   Section 4(1) is amended as follows:
             (a) by inserting in its appropriate alphabetical position --
           "
                     "Authority" means the Western Australian Land
 5                      Information Authority established by the Land
                        Information Authority Act 2006 section 5.
                                                                                        ";
               (b)    in the definition of "lot" --
                        (i) by deleting paragraph (a) and inserting
10                            instead --
                      "
                           (a)        depicted on a plan or diagram available
                                      from, or deposited with, the Authority and
                                      for which a separate Crown Grant or
15                                    certificate of title has been or can be issued;
                                      or
                                                                                        ";
                                     and
                          (ii)       by deleting paragraph (c)(iv) and "or" after it and
20                                   inserting instead --
                                 "
                                      (iv)   a part-lot shown on a diagram or plan
                                             of survey of a subdivision deposited
                                             with the Authority; or
25                                                                                      ";
               (c)    by deleting the definition of "TLA Department".
     (3)   Section 146(3)(d) is amended by deleting "TLA Department"
           and inserting instead --
           "    Authority            ".
30   (4)   Section 150(3)(a) is amended as follows:
             (a) by inserting after "subdivision" a comma;
            (b) by inserting after "1985" a comma;

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                   (c)   by deleting "at the TLA Department;" and inserting
                         instead --
                         " by the Authority; ".
        (5)    Section 165(2) and (4) are each amended by deleting "at the
 5             TLA Department" and inserting instead --
               "    with the Authority   ".
        (6)    Section 167(1)(a) is amended as follows:
                 (a) by inserting after "subdivision" a comma;
                (b) by inserting after "1985" a comma;
10               (c) by deleting "at the TLA Department;" and inserting
                      instead --
                      " by the Authority; ".
        (7)    Section 168 is amended as follows:
                 (a) in subsection (1) --
15                       (i) by inserting after "subdivision" a comma; and
                        (ii) by inserting after "1985" a comma; and
                       (iii) by deleting "in the TLA Department" and
                              inserting instead --
                              " with the Authority ";
20              (b) in subsection (3) --
                           (i)   by inserting after "subdivision" a comma; and
                          (ii)   by inserting after "1985" a comma; and
                         (iii)   by deleting "at the TLA Department" and
                                 inserting instead --
25                               " with the Authority ";
                   (c)   in subsection (5), by deleting "in the TLA Department";
                   (d)   in subsection (6), by deleting "in the TLA Department
                         or in" and inserting instead --
                         " with the Authority or ".


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                 Transfer of Land Act 1893 and related provisions   Division 1
                                                                         s. 148



       (8)   Schedule 3 is amended by deleting "Department as defined in
             the Transfer of Land Act 1893" in both places where it occurs
             and inserting instead --
             "   Land Titles Office     ".

 5   148.    Plant Diseases Act 1914 amended
       (1)   The amendments in this section are to the Plant Diseases
             Act 1914*.
             [* Reprinted as at 21 December 2001.
                For subsequent amendments see Western Australian
10              Legislation Information Tables for 2005, Table 1, p. 345.]
       (2)   Section 38(1)(b) is amended as follows:
              (a) in subparagraph (ii), by deleting "or deputy";
              (b) by deleting subparagraph (iii) and inserting the
                    following subparagraph instead --
15                        "
                              (iii)   the chief executive officer of the
                                      department principally assisting in the
                                      administration of the Land
                                      Administration Act 1997 or of the
20                                    department principally assisting in the
                                      administration of the Mining Act 1978
                                      that any person is registered in the
                                      department as the lessee or occupier of
                                      any land,
25                                                                              ".

     149.    Redemption of Annuities Act 1909 amended
       (1)   The amendments in this section are to the Redemption of
             Annuities Act 1909*.
             [* Reprint 1 as at 4 March 2005.]




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     s. 150



        (2)    Section 2 is amended in the definition of "Registrar" by deleting
               "deputy, assistant," and inserting instead --
               "    assistant    ".

     150.      Registration of Deeds Act 1856 amended
 5      (1)    The amendments in this section are to the Registration of Deeds
               Act 1856*.
               [* Reprint 2 as at 9 April 2004.
                  For subsequent amendments see Western Australian
                  Legislation Information Tables for 2005, Table 1, p. 385.]
10      (2)    Section 2 is amended as follows:
                 (a) by deleting "there shall be maintained as heretofore at
                      Perth" and inserting instead --
               "
                         the Western Australian Land Information
15                       Authority established by the Land Information
                         Authority Act 2006 section 5 (called the
                         "Authority" in this Act) is to maintain
                                                                                      ".
                   (b)    by deleting "person holding the appointment of
20                        Registrar of Deeds and Transfers at the time of the
                          passing of this Act shall continue to be Registrar of the
                          aforesaid office under this Act, and that every person
                          appointed to the office of ".
        (3)    Section 2A is amended as follows:
25               (a) by deleting "all such persons as are or have been
                      appointed to be" and inserting instead --
               "
                         a person holding an office because of which the person
                         is
30                                                                                    ";
                   (b)    by deleting "person holding the appointment of ".


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      (4)   Section 6 is amended by deleting "into the Registrar's office"
            and inserting instead --
            " to the Authority        ".
      (5)   Section 9 is amended by deleting "in the said Registry Office"
 5          and inserting instead --
            "   given by the Registrar     ".
      (6)   Section 10 is amended by deleting "his" and inserting instead --
            " the Authority's     ".
      (7)   Section 11 is amended by deleting "of his office" and inserting
10          instead --
            "   under this Act   ".
      (8)   Section 12 is amended by deleting "his" and inserting instead --
            " the Authority's     ".
      (9)   Section 13 is amended as follows:
15            (a) by deleting "said Registrar's" and inserting instead --
                   " Authority's ";
             (b) by deleting "his said" and inserting instead --
                   " the Authority's ".
     (10)   Section 22 is amended as follows:
20            (a) by inserting before "That" at the beginning of the
                   section the subsection designation "(1)";
             (b) by deleting "Commissioner of Titles, appointed under
                   the Transfer of Land Act 1893, with the approval of the
                   Governor," and inserting instead --
25                 " Governor ";




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                   (c)    by inserting at the end of the section the following
                          subsections --
              "
                  (2)    On the coming into operation of the Land Information
 5                       Authority Act 2006 section 150(10) (the
                         "commencement"), regulations made by the
                         Commissioner of Titles under this section before the
                         commencement become of the same effect as if they
                         were made by the Governor under subsection (1) of
10                       this section as amended by the Land Information
                         Authority Act 2006 section 150(10).
                  (3)    Subsection (2) does not prevent the Governor from
                         amending regulations to which that subsection applies.
                                                                                   ".

15   151.         Rights in Water and Irrigation Act 1914 amended
        (1)       The amendments in this section are to the Rights in Water and
                  Irrigation Act 1914*.
                  [* Reprinted as at 10 January 2001.
                     For subsequent amendments see Western Australian
20                   Legislation Information Tables for 2005, Table 1, p. 391.]
        (2)       Section 79(2) is amended as follows:
                    (a) in subparagraph (a), by deleting "or his deputy";
                   (b) in subparagraph (b), by deleting "or deputy";
                    (c) by deleting subparagraph (c) and inserting instead --
25                             "
                                   (c)   the chief executive officer of the
                                         department principally assisting in the
                                         administration of the Land
                                         Administration Act 1997 or of the
30                                       department principally assisting in the
                                         administration of the Mining Act 1978,
                                         that any person is registered in the


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                 Transfer of Land Act 1893 and related provisions   Division 1
                                                                         s. 152



                                  department as the occupier or lessee of
                                  any land,
                                                                             ".

     152.    Roman Catholic Bishop of Broome Property Act 1957
 5           amended
       (1)   The amendments in this section are to the Roman Catholic
             Bishop of Broome Property Act 1957*.
             [* Reprint 1 as at 7 February 2003.
                For subsequent amendments see Western Australian
10              Legislation Information Tables for 2005, Table 1, p. 399.]
       (2)   Section 6 is amended by deleting "in the Office of Titles, the
             office of the Registrar of Deeds or the Department of Lands and
             Surveys" and inserting instead --
             "
15                 under the Transfer of Land Act 1893 or the
                   Registration of Deeds Act 1856,
                                                                             ".

     153.    Roman Catholic Bunbury Church Property Act 1955
             amended
20     (1)   The amendments in this section are to the Roman Catholic
             Bunbury Church Property Act 1955*.
             [* Reprint 1 as at 7 February 2003.
                For subsequent amendments see Western Australian
                Legislation Information Tables for 2005, Table 1, p. 399.]
25     (2)   Section 6 is amended by deleting "in the Office of Titles, the
             Office of the Registrar of Deeds or the Department of Lands and
             Surveys" and inserting instead --
             "
                   under the Transfer of Land Act 1893 or the
30                 Registration of Deeds Act 1856
                                                                             ".


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     154.      Roman Catholic Church Property Act 1911 amended
        (1)    The amendments in this section are to the Roman Catholic
               Church Property Act 1911*.
               [* Reprint 2 as at 7 February 2003.]
 5      (2)    Section 11 is amended by deleting "in the Department within
               the meaning of the Transfer of Land Act 1893, the Office of the
               Registrar of Deeds or the Department of Lands and Surveys"
               and inserting instead --
               "
10                  under the Transfer of Land Act 1893 or the
                    Registration of Deeds Act 1856
                                                                                ".

     155.      Roman Catholic Geraldton Church Property Act 1925
               amended
15      (1)    The amendments in this section are to the Roman Catholic
               Geraldton Church Property Act 1925*.
               [* Reprint 1 as at 7 February 2003.]
        (2)    Section 7 is amended by deleting "in the Office of Titles, the
               Office of the Registrar of Deeds, or the Department of Lands
20             and Surveys" and inserting instead --
               "
                    under the Transfer of Land Act 1893 or the
                    Registration of Deeds Act 1856
                                                                                ".

25   156.      Roman Catholic New Norcia Church Property Act 1929
               amended
        (1)    The amendments in this section are to the Roman Catholic New
               Norcia Church Property Act 1929*.
               [* Reprint 1 as at 7 February 2003.]



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       (2)   Section 10 is amended by deleting "in the Office of Titles the
             Office of the Registrar of Deeds or the Department of Lands and
             Surveys" and inserting instead --
             "
 5                 under the Transfer of Land Act 1893 or the
                   Registration of Deeds Act 1856,
                                                                               ".

     157.    Sale of Land Act 1970 amended
       (1)   The amendments in this section are to the Sale of Land
10           Act 1970*.
             [* Reprinted as at 25 January 2002.
                For subsequent amendments see Western Australian
                Legislation Information Tables for 2005, Table 1, p. 406 and
                Act No. 38 of 2005.]
15     (2)   Section 13(2) is amended by deleting "in the Department within
             the meaning of that Act." and inserting instead --
             "
                   with the Western Australian Land Information
                   Authority established by the Land Information
20                 Authority Act 2006 section 5.
                                                                               ".
       (3)   Section 13(3) is amended as follows:
               (a) by deleting "at the Department within the meaning of
                    the Transfer of Land Act 1893 shall be deemed to be and
25                  to always have been registrable notwithstanding any"
                    and inserting instead --
             "
                   as described in subsection (2) but was defective is to be
                   taken to give as good an entitlement to be registered as
30                 proprietor as it would give if there were no
                                                                               ";



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                (b)       in paragraph (a), by deleting "withdrawn from the
                          Department within the meaning of the Transfer of Land
                          Act 1893;" and inserting instead --
                          "
 5                              having been withdrawn from the registration
                                process;
                                                                                    ".

     158.      Settlement Agents Act 1981 amended
        (1)    The amendments in this section are to the Settlement Agents
10             Act 1981*.
               [* Reprint 3 as at 8 July 2005.
                  For subsequent amendments see Western Australian
                  Legislation Information Tables for 2005, Table 1, p. 413 and
                  Act No. 38 of 2005.]
15      (2)    Schedule 2 clause 1(1) is amended as follows:
                 (a) by deleting paragraph (a) and inserting instead --
                      "
                          (a)   searching land titles and dealings in the records
                                of the Western Australian Land Information
20                              Authority established by the Land Information
                                Authority Act 2006 section 5 (the "Authority")
                                and searching for caveats against any of those
                                dealings;
                                                                                    ";
25              (b)       in paragraph (f), by deleting "at the Department within
                          the meaning of the Transfer of Land Act 1893" and
                          inserting instead --
                          " with the Authority ";
                (c)       in paragraph (g), by deleting "Department within the
30                        meaning of the Transfer of Land Act 1893" and inserting
                          instead --
                          " Authority ".


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                                           Land Information Authority Bill 2006
                                            Other Acts amended           Part 8
                 Transfer of Land Act 1893 and related provisions   Division 1
                                                                         s. 159



     159.    Standard Survey Marks Act 1924 amended
       (1)   The amendments in this section are to the Standard Survey
             Marks Act 1924*.
             [* Reprint 2 as at 5 September 2003.]
 5     (2)   Section 3 is amended by deleting "in the Department of Land
             Administration and certified copies supplied to the Registrar of
             Titles, the Under Secretary for Public Works" and inserting
             instead --
             "
10                 by the Western Australian Land Information Authority
                   established by the Land Information Authority
                   Act 2006 section 5 and certified copies supplied to the
                   Registrar of Titles, the chief executive officer of the
                   department principally assisting in the administration
15                 of the Public Works Act 1902
                                                                             ".

     160.    Strata Titles Act 1985 amended
       (1)   The amendments in this section are to the Strata Titles
             Act 1985*.
20           [* Reprint 5 as at 20 May 2005.
                For subsequent amendments see Western Australian
                Legislation Information Tables for 2005, Table 1, p. 438 and
                Act No. 38 of 2005.]
       (2)   Section 3(1) is amended as follows:
25             (a) by inserting in its appropriate alphabetical position --
             "
                   "Authority" means the Western Australian Land
                      Information Authority established by the Land
                      Information Authority Act 2006 section 5;
30                                                                           ";



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     s. 160



                   (b)    in the definition of "Registrar of Titles" by deleting
                          "appointed" in both places where it occurs and inserting
                          instead --
                          " who is ".
 5       (3)   Section 18(2) is amended by deleting "office of the Registrar of
               Titles" and inserting instead --
               "     Authority's office   ".
         (4)   Section 21Z(2) is amended by deleting "Office of Titles" and
               inserting instead --
10             "     Authority's office   ".
         (5)   Section 31K(2) is amended by deleting "Office of Titles" and
               inserting instead --
               "     Authority's office   ".
         (6)   Section 40(2)(b) is amended by deleting "office of the Registrar
15             of Titles" and inserting instead --
               "     Authority's office   ".
         (7)   Section 41(2)(b) is amended by deleting "office of the Registrar
               of Titles" and inserting instead --
               "     Authority's office   ".
20       (8)   Section 115(1) is amended by deleting "office of the Registrar
               of Titles" and inserting instead --
               "     Authority's office   ".
         (9)   After section 129A the following sections are inserted --
     "
25         129B.         Delegation by Commissioner of Titles
               (1)       The Commissioner of Titles may delegate the power
                         that section 129A gives the Commissioner to any other
                         member of the Authority's staff who is a legal


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             Transfer of Land Act 1893 and related provisions   Division 1
                                                                     s. 160



               practitioner (as defined in the Legal Practice Act 2003)
               or a barrister or solicitor of the Supreme Court of
               another State or a Territory.
       (2)     The delegation must be in writing signed by the
 5             Commissioner.
       (3)     A person to whom a power or duty is delegated under
               this section cannot delegate that power or duty.
       (4)     A person exercising or performing a power or duty that
               has been delegated to the person under this section is to
10             be taken to do so in accordance with the terms of the
               delegation unless the contrary is shown.
       (5)     Nothing in this section limits the ability of the
               Commissioner to perform a function through an officer
               or agent.
15     (6)     In this section --
               "Commissioner of Titles" means the Commissioner
                  of Titles under the Transfer of Land Act 1893 but
                  does not include a Deputy Commissioner of Titles
                  under that Act except when acting as, and in place
20                of, the Commissioner.

     129C.     Delegation by Registrar of Titles
       (1)     The Registrar of Titles may delegate any power or duty
               of the Registrar under another provision of this Act to a
               member of the Authority's staff.
25     (2)     The delegation must be in writing signed by the
               Registrar.
       (3)     A person to whom a power or duty is delegated under
               this section cannot delegate that power or duty.
       (4)     A person exercising or performing a power or duty that
30             has been delegated to the person under this section is to


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     Division 1     Transfer of Land Act 1893 and related provisions
     s. 161



                       be taken to do so in accordance with the terms of the
                       delegation unless the contrary is shown.
               (5)     Nothing in this section limits the ability of the
                       Registrar to perform a function through an officer or
 5                     agent.
               (6)     In this section --
                       "Registrar of Titles" does not include an Assistant
                            Registrar under the Transfer of Land Act 1893
                            except when acting as, and in place of, the
10                          Registrar.

            129D.      Money received by Registrar
                       The Registrar of Titles is to pay to the Authority any
                       money paid to the Registrar under this Act.
                                                                                 ".
15     (10)    Schedule 3 clause 7(1) is amended by deleting "in the office of
               the Registrar of Titles" and inserting instead --
               "     for registration   ".

     161.      Tamala Park Land Transfer Act 2001 amended
        (1)    The amendment in this section is to the Tamala Park Land
20             Transfer Act 2001*.
               [* Act No. 15 of 2001.]
        (2)    Section 3 is amended in the definition of "Registrar of Titles"
               by deleting "appointed".

     162.      The Salvation Army (Western Australia) Property Trust
25             Act 1931 amended
        (1)    The amendments in this section are to The Salvation Army
               (Western Australia) Property Trust Act 1931*.
               [* Reprint 2 as at 17 January 2003.]


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                                           Other Acts amended           Part 8
                Transfer of Land Act 1893 and related provisions   Division 1
                                                                        s. 163



       (2)   Section 6(4) is amended by deleting "the Under Secretary for
             Lands" and inserting instead --
             "
                   the chief executive officer of the department
 5                 principally assisting in the administration of the Land
                   Administration Act 1997
                                                                             ".
       (3)   Section 17(1) and (2) are amended by deleting "the Under
             Secretary for Lands" and inserting instead --
10           "
                   the chief executive officer of the department
                   principally assisting in the administration of the Land
                   Administration Act 1997
                                                                             ".
15     (4)   Section 22 is amended by deleting "the Under Secretary for
             Lands" and inserting instead --
             "
                   the chief executive officer of the department
                   principally assisting in the administration of the Land
20                 Administration Act 1997
                                                                             ".
     163.    Toodyay Cemeteries Act 1939 amended
       (1)   The amendments in this section are to the Toodyay Cemeteries
             Act 1939*.
25           [* Act No. 8 of 1939.
                For subsequent amendments see Western Australian
                Legislation Information Tables for 2005, Table 1, p. 456.]
       (2)   Section 5 is amended by deleting "in the Office of Land Titles"
             and inserting instead --
30           "
                   of the Western Australian Land Information
                   Authority established by the Land Information
                   Authority Act 2006 section 5
                                                                            ".

                                                                       page 93
     Land Information Authority Bill 2006
     Part 8         Other Acts amended
     Division 1     Transfer of Land Act 1893 and related provisions
     s. 164



     164.      Transfer of Land Amendment Act 2003 amended
        (1)    The amendments in this section are to the Transfer of Land
               Amendment Act 2003*.
               [* Act No. 6 of 2003.]
 5      (2)    Section 56 is amended in the proposed section 166C(2)(a)(i) by
               deleting "Department" and inserting instead --
               "    Authority      ".

     165.      Water Boards Act 1904 amended
        (1)    The amendments in this section are to the Water Boards
10             Act 1904*.
               [* Reprint 5 as at 12 August 2005.]
        (2)    Section 158 is amended by deleting "Land Titles and Registry
               of Deeds, or any office of the Department of Lands or of Mines"
               and inserting instead --
15             "
                         the Western Australian Land Information
                         Authority established by the Land Information
                         Authority Act 2006 section 5, of the department
                         principally assisting with the administration of
20                       the Land Administration Act 1997, or of the
                         department principally assisting with the
                         administration of the Mining Act 1978
                                                                               ".
        (3)    Section 160(2) is amended as follows:
25                 (a)    in subparagraph (a), by deleting "or his deputy,";
                   (b)    in subparagraph (b), by deleting "or deputy";




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                                             Other Acts amended           Part 8
                 Valuation of Land Act 1978 and related provisions   Division 2
                                                                          s. 166



                (c)       by deleting subparagraph (c) and inserting instead --
                      "
                          (c)   the chief executive officer of the department
                                principally assisting in the administration of the
 5                              Land Administration Act 1997 or of the
                                department principally assisting in the
                                administration of the Mining Act 1978, that any
                                person is registered in the department as the
                                occupier or lessee of any land,
10                                                                                   ".
     Division 2 -- Valuation of Land Act 1978 and related provisions
     166.   The Act amended
            The amendments in this Division are to the Valuation of Land
            Act 1978* unless otherwise stated.
15          [* Reprint 4 as at 10 February 2006.]
     167.   Section 4 amended
            Section 4(1) is amended as follows:
              (a) by deleting the definitions of "section" and
                   "subsection";
20           (b) by inserting in its appropriate alphabetical position --
            "
                      "Authority" means the Western Australian Land
                         Information Authority established by the Land
                         Information Authority Act 2006 section 5;
25                                                                                   ".




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     Part 8         Other Acts amended
     Division 2     Valuation of Land Act 1978 and related provisions
     s. 168



     168.        Section 6 replaced
                 Section 6 is repealed and the following section is inserted
                 instead --
     "
 5          6.         Valuer-General
                 (1)   The Governor may designate a person to be the
                       Valuer-General under this Act.
                 (2)   A person cannot be the Valuer-General unless --
                        (a) the person is a member of the Authority's staff;
10                            and
                        (b)   the person has, in the opinion of the Minister,
                              the qualifications and experience appropriate to
                              the exercise of the powers, and the performance
                              of the duties and functions, conferred or
15                            imposed upon the Valuer-General by or under
                              this Act.
                 (3)   The power to designate a person to be the
                       Valuer-General includes --
                        (a) the power to revoke a designation previously
20                            made under that power; and
                        (b) the power to designate a person to perform
                              functions of another person who is designated
                              to be the Valuer-General when it is impractical
                              for that other person to perform the functions.
25               (4)   When the Land Information Authority Act 2006
                       section 168 comes into operation the person who,
                       immediately before then, is the Valuer-General
                       becomes the Valuer-General as if designated under
                       subsection (1) for the balance of the person's term of
30                     office.
                                                                                 ".



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                                             Other Acts amended           Part 8
                 Valuation of Land Act 1978 and related provisions   Division 2
                                                                          s. 169



     169.   Section 9 amended
            Section 9 is amended by deleting "Department within the
            meaning of the Transfer of Land Act 1893, the office for the
            Registration of Deeds, any office of the Department of Lands
 5          and Surveys and the Department of Mines and" and inserting
            instead --
            "
                      records of the Authority, a department principally
                      assisting in the administration of the Land
10                    Administration Act 1997 or the Mining Act 1978, or
                                                                             ".

     170.   Section 13 amended
            Section 13(1) is amended by inserting after "this Act" --
            "
15                    and to the Authority and every person who is or has
                      been a member of the Authority's board of
                      management or of a committee appointed by the
                      Authority or is or has been a member of the
                      Authority's staff
20                                                                           ".

     171.   Section 14 amended
            Section 14(2) is amended as follows:
              (a) by deleting "when in his opinion" and inserting
                   instead --
25          "
                      being of the opinion after consulting the
                      Valuer-General that
                                                                             ";
                (b)    by deleting "Valuer-General to" and inserting instead --
30                     " Authority to ".



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     Division 2     Valuation of Land Act 1978 and related provisions
     s. 172



     172.      Section 16 amended
        (1)    Section 16(1) is amended by deleting "The Valuer-General may
               engage under contract for services" and inserting instead --
               "
 5                   The Authority's employing authority has to act on the
                     advice of the Valuer-General whenever it exercises its
                     powers under the Public Sector Management Act 1994
                     section 100(1) relating to the engagement under
                     contract for services of
10                                                                                   ".
        (2)    Section 16(2) is amended by deleting "The Valuer-General shall
               not engage a person under this section as a valuer" and inserting
               instead --
               "
15                   A person cannot be engaged under contract for services
                     as a valuer to assist in the performance of the
                     Valuer-General's duties and functions
                                                                                     ".
        (3)    Section 16(3) is amended by deleting "by the Valuer-General
20             under this section" and inserting instead --
               "
                     under contract for services as a valuer to assist in the
                     performance of the Valuer-General's duties and
                     functions
25                                                                                   ".
        (4)    Section 16(4) is repealed.

     173.      Section 16A amended
               Section 16A(4) is amended in the definition of "staff of the
               Valuer-General" by deleting "appointed under section 6(1)" and
30             inserting instead --
               "   provided by the Authority to assist the Valuer-General       ".


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                                               Other Acts amended           Part 8
                   Valuation of Land Act 1978 and related provisions   Division 2
                                                                            s. 174



     174.     Section 16B inserted
              After section 16A the following section is inserted in Part II --

            16B.      Yearly report by Valuer-General
              (1)     The Valuer-General is required, after the end of each
 5                    financial year of the Authority, to submit to the
                      Minister a report on the performance of the
                      Valuer-General's functions during the year,
                      containing --
                        (a) information about the accuracy, currency, and
10                            completeness of valuation rolls and about any
                              significant matters associated with the making
                              of other valuations by the Valuer-General
                              during the year; and
                        (b) a summary of --
15                               (i) the number, if any, and the nature of
                                      objections received by the
                                      Valuer-General under this Act during
                                      the year, and the outcomes of
                                      objections, if any, resolved during the
20                                    year; and
                                (ii) the number, if any, and the nature of
                                      proceedings under the State
                                      Administrative Tribunal Act 2004
                                      commenced during the year for the
25                                    review of decisions of the
                                      Valuer-General, and the outcomes of
                                      review proceedings, if any, resolved
                                      during the year.
              (2)     The Valuer-General has to submit the report that
30                    subsection (1) requires within the period of 2 months
                      after the last day of the year to which the report relates.
              (3)     When submitting the report to the Minister, the
                      Valuer-General has to give a copy of the report to the

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     Division 2     Valuation of Land Act 1978 and related provisions
     s. 175



                         Authority's chief executive officer for submission to
                         the Authority's board of management.
                                                                                      ".

     175.         Section 25 amended
 5                Section 25(8) is amended as follows:
                   (a)    by deleting "he" and inserting instead --
                          " the Authority ";
                   (b)    by deleting "Valuer-General" before "determines" and
                          inserting instead --
10                        " Authority ";
                   (c)    by deleting "Valuer-General" before "would have
                          raised" and inserting instead --
                          " Authority ".

     176.         Section 28 replaced
15                Section 28 is repealed and the following section is inserted
                  instead --
     "
            28.          Custody, inspection and availability of valuation
                         rolls
20                (1)    After completing a valuation roll for a valuation district
                         or making any addition, deletion, correction or
                         amendment to it the Valuer-General is to provide a
                         copy of the original valuation roll to the Authority.
                  (2)    The Authority is required to --
25                        (a) make true copies of a valuation roll available
                               for public inspection at such places, at such
                               times and upon payment of such fee as may be
                               prescribed; and
                          (b) furnish to each rating or taxing authority that is
30                             obliged to adopt or use any valuations entered


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                                                    Other Acts amended           Part 8
                        Valuation of Land Act 1978 and related provisions   Division 2
                                                                                 s. 177



                                     in a valuation roll and pays any fee that may be
                                     prescribed a true copy of the valuation roll or of
                                     any addition, deletion, correction or amendment
                                     to it, as the case may be.
 5                 (3)       A copy of a valuation roll and of any addition, deletion,
                             correction or amendment to it furnished to a rating or
                             taxing authority may be in writing or transcribed upon
                             magnetic tape or in such other form as the Authority
                             and the rating or taxing authority may agree.
10                                                                                        ".

     177.          Section 29 amended
         (1)       Section 29(1) is amended by deleting "Valuer-General" and
                   inserting instead --
                   "     Authority     ".
15       (2)       Section 29(2) is amended as follows:
                       (a)    by inserting before each of "copy" and "extract" --
                              " certified ";
                       (b)    by deleting "certified by the Valuer-General".
         (3)       At the end of the section the following subsection is inserted --
20             "
                   (3)       In this section --
                             "certified" means certified by the Valuer-General.
                                                                                          ".

     178.          Section 38 inserted
25                 After section 37 the following section is inserted --
     "
            38.              Charges for making valuations under Part III
                             The Authority may, after the Valuer-General makes
                             or causes to be made valuations under Part III, raise


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     Land Information Authority Bill 2006
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     Division 2     Valuation of Land Act 1978 and related provisions
     s. 179



                           against each rating or taxing authority required to
                           use the valuations a charge in accordance with the
                           pricing principles fixed in the Land Information
                           Authority Act 2006 section 16.
 5                                                                                   ".

     179.          Section 39 amended
         (1)       Section 39(1) is amended by inserting after "make valuations of
                   land for" --
                   "     , and provide valuation advice to   ".
10       (2)       Section 39(2) is repealed and the following subsection is
                   inserted instead --
               "
                   (2)     The Authority may determine the charge payable to it
                           for a valuation made, or for advice given, under
15                         subsection (1) but, in doing so, has to accord with the
                           pricing principles fixed in the Land Information
                           Authority Act 2006 section 16.
                                                                                     ".

     180.          Section 39A replaced
20                 Section 39A is repealed and the following section is inserted
                   instead --
     "
            39A.           Authority may provide goods and services
                   (1)     Subsection (2) limits the extent to which the Authority
25                         may, under the Land Information Authority Act 2006
                           and otherwise than as authorised by this Act, provide
                           goods and services derived from or related to the
                           performance of the Valuer-General's functions under
                           this Act (called "valuation related goods and
30                         services" in this section).



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                                                 Other Acts amended           Part 8
                     Valuation of Land Act 1978 and related provisions   Division 2
                                                                              s. 181



                  (2)   The exception in section 13(2) does not apply to the
                        provision by the Authority of valuation related goods
                        and services.
                                                                                  ".

 5   181.         Section 40 replaced
                  Section 40 is repealed and the following section is inserted
                  instead --
     "
            40.         Money received by Valuer-General
10                      The Valuer-General is to pay to the Authority any
                        money paid to the Valuer-General under this Act.
                                                                                  ".

     182.         Section 48 amended
                  Section 48(b) is amended by deleting "office of the
15                Valuer-General." and inserting instead --
                  " office of the Authority.   ".

     183.         Interpretation Act 1984 amended
         (1)      The amendment in this section is to the Interpretation
                  Act 1984*.
20                [* Reprint 5 as at 12 August 2005.
                     For subsequent amendments see Western Australian
                     Legislation Information Tables for 2005, Table 1, p. 228 and
                     Act No. 38 of 2005.]
         (2)      Section 5 is amended in the definition of "Valuer-General" by
25                deleting "appointed".




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     Part 8         Other Acts amended
     Division 3     Acts requiring minor changes
     s. 184



     184.       Taxation Administration Act 2003 amended
        (1)     The amendment in this section is to the Taxation Administration
                Act 2003*.
                [* Reprint 1 as at 14 October 2005.
 5                 For subsequent amendments see Western Australian
                   Legislation Information Tables for 2005, Table 1, p. 451 and
                   Act No. 38 of 2005.]
        (2)     The Glossary at the end of the Act is amended by deleting the
                definition of "Valuer-General".

10                Division 3 -- Acts requiring minor changes
     185.       Constitution Acts Amendment Act 1899 Schedule V amended
        (1)     The amendment in this section is to the Constitution Acts
                Amendment Act 1899*.
                [* Reprint 14 as at 21 April 2006.
15                 For subsequent amendments see Acts Nos. 18 and 38 of
                   2005.]
        (2)     Schedule V Part 3 is amended by inserting before the item
                commencing "The board of management of the Western
                Australian Sports Centre Trust" the following item --
20      "
            The board of management of the Western Australian Land
                     Information Authority established by the Land Information
                     Authority Act 2006.
                                                                                 ".

25   186.       Financial Administration and Audit Act 1985 Schedule 1
                amended
        (1)     The amendment in this section is to the Financial
                Administration and Audit Act 1985*.
                [* Reprint 9 as at 10 February 2006.]


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                                                Other Acts amended           Part 8
                                        Acts requiring minor changes    Division 3
                                                                             s. 187



       (2)       Schedule 1 is amended by inserting in the appropriate
                 alphabetical position the following item --
                 "   Western Australian Land Information Authority   ".

     187.        Public Sector Management Act 1994 Schedule 2 amended
 5     (1)       The amendment in this section is to the Public Sector
                 Management Act 1994*.
                 [* Reprint 6 as at 14 May 2004.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2005, Table 1, p. 368-9
10                  and Act No. 18 of 2005.]
       (2)       Schedule 2 is amended by inserting after item 58 the following
                 item --
             "
                     59   Western Australian Land Information Authority, established
15                        by the Land Information Authority Act 2006
                                                                                  ".
     188.        Statutory Corporations (Liability of Directors) Act 1996
                 Schedule 1 amended
       (1)       The amendment in this section is to the Statutory Corporations
20               (Liability of Directors) Act 1996*.
                 [* Reprint 3 as at 7 November2003.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2005, Table 1, p. 434.]




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    Land Information Authority Bill 2006
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    Division 3     Acts requiring minor changes
    s. 188



        (2)    Schedule 1 is amended by inserting in its appropriate
               alphabetical position the following item --
    "
          Western Australian       a member of the        Land Information
          Land Information         Authority's board      Authority Act 2006
          Authority                of management
                                                                               ".

5




    page 106
                                                       Land Information Authority 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)
acquire .......................................................................................................12(5)
appointed member ............................................................................................ 3
Authority.......................................................................................................... 3
Authority's liability ....................................................................................13(3)
business concern.........................................................................................12(5)
chief executive officer ...................................................................................... 3
commencement day....................................................................................94(1)
confidential information .............................................................................89(2)
dispose of...................................................................................................12(5)
document .............................................................................................67(4), 95
former body ................................................................................................... 95
former office .................................................................................................. 95
fundamental land information ...................................................................16(10)
goods and services............................................................................................ 3
information ................................................................................................67(4)
interest rate.................................................................................................74(2)
land information............................................................................................... 3
latest draft plan...........................................................................................52(2)
latest draft statement...................................................................................60(2)
member of the Authority's staff ........................................................................ 3
new owner..................................................................................................84(1)
participate in ..............................................................................................12(5)
relevant amount..........................................................................................13(3)
relevant financial year ..................................................................... 47(1), 55(1)
specified...................................................................................................101(5)
third party ..................................................................................................84(1)
transaction...................................................................................................... 15
transitional matter.....................................................................................101(2)
Treasurer.......................................................................................................... 3




 


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