[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Machinery of Government (Miscellaneous Amendments) Bill 2003 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 3. Interpretation 2 4. Regulations -- power to amend certain statutory rules 2 5. Regulations -- general 3 Part 2 -- Agriculture, Forestry and Fisheries Division 1 -- Agricultural Produce Commission Act 1988 6. The Act amended 4 7. Section 7 amended 4 Division 2 -- Agriculture and Related Resources Protection Act 1976 8. The Act amended 4 9. Section 65 amended 4 10. Section 94 amended 5 Division 3 -- Cattle Industry Compensation Act 1965 11. The Act amended 5 12. Section 21 amended 5 Division 4 -- Fisheries Adjustment Schemes Act 1987 13. The Act amended 5 14. Section 5 amended 5 15. Section 10 amended 6 254--2 page i Machinery of Government (Miscellaneous Amendments) Bill 2003 Contents 16. Various references to Executive Director changed to CEO 6 Division 5 -- Fishing and Related Industries Compensation (Marine Reserves) Act 1997 17. The Act amended 6 18. Section 5 amended 6 Division 6 -- Fish Resources Management Act 1994 19. The Act amended 7 20. Section 4 amended 7 21. Section 10 repealed 7 22. Section 238 amended 7 23. Sections 239, 241 and 242 amended 7 24. Various references to Executive Director changed to CEO 8 Division 7 -- Forest Products Act 2000 25. The Act amended 9 26. Section 3 amended 10 27. Section 6 amended 10 28. Section 10 amended 10 29. Section 42 amended 11 30. Section 57 amended 11 31. Section 59 amended 11 32. Various references to Executive Director changed to CALM Act CEO 11 Division 8 -- Marketing of Potatoes Act 1946 33. The Act amended 12 34. Section 22B amended 12 Division 9 -- Pearling Act 1990 35. The Act amended 12 36. Section 3 amended 13 37. Section 35 amended 13 38. Section 62A inserted 14 39. Various references to Executive Director changed to CEO 14 Division 10 -- Plant Pests and Diseases (Eradication Funds) Act 1974 40. The Act amended 15 41. Sections 5 and 8A amended 15 page ii Machinery of Government (Miscellaneous Amendments) Bill 2003 Contents Division 11 -- Soil and Land Conservation Act 1945 42. The Act amended 15 43. Section 4 amended 16 44. Section 25C amended 16 Division 12 -- Transitional provisions 45. References to the Executive Director 16 Part 3 -- Attorney General, and Justice Division 1 -- Bail Act 1982 46. The Act amended 17 47. Section 3 amended 17 48. Section 66A amended 18 49. Various references to CEO (Justice) changed to CEO 18 Division 2 -- Children's Court of Western Australia Act 1988 50. The Act amended 18 51. Section 3 amended 19 52. Section 28 amended 19 53. Section 33 replaced 19 54. Section 36 amended 20 55. Section 40 amended 20 56. Section 42 amended 20 57. Section 43 amended 21 Division 3 -- Commercial Tribunal Act 1984 58. The Act amended 21 59. Section 3 amended 21 60. Section 15 amended 21 Division 4 -- Evidence Act 1906 61. The Act amended 22 62. Section 61 amended 22 63. Section 106A amended 22 64. The Fifth Schedule amended 23 Division 5 -- Family Court Act 1997 65. The Act amended 23 66. Section 5 amended 23 67. Section 36 amended 24 page iii Machinery of Government (Miscellaneous Amendments) Bill 2003 Contents Division 6 -- Guardianship and Administration Act 1990 68. The Act amended 24 69. Section 64 amended 24 Division 7 -- Juries Act 1957 70. The Act amended 24 71. Second Schedule amended 25 Division 8 -- Legal Representation of Infants Act 1977 72. The Act amended 25 73. Section 5 amended 26 Division 9 -- Professional Standards Act 1997 74. The Act amended 26 75. Section 16 amended 26 Division 10 -- Small Claims Tribunals Act 1974 76. The Act amended 26 77. Section 4 amended 27 78. Section 14 amended 27 79. Section 33 amended 27 Division 11 -- Spent Convictions Act 1988 80. The Act amended 27 81. Schedule 3 amended 28 Division 12 -- Statutory Corporations (Liability of Directors) Act 1996 82. The Act amended 28 83. Schedule 1 amended 28 Division 13 -- Suitors' Fund Act 1964 84. The Act amended 28 85. Section 4 amended 29 Part 4 -- Community Development, Women's Interests, Seniors and Youth, and Disability Services Division 1 -- Adoption Act 1994 86. The Act amended 30 87. Section 4 amended 30 page iv Machinery of Government (Miscellaneous Amendments) Bill 2003 Contents Division 2 -- Child Welfare Act 1947 88. The Act amended 30 89. Section 4 amended 31 90. Section 6 amended 31 91. Section 9A amended 31 92. Various references to Director-General changed to CEO 31 Division 3 -- Community Services Act 1972 93. The Act amended 33 94. Long title 33 95. Section 3 amended 33 96. Section 4 repealed 34 97. Section 5 amended 34 98. Section 6 replaced 34 99. Section 6A amended 36 100. Section 7 repealed 36 101. Section 8 amended 37 102. Section 10 amended 37 103. Section 11 repealed 37 104. Section 20 amended 37 105. Section 22 amended 37 106. Sections 23 and 24 amended 37 107. Various references to Director-General changed to CEO 38 Division 4 -- Disability Services Act 1993 108. The Act amended 38 109. Section 15 amended 38 110. Section 30 amended 39 111. Section 52 amended 39 Division 5 -- Welfare and Assistance Act 1961 112. The Act amended 39 113. Section 4 amended 40 114. Section 30 amended 40 115. Various references to Director-General changed to CEO 40 Division 6 -- Transitional provisions 116. The incorporated Minister 41 117. Director-General of Community Services 41 118. The Department 41 page v Machinery of Government (Miscellaneous Amendments) Bill 2003 Contents 119. Interpretation 41 Part 5 -- Consumer and Employment Protection Division 1 -- Associations Incorporation Act 1987 120. The Act amended 42 121. Section 3 amended 42 122. Sections 39A to 39E inserted 43 Division 2 -- Builders' Registration Act 1939 123. The Act amended 45 124. Section 4A amended 45 125. Section 37 amended 46 Division 3 -- Business Names Act 1962 126. The Act amended 46 127. Section 4 amended 46 128. Section 4AA inserted 47 129. Sections 31A to 31D inserted 47 Division 4 -- Chattel Securities Act 1987 130. The Act amended 49 131. Section 3 amended 50 132. Section 3A inserted 50 133. Heading to Part IV inserted 51 134. Sections 30A to 30D inserted 51 Division 5 -- Companies (Co-operative) Act 1943 135. The Act amended 53 136. Section 3 amended 54 137. Division 1A inserted 54 138. Section 391 repealed and consequential amendments 56 Division 6 -- Competition Policy Reform (Western Australia) Act 1996 139. The Act amended 57 140. Section 45 amended 57 141. Division 5 inserted 57 Division 7 -- Consumer Affairs Act 1971 142. The Act amended 60 143. Long title amended 60 144. Section 4 amended 60 145. Section 5 amended 60 page vi Machinery of Government (Miscellaneous Amendments) Bill 2003 Contents 146. Heading to Part III replaced 60 147. Sections 15 to 17 replaced 61 148. Section 23 replaced 64 149. Section 24 replaced 65 150. Section 25 amended 66 Division 8 -- Co-operative and Provident Societies Act 1903 151. The Act amended 66 152. Section 2 amended 67 153. Sections 67 to 71 inserted 67 Division 9 -- Credit Act 1984 154. The Act amended 70 155. Section 5 amended 70 Division 10 -- Credit (Administration) Act 1984 156. The Act amended 70 157. Section 4 amended 71 158. Section 10 amended 71 159. Section 53 replaced 71 160. Section 54 amended 73 161. Section 56 amended 73 162. Section 56A inserted 75 Division 11 -- Employers' Indemnity Supplementation Fund Act 1980 163. The Act amended 75 164. Section 5 amended 75 Division 12 -- Employment Agents Act 1976 165. The Act amended 76 166. Section 4 amended 76 167. Section 9A inserted 76 168. Section 48 replaced 77 169. Section 49A inserted 78 Division 13 -- Fair Trading Act 1987 170. The Act amended 79 171. Section 5 amended 79 172. Section 73 amended 79 173. Section 75 amended 79 Division 14 -- Hire-Purchase Act 1959 174. The Act amended 80 page vii Machinery of Government (Miscellaneous Amendments) Bill 2003 Contents 175. Section 2 amended 80 176. Section 18 amended 80 177. Section 23W replaced 81 178. Section 36C replaced 83 Division 15 -- Limited Partnerships Act 1909 179. The Act amended 83 180. Section 15 replaced 83 Division 16 -- Motor Vehicle Dealers Act 1973 181. The Act amended 84 182. Section 5 amended 84 183. Section 5AA inserted 85 184. Section 6 amended 85 Division 17 -- Motor Vehicle Repairers Act 2003 185. The Act amended 86 186. Section 3 amended 86 187. Section 7 replaced 87 Division 18 -- Petroleum Products Pricing Act 1983 188. The Act amended 87 189. Section 3 amended 88 190. Section 5 replaced 88 191. Section 7 amended 89 192. Section 23 amended 89 193. Section 24 amended 90 194. Section 26 amended 90 195. Section 27A amended 90 196. Section 27B amended 90 197. Section 28 amended 91 198. Section 29 amended 91 199. Section 31 amended 91 200. Section 31H amended 91 201. Sections 32A to 32C inserted 92 202. Section 33 amended 93 Division 19 -- Petroleum Retailers Rights and Liabilities Act 1982 203. The Act amended 94 204. Section 3 amended 94 Division 20 -- Real Estate and Business Agents Act 1978 205. The Act amended 94 page viii Machinery of Government (Miscellaneous Amendments) Bill 2003 Contents 206. Sections 131H and 131K amended 95 Division 21 -- Residential Tenancies Act 1987 207. The Act amended 95 208. Section 3 amended 95 209. Section 7A inserted 96 210. Section 8 amended 96 211. Sections 11A and 11B inserted 97 212. Schedule 1 amended 98 Division 22 -- Retirement Villages Act 1992 213. The Act amended 98 214. Section 3 amended 98 215. Section 7A inserted 99 216. Section 8 amended 99 217. Sections 11A and 11B inserted 100 218. Sections 46, 57 and 58 amended 101 219. Section 78 repealed 101 Division 23 -- Travel Agents Act 1985 220. The Act amended 101 221. Section 3 amended 101 222. Section 42 amended 102 223. Section 43 amended 102 224. Section 47 amended 102 225. Section 49A inserted 103 226. Section 50 amended 103 227. Section 50A inserted 103 228. Section 52 amended 104 Division 24 -- Transitional provisions 229. Commissioner for Fair Trading 105 230. Commissioner for Corporate Affairs and Registrar of Co-operative and Financial Institutions 107 231. Consumer Affairs Act 1971 107 232. Petroleum Products Pricing Act 1983 108 233. Interpretation 108 Part 6 -- Energy Division 1 -- Electricity Act 1945 234. The Act amended 109 235. Section 5 amended 109 236. Section 32 amended 110 page ix Machinery of Government (Miscellaneous Amendments) Bill 2003 Contents Division 2 -- Energy Coordination Act 1994 237. The Act amended 110 238. Section 3 amended 111 239. Part 1A inserted 112 240. Section 4A amended 115 241. Heading to Part 2 amended 116 242. Sections 4 and 6 repealed 116 243. Section 8 amended 116 244. Section 9 amended 116 245. Section 10 amended 116 246. Section 11 amended 116 247. Section 11X amended 117 248. Section 11ZK amended 117 249. Heading to Part 2A Division 10 amended 117 250. Section 11ZO amended 117 251. Section 12 amended 117 252. Section 13 amended 118 253. Section 19 amended 118 254. Heading to Part 4 replaced and heading to Division 1 inserted 118 255. Heading to Division 2 inserted 118 256. Heading to Schedule 2 amended 119 257. Various references to Coordinator in Schedule 3 changed to Minister 119 Part 7 -- Environment Division 1 -- Conservation and Land Management Act 1984 258. The Act amended 120 259. Section 3 amended 120 260. Section 15 amended 121 261. Section 16A amended 121 262. Section 17 amended 121 263. Section 17A amended 121 264. Section 22 amended 121 265. Section 23 amended 122 266. Section 26D amended 122 267. Headings to Part IV and Division 1 replaced 122 268. Section 32 repealed 122 269. Section 33 amended 123 page x Machinery of Government (Miscellaneous Amendments) Bill 2003 Contents 270. Section 34 repealed 123 271. Section 34A amended 123 272. Section 34B amended 124 273. Part IV Division 2 replaced 124 274. Section 42 repealed 126 275. Section 49 amended 126 276. Section 50 amended 126 277. Section 64 amended 127 278. Section 65 amended 127 279. Section 71 amended 127 280. Section 72 amended 127 281. Section 75 amended 127 282. Section 133 amended 127 283. Section 142 amended 128 284. Various references to Department changed to CEO 128 285. Various references to Executive Director changed to CEO 128 Division 2 -- Environmental Protection Act 1986 286. The Act amended 130 287. Section 110H amended 130 Division 3 -- Litter Act 1979 288. The Act amended 130 289. Section 9 amended 130 290. Sections 15 and 16 amended 131 291. Section 26 amended 131 292. Third Schedule amended 131 Division 4 -- Sandalwood Act 1929 293. The Act amended 132 294. Section 3 amended 132 Division 5 -- Wildlife Conservation Act 1950 295. The Act amended 133 296. Section 6 amended 133 297. Various references to Executive Director changed to CEO 133 Division 6 -- Zoological Parks Authority Act 2001 298. The Act amended 134 299. Section 33 amended 134 Division 7 -- Transitional provisions 300. Conservation and Land Management Act 1984 134 page xi Machinery of Government (Miscellaneous Amendments) Bill 2003 Contents Part 8 -- Health Division 1 -- Dental Prosthetists Act 1985 301. The Act amended 137 302. Section 3 amended 137 303. Section 5 amended 137 304. Various references to Commissioner changed to CEO 137 Division 2 -- Health Act 1911 305. The Act amended 138 306. Section 3 amended 138 307. Heading to Part II Division 1 amended 139 308. Various references to Commissioner changed to CEO 139 Division 3 -- Health Legislation Administration Act 1984 309. The Act amended 140 310. Section 3 amended 140 311. Section 6 amended 140 312. Section 9 amended 140 Division 4 -- Health Services (Conciliation and Review) Act 1995 313. The Act amended 140 314. Section 3 amended 141 315. Section 13 amended 141 316. Section 25 amended 142 Division 5 -- Hospital Fund Act 1930 317. The Act amended 142 318. Section 3 amended 142 Division 6 -- Hospitals and Health Services Act 1927 319. The Act amended 142 320. Section 2 amended 143 321. Various references to Commissioner changed to CEO 143 Division 7 -- Human Reproductive Technology Act 1991 322. The Act amended 144 323. Section 3 amended 144 324. Section 13 amended 145 325. Various references to Commissioner of Health changed to CEO 145 page xii Machinery of Government (Miscellaneous Amendments) Bill 2003 Contents Division 8 -- Medical Act 1894 326. The Act amended 147 327. Section 4 amended 147 Division 9 -- Mental Health Act 1996 328. The Act amended 147 329. Section 3 amended 148 330. Various references to Commissioner changed to CEO 148 Division 10 -- Nurses Act 1992 331. The Act amended 148 332. Section 4 amended 149 333. Section 9 amended 149 Division 11 -- Poisons Act 1964 334. The Act amended 149 335. Section 5 amended 150 336. Section 55E amended 150 337. Various references to Commissioner of Health changed to CEO 150 Division 12 -- Tobacco Control Act 1990 338. The Act amended 151 339. Section 4 amended 151 340. Section 17 amended 152 341. Section 19 amended 152 342. Section 26 amended 152 343. Section 29 amended 152 Division 13 -- Transitional provisions 344. Commissioner of Health 153 Part 9 -- Housing and Works Division 1 -- Country Housing Act 1998 345. The Act amended 154 346. Long title amended 154 347. Section 3 amended 154 348. Heading to Part 2 amended 154 349. Part 2 Division 1 repealed 154 350. Section 10 repealed 154 351. Section 11 amended 155 352. Section 12 repealed 155 353. Part 2 Division 3 repealed 155 354. Section 15 amended 155 page xiii Machinery of Government (Miscellaneous Amendments) Bill 2003 Contents 355. Section 22 repealed 155 356. Schedule 1 repealed 155 Division 2 -- Government Employees' Housing Act 1964 357. The Act amended 155 358. Long title amended 155 359. Section 4 amended 156 360. Section 5 amended 156 361. Section 6 repealed 156 362. Part II repealed 156 363. Section 18 amended 156 364. Section 19 amended 157 365. Section 21 repealed 157 366. Section 23 amended 157 367. Section 24 amended 157 368. Section 25 repealed 157 Division 3 -- Housing Act 1980 369. The Act amended 157 370. Long title amended 158 371. Section 5 amended 158 372. Heading to Part II amended 159 373. Heading to Part II Division 1 replaced 159 374. Section 6 amended 159 375. Section 7 amended 160 376. Sections 8 to 10 replaced 160 377. Heading to Part II Division 2 amended 161 378. Section 11 amended 161 379. Sections 11A and 11B inserted 161 380. Section 12 amended 163 381. Section 12A amended 163 382. Section 13 amended 164 383. Section 16 amended 164 384. Heading to Part II Division 3 amended 164 385. Section 17 amended 164 386. Section 18A inserted 165 387. Section 22 amended 166 388. Heading to Part IV amended 166 389. Section 50 amended 166 390. Section 62 amended 167 391. Section 69 replaced 167 page xiv Machinery of Government (Miscellaneous Amendments) Bill 2003 Contents 392. References to Commission changed to Authority 167 Division 4 -- Public Works Act 1902 393. The Act amended 168 394. Section 2 amended 168 395. Section 9E amended 168 Division 5 -- State Supply Commission Act 1991 396. The Act amended 169 397. Section 30 amended 169 Division 6 -- Transitional matters 398. Financial reporting 169 399. References to former bodies 170 400. Government Employees' Housing Act 1964 170 401. Housing Act 1980 171 402. Interpretation 172 Part 10 -- Indigenous Affairs Division 1 -- Aboriginal Affairs Planning Authority Act 1972 403. The Act amended 173 404. Long title amended 173 405. Section 4 amended 173 406. Section 10 repealed 173 407. Section 16 repealed 173 408. Section 17 amended 174 409. Section 19 amended 174 410. Section 35 amended 174 411. Section 43 amended 175 412. Section 48 amended 175 413. Various references to Commissioner changed to CEO 175 Division 2 -- Transitional provisions 414. Aboriginal Affairs Planning Authority Act 1972 176 Part 11 -- Local Government and Regional Development, and Heritage Division 1 -- Animal Welfare Act 2002 415. The Act amended 177 416. Section 5 amended 177 page xv Machinery of Government (Miscellaneous Amendments) Bill 2003 Contents 417. Section 90 amended 177 418. Various references to Director General changed to CEO 177 Division 2 -- Control of Vehicles (Off-road Areas) Act 1978 419. The Act amended 178 420. Section 3 amended 178 421. Section 21 amended 178 422. Section 22 repealed 178 423. Section 38 amended 178 Division 3 -- Heritage of Western Australia Act 1990 424. The Act amended 179 425. Section 14 amended 179 Division 4 -- Local Government Act 1995 426. The Act amended 179 427. Section 1.4 amended 180 428. Section 9.58 amended 180 429. Section 9.67 amended 180 430. Various references to Executive Director changed to Departmental CEO 180 Division 5 -- Local Government Grants Act 1978 431. The Act amended 181 432. Section 3 amended 181 433. Section 5 amended 181 434. Section 6 amended 181 Division 6 -- Regional Development Commissions Act 1993 435. The Act amended 182 436. Section 3 amended 182 437. Section 31 amended 182 Part 12 -- Planning and Infrastructure, and Land Information Division 1 -- Land Administration Act 1997 438. The Act amended 183 439. Section 3 amended 183 440. Section 8 amended 183 page xvi Machinery of Government (Miscellaneous Amendments) Bill 2003 Contents 441. Section 30 amended 183 442. Section 202 amended 184 443. Section 259 amended 184 Division 2 -- Land Valuation Tribunals Act 1978 444. The Act amended 185 445. Section 6 amended 185 Division 3 -- Main Roads Act 1930 446. The Act amended 185 447. Section 31 amended 185 Division 4 -- Metropolitan Region Town Planning Scheme Act 1959 448. The Act amended 186 449. Section 38 amended 186 Division 5 -- Valuation of Land Act 1978 450. The Act amended 186 451. Section 4 amended 187 Division 6 -- Western Australian Coastal Shipping Commission Act 1965 452. The Act amended 187 453. Section 25 amended 187 Division 7 -- Western Australian Marine (Sea Dumping) Act 1981 454. The Act amended 187 455. Section 14 amended 188 Division 8 -- Western Australian Planning Commission Act 1985 456. The Act amended 188 457. Section 19 amended 188 458. Section 45 amended 188 Part 13 -- Police and Emergency Services Division 1 -- Bush Fires Act 1954 459. The Act amended 189 460. Section 7 amended 189 461. Section 28 amended 189 462. Section 34 amended 189 463. Section 37 amended 190 page xvii Machinery of Government (Miscellaneous Amendments) Bill 2003 Contents 464. Section 58 amended 190 465. Section 66 amended 190 Division 2 -- Misuse of Drugs Act 1981 466. The Act amended 191 467. Section 38D amended 191 Part 14 -- Premier, and Public Sector Management Division 1 -- Constitution Acts Amendment Act 1899 468. The Act amended 192 469. Schedule V amended 192 Division 2 -- Public Sector Management Act 1994 470. The Act amended 192 471. Schedule 2 amended 192 Part 15 -- Racing and Gaming Division 1 -- Gaming Commission Act 1987 472. The Act amended 193 473. Section 9 amended 193 474. Section 110A amended 193 Division 2 -- Racing and Wagering Western Australia Act 2003 475. The Act amended 193 476. Section 89 amended 194 Division 3 -- Racing Penalties (Appeals) Act 1990 477. The Act amended 194 478. Section 24 amended 194 Part 16 -- Sport and Recreation Division 1 -- Boxing Control Act 1987 479. The Act amended 195 480. Section 12 amended 195 Division 2 -- Western Australian Sports Centre Trust Act 1986 481. The Act amended 195 482. Section 15 amended 195 page xviii Machinery of Government (Miscellaneous Amendments) Bill 2003 Contents Part 17 -- Treasurer, and Government Enterprises Division 1 -- Anzac Day Act 1960 483. The Act amended 196 484. Section 10 amended 196 Division 2 -- Economic Regulation Authority Act 2003 485. The Act amended 196 486. Section 23 amended 197 Division 3 -- Financial Administration and Audit Act 1985 487. The Act amended 197 488. Schedule 1 amended 197 Division 4 -- Gold Corporation Act 1987 489. The Act amended 198 490. Section 3 amended 198 491. Heading to Part II amended 198 492. Section 9 amended 198 493. Sections 9A, 9B and 9C inserted 199 494. Section 16 amended 201 495. Section 21 amended 201 496. Section 40 amended 202 497. Section 51 amended 202 498. Schedule 1 amended 202 Division 5 -- Insurance Commission of Western Australia Act 1986 499. The Act amended 203 500. Division 3A inserted 203 Division 6 -- Lotteries Commission Act 1990 501. The Act amended 206 502. Sections 8A, 8B and 8C inserted 206 503. Section 22 amended 208 Division 7 -- Parliamentary Superannuation Act 1970 504. The Act amended 208 505. Section 6 amended 208 page xix Machinery of Government (Miscellaneous Amendments) Bill 2003 Contents Division 8 -- Rates and Charges (Rebates and Deferments) Act 1992 506. The Act amended 209 507. Section 3 amended 209 508. Section 6 amended 209 509. Section 46 amended 210 Division 9 -- Stamp Act 1921 510. The Act amended 210 511. Section 79 amended 210 Division 10 -- State Superannuation Act 2000 512. The Act amended 210 513. Sections 33A, 33B and 33C inserted 211 Division 11 -- Water Corporation Act 1995 514. The Act amended 213 515. Section 73 amended 213 Division 12 -- Western Australian Treasury Corporation Act 1986 516. The Act amended 214 517. Section 3 amended 214 518. Section 5B amended 214 519. Section 8A amended 214 520. Section 9B inserted 215 521. Section 10 amended 215 522. Section 16HA inserted 215 523. Section 16PA inserted 216 524. Section 17A amended 216 525. Section 18 amended 216 526. Section 21A amended 216 527. Section 21B amended 217 528. Schedule 2 amended 217 529. Various references to Treasurer changed to Minister 217 Division 13 -- Transitional provisions 530. Western Australian Treasury Corporation Act 1986 and Gold Corporation Act 1987 218 Part 18 -- Various references to Permanent Head amended 531. Various references to Permanent Head changed to chief executive officer 220 page xx Machinery of Government (Miscellaneous Amendments) Bill 2003 Contents Part 19 -- General transitional provisions 532. References to Department by a former name 221 533. References to chief executive officer by a former name 221 page xxi Western Australia LEGISLATIVE ASSEMBLY (As amended during consideration in detail) Machinery of Government (Miscellaneous Amendments) Bill 2003 A Bill for An Act to amend various Acts to facilitate the efficient and flexible organisation of the public sector, to amend various other Acts consequentially, and for related purposes. The Parliament of Western Australia enacts as follows: page 1 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 1 Preliminary s. 1 Part 1 -- Preliminary 1. Short title This Act may be cited as the Machinery of Government (Miscellaneous Amendments) Act 2003. 5 2. Commencement (1) Subject to this section, this Act comes into operation on a day fixed by proclamation. (2) Different days may be fixed under subsection (1) for different provisions. 10 (3) If this Act receives the Royal Assent on or before the day on which section 93 of the Energy Legislation Amendment Act 2003 comes into operation, section 240 comes into operation immediately after that section comes into operation. (4) If this Act receives the Royal Assent after the day on which 15 section 93 of the Energy Legislation Amendment Act 2003 comes into operation, section 240 comes into operation immediately after section 239 comes into operation. 3. Interpretation In this Part -- 20 "commencement" means the time at which this Act, or the relevant provision of this Act, comes into operation; "statutory rule" means a regulation, rule, local law or by-law. 4. Regulations -- power to amend certain statutory rules (1) The Governor, on the recommendation of the Minister, may 25 make regulations amending a statutory rule made under an Act. (2) The Minister may make a recommendation under subsection (1) only if the Minister considers that each amendment proposed to be made by the regulations is consequential on the enactment of this Act. page 2 Machinery of Government (Miscellaneous Amendments) Bill 2003 Preliminary Part 1 s. 5 (3) Nothing in this section prevents a statutory rule from being amended in accordance with the Act under which it is made. 5. Regulations -- general The Governor may make regulations dealing with matters of a 5 transitional nature (including matters of an application or savings nature) relating to the transition from the application of an Act amended by this Act as in force immediately before commencement to the application of that Act as in force immediately after commencement. page 3 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 2 Agriculture, Forestry and Fisheries Division 1 Agricultural Produce Commission Act 1988 s. 6 Part 2 -- Agriculture, Forestry and Fisheries Division 1 -- Agricultural Produce Commission Act 1988 6. The Act amended The amendments in this Division are to the Agricultural 5 Produce Commission Act 1988*. [* Reprinted as at 5 April 2002.] 7. Section 7 amended Section 7(2) is amended by deleting "at the Treasury forming" and inserting instead -- 10 " as ". Division 2 -- Agriculture and Related Resources Protection Act 1976 8. The Act amended The amendments in this Division are to the Agriculture and 15 Related Resources Protection Act 1976*. [* Reprinted as at 15 October 1999. For subsequent amendments see Act No. 45 of 2002.] 9. Section 65 amended Section 65(1) is amended as follows: 20 (a) by inserting after "61" -- " and any other money lawfully received by, made available to or payable to the Protection Board "; 25 (b) by deleting "to be kept in the Treasury". page 4 Machinery of Government (Miscellaneous Amendments) Bill 2003 Agriculture, Forestry and Fisheries Part 2 Cattle Industry Compensation Act 1965 Division 3 s. 10 10. Section 94 amended Section 94(1)(b)(iv) is deleted and the following subparagraph is inserted instead -- " 5 (iv) the CEO as defined in section 3 of the Conservation and Land Management Act 1984, that any person is registered as the holder of a permit, licence or lease under Part VIII of that Act, 10 ". Division 3 -- Cattle Industry Compensation Act 1965 11. The Act amended The amendments in this Division are to the Cattle Industry Compensation Act 1965*. 15 [* Reprinted as at 20 August 1999. For subsequent amendments see Act No. 45 of 2002.] 12. Section 21 amended Section 21(1) is amended by deleting "and kept at the Treasury, forming" and inserting instead -- 20 " , as ". Division 4 -- Fisheries Adjustment Schemes Act 1987 13. The Act amended The amendments in this Division are to the Fisheries Adjustment Schemes Act 1987*. 25 [* Reprinted as at 3 May 2002.] 14. Section 5 amended Section 5(1) is amended by deleting "and kept at the Treasury". page 5 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 2 Agriculture, Forestry and Fisheries Division 5 Fishing and Related Industries Compensation (Marine Reserves) Act 1997 s. 15 15. Section 10 amended Section 10 is amended by deleting "Fisheries". 16. Various references to Executive Director changed to CEO Each provision listed in the Table to this section is amended by 5 deleting "Executive Director" in each place where it occurs and inserting instead -- " CEO ". Table s. 8(3a) s. 14C(a) s. 10C(7) s. 15(1) and (2) Division 5 -- Fishing and Related Industries Compensation 10 (Marine Reserves) Act 1997 17. The Act amended The amendments in this Division are to the Fishing and Related Industries Compensation (Marine Reserves) Act 1997*. [* Act No. 39 of 1997.] 15 18. Section 5 amended (1) Section 5(5), (6), (7), (8) and (9) are amended by deleting "Executive Director" and inserting instead -- " CEO ". (2) Section 5(5) and (6) are amended by deleting "Executive 20 Director's" and inserting instead -- " CEO's ". page 6 Machinery of Government (Miscellaneous Amendments) Bill 2003 Agriculture, Forestry and Fisheries Part 2 Fish Resources Management Act 1994 Division 6 s. 19 Division 6 -- Fish Resources Management Act 1994 19. The Act amended The amendments in this Division are to the Fish Resources Management Act 1994*. 5 [* Reprinted as at 28 April 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 147-8, and Acts Nos. 54 of 2003 and 33 of 2002 .] 20. Section 4 amended 10 Section 4(1) is amended as follows: (a) by inserting the following definition in the appropriate alphabetical position -- " "CEO" means the chief executive officer of the 15 Department; "; (b) by deleting the definition of "Executive Director". 21. Section 10 repealed Section 10 is repealed. 20 22. Section 238 amended Section 238(2) is amended by deleting "to be kept at the Treasury". 23. Sections 239, 241 and 242 amended Sections 239(1), 241(1) and 242(1) are amended by deleting 25 "and kept at the Treasury". page 7 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 2 Agriculture, Forestry and Fisheries Division 6 Fish Resources Management Act 1994 s. 24 24. Various references to Executive Director changed to CEO (1) Each provision listed in the Table to this subsection is amended by deleting "Executive Director" in each place where it occurs and inserting instead -- 5 " CEO ". Table s. 7(1), (3), (4)(a) and (b), (5) s. 141(1) and (6) s. 142(1), (2), (3), (4), (5) and s. 13(1) and (2) (6) s. 29(2)(a) s. 143(1) and (2) s. 33(2)(a) s. 144(1), (2) and (3) s. 37(2)(a) s. 145(1) s. 58(2)(c), (h), (j) and (k) s. 147(1) s. 61(1)(c) s. 148(1) s. 62(s) s. 149(3) and (4) s. 66(1) s. 150(b) s. 68 s. 151(1), (2), (3) and (4) s. 69(1)(b), (2) and (3) s. 152(3) s. 71(2) s. 153(4) s. 72(2) s. 177(1), (2) and (4) s. 76(4)(a) and (b) s. 179(1), (3), (6) and (7) s. 79(1) s. 196(1) and (2) s. 80(1) s. 197(3) and (4) s. 81(1)(b), (2) and (3) s. 201(1) and (4) s. 83(1), (2) and (3) s. 217(1), (2) and (3) s. 85 s. 219(1) s. 87(1), (2)(b), (3) and (4) s. 224(1) and (2) s. 92(1) and (3) s. 227(1) s. 94(1) s. 238(4)(d) s. 95(1)(b), (2) and (3) s. 244(1)(b) s. 107(1) s. 246(1), (4), (5)(b) and (c) s. 111 s. 249(1) and (2) page 8 Machinery of Government (Miscellaneous Amendments) Bill 2003 Agriculture, Forestry and Fisheries Part 2 Forest Products Act 2000 Division 7 s. 25 s. 123(c) s. 257(2)(b), (c) and (e) s. 130(b) and (d) s. 258(k) and (y) s. 135(1), (2), (3) and (4) s. 262 s. 138(1) Sch. 1 cl. 2 s. 139(1) Sch. 1 cl. 3(1) and (2) s. 140(1), (2), (3), (4) and (5) (2) Each provision listed in the Table to this subsection is amended by deleting "Executive Director's" in each place where it occurs and inserting instead -- " CEO's ". 5 Table s. 140(2)(a) s. 224(1)(b) s. 177(3) s. 246(5)(a) s. 179(5) Note: The headings to sections 13, 147, 148, 151 and 262 will be altered by deleting "Executive Director" and inserting instead "CEO". Division 7 -- Forest Products Act 2000 25. The Act amended 10 The amendments in this Division are to the Forest Products Act 2000*. [* Act No. 34 of 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 149, and 15 Gazette 15 August 2003 p. 3685-92.] page 9 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 2 Agriculture, Forestry and Fisheries Division 7 Forest Products Act 2000 s. 26 26. Section 3 amended Section 3 is amended as follows: (a) by inserting the following definitions in the appropriate alphabetical positions -- 5 " "CALM Act CEO" has the meaning given to "CEO" by section 3 of the CALM Act; "CALM Act Department" has the meaning given to "Department" by section 3 of the CALM Act; 10 "; (b) in the definition of "departmental land" in paragraph (c) by deleting "Executive Director" and inserting instead -- " CALM Act CEO "; 15 (c) by deleting the definitions of "Department" and "Executive Director". 27. Section 6 amended Section 6(3)(c) is amended by deleting "Department" and inserting instead -- 20 " CALM Act Department ". 28. Section 10 amended Section 10(1) is amended as follows: (a) in paragraph (l) by deleting "Department" and inserting instead -- 25 " CALM Act CEO "; (b) in paragraph (l) by deleting "the Department's" and inserting instead -- " that CEO's "; page 10 Machinery of Government (Miscellaneous Amendments) Bill 2003 Agriculture, Forestry and Fisheries Part 2 Forest Products Act 2000 Division 7 s. 29 (c) in paragraph (m) by deleting "Department" and inserting instead -- " CALM Act CEO ". 29. Section 42 amended 5 Section 42(2)(d) is amended by deleting "Department" and inserting instead -- " CALM Act CEO ". 30. Section 57 amended Section 57(2)(a)(ii) and (c) are amended by deleting 10 "Department's" and inserting instead -- " CALM Act CEO's ". 31. Section 59 amended Section 59(1)(b) and (c) are amended by deleting "Department" and inserting instead -- 15 " CALM Act CEO ". 32. Various references to Executive Director changed to CALM Act CEO Each provision listed in the Table to this section is amended by deleting "Executive Director" in each place where it occurs and 20 inserting instead -- " CALM Act CEO ". Table s. 6(3)(c) s. 57(2)(a) and (b) s. 10(1)(e), (k) and (o) s. 59(1)(d) and (2) and (3)(e) page 11 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 2 Agriculture, Forestry and Fisheries Division 8 Marketing of Potatoes Act 1946 s. 33 Division 8 -- Marketing of Potatoes Act 1946 33. The Act amended The amendments in this Division are to the Marketing of Potatoes Act 1946*. 5 [* Reprinted as at 7 January 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 236, and Gazette 15 August 2003 p. 3685-92.] 34. Section 22B amended 10 (1) Section 22B(5) is amended by deleting "Commissioner for Health" and inserting instead -- " CEO (Health) ". (2) After section 22B(9) the following subsection is inserted -- " 15 (10) In this section -- "CEO (Health)" has the meaning given to "CEO" by section 3 of the Health Legislation Administration Act 1984. ". 20 Division 9 -- Pearling Act 1990 35. The Act amended The amendments in this Division are to the Pearling Act 1990*. [* Reprinted as at 3 November 2000. For subsequent amendments see Act No. 54 of 2000.] page 12 Machinery of Government (Miscellaneous Amendments) Bill 2003 Agriculture, Forestry and Fisheries Part 2 Pearling Act 1990 Division 9 s. 36 36. Section 3 amended Section 3(1) is amended as follows: (a) by inserting the following definitions in the appropriate alphabetical positions -- 5 " "CEO" means the chief executive officer of the Department; "Department" has the meaning given by section 4(1) of the Fish Resources Management Act 1994; 10 "; (b) by deleting the definitions of "Executive Director" and "the Department"; (c) in the definition of "Fisheries Research and Development Fund" by deleting "established under 15 section 35L of the Fisheries Act 1905" and inserting instead -- " in existence under section 238 of the Fish Resources Management Act 1994 20 ". 37. Section 35 amended Section 35(2) is amended by deleting "an inspector of fisheries appointed under section 5(1c) of the Fisheries Act 1905" and inserting instead -- 25 " a fisheries officer as defined in section 4(1) of the Fish Resources Management Act 1994 ". page 13 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 2 Agriculture, Forestry and Fisheries Division 9 Pearling Act 1990 s. 38 38. Section 62A inserted After section 62 the following section is inserted -- " 62A. Delegation by CEO 5 (1) The CEO may delegate to an employee of the Department any power or duty of the CEO under another provision of this Act. (2) The delegation must be in writing signed by the CEO. (3) A person to whom a power or duty is delegated under 10 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 be taken to do so in accordance with the terms of the delegation unless the contrary is shown. 15 (5) Nothing in this section limits the ability of the CEO to perform a function through an officer or agent. ". 39. Various references to Executive Director changed to CEO Each provision listed in the Table to this section is amended by 20 deleting "Executive Director" in each place where it occurs and inserting instead -- " CEO ". Table s. 8(5) s. 32(3), (4), (5)(a) and (b), (6) s. 12(1), (2) and (3) and (7) s. 16 s. 33(1), (2) and (10)(b) s. 17(1) s. 34 s. 22(1), (2) and (3) s. 35(1) and (3) s. 23(1), (2), (5), (6), (7) and s. 37(3) and (4) (8) s. 38(2) page 14 Machinery of Government (Miscellaneous Amendments) Bill 2003 Agriculture, Forestry and Fisheries Part 2 Plant Pests and Diseases (Eradication Funds) Act 1974 Division 10 s. 40 s. 24(1) and (3) s. 52(1) s. 26(1) and (2)(a)(ii) s. 53(3) s. 27(2), (4), (5) and (6) s. 55(1), (2), (4), (5) and (6) s. 28(1) and (2) s. 61 s. 30(2) and (3) Sch. 3 cl. 4(1) s. 31(1)(c) Sch. 3 cl. 5 Note: The heading to section 12 will be altered by deleting "Executive Director" and inserting instead "CEO". Division 10 -- Plant Pests and Diseases (Eradication Funds) Act 1974 5 40. The Act amended The amendments in this Division are to the Plant Pests and Diseases (Eradication Funds) Act 1974*. [* Reprinted as at 30 July 1999. For subsequent amendments see Western Australian 10 Legislation Information Tables for 2002, Table 1, p. 299 and Act No. 57 of 2003.] 41. Sections 5 and 8A amended Sections 5(1) and 8A(1) are amended by deleting "and kept at the Treasury, forming" and inserting instead -- 15 " , as ". Division 11 -- Soil and Land Conservation Act 1945 42. The Act amended The amendments in this Division are to the Soil and Land Conservation Act 1945*. 20 [* Reprint 6 as at 3 October 2003.] page 15 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 2 Agriculture, Forestry and Fisheries Division 12 Transitional provisions s. 43 43. Section 4 amended Section 4 is amended in the definition of "Public Authority" in paragraph (f) by deleting "Executive Director within the meaning" and inserting instead -- 5 " CEO as defined in section 3 ". 44. Section 25C amended Section 25C(1) is amended by deleting "at the Treasury, forming" and inserting instead -- " , as ". 10 Division 12 -- Transitional provisions 45. References to the Executive Director (1) After commencement, a reference in a written law that is, or is to be taken to be, to the Executive Director (as defined in the Fish Resources Management Act 1994 as in force before 15 commencement) is to have effect as if it had been amended to be a reference to the CEO (as defined in the Fish Resources Management Act 1994 as in force after commencement). (2) Subsection (1) does not apply if a contrary intention appears or the context otherwise requires. 20 (3) In this section -- "commencement" means the time at which section 20 comes into operation. page 16 Machinery of Government (Miscellaneous Amendments) Bill 2003 Attorney General, and Justice Part 3 Bail Act 1982 Division 1 s. 46 Part 3 -- Attorney General, and Justice Division 1 -- Bail Act 1982 46. The Act amended The amendments in this Division are to the Bail Act 1982*. 5 [* Reprinted as at 27 August 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 28, and Act No. 50 of 2003.] 47. Section 3 amended 10 (1) Section 3(1) is amended as follows: (a) by inserting the following definitions in the appropriate alphabetical positions -- " "CEO" means the chief executive officer of the 15 Department; "Department" means the department of the Public Service principally assisting in the administration of this Act; "; 20 (b) in the definition of "authorized community services officer" in paragraph (a) by deleting "(Justice)" in both places where it occurs; (c) by deleting the definition of "CEO (Justice)". (2) Section 3(5) is amended by deleting "department of which he is 25 the chief executive officer" and inserting instead -- " Department ". page 17 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 3 Attorney General, and Justice Division 2 Children's Court of Western Australia Act 1988 s. 48 48. Section 66A amended Section 66A(2) is amended by deleting "department of which the CEO (Justice) is the chief executive officer" and inserting instead -- 5 " Department ". 49. Various references to CEO (Justice) changed to CEO Each provision listed in the Table to this section is amended by deleting "CEO (Justice)" in each place where it occurs and inserting instead -- 10 " CEO ". Table s. 3(5) s. 50E s. 24A(4) s. 50F(1), (3), (4) and (5) s. 27A s. 50H s. 50A s. 50J s. 50C(4)(a) and (b) s. 50L(1) s. 50D(1)(a) Sch. 1 Part D cl. 3(3)(e) Note: The headings to sections 27A, 50A, 50E, 50F and 50J will be altered by deleting "(Justice)". Division 2 -- Children's Court of Western Australia Act 1988 15 50. The Act amended The amendments in this Division are to the Children's Court of Western Australia Act 1988*. [* Reprinted as at 25 August 2000. For subsequent amendments see Western Australian 20 Legislation Information Tables for 2002, Table 1, p. 54.] page 18 Machinery of Government (Miscellaneous Amendments) Bill 2003 Attorney General, and Justice Part 3 Children's Court of Western Australia Act 1988 Division 2 s. 51 51. Section 3 amended Section 3 is amended as follows: (a) by inserting the following definitions in the appropriate alphabetical positions -- 5 " "CEO" means the chief executive officer of the Department; "Department" means the department of the Public Service principally assisting in the administration 10 of this Act; "; (b) by deleting the definition of "CEO (Justice)". 52. Section 28 amended Section 28(2)(a) is deleted and the following paragraph is 15 inserted instead -- " (a) the CEO or the CEO as defined in section 3 of the Community Services Act 1972; ". 20 53. Section 33 replaced Section 33 is repealed and the following section is inserted instead -- " 33. CEOs or officers may take part in proceedings 25 (1) An officer listed in subsection (2) may be present at the hearing in the Court of any complaint against, or application or other proceeding concerning, a child and, if present, is entitled to examine and cross-examine witnesses and to be heard concerning 30 the remand, punishment or disposal of the child. page 19 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 3 Attorney General, and Justice Division 2 Children's Court of Western Australia Act 1988 s. 54 (2) For the purposes of subsection (1), the officers are -- (a) the CEO; (b) an officer of the Department who is authorised by the CEO referred to in paragraph (a); 5 (c) the CEO as defined in section 3 of the Community Services Act 1972; (d) an officer of the Department, as defined in section 3 of the Community Services Act 1972, who is authorised by the CEO referred to in 10 paragraph (c). ". 54. Section 36 amended Section 36(1)(c) is amended by deleting "department established under section 4" and inserting instead -- 15 " Department as defined in section 3 ". 55. Section 40 amended Section 40(2)(b) is amended by deleting "CEO (Justice)" and inserting instead -- " CEO ". 20 56. Section 42 amended (1) Section 42(1)(aa) is deleted and the following paragraph is inserted instead -- " (aa) the CEO as defined in section 3 of the 25 Community Services Act 1972; ". page 20 Machinery of Government (Miscellaneous Amendments) Bill 2003 Attorney General, and Justice Part 3 Commercial Tribunal Act 1984 Division 3 s. 57 (2) Section 42(2) is amended by deleting "department established under section 4 of the Community Services Act 1972 (if the Director-General is not the applicant)" and inserting instead -- " 5 Department as defined in section 3 of the Community Services Act 1972 (if the chief executive officer of that Department is not the applicant) ". 57. Section 43 amended 10 Section 43(4)(aa) is deleted and the following paragraph is inserted instead -- " (aa) the CEO as defined in section 3 of the Community Services Act 1972; 15 ". Division 3 -- Commercial Tribunal Act 1984 58. The Act amended The amendments in this Division are to the Commercial Tribunal Act 1984*. 20 [* Reprinted as at 10 May 2002.] 59. Section 3 amended Section 3 is amended by deleting the definition of "Commissioner". 60. Section 15 amended 25 Section 15(4) is amended by inserting after "Commissioner" -- " (as defined in section 4(1) of the Consumer Affairs Act 1971) ". page 21 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 3 Attorney General, and Justice Division 4 Evidence Act 1906 s. 61 Division 4 -- Evidence Act 1906 61. The Act amended The amendments in this Division are to the Evidence Act 1906*. [* Reprint 12 as at 10 October 2003.] 5 62. Section 61 amended Section 61 is amended as follows: (a) by deleting "Head of any department of the Government" and inserting instead -- " 10 chief executive officer of any department of the Public Service "; (b) by deleting "or board" in the first place where it occurs and inserting instead -- 15 " , listed "; (c) by deleting "board" in the second place where it occurs and inserting instead -- " body ". 63. Section 106A amended 20 Section 106A is amended in the definition of "defendant" in paragraph (a)(i) by deleting "the department established under section 4" and inserting instead -- " the Department as defined in section 3 ". page 22 Machinery of Government (Miscellaneous Amendments) Bill 2003 Attorney General, and Justice Part 3 Family Court Act 1997 Division 5 s. 64 64. The Fifth Schedule amended The Fifth Schedule is amended by deleting all the items from and including the item relating to the Lands and Surveys Department and inserting instead -- 5 " Any department of the The chief executive officer of Public Service that department Any body, whether The chief executive officer, incorporated or not, that is the chief employee, the established for a public chairman or the secretary purpose by a written law (whichever is relevant) of the body The Police Force The Commissioner of Police ". Division 5 -- Family Court Act 1997 65. The Act amended The amendments in this Division are to the Family Court 10 Act 1997*. [* Reprint 4 as at 15 August 2003.] 66. Section 5 amended Section 5 is amended as follows: (a) by deleting the definition of "Director-General" and 15 inserting instead -- " "Director-General" has the meaning given to "CEO" by section 3 of the Community Services Act 1972; "; 20 (b) by deleting the definition of "Department". page 23 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 3 Attorney General, and Justice Division 6 Guardianship and Administration Act 1990 s. 67 67. Section 36 amended Section 36(7)(b) is amended by inserting after "Department" -- " as defined in section 3 of the Community Services Act 1972 ". Division 6 -- Guardianship and Administration Act 1990 5 68. The Act amended The amendments in this Division are to the Guardianship and Administration Act 1990*. [* Reprinted as at 22 November 2002.] 69. Section 64 amended 10 Section 64(3)(c) is amended as follows: (a) by deleting "Director-General of the department established under section 4" and inserting instead -- " CEO as defined in section 3 "; (b) by deleting "Director-General" in the second place 15 where it occurs and inserting instead -- " CEO ". Division 7 -- Juries Act 1957 70. The Act amended The amendments in this Division are to the Juries Act 1957*. 20 [* Reprinted as at 3 July 2000. For subsequent amendments see Acts Nos. 25 and 50 of 2003.] page 24 Machinery of Government (Miscellaneous Amendments) Bill 2003 Attorney General, and Justice Part 3 Legal Representation of Infants Act 1977 Division 8 s. 71 71. Second Schedule amended (1) The Second Schedule Part I item 2(i) is deleted and the following item is inserted instead -- " 5 (i) Officer or employee of the department of the Public Service principally assisting in the administration of this Act, other than an officer in the Public Trust Office; ". 10 (2) The Second Schedule Part I item 2(k) is deleted and the following item is inserted instead -- " (k) Officer or employee of the Department as defined in section 3 of the Community Services Act 1972; 15 ". (3) The Second Schedule Part I item 2(l) is deleted and the following item is inserted instead -- " (l) Officer or employee of the department of the Public 20 Service principally assisting in the administration of the Police Act 1892; ". Division 8 -- Legal Representation of Infants Act 1977 72. The Act amended 25 The amendments in this Division are to the Legal Representation of Infants Act 1977*. [* Reprint 1 as at 16 May 2003.] page 25 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 3 Attorney General, and Justice Division 9 Professional Standards Act 1997 s. 73 73. Section 5 amended Section 5(5) is amended as follows: (a) by deleting "Director-General of the department established under section 4" and inserting instead -- 5 " CEO as defined in section 3 "; (b) by deleting "Director-General" in the second place where it occurs and inserting instead -- " CEO ". Division 9 -- Professional Standards Act 1997 10 74. The Act amended The amendments in this Division are to the Professional Standards Act 1997*. [* Act No. 22 of 1997.] 75. Section 16 amended 15 Section 16(2) is amended as follows: (a) by deleting "at either"; (b) in paragraph (a) by deleting "the Treasury and"; (c) in paragraph (b) by inserting before "a bank" -- " at ". 20 Division 10 -- Small Claims Tribunals Act 1974 76. The Act amended The amendments in this Division are to the Small Claims Tribunals Act 1974*. [* Reprinted as at 2 July 1999. 25 For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 358.] page 26 Machinery of Government (Miscellaneous Amendments) Bill 2003 Attorney General, and Justice Part 3 Spent Convictions Act 1988 Division 11 s. 77 77. Section 4 amended Section 4(1) is amended by deleting the definition of "Commissioner for Consumer Affairs". 78. Section 14 amended 5 Section 14(4)(b) is amended by deleting "Commissioner for Fair Trading" and inserting instead -- " Commissioner as defined in section 4(1) of the Consumer Affairs Act 1971 10 ". 79. Section 33 amended Section 33(1a) is amended by deleting "of Consumer Affairs" and inserting instead -- " as defined in section 4(1) of the Consumer Affairs Act 1971 ". 15 Division 11 -- Spent Convictions Act 1988 80. The Act amended The amendments in this Division are to the Spent Convictions Act 1988*. [* Reprinted as at 1 September 2000. 20 For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 362, and Act No. 50 of 2003.] page 27 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 3 Attorney General, and Justice Division 12 Statutory Corporations (Liability of Directors) Act 1996 s. 81 81. Schedule 3 amended Schedule 3 clause 1 item 10 of the Table is amended by deleting "Community and Juvenile Justice Division or the Prisons Division of the Department of Justice" and inserting instead -- 5 " department of the Public Service principally assisting in the administration of this Act ". Division 12 -- Statutory Corporations (Liability of Directors) Act 1996 82. The Act amended 10 The amendment in this Division is to the Statutory Corporations (Liability of Directors) Act 1996*. [* Reprinted as at 10 August 2001. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 373, and 15 Acts Nos. 31 and 35 of 2003.] 83. Schedule 1 amended Schedule 1 is amended by deleting the items relating to the Country Housing Authority and the State Housing Commission. Division 13 -- Suitors' Fund Act 1964 20 84. The Act amended The amendments in this Division are to the Suitors' Fund Act 1964*. [* Reprinted as at 29 October 1999. For subsequent amendments see Act No. 20 of 2003.] page 28 Machinery of Government (Miscellaneous Amendments) Bill 2003 Attorney General, and Justice Part 3 Suitors' Fund Act 1964 Division 13 s. 85 85. Section 4 amended (1) Section 4(1) is amended by deleting "and kept at the Treasury, forming" and inserting instead -- " , as ". 5 (2) Section 4(2) is repealed and the following subsection is inserted instead -- " (2) The following shall be credited to the Fund -- (a) the amounts referred to in section 6(2); and 10 (b) any other moneys lawfully received by, made available to, or payable to the Board. ". page 29 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 4 Community Development, Women's Interests, Seniors and Youth, and Disability Services Division 1 Adoption Act 1994 s. 86 Part 4 -- Community Development, Women's Interests, Seniors and Youth, and Disability Services Division 1 -- Adoption Act 1994 86. The Act amended 5 The amendments in this Division are to the Adoption Act 1994*. [* Reprinted as at 2 January 2001. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 6, and Act No. 8 of 2003.] 10 87. Section 4 amended Section 4(1) is amended as follows: (a) by deleting the definition of "Department" and inserting instead -- " 15 "Department" has the meaning given by section 3 of the Community Services Act 1972; "; (b) by deleting the definition of "Director-General" and inserting instead -- 20 " "Director-General" means the chief executive officer of the Department; ". Division 2 -- Child Welfare Act 1947 25 88. The Act amended The amendments in this Division are to the Child Welfare Act 1947*. [* Reprinted as at 20 September 2002.] page 30 Machinery of Government (Miscellaneous Amendments) Bill 2003 Community Development, Women's Interests, Seniors and Part 4 Youth, and Disability Services Child Welfare Act 1947 Division 2 s. 89 89. Section 4 amended Section 4(1) is amended as follows: (a) by inserting the following definition in the appropriate alphabetical position -- 5 " "CEO" means the chief executive officer of the Department; "; (b) by deleting the definition of "Department" and inserting 10 instead -- " "Department" has the meaning given by section 3 of the Community Services Act 1972; "; 15 (c) by deleting the definition of "Director-General". 90. Section 6 amended Section 6(1a) is repealed. 91. Section 9A amended Section 9A(1) is amended by deleting "Director-General, to the 20 Assistant Director-General of the Department, or to each of them, as he thinks fit," and inserting instead -- " CEO ". 92. Various references to Director-General changed to CEO Each provision listed in the Table to this section is amended by 25 deleting "Director-General" in each place where it occurs and inserting instead -- " CEO ". Table s. 4(2), (3) and (4) s. 112(3) page 31 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 4 Community Development, Women's Interests, Seniors and Youth, and Disability Services Division 2 Child Welfare Act 1947 s. 92 s. 6(1) s. 113(2) s. 9B(1)(b) s. 115(1) s. 10(1) and (2) s. 117(3) s. 10A s. 120(1) s. 10B s. 120B(1) (defn. of "working s. 10C(1) (defns. of day") "corresponding authority" s. 120C(1), (2), (3) and (4) and "relevant information"), s. 120D (2) and (3) s. 120E(1) and (2) s. 11 s. 120F(1) and (4) s. 18A s. 120G s. 29(2)(c) and (3aa)(c) s. 120H s. 31 s. 120I s. 44 s. 120K s. 44A(1) and (2) s. 120L(2)(a) s. 46 s. 120M(1)(a) s. 47(1) s. 120N s. 50(1) and (2) s. 120O(1) and (2) s. 54(1) s. 120Q(2)(a) s. 55(1) s. 120R(1), (2) and (3) s. 56 s. 120S s. 60 s. 120V(1)(a) s. 61 s. 120Z(1) and (2) s. 64(1) s. 120ZA(1) and (2) s. 66C s. 125(a), (b) and (c) s. 67(2) and (5) s. 127(a) and (c) s. 107A(4), (5) and (8)(a) s. 130(3) s. 107B(4), (5) and (8)(a) s. 138A s. 109 s. 146A(1) s. 111 s. 146C(1) Note: The headings to sections 6, 10, 10A, 10B, 44A, 56, 66C, 109, 120, 120C, 120D, 120K and 120ZA will be altered by deleting "Director-General" and inserting instead "CEO". page 32 Machinery of Government (Miscellaneous Amendments) Bill 2003 Community Development, Women's Interests, Seniors and Part 4 Youth, and Disability Services Community Services Act 1972 Division 3 s. 93 Division 3 -- Community Services Act 1972 93. The Act amended The amendments in this Division are to the Community Services Act 1972*. 5 [* Reprinted as at 5 April 2002.] 94. Long title The long title is amended by deleting "to make provision for the establishment of a Department for Family and Children's Services,". 10 95. Section 3 amended Section 3 is amended as follows: (a) by inserting the following definitions in the appropriate alphabetical positions -- " 15 "CEO" means the chief executive officer of the Department; "Ministerial Body" means the Community Development Ministerial Body established by section 6; 20 "; (b) by deleting the definition of "Department" and inserting instead -- " "Department" means the department of the Public 25 Service principally assisting in the administration of this Act; "; (c) by deleting the definition of "Director-General". page 33 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 4 Community Development, Women's Interests, Seniors and Youth, and Disability Services Division 3 Community Services Act 1972 s. 96 96. Section 4 repealed Section 4 is repealed. 97. Section 5 amended Section 5(2) is amended by deleting "and he shall be the chief 5 executive officer of the Department". 98. Section 6 replaced Section 6 is repealed and the following sections are inserted instead -- " 10 6. The Community Development Ministerial Body (1) The Community Development Ministerial Body is established. (2) The Ministerial Body is a body corporate with perpetual succession. 15 (3) Proceedings may be taken by or against the Ministerial Body in its corporate name. (4) The Ministerial Body is to be governed by the Minister. (5) The Ministerial Body is an agent of the State and has 20 the status, immunities and privileges of the State. 6AA. Purpose and nature of the Ministerial Body (1) The Ministerial Body is established to provide a body corporate through which the Minister can perform any of the Minister's functions under this Act that can more 25 conveniently be performed by a body corporate than an individual. (2) Despite the employment under the Public Sector Management Act 1994 of ministerial officers for the purpose of assisting the Minister to perform functions page 34 Machinery of Government (Miscellaneous Amendments) Bill 2003 Community Development, Women's Interests, Seniors and Part 4 Youth, and Disability Services Community Services Act 1972 Division 3 s. 98 that the Minister performs through the Ministerial Body, the Ministerial Body and those officers are not an organisation for the purposes of that Act. 6AB. Execution of documents by the Ministerial Body 5 (1) The Ministerial Body is to have a common seal. (2) A document is duly executed by the Ministerial Body if -- (a) the common seal of the Ministerial Body is affixed to it in accordance with subsections (3) 10 and (4); (b) it is signed on behalf of the Ministerial Body by the Minister; or (c) it is signed on behalf of the Ministerial Body, as authorised under subsection (5), by the CEO 15 or another officer of the Department. (3) The common seal of the Ministerial Body is not to be affixed to a document except as authorised by the Ministerial Body. (4) The common seal of the Ministerial Body is to be 20 affixed to a document in the presence of the Minister, and the Minister is to sign the document to attest that the common seal was so affixed. (5) The Ministerial Body may, by writing under its common seal, authorise the CEO or another officer of 25 the Department to sign documents on behalf of the Ministerial Body, either generally or subject to any conditions or restrictions specified in the authorisation. (6) A document purporting to be executed in accordance with this section is to be presumed to be duly executed 30 until the contrary is shown. page 35 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 4 Community Development, Women's Interests, Seniors and Youth, and Disability Services Division 3 Community Services Act 1972 s. 99 (7) A document executed by the CEO or another person under this section without the common seal of the Ministerial Body is not to be regarded as a deed unless it is executed as a deed as authorised under 5 subsection (5). (8) When a document is produced bearing a seal purporting to be the common seal of the Ministerial Body, it is to be presumed that the seal is the common seal of the Ministerial Body until the contrary is 10 shown. (9) For the purposes of this Act, a facsimile of -- (a) the Ministerial Body's common seal; or (b) the signature of the Minister or a person authorised under subsection (5) to execute 15 deeds or other documents, may be used, and a deed or other document purporting to be endorsed with such a facsimile is, until the contrary is shown, to be regarded as bearing the facsimile under this subsection. 20 ". 99. Section 6A amended After section 6A(1) the following subsection is inserted -- " (1a) Without limiting the things that may be delegated to 25 the CEO under subsection (1), they include things that are to be done in the course of governing the affairs of the Ministerial Body under section 6(4). ". 100. Section 7 repealed 30 Section 7 is repealed. page 36 Machinery of Government (Miscellaneous Amendments) Bill 2003 Community Development, Women's Interests, Seniors and Part 4 Youth, and Disability Services Community Services Act 1972 Division 3 s. 101 101. Section 8 amended (1) Section 8(1) and (2) are repealed. (2) Section 8(3) is amended by deleting "Department" and inserting instead -- 5 " CEO ". (3) Section 8(4) is amended by deleting "Department to carry out effectively its" and inserting instead -- " CEO to carry out effectively the CEO's ". 102. Section 10 amended 10 Section 10 is amended by deleting "Department are" and inserting instead -- " CEO include ". 103. Section 11 repealed Section 11 is repealed. 15 104. Section 20 amended Section 20(1) is amended by inserting after "powers or functions" -- " under this or any other Act ". 105. Section 22 amended 20 Section 22(1) is amended by deleting "and the Department". 106. Sections 23 and 24 amended Sections 23 and 24 are amended by deleting "Director-General, the Assistant Director-General" and inserting instead -- " CEO ". page 37 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 4 Community Development, Women's Interests, Seniors and Youth, and Disability Services Division 4 Disability Services Act 1993 s. 107 107. Various references to Director-General changed to CEO Each provision listed in the Table to this section is amended by deleting "Director-General" in each place where it occurs and inserting instead -- 5 " CEO ". Table s. 3 (defn. of "delegate") s. 17C(1), (2) and (4)(b) s. 5(2) s. 17D(4) s. 13 s. 18 s. 14(1) and (2) s. 19(1), (2) and (3) s. 15(a) and (b) s. 20(1), (2), (3), (4), (5) and s. 16 (6) s. 17B(1), (2), (3), (4), (5) and s. 22(1) (6) s. 25(m) Note: The headings to sections 13, 14 and 17B will be altered by deleting "Director-General" and inserting instead "CEO". Division 4 -- Disability Services Act 1993 10 108. The Act amended The amendments in this Division are to the Disability Services Act 1993*. [* Reprinted as at 26 May 2000. For subsequent amendments see Western Australian 15 Legislation Information Tables for 2002, Table 1, p. 105.] 109. Section 15 amended Section 15(2) is amended as follows: (a) by deleting "at either"; (b) in paragraph (a) by deleting "the Treasury and"; page 38 Machinery of Government (Miscellaneous Amendments) Bill 2003 Community Development, Women's Interests, Seniors and Part 4 Youth, and Disability Services Welfare and Assistance Act 1961 Division 5 s. 110 (c) in paragraph (b) by inserting before "a bank" -- " at ". 110. Section 30 amended Section 30 is amended by deleting the definition of "Health 5 Department" and inserting instead -- " "Health Department" has the meaning given to "Department" by section 3 of the Health Legislation Administration Act 1984; 10 ". 111. Section 52 amended (1) Section 52(1)(bc)(i) is amended by deleting "Director-General" and inserting instead -- " 15 CEO as defined in section 4(1) of the Child Welfare Act 1947 ". (2) Section 52(3) is amended by deleting ", "Department", and "Director-General" " and inserting instead -- 20 " and "Department" ". Division 5 -- Welfare and Assistance Act 1961 112. The Act amended The amendments in this Division are to the Welfare and Assistance Act 1961*. 25 [* Reprinted as at 16 November 2001.] page 39 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 4 Community Development, Women's Interests, Seniors and Youth, and Disability Services Division 5 Welfare and Assistance Act 1961 s. 113 113. Section 4 amended Section 4 is amended as follows: (a) by inserting the following definition in the appropriate alphabetical position -- 5 " "CEO" means the chief executive officer of the Department; "; (b) by deleting the definition of "Department" and inserting 10 instead -- " "Department" has the meaning given by section 3 of the Community Services Act 1972; "; 15 (c) by deleting the definition of "Director-General". 114. Section 30 amended Section 30(1) is amended by deleting "Director-General or Assistant Director-General" and inserting instead -- " CEO ". 20 115. Various references to Director-General changed to CEO Each provision listed in the Table to this section is amended by deleting "Director-General" in each place where it occurs and inserting instead -- " CEO ". 25 Table s. 7(1) s. 31 s. 9(1) s. 32 s. 15(1)(a) and (3) s. 33 s. 18(1) and (2) page 40 Machinery of Government (Miscellaneous Amendments) Bill 2003 Community Development, Women's Interests, Seniors and Part 4 Youth, and Disability Services Transitional provisions Division 6 s. 116 Division 6 -- Transitional provisions 116. The incorporated Minister The Community Development Ministerial Body established by section 5A of the Community Services Act 1972 (as in force 5 after commencement) is a continuation of, and the same legal person as, the body corporate referred to in section 6 of that Act (as in force before commencement). 117. Director-General of Community Services A thing done or omitted to be done by, to or in relation to the 10 Director-General before commencement under, or for the purposes of, an enactment has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done or omitted by, to or in relation to the CEO. 15 118. The Department The repeal of section 4 of the Community Services Act 1972 does not affect the continuation of the Department established by that section, and it may be dealt with as if established under the Public Sector Management Act 1994. 20 119. Interpretation In this Division -- "CEO" has the meaning given by section 3 of the Community Services Act 1972 (as in force after commencement); "commencement" means the time at which section 94 comes 25 into operation; "Director-General" has the meaning given by section 3 of the Community Services Act 1972 (as in force before commencement). page 41 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 1 Associations Incorporation Act 1987 s. 120 Part 5 -- Consumer and Employment Protection Division 1 -- Associations Incorporation Act 1987 120. The Act amended The amendments in this Division are to the Associations 5 Incorporation Act 1987*. [* Reprinted as at 20 August 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 25, and Act No. 20 of 2003.] 10 121. Section 3 amended Section 3(1) is amended as follows: (a) by inserting the following definition in the appropriate alphabetical position -- " 15 "Department" means the department of the Public Service principally assisting in the administration of this Act; "; (b) by deleting the definition of "Commissioner" and 20 inserting instead -- " "Commissioner" means the person for the time being designated as the Commissioner under section 39A; 25 ". page 42 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Associations Incorporation Act 1987 Division 1 s. 122 122. Sections 39A to 39E inserted After section 39 the following sections are inserted in Part VII -- " 5 39A. Commissioner (1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of this Act. 10 (2) The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette. (3) In this section -- "executive officer" has the meaning given by 15 section 3(1) of the Public Sector Management Act 1994. 39B. Delegation by Commissioner (1) The Commissioner may delegate to any other person employed in the Department any power or duty of the 20 Commissioner under another provision of this Act. (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. 25 (4) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. page 43 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 1 Associations Incorporation Act 1987 s. 122 (5) Nothing in this section limits the ability of the Commissioner to perform a function through an officer or agent. 39C. Information officially obtained to be confidential 5 (1) A person who misuses information obtained by reason of any function that person has, or at any time had, in the administration of this Act, or the repealed Act, commits an offence. Penalty: $20 000. 10 (2) A person misuses information if it is, directly or indirectly, recorded, used, or disclosed to another person, other than -- (a) in the course of duty; (b) under this Act; 15 (c) for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence; (d) in a manner that could not reasonably be expected to lead to the identification of any 20 person to whom the information refers; or (e) with the consent of the person to whom the information relates, or each of them if there is more than one. (3) In this section -- 25 "information" means information concerning the affairs of a person. 39D. Protection from liability for wrongdoing (1) A person is not liable for anything that the person has, in good faith, done in the performance or purported 30 performance of a function under this Act, or the repealed Act. page 44 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Builders' Registration Act 1939 Division 2 s. 123 (2) The State is also relieved of any liability that it might otherwise have had for another person having done anything as described in subsection (1). (3) The protection given by this section applies even 5 though the thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted. (4) In this section, a reference to the doing of anything includes a reference to an omission to do anything. 10 39E. Judicial notice All courts, judges and persons acting judicially shall take judicial notice of the official signature of every person who is for the time being and every person who has at any time been the Commissioner and of the fact 15 that such person holds or has held such office. ". Division 2 -- Builders' Registration Act 1939 123. The Act amended The amendments in this Division are to the Builders' 20 Registration Act 1939*. [* Reprinted as at 11 January 2002.] 124. Section 4A amended Section 4A(5) is amended by deleting "Commissioner for Fair Trading appointed under section 15" and inserting instead -- 25 " Commissioner as defined in section 4(1) ". page 45 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 3 Business Names Act 1962 s. 125 125. Section 37 amended Section 37(3) is amended by deleting "Commissioner for Fair Trading referred to in section 15" and inserting instead -- " Commissioner as defined in section 4(1) ". 5 Division 3 -- Business Names Act 1962 126. The Act amended The amendments in this Division are to the Business Names Act 1962*. [* Reprinted as at 16 February 2001. 10 For subsequent amendments see Act No. 20 of 2003.] 127. Section 4 amended Section 4(1) is amended as follows: (a) by inserting the following definition in the appropriate alphabetical position -- 15 " "Department" means the department of the Public Service principally assisting in the administration of this Act; "; 20 (b) by deleting the definition of "Commissioner" and inserting instead -- " "Commissioner" means the person for the time being designated as the Commissioner under 25 section 4AA; ". page 46 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Business Names Act 1962 Division 3 s. 128 128. Section 4AA inserted After section 4 the following section is inserted -- " 4AA. Commissioner 5 (1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of this Act. (2) The Commissioner may be referred to by a title 10 specified by the Minister by notice published in the Gazette. (3) In this section -- "executive officer" has the meaning given by section 3(1) of the Public Sector Management 15 Act 1994. ". 129. Sections 31A to 31D inserted After section 31 the following sections are inserted -- " 20 31A. Delegation by Commissioner (1) The Commissioner may delegate to any other person employed in the Department any power or duty of the Commissioner under another provision of this Act. (2) The delegation must be in writing signed by the 25 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 page 47 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 3 Business Names Act 1962 s. 129 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 5 or agent. 31B. Information officially obtained to be confidential (1) A person who misuses information obtained by reason of any function that person has, or at any time had, in the administration of this Act commits an offence. 10 Penalty: $20 000. (2) A person misuses information if it is, directly or indirectly, recorded, used, or disclosed to another person, other than -- (a) in the course of duty; 15 (b) under this Act; (c) for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence; (d) in a manner that could not reasonably be 20 expected to lead to the identification of any person to whom the information refers; or (e) with the consent of the person to whom the information relates, or each of them if there is more than one. 25 (3) In this section -- "information" means information concerning the affairs of a person. page 48 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Chattel Securities Act 1987 Division 4 s. 130 31C. Protection from liability for wrongdoing (1) A person is not liable for anything that the person has, in good faith, done in the performance or purported performance of a function under this Act. 5 (2) The State is also relieved of any liability that it might otherwise have had for another person having done anything as described in subsection (1). (3) The protection given by this section applies even though the thing done as described in subsection (1) 10 may have been capable of being done whether or not this Act had been enacted. (4) In this section, a reference to the doing of anything includes a reference to an omission to do anything. 31D. Application of certain provisions of the Consumer 15 Affairs Act 1971 Sections 19, 20, 21, 22 and 23A of the Consumer Affairs Act 1971 apply, with such modifications as are necessary, to and in relation to the functions of the Commissioner and persons and matters affected by the 20 exercise of those functions as if the sections were part of this Act. ". Division 4 -- Chattel Securities Act 1987 130. The Act amended 25 The amendments in this Division are to the Chattel Securities Act 1987*. [* Reprinted as at 13 December 2002. For subsequent amendments see Act No. 20 of 2003.] page 49 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 4 Chattel Securities Act 1987 s. 131 131. Section 3 amended Section 3(1) is amended as follows: (a) by inserting the following definition in the appropriate alphabetical position -- 5 " "Department" means the department of the Public Service principally assisting in the administration of this Act; "; 10 (b) by deleting the definition of "Commissioner" and inserting instead -- " "Commissioner" means the person for the time being designated as the Commissioner under section 3A; 15 ". 132. Section 3A inserted After section 3 the following section is inserted in Part I -- " 3A. Commissioner 20 (1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of this Act. (2) The Commissioner may be referred to by a title 25 specified by the Minister by notice published in the Gazette. page 50 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Chattel Securities Act 1987 Division 4 s. 133 (3) In this section -- "executive officer" has the meaning given by section 3(1) of the Public Sector Management Act 1994. 5 ". 133. Heading to Part IV inserted After section 28 the following heading is inserted -- " Part IV -- Miscellaneous 10 ". 134. Sections 30A to 30D inserted After section 30 the following sections are inserted -- " 30A. Delegation by Commissioner 15 (1) The Commissioner may delegate to any other person employed in the Department any power or duty of the Commissioner under another provision of this Act. (2) The delegation must be in writing signed by the Commissioner. 20 (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 be taken to do so in accordance with the terms of the 25 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. page 51 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 4 Chattel Securities Act 1987 s. 134 30B. Information officially obtained to be confidential (1) A person who misuses information obtained by reason of any function that person has, or at any time had, in the administration of this Act commits an offence. 5 Penalty: $20 000. (2) A person misuses information if it is, directly or indirectly, recorded, used, or disclosed to another person, other than -- (a) in the course of duty; 10 (b) under this Act; (c) for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence; (d) in a manner that could not reasonably be 15 expected to lead to the identification of any person to whom the information refers; or (e) with the consent of the person to whom the information relates, or each of them if there is more than one. 20 (3) In this section -- "information" means information concerning the affairs of a person. 30C. Protection from liability for wrongdoing (1) Subject to sections 24 and 25, a person is not liable for 25 anything that the person has, in good faith, done in the performance or purported performance of a function under this Act. (2) Subject to sections 24 and 25, the State is also relieved of any liability that it might otherwise have had for 30 another person having done anything as described in subsection (1). page 52 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Companies (Co-operative) Act 1943 Division 5 s. 135 (3) The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted. 5 (4) In this section, a reference to the doing of anything includes a reference to an omission to do anything. 30D. Application of certain provisions of the Consumer Affairs Act 1971 Sections 19, 20, 21, 22 and 23A of the Consumer 10 Affairs Act 1971 apply, with such modifications as are necessary, to and in relation to the functions of the Commissioner and persons and matters affected by the exercise of those functions as if the sections were part of this Act. 15 ". Division 5 -- Companies (Co-operative) Act 1943 135. The Act amended The amendments in this Division are to the Companies (Co-operative) Act 1943*. 20 [* Reprinted as at 14 January 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 63, and Act No. 28 of 2003 and Gazette 27 June 2003 p. 2545-7.] page 53 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 5 Companies (Co-operative) Act 1943 s. 136 136. Section 3 amended Section 3 is amended as follows: (a) by inserting the following definition in the appropriate alphabetical position -- 5 " "Department" means the department of the Public Service principally assisting in the administration of this Act. "; 10 (b) by deleting the definition of "Registrar" and inserting instead -- " "Registrar" means the person for the time being designated as the Registrar under section 3A. 15 ". 137. Division 1A inserted After section 3 the following Division is inserted -- " Division 1A -- Administration 20 3A. Registrar (1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Registrar for the purposes of this Act. 25 (2) The Registrar may be referred to by a title specified by the Minister by notice published in the Gazette. (3) In this section -- "executive officer" has the meaning given by section 3(1) of the Public Sector Management 30 Act 1994. page 54 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Companies (Co-operative) Act 1943 Division 5 s. 137 3B. Delegation by Registrar (1) The Registrar may delegate to any other person employed in the Department any power or duty of the Registrar under another provision of this Act. 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. 3C. Information officially obtained to be confidential (1) A person who misuses information obtained by reason of any function that person has, or at any time had, in the administration of this Act commits an offence. 20 Penalty: $20 000. (2) A person misuses information if it is, directly or indirectly, recorded, used, or disclosed to another person, other than -- (a) in the course of duty; 25 (b) under this Act; (c) for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence; (d) in a manner that could not reasonably be 30 expected to lead to the identification of any person to whom the information refers; or page 55 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 5 Companies (Co-operative) Act 1943 s. 138 (e) with the consent of the person to whom the information relates, or each of them if there is more than one. (3) In this section -- 5 "information" means information concerning the affairs of a person. 3D. Protection from liability for wrongdoing (1) A person is not liable for anything that the person has, in good faith, done in the performance or purported 10 performance of a function under this Act. (2) The State is also relieved of any liability that it might otherwise have had for another person having done anything as described in subsection (1). (3) The protection given by this section applies even 15 though the thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted. (4) In this section, a reference to the doing of anything includes a reference to an omission to do anything. 20 3E. Judicial notice All courts, judges and persons acting judicially shall take judicial notice of the official signature of every person who is for the time being and every person who has at any time been the Registrar and of the fact that 25 such person holds or has held such office. ". 138. Section 391 repealed and consequential amendments (1) Section 391 is repealed. (2) Sections 25(1), 26(1)(b), 30(6), 319, 329(1)(d), 331(1) and (3), 30 373(d) and (g) and 392(2) are amended by deleting "and seal". page 56 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Competition Policy Reform (Western Australia) Act 1996 Division 6 s. 139 Division 6 -- Competition Policy Reform (Western Australia) Act 1996 139. The Act amended The amendments in this Division are to the Competition Policy 5 Reform (Western Australia) Act 1996*. [* Reprinted as at 6 July 2001. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 64.] 140. Section 45 amended 10 Section 45 is amended by deleting the definition of "Commissioner" and inserting instead -- " "Commissioner" means the person for the time being designated as the Commissioner under section 58; 15 ". 141. Division 5 inserted After section 57 the following Division is inserted -- " Division 5 -- Commissioner 20 58. Commissioner (1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of this Part. 25 (2) The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette. (3) In this section -- "executive officer" has the meaning given by 30 section 3(1) of the Public Sector Management Act 1994. page 57 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 6 Competition Policy Reform (Western Australia) Act 1996 s. 141 59. Delegation by Commissioner (1) The Commissioner may delegate to any other person employed in the Department any power or duty of the Commissioner under another provision of this Part. 5 (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 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 Commissioner to perform a function through an officer 15 or agent. 60. Information officially obtained to be confidential (1) A person who misuses information obtained by reason of any function that person has, or at any time had, in the administration of this Part commits an offence. 20 Penalty: $20 000. (2) A person misuses information if it is, directly or indirectly, recorded, used, or disclosed to another person, other than -- (a) in the course of duty; 25 (b) under this Act; (c) for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence; (d) in a manner that could not reasonably be 30 expected to lead to the identification of any person to whom the information refers; or page 58 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Competition Policy Reform (Western Australia) Act 1996 Division 6 s. 141 (e) with the consent of the person to whom the information relates, or each of them if there is more than one. (3) In this section -- 5 "information" means information concerning the affairs of a person. 61. Protection from liability for wrongdoing (1) A person is not liable for anything that the person has, in good faith, done in the performance or purported 10 performance of a function under this Part. (2) The State is also relieved of any liability that it might otherwise have had for another person having done anything as described in subsection (1). (3) The protection given by this section applies even 15 though the thing done as described in subsection (1) may have been capable of being done whether or not this Part had been enacted. (4) In this section, a reference to the doing of anything includes a reference to an omission to do anything. 20 62. Judicial notice All courts, judges and persons acting judicially shall take judicial notice of the official signature of every person who is for the time being and every person who has at any time been the Commissioner and of the fact 25 that such person holds or has held such office. ". page 59 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 7 Consumer Affairs Act 1971 s. 142 Division 7 -- Consumer Affairs Act 1971 142. The Act amended The amendments in this Division are to the Consumer Affairs Act 1971*. 5 [* Reprinted as at 25 March 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 77.] 143. Long title amended The long title is amended by deleting "appointment of a 10 Commissioner for Fair Trading" and inserting instead -- " protection of the interests of consumers ". 144. Section 4 amended Section 4(1) is amended by deleting the definition of "Commissioner" and inserting instead -- 15 " "Commissioner" means the person for the time being designated as the Commissioner under section 15; ". 145. Section 5 amended 20 Section 5(2) is amended by deleting "the person for the time being holding the office of " . 146. Heading to Part III replaced The heading to Part III is repealed and the following heading is inserted instead -- 25 " Part III -- Administrative provisions ". page 60 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Consumer Affairs Act 1971 Division 7 s. 147 147. Sections 15 to 17 replaced Sections 15, 15A and 17 are repealed and the following sections are inserted instead -- " 5 15. Commissioner (1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of this Act. 10 (2) The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette. (3) In this section -- "executive officer" has the meaning given by 15 section 3(1) of the Public Sector Management Act 1994. 16. Functions of the Commissioner (1) The functions of the Commissioner include -- (a) to promote the interests of consumers and to 20 assist them to a greater awareness in relation to their assessment and use of goods and services; (b) to collect, collate and disseminate information in respect of matters affecting the interests of consumers; 25 (c) to receive complaints from consumers concerning matters affecting their interests as consumers, to consider and, if the Commissioner considers it warranted, to investigate those complaints and to take such 30 action in respect of those complaints as seems proper to the Commissioner; page 61 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 7 Consumer Affairs Act 1971 s. 147 (d) to receive complaints of fraudulent or deceptive practices in relation to matters that affect or are likely to affect the interests of consumers and to make such investigations and inquiries and to 5 take such other action in respect of those complaints as seems proper to the Commissioner; (e) to advise and assist consumers who seek from the Commissioner information or guidance on 10 matters affecting their interests as consumers; (f) to encourage and undertake the dissemination of information concerning consumer affairs to producers, manufacturers and suppliers of goods or services; 15 (g) to perform such other functions as are imposed on the Commissioner by this Act or the Fair Trading Act 1987. (2) Without limiting the generality of subsection (1), the Commissioner is to -- 20 (a) make such recommendations to the Minister as the Commissioner considers necessary or desirable in the interests of consumers and in particular investigate and make recommendations to the Minister in relation to 25 any matters that concern the need for or desirability of legislative or administrative action in the interests of consumers; (b) advise the Minister on such matters affecting the interests of consumers as the Minister may 30 refer to the Commissioner; (c) make recommendations to the Minister for the establishment and maintenance of means by which -- (i) matters that affect the interests of 35 consumers and of persons engaged in page 62 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Consumer Affairs Act 1971 Division 7 s. 147 the production, manufacture, preparation or supply of goods or in commerce or in the provision of services may receive adequate 5 consideration; and (ii) information concerning those matters and considerations may be disseminated at large. (3) The Commissioner may cooperate, associate or consult 10 with organisations that have the power to make investigations of the nature referred to in subsection (2)(a). 17. Power of Commissioner to publish warnings about unsatisfactory or dangerous goods and services etc. 15 (1) The Commissioner may publish (in any form) a statement identifying and giving warnings or information about any of the following -- (a) goods that are unsatisfactory or dangerous and persons who supply or are likely to supply 20 those goods; (b) services supplied in an unsatisfactory or dangerous manner and persons who supply or are likely to supply those services; (c) unfair business practices and persons who 25 engage or are likely to engage in those practices; (d) any other matter which adversely affects or may adversely affect the interests of consumers in connection with the acquisition by them of 30 goods or services. (2) A statement under subsection (1) may identify particular goods, services, business practices and persons. page 63 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 7 Consumer Affairs Act 1971 s. 148 (3) The Commissioner is not to make or issue a statement under this section unless satisfied that it is in the public interest to do so. ". 5 148. Section 23 replaced Section 23 is repealed and the following section is inserted instead -- " 23. Delegation by Commissioner 10 (1) The Commissioner may delegate to any other person employed in the Department any power or duty of the Commissioner under a provision of this or any other Act, other than this power of delegation. (2) The delegation must be in writing signed by the 15 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 20 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. 25 ". page 64 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Consumer Affairs Act 1971 Division 7 s. 149 149. Section 24 replaced Section 24 is repealed and the following section is inserted instead -- " 5 24. Information officially obtained to be confidential (1) A person who misuses information obtained by reason of any function that person has, or at any time had, under or in accordance with this Act or the Fair Trading Act 1987 commits an offence. 10 Penalty: $20 000. (2) A person misuses information if it is, directly or indirectly, recorded, used, or disclosed to another person, other than -- (a) in the course of duty; 15 (b) under this Act or the Fair Trading Act 1987; (c) for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence; (d) in a manner that could not reasonably be 20 expected to lead to the identification of any person to whom the information refers; or (e) with the consent of the person to whom the information relates, or each of them if there is more than one. 25 (3) In this section -- "information" means information concerning the affairs of a person. ". page 65 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 8 Co-operative and Provident Societies Act 1903 s. 150 150. Section 25 amended (1) Section 25 is amended as follows: (a) by inserting before "Subject" the subsection designation "(1)"; 5 (b) in paragraph (b) by inserting after "statement" -- " made or "; (c) by inserting after "operations of the Committee or of the Department" -- " 10 or the administration of this Act or the Fair Trading Act 1987 ". (2) At the end of section 25 the following subsections are inserted -- 15 " (2) No liability is incurred by a person for publishing in good faith -- (a) a statement referred to in subsection (1)(b); or (b) a fair report or summary of such a statement. 20 (3) In this section -- "liability" includes liability for defamation. Division 8 -- Co-operative and Provident Societies Act 1903 151. The Act amended The amendments in this Division are to the Co-operative and 25 Provident Societies Act 1903*. [* Reprinted as at 7 September 2001. For subsequent amendments see Acts Nos. 20 and 28 of 2003.] page 66 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Co-operative and Provident Societies Act 1903 Division 8 s. 152 152. Section 2 amended Section 2 is amended as follows: (a) by inserting the following definitions in the appropriate alphabetical positions -- 5 " "Department" means the department of the Public Service principally assisting in the administration of this Act; "Registrar" means the person for the time being 10 designated as the Registrar under section 67; "; (b) in the definition of "The Minister" by deleting "being;" and inserting instead -- " being. "; 15 (c) by deleting the definition of "The Registrar". 153. Sections 67 to 71 inserted After section 66 the following sections are inserted -- " 67. Registrar 20 (1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Registrar for the purposes of this Act. (2) The Registrar may be referred to by a title specified by 25 the Minister by notice published in the Gazette. (3) In this section -- "executive officer" has the meaning given by section 3(1) of the Public Sector Management Act 1994. page 67 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 8 Co-operative and Provident Societies Act 1903 s. 153 68. Delegation by Registrar (1) The Registrar may delegate to any other person employed in the Department any power or duty of the Registrar under another provision of this Act. 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. 69. Information officially obtained to be confidential (1) A person who misuses information obtained by reason of any function that person has, or at any time had, in the administration of this Act commits an offence. 20 Penalty: $20 000. (2) A person misuses information if it is, directly or indirectly, recorded, used, or disclosed to another person, other than -- (a) in the course of duty; 25 (b) under this Act; (c) for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence; (d) in a manner that could not reasonably be 30 expected to lead to the identification of any person to whom the information refers; or page 68 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Co-operative and Provident Societies Act 1903 Division 8 s. 153 (e) with the consent of the person to whom the information relates, or each of them if there is more than one. (3) In this section -- 5 "information" means information concerning the affairs of a person. 70. Protection from liability for wrongdoing (1) A person is not liable for anything that the person has, in good faith, done in the performance or purported 10 performance of a function under this Act. (2) The State is also relieved of any liability that it might otherwise have had for another person having done anything as described in subsection (1). (3) The protection given by this section applies even 15 though the thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted. (4) In this section, a reference to the doing of anything includes a reference to an omission to do anything. 20 71. Judicial notice All courts, judges and persons acting judicially shall take judicial notice of the official signature of every person who is for the time being and every person who has at any time been the Registrar and of the fact that 25 such person holds or has held such office. ". page 69 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 9 Credit Act 1984 s. 154 Division 9 -- Credit Act 1984 154. The Act amended The amendments in this Division are to the Credit Act 1984*. [* Reprinted as at 6 April 2001. 5 For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 87, and Act No. 28 of 2003.] 155. Section 5 amended Section 5(1) is amended as follows: 10 (a) by inserting the following definition in the appropriate alphabetical position -- " "Department" has the meaning given by section 4 of the Credit (Administration) Act 1984; 15 "; (b) by deleting the definition of "Commissioner" and inserting instead -- " "Commissioner" has the meaning given by section 4 20 of the Credit (Administration) Act 1984; ". Division 10 -- Credit (Administration) Act 1984 156. The Act amended The amendments in this Division are to the Credit 25 (Administration) Act 1984*. [* Reprinted as at 5 May 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 88, and Act No. 43 of 2003.] page 70 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Credit (Administration) Act 1984 Division 10 s. 157 157. Section 4 amended Section 4 is amended as follows: (a) by inserting the following definition in the appropriate alphabetical position -- 5 " "Department" means the department of the Public Service principally assisting in the administration of this Act; "; 10 (b) by deleting the definition of "Commissioner" and inserting instead -- " "Commissioner" means the person for the time being designated as the Commissioner under section 53; 15 ". 158. Section 10 amended Section 10(3) is amended by deleting "for Fair Trading" in the 3 places where it occurs. 159. Section 53 replaced 20 Section 53 is repealed and the following sections are inserted instead -- " 53. Commissioner (1) The Minister is required, by notice published in the 25 Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of the cognate Acts. (2) The Commissioner may be referred to by a title specified by the Minister by notice published in the 30 Gazette. page 71 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 10 Credit (Administration) Act 1984 s. 159 (3) Without limiting any other functions of the Commissioner for the purposes of the cognate Acts, the Commissioner has the following functions -- (a) to investigate and conduct research into matters 5 relating to the cognate Acts; (b) to publish reports and disseminate information on matters relating to the cognate Acts; (c) to give advice to consumers on the provisions of the cognate Acts; 10 (d) to investigate and attempt to resolve complaints arising under the cognate Acts and to take action by negotiation, prosecution of any offence or otherwise; (e) to make reports to the Minister on matters of 15 importance investigated by the Commissioner, whether or not referred to the Commissioner by the Minister. (4) In this section -- "executive officer" has the meaning given by 20 section 3(1) of the Public Sector Management Act 1994. 53A. Delegation by Commissioner (1) The Commissioner may delegate to any other person employed in the Department any power or duty of the 25 Commissioner under another provision of the cognate Acts. (2) The delegation must be in writing signed by the Commissioner. (3) A person to whom a power or duty is delegated under 30 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 page 72 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Credit (Administration) Act 1984 Division 10 s. 160 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 5 or agent. 53B. Judicial notice All courts, judges and persons acting judicially shall take judicial notice of the official signature of every person who is for the time being and every person who 10 has at any time been the Commissioner and of the fact that such person holds or has held such office. ". 160. Section 54 amended (1) Section 54(1) is amended by deleting "an authorised officer 15 appointed under the Consumer Affairs Act 1971,". (2) Section 54(2) is amended by deleting ", or an authorised officer or" and inserting instead -- " or an ". (3) Section 54(3)(a) is amended by deleting "officer" and inserting 20 instead -- " person ". 161. Section 56 amended (1) Section 56(1) is amended as follows: (a) in paragraph (c) by inserting after "Commissioner" -- 25 " or a delegate of the Commissioner "; (b) in paragraph (d) by deleting "54(1) or". page 73 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 10 Credit (Administration) Act 1984 s. 161 (2) Section 56(2) is repealed and the following subsections are inserted instead -- " (2) A person to whom this section applies shall not misuse 5 information obtained by reason of any function that person has, or at any time had, in the administration of the cognate Acts. Penalty: $20 000. (3) A person misuses information if it is, directly or 10 indirectly, recorded, used or disclosed to another person, other than -- (a) in the course of duty; (b) under -- (i) the cognate Acts, the Consumer Affairs 15 Act 1971, the Commercial Tribunal Act 1984; or (ii) the corresponding Acts, or proposed laws, of the legislature of the Commonwealth or of another State or of 20 a Territory; (c) for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence; (d) in a manner that could not reasonably be 25 expected to lead to the identification of any person to whom the information refers; or (e) with the consent of the person to whom the information relates, or each of them if there is more than one. 30 (4) In this section -- "information" means information concerning the affairs of a person. ". page 74 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Employers' Indemnity Supplementation Fund Act 1980 Division 11 s. 162 162. Section 56A inserted After section 56 the following section is inserted -- " 56A. Protection from liability for wrongdoing 5 (1) A person is not liable for anything that the person has, in good faith, done in the performance or purported performance of a function under this Act. (2) The State is also relieved of any liability that it might otherwise have had for another person having done 10 anything as described in subsection (1). (3) The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Part had been enacted. 15 (4) In this section, a reference to the doing of anything includes a reference to an omission to do anything. ". Division 11 -- Employers' Indemnity Supplementation Fund Act 1980 20 163. The Act amended The amendment in this Division is to the Employers' Indemnity Supplementation Fund Act 1980*. [* Reprint 2 as at 16 May 2003.] 164. Section 5 amended 25 Section 5(1) is amended by deleting "at the Treasury". page 75 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 12 Employment Agents Act 1976 s. 165 Division 12 -- Employment Agents Act 1976 165. The Act amended The amendments in this Division are to the Employment Agents Act 1976*. 5 [* Reprinted as at 26 October 2001.] 166. Section 4 amended Section 4(1) is amended by deleting the definitions of "Commissioner" and "Department" and inserting instead -- " 10 "Commissioner" means the person for the time being designated as the Commissioner under section 9A; "Department" means the department of the Public Service principally assisting in the administration of this Act; 15 ". 167. Section 9A inserted After section 9 the following section is inserted -- " 9A. Commissioner 20 (1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of this Act. (2) The Commissioner may be referred to by a title 25 specified by the Minister by notice published in the Gazette. page 76 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Employment Agents Act 1976 Division 12 s. 168 (3) In this section -- "executive officer" has the meaning given by section 3(1) of the Public Sector Management Act 1994. 5 ". 168. Section 48 replaced Section 48 is repealed and the following sections are inserted instead -- " 10 48. Information officially obtained to be confidential (1) A person who misuses information obtained by reason of any function that person has, or at any time had, in the administration of this Act commits an offence. Penalty: $20 000. 15 (2) A person misuses information if it is, directly or indirectly, recorded, used, or disclosed to another person, other than -- (a) in the course of duty; (b) under this Act; 20 (c) for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence; (d) in a manner that could not reasonably be expected to lead to the identification of any 25 person to whom the information refers; or (e) with the consent of the person to whom the information relates, or each of them if there is more than one. (3) In this section -- 30 "information" means information concerning the affairs of a person. page 77 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 12 Employment Agents Act 1976 s. 169 48A. Delegation by Commissioner (1) The Commissioner may delegate to any other person employed in the Department any power or duty of the Commissioner under another provision of this Act. 5 (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 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 Commissioner to perform a function through an officer 15 or agent. ". 169. Section 49A inserted After section 49 the following section is inserted -- " 20 49A. Judicial notice All courts, judges and persons acting judicially shall take judicial notice of the official signature of every person who is for the time being and every person who has at any time been the Commissioner and of the fact 25 that such person holds or has held such office. ". page 78 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Fair Trading Act 1987 Division 13 s. 170 Division 13 -- Fair Trading Act 1987 170. The Act amended The amendments in this Division are to the Fair Trading Act 1987*. 5 [* Reprinted as at 16 November 2001.] 171. Section 5 amended Section 5(1) is amended as follows: (a) by inserting the following definition in the appropriate alphabetical position -- 10 " "Department" has the meaning given by section 4(1) of the Consumer Affairs Act 1971; "; (b) by deleting the definition of "Commissioner" and 15 inserting instead -- " "Commissioner" has the meaning given by section 4(1) of the Consumer Affairs Act 1971; "; 20 (c) by deleting the definition of "investigator". 172. Section 73 amended Section 73(10)(a) is amended by deleting "of Consumer Affairs". 173. Section 75 amended 25 Section 75(1)(b) is amended by deleting "Commissioner" and inserting instead -- " Minister ". page 79 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 14 Hire-Purchase Act 1959 s. 174 Division 14 -- Hire-Purchase Act 1959 174. The Act amended The amendments in this Division are to the Hire-Purchase Act 1959*. 5 [* Reprinted as at 12 March 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 171.] 175. Section 2 amended Section 2(1) is amended as follows: 10 (a) by inserting the following definition in the appropriate alphabetical position -- " "Department" means the department of the Public Service principally assisting in the administration 15 of this Act; "; (b) by deleting the definition of "Commissioner" and inserting instead -- " 20 "Commissioner" means the person for the time being designated as the Commissioner under section 23A; "; (c) by deleting the definition of "Deputy Commissioner". 25 176. Section 18 amended (1) Section 18(9)(c) is amended by deleting "Director-General of the department established under section 4" and inserting instead -- " CEO as defined in section 3 ". page 80 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Hire-Purchase Act 1959 Division 14 s. 177 (2) Section 18(10) is amended as follows: (a) by deleting "Director-General of the department established under section 4 of the Community Services Act 1972" in the first place where it occurs and inserting 5 instead -- " CEO as defined in section 3 of the Community Services Act 1972 (the "CEO") "; 10 (b) by deleting "officer of that department" and inserting instead -- " officer of the Department as defined in section 3 of the Community Services Act 1972 15 "; (c) by deleting "Director-General of the department established under section 4 of the Community Services Act 1972" in the second place where it occurs and inserting instead -- 20 " CEO "; (d) by deleting "Director-General" in the third place where it occurs and inserting instead -- " CEO ". 177. Section 23W replaced 25 Section 23W is repealed and the following sections are inserted instead -- " 23A. Commissioner (1) The Minister is required, by notice published in the 30 Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of this Act. page 81 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 14 Hire-Purchase Act 1959 s. 177 (2) The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette. (3) In this section -- 5 "executive officer" has the meaning given by section 3(1) of the Public Sector Management Act 1994. 23B. Delegation by Commissioner (1) The Commissioner may delegate to any other person 10 employed in the Department any power or duty of the Commissioner under another provision of this Act. (2) The delegation must be in writing signed by the Commissioner. (3) A person to whom a power or duty is delegated under 15 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 be taken to do so in accordance with the terms of the delegation unless the contrary is shown. 20 (5) Nothing in this section limits the ability of the Commissioner to perform a function through an officer or agent. ". page 82 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Limited Partnerships Act 1909 Division 15 s. 178 178. Section 36C replaced Section 36C is repealed and the following section is inserted instead -- " 5 36C. Application of certain provisions of the Consumer Affairs Act 1971 Sections 19, 20, 21, 22, 23A, 24 and 25 of the Consumer Affairs Act 1971 apply, with such modifications as are necessary, to and in relation to the 10 functions of the Commissioner and persons and matters affected by the exercise of those functions as if the sections were part of this Act. ". Division 15 -- Limited Partnerships Act 1909 15 179. The Act amended The amendments in this Division are to the Limited Partnerships Act 1909*. [* Reprint 3 as at 6 June 2003.] 180. Section 15 replaced 20 Section 15 is repealed and the following section is inserted instead -- " 15. Registrar of limited partnerships (1) The Minister is required, by notice published in the 25 Gazette, to designate a person who is an executive officer of the department principally assisting in the administration of this Act as the Registrar for the purposes of this Act. (2) The Registrar may be referred to by a title specified by 30 the Minister by notice published in the Gazette. page 83 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 16 Motor Vehicle Dealers Act 1973 s. 181 (3) Sections 19, 20, 21, 22, 23, 23A, 24 and 25 of the Consumer Affairs Act 1971 apply, with such modifications as are necessary, to and in relation to the functions of the Registrar and persons and matters 5 affected by the exercise of those functions as if the sections were part of this Act. (4) In this section -- "executive officer" has the meaning given by section 3(1) of the Public Sector Management 10 Act 1994. ". Division 16 -- Motor Vehicle Dealers Act 1973 181. The Act amended The amendments in this Division are to the Motor Vehicle 15 Dealers Act 1973*. [* Reprinted as at 14 November 1996. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 257.] 182. Section 5 amended 20 Section 5(1) is amended as follows: (a) by inserting the following definition in the appropriate alphabetical position -- " "Department" means the department of the Public 25 Service principally assisting in the administration of this Act; "; page 84 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Motor Vehicle Dealers Act 1973 Division 16 s. 183 (b) by deleting the definition of "Commissioner" and inserting instead -- " "Commissioner" means the person for the time being 5 designated as the Commissioner under section 5AA; ". 183. Section 5AA inserted After section 5A the following section is inserted -- 10 " 5AA. Commissioner (1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the 15 purposes of this Act. (2) The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette. (3) In this section -- 20 "executive officer" has the meaning given by section 3(1) of the Public Sector Management Act 1994. ". 184. Section 6 amended 25 (1) Section 6(1) is repealed and the following subsection is inserted instead -- " (1) Sections 19, 20, 21, 22, 23, 23A, 24 and 25 of the Consumer Affairs Act 1971 apply, with such 30 modifications as are necessary, to and in relation to the functions of the Commissioner and persons and matters page 85 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 17 Motor Vehicle Repairers Act 2003 s. 185 affected by the exercise of those functions as if the sections were part of this Act. ". (2) Section 6(2) is amended by deleting "Permanent Head of the 5 Department within the meaning of the Consumer Affairs Act 1971" and inserting instead -- " chief executive officer of the Department ". (3) Section 6(3) is repealed and the following subsection is inserted instead -- 10 " (3) A reference in section 19, 20, 21 or 22 (of the Consumer Affairs Act 1971 as applied by subsection (1)) to the Commissioner includes a reference to an authorised officer who has been 15 approved by the Commissioner for the purposes of those sections. ". Division 17 -- Motor Vehicle Repairers Act 2003 185. The Act amended 20 The amendments in this Division are to the Motor Vehicle Repairers Act 2003*. [* Act No. 68 of 2003.] 186. Section 3 amended Section 3(1) is amended by deleting the definition of 25 "Commissioner" and inserting instead -- " "Commissioner" means the person for the time being designated as the Commissioner under section 7; ". page 86 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Petroleum Products Pricing Act 1983 Division 18 s. 187 187. Section 7 replaced Section 7 is repealed and the following sections are inserted instead -- " 5 7. Commissioner (1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of this Act. 10 (2) The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette. (3) In this section -- "executive officer" has the meaning given by 15 section 3(1) of the Public Sector Management Act 1994. 7A. Commissioner's powers Sections 19, 20, 21, 22, 23, 23A, 24 and 25 of the Consumer Affairs Act 1971 apply, with such 20 modifications as are necessary, to and in relation to the functions of the Commissioner and persons and matters affected by the exercise of those functions as if the sections were part of this Act. ". 25 Division 18 -- Petroleum Products Pricing Act 1983 188. The Act amended The amendments in this Division are to the Petroleum Products Pricing Act 1983*. [* Reprinted as at 11 January 2002.] page 87 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 18 Petroleum Products Pricing Act 1983 s. 189 189. Section 3 amended Section 3(1) is amended as follows: (a) by inserting the following definition in the appropriate alphabetical position -- 5 " "Department" means the department of the Public Service principally assisting in the administration of this Act; "; 10 (b) by deleting the definition of "Commissioner" and inserting instead -- " "Commissioner" means the person for the time being designated as the Commissioner under section 5; 15 ". 190. Section 5 replaced Section 5 is repealed and the following section is inserted instead -- " 20 5. Commissioner (1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of this Act and the Petroleum Retailers Rights 25 and Liabilities Act 1982. (2) The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette. page 88 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Petroleum Products Pricing Act 1983 Division 18 s. 191 (3) In this section -- "executive officer" has the meaning given by section 3(1) of the Public Sector Management Act 1994. 5 ". 191. Section 7 amended (1) Section 7(1) is amended as follows: (a) by deleting "under this Act"; (b) in paragraph (a) by inserting after "generally" -- 10 " and "; (c) in paragraphs (a) and (b) by inserting after "this Act" -- " and the Petroleum Retailers Rights and Liabilities Act 1982 15 ". (2) Section 7(4) is amended by inserting after "this Act" -- " and the Petroleum Retailers Rights and Liabilities Act 1982 20 ". (3) Section 7(5) is repealed. 192. Section 23 amended Section 23(1), (2) and (3) are amended by inserting after "this Act" in each place where it occurs -- 25 " or the Petroleum Retailers Rights and Liabilities Act 1982 ". page 89 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 18 Petroleum Products Pricing Act 1983 s. 193 193. Section 24 amended Section 24(2) is amended by inserting after "this Act" in the second place where it occurs -- " 5 or the Petroleum Retailers Rights and Liabilities Act 1982 ". 194. Section 26 amended Section 26 is amended by inserting after "this Act" -- 10 " or the Petroleum Retailers Rights and Liabilities Act 1982 ". 195. Section 27A amended 15 Section 27A(1) and (4) are amended by inserting after "this Act" in each place where it occurs -- " or the Petroleum Retailers Rights and Liabilities Act 1982 20 ". 196. Section 27B amended Section 27B is amended by inserting after "this Act" in both places where it occurs -- " 25 or the Petroleum Retailers Rights and Liabilities Act 1982 ". page 90 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Petroleum Products Pricing Act 1983 Division 18 s. 197 197. Section 28 amended Section 28 is amended as follows: (a) in paragraph (a) by deleting "within the meaning of the Consumer Affairs Act 1971"; 5 (b) by inserting after "this Act" -- " or the Petroleum Retailers Rights and Liabilities Act 1982 ". 10 198. Section 29 amended Section 29 is amended by inserting after "this Act" -- " or the Petroleum Retailers Rights and Liabilities Act 1982 15 ". 199. Section 31 amended Section 31 is amended by inserting after "this Act" -- " or the Petroleum Retailers Rights and Liabilities 20 Act 1982 ". 200. Section 31H amended Section 31H(3) is amended in the definition of "officer" by deleting "referred to in section 5(2)(a) or (b)" and inserting 25 instead -- " of the Department ". page 91 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 18 Petroleum Products Pricing Act 1983 s. 201 201. Sections 32A to 32C inserted After section 32 the following sections are inserted -- " 32A. Delegation by Commissioner 5 (1) The Commissioner may delegate to any other person employed in the Department any power or duty of the Commissioner under another provision of this Act or the Petroleum Retailers Rights and Liabilities Act 1982. 10 (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 15 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 20 or agent. 32B. Protection from liability for wrongdoing (1) A person is not liable for anything that the person has, in good faith, done in the performance or purported performance of a function under this Act or the 25 Petroleum Retailers Rights and Liabilities Act 1982. (2) The State is also relieved of any liability that it might otherwise have had for another person having done anything as described in subsection (1). (3) The protection given by this section applies even 30 though the thing done as described in subsection (1) may have been capable of being done whether or not page 92 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Petroleum Products Pricing Act 1983 Division 18 s. 202 this Act or the Petroleum Retailers Rights and Liabilities Act 1982 had been enacted. (4) In this section, a reference to the doing of anything includes a reference to an omission to do anything. 5 32C. Judicial notice All courts, judges and persons acting judicially shall take judicial notice of the official signature of every person who is for the time being and every person who has at any time been the Commissioner and of the fact 10 that such person holds or has held such office. ". 202. Section 33 amended (1) Section 33(1) is amended as follows: (a) by deleting "an officer referred to in section 5(2)" and 15 inserting instead -- " an officer of the Department "; (b) by inserting after "this Act" -- " or the Petroleum Retailers Rights and Liabilities 20 Act 1982 ". (2) Section 33(2) is amended as follows: (a) in paragraph (a) by inserting after "this Act" in both places where it occurs -- 25 " or the Petroleum Retailers Rights and Liabilities Act 1982 "; (b) in paragraph (d) by deleting "the Consumer Affairs 30 Act 1971" and inserting instead -- " another Act administered by the Minister ". page 93 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 19 Petroleum Retailers Rights and Liabilities Act 1982 s. 203 Division 19 -- Petroleum Retailers Rights and Liabilities Act 1982 203. The Act amended The amendments in this Division are to the Petroleum Retailers 5 Rights and Liabilities Act 1982*. [* Reprinted as at 22 November 2002.] 204. Section 3 amended Section 3(1) is amended as follows: (a) by inserting the following definition in the appropriate 10 alphabetical position -- " "Department" has the meaning given by section 3 of the Petroleum Products Pricing Act 1983; "; 15 (b) by deleting the definition of "Commissioner" and inserting instead -- " "Commissioner" has the meaning given by section 3 of the Petroleum Products Pricing Act 1983; 20 ". Division 20 -- Real Estate and Business Agents Act 1978 205. The Act amended The amendments in this Division are to the Real Estate and Business Agents Act 1978*. 25 [* Reprinted as at 9 March 2001. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 329, and Acts Nos. 21 and 28 of 2003.] page 94 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Residential Tenancies Act 1987 Division 21 s. 206 206. Sections 131H and 131K amended Sections 131H(2)(c) and (3)(c) and 131K(2)(b) are amended by deleting "The State Housing Commission" in each place where it occurs and inserting instead -- 5 " the Housing Authority ". Division 21 -- Residential Tenancies Act 1987 207. The Act amended The amendments in this Division are to the Residential Tenancies Act 1987*. 10 [* Reprinted as at 22 January 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 333, and Act No. 45 of 2002.] 208. Section 3 amended 15 Section 3 is amended by deleting the definitions of "Commissioner" and "Department" and inserting the following definitions in the appropriate alphabetical positions -- " "Commissioner" means the person for the time being 20 designated as the Commissioner under section 7A; "Department" means the department of the Public Service principally assisting in the administration of this Act; ". page 95 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 21 Residential Tenancies Act 1987 s. 209 209. Section 7A inserted Before section 8 the following section is inserted in Part II -- " 7A. Commissioner 5 (1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of this Act. (2) The Commissioner may be referred to by a title 10 specified by the Minister by notice published in the Gazette. (3) In this section -- "executive officer" has the meaning given by section 3(1) of the Public Sector Management 15 Act 1994. ". 210. Section 8 amended (1) Section 8(1) is amended as follows: (a) by deleting "Without limiting section 17 of the 20 Consumer Affairs Act 1971, the Department" and inserting instead -- " The Commissioner "; (b) in paragraph (e) by deleting "Department" in both places where it occurs and inserting instead -- 25 " Commissioner "; (c) in paragraph (e) by deleting "it" and inserting instead -- " the Commissioner ". (2) Section 8(2) is repealed. page 96 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Residential Tenancies Act 1987 Division 21 s. 211 211. Sections 11A and 11B inserted After section 11 the following sections are inserted in Part II -- " 11A. Information officially obtained to be confidential 5 (1) A person who misuses information obtained by reason of any function that person has, or at any time had, in the administration of this Act commits an offence. Penalty: $20 000. (2) A person misuses information if it is, directly or 10 indirectly, recorded, used, or disclosed to another person, other than -- (a) in the course of duty; (b) under this Act; (c) for the purposes of the investigation of any 15 suspected offence or the conduct of proceedings against any person for an offence; (d) in a manner that could not reasonably be expected to lead to the identification of any person to whom the information refers; or 20 (e) with the consent of the person to whom the information relates, or each of them if there is more than one. (3) In this section -- "information" means information concerning the 25 affairs of a person. 11B. Application of certain provisions of the Consumer Affairs Act 1971 Sections 19, 20, 21, 22 and 23A of the Consumer Affairs Act 1971 apply, with such modifications as are 30 necessary, to and in relation to the functions of the Commissioner and persons and matters affected by the page 97 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 22 Retirement Villages Act 1992 s. 212 exercise of those functions as if the sections were part of this Act. ". 212. Schedule 1 amended 5 Schedule 1 clause 3(1) is amended by deleting "and kept at Treasury". Note: The heading to section 8 will be altered to read "Functions of the Commissioner". Division 22 -- Retirement Villages Act 1992 10 213. The Act amended The amendments in this Division are to the Retirement Villages Act 1992*. [* Reprinted as at 22 January 1999. For subsequent amendments see Western Australian 15 Legislation Information Tables for 2002, Table 1, p. 334-5, and Act No. 28 of 2003.] 214. Section 3 amended Section 3 is amended by deleting the definitions of "Commissioner" and "Department" and inserting the following 20 definitions in the appropriate alphabetical positons -- " "Commissioner" means the person for the time being designated as the Commissioner under section 7A; "Department" means the department of the Public 25 Service principally assisting in the administration of this Act; ". page 98 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Retirement Villages Act 1992 Division 22 s. 215 215. Section 7A inserted Before section 8 the following section is inserted in Part 2 -- " 7A. Commissioner 5 (1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of this Act. (2) The Commissioner may be referred to by a title 10 specified by the Minister by notice published in the Gazette. (3) In this section -- "executive officer" has the meaning given by section 3(1) of the Public Sector Management 15 Act 1994. ". 216. Section 8 amended (1) Section 8(1) is amended as follows: (a) by deleting "Without limiting section 17 of the 20 Consumer Affairs Act 1971, the Department" and inserting instead -- " The Commissioner "; (b) in paragraph (e) by deleting "Department" in both places where it occurs and inserting instead -- 25 " Commissioner "; (c) in paragraph (e) by deleting "it" and inserting instead -- " the Commissioner ". (2) Section 8(2) is repealed. page 99 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 22 Retirement Villages Act 1992 s. 217 217. Sections 11A and 11B inserted After section 11 the following sections are inserted -- " 11A. Information officially obtained to be confidential 5 (1) A person who misuses information obtained by reason of any function that person has, or at any time had, in the administration of this Act commits an offence. Penalty: $20 000. (2) A person misuses information if it is, directly or 10 indirectly, recorded, used, or disclosed to another person, other than -- (a) in the course of duty; (b) under this Act; (c) for the purposes of the investigation of any 15 suspected offence or the conduct of proceedings against any person for an offence; (d) in a manner that could not reasonably be expected to lead to the identification of any person to whom the information refers; or 20 (e) with the consent of the person to whom the information relates, or each of them if there is more than one. (3) In this section -- "information" means information concerning the 25 affairs of a person. 11B. Application of certain provisions of the Consumer Affairs Act 1971 Sections 19, 20, 21, 22 and 23A of the Consumer Affairs Act 1971 apply, with such modifications as are 30 necessary, to and in relation to the functions of the Commissioner and persons and matters affected by the page 100 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Travel Agents Act 1985 Division 23 s. 218 exercise of those functions as if the sections were part of this Act. ". 218. Sections 46, 57 and 58 amended 5 Sections 46(2), 57(6)(a) and 58(3)(a) are amended by deleting "Department of Health" and inserting instead -- " Department as defined in section 3 of the Health Legislation Administration Act 1984 10 ". 219. Section 78 repealed Section 78 is repealed. Note: The heading to section 8 will be altered to read "Functions of the Commissioner". 15 Division 23 -- Travel Agents Act 1985 220. The Act amended The amendments in this Division are to the Travel Agents Act 1985*. [* Reprint 2 as at 6 June 2003.] 20 221. Section 3 amended Section 3(1) is amended as follows: (a) by inserting the following definitions in the appropriate alphabetical positions -- " 25 "Commissioner" means the person for the time being designated as the Commissioner under section 49A; page 101 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 23 Travel Agents Act 1985 s. 222 "Department" means the department of the Public Service principally assisting in the administration of this Act; "; 5 (b) by deleting the definition of "the Commissioner". 222. Section 42 amended Section 42(1) is amended by deleting "any officer appointed under section 15(1) of the Consumer Affairs Act 1971 to assist the Commissioner" and inserting instead -- 10 " an officer of the Department ". 223. Section 43 amended Section 43(9) is amended by deleting "within the meaning of the Consumer Affairs Act 1971". 224. Section 47 amended 15 (1) Section 47 is amended by inserting before "All" the subsection designation "(1)". (2) At the end of section 47 the following subsection is inserted -- " (2) All courts, judges and persons acting judicially shall 20 take judicial notice of the official signature of every person who is for the time being and every person who has at any time been the Commissioner and of the fact that such person holds or has held such office. ". page 102 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Travel Agents Act 1985 Division 23 s. 225 225. Section 49A inserted After section 49 the following section is inserted -- " 49A. Commissioner 5 (1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of this Act. (2) The Commissioner may be referred to by a title 10 specified by the Minister by notice published in the Gazette. (3) In this section -- "executive officer" has the meaning given by section 3(1) of the Public Sector Management 15 Act 1994. ". 226. Section 50 amended Section 50(1) is amended by deleting "an officer appointed under section 15(1) of the Consumer Affairs Act 1971 to assist 20 the Commissioner" and inserting instead -- " an officer of the Department ". 227. Section 50A inserted After section 50 the following section is inserted -- " 25 50A. Protection from liability for wrongdoing (1) A person is not liable for anything that the person has, in good faith, done in the performance or purported performance of a function under this Act. page 103 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 23 Travel Agents Act 1985 s. 228 (2) The State is also relieved of any liability that it might otherwise have had for another person having done anything as described in subsection (1). (3) The protection given by this section applies even 5 though the thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted. (4) In this section, a reference to the doing of anything includes a reference to an omission to do anything. 10 ". 228. Section 52 amended (1) Section 52(2) is amended by deleting "$2 000" and inserting instead -- " $20 000 ". 15 (2) Section 52(3) is amended as follows: (a) by deleting paragraphs (a) and (b), and "or" after paragraph (b), and inserting the following paragraphs instead -- " 20 (a) in the course of duty; (b) under this Act; "; (b) after paragraph (c) by deleting the full stop and inserting instead -- 25 " ; (d) for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence; page 104 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Transitional provisions Division 24 s. 229 (e) in a manner that could not reasonably be expected to lead to the identification of any person to whom the information refers; or (f) with the consent of the person to whom the 5 information relates, or each of them if there be more than one. ". Division 24 -- Transitional provisions 229. Commissioner for Fair Trading 10 (1) On commencement, the person holding the office of Commissioner for Fair Trading immediately before commencement is to be taken to have been designated as the Commissioner or Registrar (as the case requires) for the purposes of each of the following enactments -- 15 (a) the Associations Incorporation Act 1987; (b) the Business Names Act 1962; (c) the Chattel Securities Act 1987; (d) the Companies (Co-operative) Act 1943; (e) Part 8 of the Competition Policy Reform (Western 20 Australia) Act 1996; (f) the Consumer Affairs Act 1971; (g) the Co-operative and Provident Societies Act 1903; (h) the Credit Act 1984; (i) the Credit (Administration) Act 1984; 25 (j) the Employment Agents Act 1976; (k) the Hire-Purchase Act 1959; (l) the Limited Partnerships Act 1909; (m) the Motor Vehicle Dealers Act 1973; (n) the Petroleum Products Pricing Act 1983; 30 (o) the Petroleum Retailers Rights and Liabilities Act 1982; page 105 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 24 Transitional provisions s. 229 (p) the Residential Tenancies Act 1987; (q) the Retirement Villages Act 1992; (r) the Travel Agents Act 1985. (2) A thing done or omitted to be done by, to or in relation to, the 5 Commissioner for Fair Trading (including in his or her capacity as the Prices Commissioner) before commencement under a provision of the Consumer Affairs Act 1971 for the purposes of another enactment listed in subsection (1) has the same effect after commencement, to the extent that it has any force or 10 significance after commencement, as if it had been done or omitted -- (a) by, to or in relation to, the Commissioner or Registrar (as the case requires) as defined in that other enactment as in force after commencement; and 15 (b) where relevant, under the corresponding provision of that other enactment as in force after commencement. (3) To the extent that a thing done or omitted to be done by, to or in relation to, the Commissioner for Fair Trading (including in his or her capacity as the Prices Commissioner) before 20 commencement under, or for the purposes of, an enactment listed in subsection (1) is not covered by subsection (2), it has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done or omitted by, to or in relation to, the Commissioner or 25 Registrar (as the case requires) as defined in that enactment as in force after commencement. (4) A thing done or omitted to be done by, to or in relation to, the Commissioner for Fair Trading before commencement under, or for the purposes of, an enactment not listed in subsection (1) has 30 the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done or omitted by, to or in relation to, the Commissioner as defined in the Consumer Affairs Act 1971 as in force after commencement. page 106 Machinery of Government (Miscellaneous Amendments) Bill 2003 Consumer and Employment Protection Part 5 Transitional provisions Division 24 s. 230 (5) A reference in an enactment to the Commissioner for Fair Trading is to have effect after commencement as if it had been amended to be a reference to -- (a) in the case of an enactment listed in subsection (1) or 5 subsidiary legislation made under such an enactment -- the Commissioner or Registrar (as the case requires) as defined in the enactment as in force after commencement; or (b) in the case of any other enactment or subsidiary 10 legislation -- the Commissioner as defined in the Consumer Affairs Act 1971 as in force after commencement. 230. Commissioner for Corporate Affairs and Registrar of Co-operative and Financial Institutions 15 (1) A thing done or omitted to be done by, to or in relation to, the Commissioner for Corporate Affairs before commencement under, or for the purposes of, the Companies (Co-operative) Act 1943 has the same effect after commencement as if it had been done or omitted by, to or in relation to, the Registrar as 20 defined in that Act as in force after commencement. (2) A thing done or omitted to be done by, to or in relation to, the Registrar of Co-operative and Financial Institutions before commencement under, or for the purposes of, the Co-operative and Provident Societies Act 1903 has the same effect after 25 commencement as if it had been done or omitted by, to or in relation to, the Registrar as defined in that Act as in force after commencement. 231. Consumer Affairs Act 1971 Each office in existence immediately before commencement 30 because of section 15(1) of the Consumer Affairs Act 1971 does not cease merely because that subsection is repealed by this Act. page 107 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 5 Consumer and Employment Protection Division 24 Transitional provisions s. 232 232. Petroleum Products Pricing Act 1983 Each office in existence immediately before commencement because of section 5(2)(b) of the Petroleum Products Pricing Act 1983 does not cease merely because that paragraph is 5 deleted by this Act. 233. Interpretation In this Division -- "commencement" means the time at which this Division comes into operation; 10 "Commissioner for Fair Trading" means the Commissioner for Fair Trading referred to in section 15 of the Consumer Affairs Act 1971 as in force before commencement; "Prices Commissioner" means the Prices Commissioner referred to in section 5(1) of the Petroleum Products 15 Pricing Act 1983 as in force before commencement. page 108 Machinery of Government (Miscellaneous Amendments) Bill 2003 Energy Part 6 Electricity Act 1945 Division 1 s. 234 Part 6 -- Energy Division 1 -- Electricity Act 1945 234. The Act amended The amendments in this Division are to the Electricity 5 Act 1945*. [* Reprint 5 as at 6 June 2003.] 235. Section 5 amended (1) Section 5(1) is amended by inserting the following definition in the appropriate alphabetical position -- 10 " "Minister" has a meaning that is modified by subsections (2) and (3); ". (2) At the end of section 5 the following subsections are inserted -- 15 " (2) A reference in a provision of this Act to the Minister is a reference to -- (a) if, for the time being, different Ministers administer the provision in respect of different 20 matters -- the Minister administering the provision in respect of the matter in respect of which the provision is being applied; or (b) if paragraph (a) does not apply -- the Minister administering the provision. 25 (3) A reference in a regulation made under section 32 to the Minister is a reference to -- (a) if, for the time being, different Ministers administer section 32 in respect of different matters -- the Minister administering page 109 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 6 Energy Division 2 Energy Coordination Act 1994 s. 236 section 32 in respect of the matter in respect of which the regulation is being applied; or (b) if paragraph (a) does not apply -- the Minister administering section 32. 5 (4) Subsections (2) and (3) do not limit the operation of section 12 of the Interpretation Act 1984. ". 236. Section 32 amended (1) Section 32(1) is amended as follows: 10 (a) by deleting "matters" in the first place where it occurs; (b) in paragraph (r) by deleting "generally in regard to any other matters" and inserting instead -- " generally, ". (2) Section 32(6)(a) is amended as follows: 15 (a) by inserting after "Minister" -- " or Ministers "; (b) by inserting before "committed" -- " , or provisions of it are, ". Division 2 -- Energy Coordination Act 1994 20 237. The Act amended The amendments in this Division are to the Energy Coordination Act 1994*. [* Reprinted as at 5 May 2000. For subsequent amendments see Western Australian 25 Legislation Information Tables for 2002, Table 1, p. 119, and Act No. 53 of 2003.] page 110 Machinery of Government (Miscellaneous Amendments) Bill 2003 Energy Part 6 Energy Coordination Act 1994 Division 2 s. 238 238. Section 3 amended (1) Section 3 is amended as follows: (a) by inserting before "In" the subsection designation "(1)"; 5 (b) by inserting the following definition in the appropriate alphabetical position -- " "Minister" has a meaning that is modified by subsections (2) and (3); 10 ". (2) At the end of section 3 the following subsections are inserted -- " (2) A reference in a provision of this Act to the Minister is a reference to -- 15 (a) if, for the time being, different Ministers administer the provision in respect of different matters -- the Minister administering the provision in respect of the matter in respect of which the provision is being applied; or 20 (b) if paragraph (a) does not apply -- the Minister administering the provision. (3) A reference in a regulation made under section 26 to the Minister is a reference to -- (a) if, for the time being, different Ministers 25 administer section 26 in respect of different matters -- the Minister administering section 26 in respect of the matter in respect of which the regulation is being applied; or (b) if paragraph (a) does not apply -- the Minister 30 administering section 26. page 111 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 6 Energy Division 2 Energy Coordination Act 1994 s. 239 (4) Subsections (2) and (3) do not limit the operation of section 12 of the Interpretation Act 1984. ". 239. Part 1A inserted 5 After section 3 the following Part is inserted -- " Part 1A -- Coordinator of Energy 4. Coordinator of Energy A Coordinator of Energy is to be appointed under 10 Part 3 of the Public Sector Management Act 1994. 4A. Coordinator's functions The functions of the Coordinator are -- (a) to assist the Minister in planning and coordinating the provision of energy in the 15 State; (b) to perform the functions vested in the Coordinator by or under this Act or any other written law; (c) to advise the Minister on all aspects of energy 20 policy, including -- (i) the energy needs of the State; (ii) ways of using energy and sources of energy, including renewable energy; (iii) the introduction and encouragement of 25 competition in the energy industry; (iv) ways of promoting and achieving open access to transmission and distribution systems; (v) ways of achieving greater efficiency in 30 the use of energy; page 112 Machinery of Government (Miscellaneous Amendments) Bill 2003 Energy Part 6 Energy Coordination Act 1994 Division 2 s. 239 (vi) the use of energy policy to assist in achieving other policy objectives of government; (vii) matters relating to the operation of 5 relevant legislation; (d) for the purposes of paragraphs (a), (b) and (c) -- (i) to monitor the operation of the State's energy industry and its participants; and 10 (ii) to consult with interested groups and persons; (e) to undertake, sponsor and coordinate research, development and demonstration relating to energy; 15 (f) to promote the development of commercial applications of renewable energy; (g) to produce and publish information and reports on energy-related matters; (h) to provide support in the resolution of disputes 20 about energy-related matters. 4B. Staff for the Coordinator Officers may be appointed or made available under Part 3 of the Public Sector Management Act 1994 to enable the Coordinator to perform his or her functions. 25 4C. Delegation by the Coordinator (1) The Coordinator may by instrument in writing delegate to an officer referred to in section 4B the performance of any of his or her functions including functions under a written law, but not including the power to delegate 30 under this section. (2) The Coordinator's powers under subsection (1) also extend to delegation of functions to the Director. page 113 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 6 Energy Division 2 Energy Coordination Act 1994 s. 239 (3) A delegation may be general or as otherwise provided by the instrument of delegation. (4) A delegate remains subject to the direction and control of the delegator. 5 (5) Performance of a function by a delegate is to be treated as performance by the delegator. 4D. Minister may give directions to the Coordinator (1) The Minister may give directions in writing to the Coordinator with respect to the performance of his or 10 her functions, either generally or in relation to a particular matter, and he or she is to give effect to any such direction. (2) The text of any direction given under subsection (1) is to be -- 15 (a) laid before each House of Parliament within 14 sitting days of that House after the direction is given; and (b) included in the annual report submitted by the relevant accountable officer under section 62 of 20 the Financial Administration and Audit Act 1985. 4E. Minister to have access to information from Coordinator (1) The Minister is entitled -- 25 (a) to have information in the possession of the Coordinator; and (b) where the information is in or on a document, to have, and make and retain copies of, that document. page 114 Machinery of Government (Miscellaneous Amendments) Bill 2003 Energy Part 6 Energy Coordination Act 1994 Division 2 s. 240 (2) For the purposes of subsection (1) the Minister may -- (a) request the Coordinator to furnish information to the Minister; (b) request the Coordinator to give the Minister 5 access to information; and (c) for the purposes of paragraph (b) make use of the staff referred to in section 4B to obtain the information and furnish it to the Minister. (3) The Coordinator is to comply with a request under 10 subsection (2) and make staff and facilities available to the Minister for the purposes of paragraph (c) of that subsection. (4) In this section -- "document" includes any tape, disc or other device or 15 medium on which information is recorded or stored mechanically, photographically, electronically or otherwise; "information" means information specified, or of a description specified, by the Minister that relates 20 to the functions of the Coordinator. ". 240. Section 4A amended Section 4A is amended as follows: (a) by deleting paragraph (e) and inserting the following 25 paragraph instead -- " (e) to promote energy research and development as provided by Schedule 1; "; page 115 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 6 Energy Division 2 Energy Coordination Act 1994 s. 241 (b) after paragraph (g) by inserting the following paragraph -- " (ga) to maintain a collection of the information and 5 reports referred to in paragraph (g) and the information and reports produced by the Solar Institute formerly established by the Solar Energy Research Act 1977; ". 10 241. Heading to Part 2 amended The heading to Part 2 is amended by deleting "Coordinator of Energy, and". 242. Sections 4 and 6 repealed Sections 4 and 6 are repealed. 15 243. Section 8 amended Section 8 is amended by deleting "the Coordinator and". 244. Section 9 amended (1) Section 9(1) is amended by deleting "Each of the Coordinator and the Director" and inserting instead -- 20 " The Director ". (2) Section 9(2) is repealed. 245. Section 10 amended (1) Section 10(1) is amended by deleting "the Coordinator or". (2) Section 10(1a) is repealed. 25 246. Section 11 amended (1) Section 11(1) and (2)(a) and (b) are amended by deleting "the Coordinator or". page 116 Machinery of Government (Miscellaneous Amendments) Bill 2003 Energy Part 6 Energy Coordination Act 1994 Division 2 s. 247 (2) Section 11(3) is amended by deleting "The Coordinator or the Director" and inserting instead -- " The Director ". (3) Section 11(4) is amended in the definition of "information" by 5 deleting "the Coordinator or". 247. Section 11X amended Section 11X(4)(a) is amended by deleting "Corporations" and inserting instead -- " Operators ". 10 248. Section 11ZK amended Section 11ZK(2) is amended by deleting "responsible for the administration of this Act". 249. Heading to Part 2A Division 10 amended The heading to Part 2A Division 10 is amended by deleting 15 "Corporations" and inserting instead -- " Operators ". 250. Section 11ZO amended Section 11ZO(1), (2) and (4) are amended by deleting "Corporations" and inserting instead -- 20 " Operators ". 251. Section 12 amended Section 12(1) is repealed. page 117 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 6 Energy Division 2 Energy Coordination Act 1994 s. 252 252. Section 13 amended Section 13(1) is amended by deleting "The Coordinator or the Director, as the case may require," and inserting instead -- " The Director ". 5 253. Section 19 amended (1) Section 19(1) is amended by deleting all of the subsection from and including "manner to -- " and inserting instead -- " manner to the Director. ". (2) Section 19(2) is amended by deleting "The Coordinator or the 10 Director, as the case may be," and inserting instead -- " The Director ". 254. Heading to Part 4 replaced and heading to Division 1 inserted The heading to Part 4 is deleted and the following headings are 15 inserted instead -- " Part 4 -- Information Division 1 -- Obtaining information -- Coordinator ". 20 255. Heading to Division 2 inserted After section 23 the following heading is inserted -- " Division 2 -- Confidentiality -- Coordinator and Director 25 ". page 118 Machinery of Government (Miscellaneous Amendments) Bill 2003 Energy Part 6 Energy Coordination Act 1994 Division 2 s. 256 256. Heading to Schedule 2 amended The heading to Schedule 2 is amended by deleting "Corporations" and inserting instead -- " Operators ". 5 257. Various references to Coordinator in Schedule 3 changed to Minister Each provision of Schedule 3 listed in the Table to this section is amended by deleting "Coordinator" in each place where it occurs and inserting instead -- 10 " Minister ". Table cl. 1(1) (defn. of "emergency") cl. 4 cl. 2(1) and (2) cl. 6 cl. 3(1), (3)(a) and (4) cl. 7(4) and (5) Note: The heading to section 11ZO will be altered by deleting "Corporations" and inserting instead "Operators". The heading to Schedule 3 clause 4 will be altered by deleting 15 "Coordinator" and inserting instead "Minister". page 119 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 7 Environment Division 1 Conservation and Land Management Act 1984 s. 258 Part 7 -- Environment Division 1 -- Conservation and Land Management Act 1984 258. The Act amended The amendments in this Division are to the Conservation and 5 Land Management Act 1984*. [* Reprint 4 as at 24 April 2003.] For subsequent amendments see Gazette 15 August 2003 p. 3685-92.] 259. Section 3 amended 10 Section 3 is amended as follows: (a) by inserting the following definitions in the appropriate alphabetical positions -- " "CEO" means the chief executive officer of the 15 Department; "Department" means the department of the Public Service principally assisting in the administration of this Act; "Executive Body" means the Conservation and Land 20 Management Executive Body established by section 36; "Land Administration Minister" means the Minister to whom the administration of the Land Administration Act 1997 is committed; 25 "; (b) by deleting the definitions of "Department", "Director of Forests", "Director of National Parks", "Director of Nature Conservation" and "Executive Director". page 120 Machinery of Government (Miscellaneous Amendments) Bill 2003 Environment Part 7 Conservation and Land Management Act 1984 Division 1 s. 260 260. Section 15 amended Section 15(1) is amended by deleting "Minister administering the Land Administration Act 1997" and inserting instead -- " Land Administration Minister ". 5 261. Section 16A amended Section 16A(1) is amended by deleting "Minister to whom the administration of that Act is committed" and inserting instead -- " Land Administration Minister ". 10 262. Section 17 amended Section 17(5) is amended by deleting "Minister administering the Land Administration Act 1997" and inserting instead -- " Land Administration Minister ". 263. Section 17A amended 15 Section 17A(2) is amended by inserting after "Department" -- " (as defined in section 3 of this Act) ". 264. Section 22 amended Section 22(1) is amended by deleting paragraph (a) and inserting the following paragraph instead -- 20 " (a) is the CEO, a member of the staff of the Conservation Commission or an officer of the Department; ". page 121 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 7 Environment Division 1 Conservation and Land Management Act 1984 s. 265 265. Section 23 amended (1) Section 23(3) is amended by deleting "Executive Director's" and inserting instead -- " CEO's ". 5 (2) Section 23(5) is amended by inserting after "actions of " -- " the CEO or ". (3) Section 23(6) is repealed and the following subsection is inserted instead -- " 10 (6) In this section -- "Director" means a senior executive officer (within the meaning of the Public Sector Management Act 1994) designated by the CEO to be a Director for the purposes of this section. 15 ". 266. Section 26D amended Section 26D(5)(a) is amended by deleting "Executive Director's" and inserting instead -- " CEO's ". 20 267. Headings to Part IV and Division 1 replaced The headings to Part IV and Division 1 are deleted and the following headings are inserted instead -- " Part IV -- Administration 25 Division 1 -- Functions and powers ". 268. Section 32 repealed Section 32 is repealed. page 122 Machinery of Government (Miscellaneous Amendments) Bill 2003 Environment Part 7 Conservation and Land Management Act 1984 Division 1 s. 269 269. Section 33 amended (1) Section 33(1) is amended as follows: (a) in paragraph (ba) by inserting after "facilities" -- " of the Department "; 5 (b) in paragraph (bb) by deleting "Department's" and inserting instead -- " CEO's "; (c) in paragraph (d) by deleting ", and in particular to be the instrument by which the administration of the Wildlife 10 Conservation Act 1950 is carried out by the Executive Director pursuant to section 7 of that Act"; (d) in paragraph (g) by deleting "Minister to whom the administration of the Land Administration Act 1997 is committed" and inserting instead -- 15 " Land Administration Minister ". (2) Section 33(2) is amended by deleting "Minister referred to in subsection (1)(g)" and inserting instead -- " Land Administration Minister ". 270. Section 34 repealed 20 Section 34 is repealed. 271. Section 34A amended Section 34A(1) is amended by deleting "The powers conferred by section 34 include power for the Executive Director" and inserting instead -- 25 " The powers of the CEO include power ". page 123 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 7 Environment Division 1 Conservation and Land Management Act 1984 s. 272 272. Section 34B amended Section 34B(1) is amended by deleting "The powers conferred by sections 34 and 34A include power for the Executive Director" and inserting instead -- 5 " The powers of the CEO include power ". 273. Part IV Division 2 replaced Part IV Division 2 is repealed and the following Division is inserted instead -- " 10 Division 2 -- The Conservation and Land Management Executive Body 36. The Conservation and Land Management Executive Body (1) The Conservation and Land Management Executive 15 Body is established. (2) The Executive Body is a body corporate with perpetual succession. (3) Proceedings may be taken by or against the Executive Body in its corporate name. 20 (4) The Executive Body is to be governed by the CEO. (5) The Executive Body is an agent of the State and has the status, immunities and privileges of the State. 37. Purpose and nature of the Executive Body The Executive Body is established to provide a body 25 corporate through which the CEO can perform any of the CEO's functions under this Act or the Wildlife Conservation Act 1950 that can more conveniently be performed by a body corporate than an individual. page 124 Machinery of Government (Miscellaneous Amendments) Bill 2003 Environment Part 7 Conservation and Land Management Act 1984 Division 1 s. 273 38. Execution of documents by the Executive Body (1) The Executive Body is to have a common seal. (2) A document is duly executed by the Executive Body if -- 5 (a) the common seal of the Executive Body is affixed to it in accordance with subsections (3) and (4); (b) it is signed on behalf of the Executive Body by the CEO; or 10 (c) it is signed on behalf of the Executive Body, as authorised under subsection (5), by an officer of the Department. (3) The common seal of the Executive Body is not to be affixed to a document except as authorised by the 15 Executive Body. (4) The common seal of the Executive Body is to be affixed to a document in the presence of the CEO, and the CEO is to sign the document to attest that the common seal was so affixed. 20 (5) The Executive Body may, by writing under its common seal, authorise an officer of the Department to sign documents on behalf of the Executive Body, either generally or subject to any conditions or restrictions specified in the authorisation. 25 (6) A document purporting to be executed in accordance with this section is to be presumed to be duly executed until the contrary is shown. (7) A document executed by the CEO or another person under this section without the common seal of the 30 Executive Body is not to be regarded as a deed unless it is executed as a deed as authorised under subsection (5). page 125 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 7 Environment Division 1 Conservation and Land Management Act 1984 s. 274 (8) When a document is produced bearing a seal purporting to be the common seal of the Executive Body, it is to be presumed that the seal is the common seal of the Executive Body until the contrary is shown. 5 (9) For the purposes of this Act, a facsimile of -- (a) the Executive Body's common seal; or (b) the signature of the CEO or a person authorised under subsection (5) to execute deeds or other documents, 10 may be used, and a deed or other document purporting to be endorsed with such a facsimile is, until the contrary is shown, to be regarded as bearing the facsimile under this subsection. ". 15 274. Section 42 repealed Section 42 is repealed. 275. Section 49 amended Section 49(c) is amended by deleting "Executive Director referred to in" and inserting instead -- 20 " CEO as defined in section 4(1) of ". 276. Section 50 amended Section 50(2) is amended as follows: (a) by deleting "34,"; (b) by inserting after "officer of the Department" in the first 25 place where it occurs -- " , on behalf of or as representative of the CEO, "; (c) by deleting "on behalf of or as representative of the Department". page 126 Machinery of Government (Miscellaneous Amendments) Bill 2003 Environment Part 7 Conservation and Land Management Act 1984 Division 1 s. 277 277. Section 64 amended Section 64(1)(ga) is amended by deleting "the Department or the Executive Director, as the case requires," and inserting instead -- 5 " the CEO ". 278. Section 65 amended Section 65(a) is amended by deleting "at the Treasury". 279. Section 71 amended Section 71(1) is amended by deleting "section 34" and inserting 10 instead -- " the powers of the CEO ". 280. Section 72 amended Section 72(1) is amended by deleting "by the Department of its functions" and inserting instead -- 15 " of the CEO's functions ". 281. Section 75 amended Section 75 is amended by deleting "of Conservation and Land Management". 282. Section 133 amended 20 After section 133(2) the following subsection is inserted -- " (3) Without limiting the things that may be delegated under subsection (2), they may include things that are to be done in the course of governing the affairs of the 25 Executive Body under section 36(4). ". page 127 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 7 Environment Division 1 Conservation and Land Management Act 1984 s. 283 283. Section 142 amended Section 142(2) is amended by deleting "Minister to whom the administration of the Land Administration Act 1997 is for the time being committed" and inserting instead -- 5 " Land Administration Minister ". 284. Various references to Department changed to CEO Each provision listed in the Table to this section is amended by deleting "Department" in each place where it occurs and inserting instead -- 10 " CEO ". Table s. 16(1) s. 54(3)(a) and (b) s. 19(1)(g)(i), (ii) and (iii), and s. 63 (3) s. 64(1)(d), (da) and (g) s. 25(4) (defn. of "staff ") s. 84(1) s. 26B(1)(f)(i) and (2) s. 87(2)(b) s. 26D(4) s. 102(1) (defn. of "land to s. 33(1) and (2) which this Part applies") s. 35(1) and (2) 285. Various references to Executive Director changed to CEO Each provision listed in the Table to this section is amended by deleting "Executive Director" in each place where it occurs and 15 inserting instead -- " CEO ". Table s. 9(3)(a) s. 91(2) s. 14(2) s. 93 s. 16(1), (2), (3) and (4) s. 94(1) and (2) s. 16B(1) s. 95(2)(b) page 128 Machinery of Government (Miscellaneous Amendments) Bill 2003 Environment Part 7 Conservation and Land Management Act 1984 Division 1 s. 285 s. 17A(7)(b) s. 97(1) s. 20(7)(c) s. 97A(1), (2), (3), (7), (8) and s. 23(1), (2) and (3) (10) s. 26D(5)(a) s. 99(1) s. 33(6) s. 99A(1), (2), (3), (4) and (6) s. 33A(3)(a) s. 100(1) s. 34A(1) s. 101(1), (1a), (1b), (2), (3) s. 34B(2), (3), (4b), (6a) and (5) and (7a) s. 101B(1) and (2a) s. 35(1) s. 103(2a)(a), (2b) and (3) s. 43(2) s. 104(2) s. 45(1) and (3a) s. 107(b) s. 46(1) s. 108A(2) s. 48(1), (2) and (3) s. 108B s. 50(2) s. 108C(1) and (2) s. 58(1), (2) and (3) s. 110 s. 64(1)(b) and (2)(c) s. 113(1) s. 66(1), (2) and (3) s. 114A(2), (5) and (6) s. 67 s. 118(2) s. 68(3) s. 119A s. 69(2) s. 120 s. 70 s. 131(1) s. 71(1), (2) and (3) s. 132 s. 72(1), (2), (3) and (4) s. 133(1) and (2) s. 73(1) and (2) s. 134(1) s. 74(2) and (3) s. 136(1) s. 82(1) s. 137 s. 83(1) s. 138(1) s. 84(1) s. 140 s. 87A(1) s. 142(2) s. 88(1) and (1a) s. 150(a), (b), (c) and (d) s. 89(2)(a) and (c) s. 151(a)(i) and (b)(i) page 129 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 7 Environment Division 2 Environmental Protection Act 1986 s. 286 Note: The headings to sections 23, 72 and 137 will be altered by deleting "Executive Director" and inserting instead "CEO". The heading to section 33 will be altered by deleting "Department" and inserting instead "the CEO". 5 The heading to section 35 will be altered by deleting "Department" and inserting instead "The CEO". Division 2 -- Environmental Protection Act 1986 286. The Act amended The amendment in this Division is to the Environmental 10 Protection Act 1986*. [* Reprinted as at 11 January 2002. For subsequent amendments see Act No. 54 of 2003.] 287. Section 110H amended Section 110H(1) is amended by deleting "at the Treasury,". 15 Division 3 -- Litter Act 1979 288. The Act amended The amendments in this Division are to the Litter Act 1979*. [* Reprinted as at 4 January 1999. For subsequent amendments see Western Australian 20 Legislation Information Tables for 2002, Table 1, p. 220 and Act No. 54 of 2003.] 289. Section 9 amended Section 9(1)(h) and (i) are deleted and the following paragraphs are inserted instead -- 25 " (h) one shall be appointed on the nomination of the Departmental CEO as defined in section 1.4 of the Local Government Act 1995; page 130 Machinery of Government (Miscellaneous Amendments) Bill 2003 Environment Part 7 Litter Act 1979 Division 3 s. 290 (i) one shall be appointed on the nomination of the CEO as defined in section 3 of the Conservation and Land Management Act 1984; ". 5 290. Sections 15 and 16 amended Sections 15(5) and 16(2) are amended by deleting "Public Service Act 1978" and inserting instead -- " Public Sector Management Act 1994 ". 291. Section 26 amended 10 Section 26(2)(c)(i) to (iv) are deleted and the following subparagraphs are inserted instead -- " (i) an inspector, under the Environmental Protection Act 1986; 15 (ii) a conservation and land management officer, forest officer, wildlife officer or ranger, under the Conservation and Land Management Act 1984; ". 20 292. Third Schedule amended The Third Schedule is amended as follows: (a) by deleting the row relating to the Environmental Protection Act 1971 and inserting instead -- " Inspectors under the The CEO as defined in Environmental Protection section 3 of the Act 1986 Environmental Protection Act 1986 25 "; page 131 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 7 Environment Division 4 Sandalwood Act 1929 s. 293 (b) by deleting the rows relating to the Forests Act 1918, the Wildlife Conservation Act 1950 and the National Parks Authority Act 1976 and inserting instead -- " Conservation and land The CEO as defined in management officers, forest section 3 of the Conservation officers, wildlife officers or and Land Management rangers under the Conservation Act 1984 and Land Management Act 1984 5 "; (c) in column 2 of the row relating to the Fish Resources Management Act 1994 by deleting "Executive Director referred to in" and inserting instead -- " CEO as defined in section 4(1) of "; 10 (d) in column 2 of the row relating to the Western Australian Marine Act 1982 by deleting "Manager of the Department of Marine and Harbours" and inserting instead -- " chief executive officer as defined in section 3(1) of the Western Australian Marine Act 1982 15 ". Division 4 -- Sandalwood Act 1929 293. The Act amended The amendments in this Division are to the Sandalwood Act 1929*. 20 [* Reprinted as at 4 January 2002.] 294. Section 3 amended Section 3(1)(b) is amended by deleting "Executive Director" and inserting instead -- " CEO ". page 132 Machinery of Government (Miscellaneous Amendments) Bill 2003 Environment Part 7 Wildlife Conservation Act 1950 Division 5 s. 295 Division 5 -- Wildlife Conservation Act 1950 295. The Act amended The amendments in this Division are to the Wildlife Conservation Act 1950*. 5 [* Reprinted as at 20 November 1998. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 435.] 296. Section 6 amended Section 6(1) is amended as follows: 10 (a) by inserting the following definition in the appropriate alphabetical position -- " "CEO" has the meaning given by section 3 of the Conservation and Land Management Act 1984; 15 "; (b) by deleting the definition of "Executive Director". 297. Various references to Executive Director changed to CEO Each provision listed in the Table to this section is amended by deleting "Executive Director" in each place where it occurs and 20 inserting instead -- " CEO ". Table s. 7 s. 23C(3)(a) and (4) s. 15(3)(a) s. 26(3) s. 23(2) s. 27B page 133 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 7 Environment Division 6 Zoological Parks Authority Act 2001 s. 298 Division 6 -- Zoological Parks Authority Act 2001 298. The Act amended The amendments in this Division are to the Zoological Parks Authority Act 2001*. 5 [* Act No. 24 of 2001. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 443 and Gazette 15 August 2003 p. 3685-92.] 299. Section 33 amended 10 Section 33(1) is repealed and the following subsection is inserted instead -- " (1) The funds referred to in section 32 are to be credited to an account called the "Zoological Parks Authority 15 Account" -- (a) forming part of the Trust Fund constituted under section 9 of the Financial Administration and Audit Act 1985; or (b) with the approval of the Treasurer, at a bank or 20 other financial institution. ". Division 7 -- Transitional provisions 300. Conservation and Land Management Act 1984 (1) A thing done or omitted to be done before commencement by, 25 to or in relation to the Executive Director (other than as the body corporate referred to in section 38 of the Conservation and Land Management Act 1984 as in force before commencement) under, or for the purposes of, an enactment has the same effect after commencement, to the extent that it has any force or 30 significance after commencement, as if it had been done or page 134 Machinery of Government (Miscellaneous Amendments) Bill 2003 Environment Part 7 Transitional provisions Division 7 s. 300 omitted by, to or in relation to the CEO under, or for the purposes of, that enactment. (2) The Conservation and Land Management Executive Body established by section 36 of the Conservation and Land 5 Management Act 1984 (as in force after commencement) is a continuation of, and the same legal person as, the body corporate referred to in section 38 of that Act (as in force before commencement). (3) Land placed under the management of the Department under 10 section 33(2) of the Conservation and Land Management Act 1984 before commencement is to be taken to have been placed, on commencement, under the management of the CEO under that Act. (4) The Registrar of Titles, the Minister administering the Land 15 Administration Act 1997 and Registrar of Deeds and Transfers may make any entry in, or any endorsement or notation on, the title, land register or other record in respect of land that is necessary because of subsection (3). (5) A reference in a written law or any other instrument to land 20 under the management of the Department under the Conservation and Land Management Act 1984 is to be read as a reference to land under the management of the CEO. (6) A reference in a written law or any other instrument to the Director of Nature Conservation, the Director of Forests or the 25 Director of National Parks is to be read as a reference to the CEO. (7) In this section -- "CEO" has the meaning given by section 3 of the Conservation and Land Management Act 1984 as in force after 30 commencement; "commencement" means the time at which section 259 comes into operation; page 135 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 7 Environment Division 7 Transitional provisions s. 300 "Executive Director" means the Executive Director referred to in section 36 of the Conservation and Land Management Act 1984 as in force before commencement, and, unless the contrary intention appears, other words and 5 expressions in this section have the same respective meanings as they have in the Conservation and Land Management Act 1984. page 136 Machinery of Government (Miscellaneous Amendments) Bill 2003 Health Part 8 Dental Prosthetists Act 1985 Division 1 s. 301 Part 8 -- Health Division 1 -- Dental Prosthetists Act 1985 301. The Act amended The amendments in this Division are to the Dental Prosthetists 5 Act 1985*. [* Reprint 1 as at 2 May 2003.] 302. Section 3 amended Section 3(1) is amended as follows: (a) by inserting the following definition in the appropriate 10 alphabetical position -- " "CEO" has the meaning given by section 3 of the Health Legislation Administration Act 1984; "; 15 (b) by deleting the definition of "Commissioner". 303. Section 5 amended Section 5(2)(b) is deleted and the following paragraph is inserted instead -- " 20 (b) 1 person shall be appointed on the nomination of the chief executive officer of the department as defined in section 5(1) of the Vocational Education and Training Act 1996; ". 25 304. Various references to Commissioner changed to CEO Each provision listed in the Table to this section is amended by deleting "Commissioner" in each place where it occurs and inserting instead -- " CEO ". page 137 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 8 Health Division 2 Health Act 1911 s. 305 Table s. 5(2)(c)(ii) s. 22(1), (2) and (4)(b) s. 12(1)(d) and (e) s. 23(1) s. 13(1), (2)(b) and (5) s. 24(b) and (c) s. 14(1), (2) and (3)(b) s. 26 s. 15(1) and (2) s. 27(1), (3) and (6) s. 17 s. 28(1)(b) and (2) s. 18(1) s. 29(1), (2) and (3) s. 20(1) and (2) s. 30(1) s. 21 Division 2 -- Health Act 1911 305. The Act amended The amendments in this Division are to the Health Act 1911*. 5 [* Reprinted as at 31 March 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 168 and Act No. 28 of 2003.] 306. Section 3 amended 10 Section 3(1) is amended as follows: (a) by inserting the following definition in the appropriate alphabetical position -- " "CEO" has the meaning given by section 3 of the 15 Health Legislation Administration Act 1984; "; (b) by deleting the definition of "Commissioner". page 138 Machinery of Government (Miscellaneous Amendments) Bill 2003 Health Part 8 Health Act 1911 Division 2 s. 307 307. Heading to Part II Division 1 amended The heading to Part II Division 1 is amended by deleting "Commissioner" and inserting instead -- " CEO ". 5 308. Various references to Commissioner changed to CEO Each provision listed in the Table to this section is amended by deleting "Commissioner" in each place where it occurs and inserting instead -- " CEO ". 10 Table s. 5(3) s. 344B s. 39(1) and (2) s. 349(1) s. 324A s. 351(1), (2) and (5) s. 330B(2) s. 354(8) s. 337A(2) s. 357 s. 340B(3)(c) s. 362(2) s. 340AB(3)(b), (3)(f) and s. 365(1) (4)(c) s. 366(1) and (2) s. 340BB(3)(b) s. 369(1)(c) s. 341(2) s. 372(2) s. 342(1)(b), (2) and (4) s. 376 s. 344(1)(b) s. 377(1) and (2) s. 344A(2) and (3) Note: The heading to section 324A will be altered by deleting "Commissioner" and inserting instead "CEO". page 139 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 8 Health Division 3 Health Legislation Administration Act 1984 s. 309 Division 3 -- Health Legislation Administration Act 1984 309. The Act amended The amendments in this Division are to the Health Legislation Administration Act 1984*. 5 [* Reprinted as at 11 January 2002.] 310. Section 3 amended Section 3 is amended as follows: (a) by inserting the following definition in the appropriate alphabetical position -- 10 " "CEO" means the chief executive officer of the Department; "; (b) in the definition of "prescribed officer" by deleting 15 "6(1)(a), (b)" and inserting instead -- " 6(1)(b) ". 311. Section 6 amended Section 6(1)(a) is deleted. 312. Section 9 amended 20 Section 9(1) is amended by inserting after "the Minister" -- " , the CEO ". Division 4 -- Health Services (Conciliation and Review) Act 1995 313. The Act amended The amendments in this Division are to the Health Services 25 (Conciliation and Review) Act 1995*. [* Reprinted as at 1 June 2001. For subsequent amendments see Act No. 28 of 2003.] page 140 Machinery of Government (Miscellaneous Amendments) Bill 2003 Health Part 8 Health Services (Conciliation and Review) Act 1995 Division 4 s. 314 314. Section 3 amended (1) Section 3(1) is amended as follows: (a) by inserting the following definition in the appropriate alphabetical position -- 5 " "Health Department" has the meaning given to "Department" by section 3 of the Health Legislation Administration Act 1984; "; 10 (b) in the definition of "provider" by deleting paragraph (c) and inserting the following paragraph instead -- " (c) the chief executive officer of the Health Department in respect of any health services 15 provided or rendered by persons carrying out the functions of the Health Department, but not including a health service provided or rendered in a public hospital under the Hospitals and Health Services Act 1927; 20 ". (2) Section 3(3) is amended as follows: (a) in paragraph (b) by deleting "Commissioner of Health" and inserting instead -- " chief executive officer of the Health Department "; 25 (b) by deleting "Commissioner" and inserting instead -- " chief executive officer ". 315. Section 13 amended Section 13(1) is amended by deleting "at the Treasury". page 141 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 8 Health Division 5 Hospital Fund Act 1930 s. 316 316. Section 25 amended Section 25(2) is amended by deleting "Commissioner of Health" and inserting instead -- " chief executive officer of the Health Department ". 5 Division 5 -- Hospital Fund Act 1930 317. The Act amended The amendment in this Division is to the Hospital Fund Act 1930*. [* Reprint in Appendix to Session Volume 1937-1938. 10 For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 172 and Act No. 28 of 2003.] 318. Section 3 amended Section 3(2) is amended by deleting ", to be kept at the 15 Treasury". Division 6 -- Hospitals and Health Services Act 1927 319. The Act amended The amendments in this Division are to the Hospitals and Health Services Act 1927*. 20 [* Reprinted as at 15 October 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 174 and Act No. 28 of 2003.] page 142 Machinery of Government (Miscellaneous Amendments) Bill 2003 Health Part 8 Hospitals and Health Services Act 1927 Division 6 s. 320 320. Section 2 amended Section 2(1) is amended as follows: (a) by inserting the following definition in the appropriate alphabetical position -- 5 " "CEO" has the meaning given by section 3 of the Health Legislation Administration Act 1984; "; (b) by deleting the definition of "Commissioner". 10 321. Various references to Commissioner changed to CEO Each provision listed in the Table to this section is amended by deleting "Commissioner" in each place where it occurs and inserting instead -- " CEO ". 15 Table s. 26B(2), (3) and (4) s. 26I(2) s. 26C s. 26J(1) s. 26D(1), (2), (4), (5)(a) s. 26K(1)(c) and (b), (6) and (7) s. 26N(1) and (2) s. 26DA(2), (3) and (4) s. 26O(2)(a) s. 26F(1) s. 35A s. 26FA(1) s. 37(2f)(d) s. 26G(1), (3) and (4) s. 38(1)(c) s. 26H(2)(a) and (3) Note: The heading to section 26G will be altered by deleting "Commissioner" and inserting instead "CEO". page 143 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 8 Health Division 7 Human Reproductive Technology Act 1991 s. 322 Division 7 -- Human Reproductive Technology Act 1991 322. The Act amended The amendments in this Division are to the Human Reproductive Technology Act 1991*. 5 [* Reprinted as at 12 July 2002.] 323. Section 3 amended (1) Section 3(1) is amended in the definition of "authorised officer" as follows: (a) in paragraph (a) by deleting "Commissioner of Health" 10 and inserting instead -- " CEO "; (b) in paragraph (b) by deleting "Commissioner" and inserting instead -- " CEO "; 15 (c) by deleting paragraph (c) and inserting the following paragraph instead -- " (c) in relation to the powers referred to in section 44(3)(c) or 49(4)(b), including a 20 reference to the chief executive officer of the Department as defined in section 3 of the Community Services Act 1972, or another officer of that Department whom that chief executive officer has authorised in writing; 25 ". (2) Section 3(1) is amended in the definition of "licensing authority" as follows: (a) in paragraphs (a), (b) and (c) by deleting "Commissioner of Health" and inserting instead -- 30 " CEO "; page 144 Machinery of Government (Miscellaneous Amendments) Bill 2003 Health Part 8 Human Reproductive Technology Act 1991 Division 7 s. 324 (b) in paragraph (c) by deleting "Commissioner" and inserting instead -- " CEO ". (3) Section 3(1) is amended as follows: 5 (a) by inserting the following definition in the appropriate alphabetical position -- " "CEO" has the meaning given by section 3 of the Health Legislation Administration Act 1984; 10 "; (b) by deleting the definitions of "Commissioner of Health", "Commissioner" and "Director-General". 324. Section 13 amended Section 13(4) is amended by deleting "department of the Public 15 Service of the State principally assisting the Minister in the administration of the Health Act 1911" and inserting instead -- " Department as defined in section 3 of the Health Legislation Administration Act 1984 20 ". 325. Various references to Commissioner of Health changed to CEO (1) Each provision listed in the Table to this subsection is amended by deleting "Commissioner of Health" in each place where it 25 occurs and inserting instead -- " CEO ". Table s. 5(1), (2) and (5) s. 39(1) s. 6(4) s. 40(1) s. 10(2) s. 41(1) and (3) page 145 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 8 Health Division 7 Human Reproductive Technology Act 1991 s. 325 s. 11(1)(c) s. 42(1), (3) and (5) s. 12(2)(b) s. 43(1) s. 13(1) and (4) s. 44(1), (2), (3), (4) and (5) s. 14(1)(b) s. 45(1) s. 24(2) s. 46(3)(b) s. 25(c) s. 47(1) s. 26(2) s. 48 s. 27(1) s. 49(4)(a) s. 29(1)(a) s. 51(5) and (6) s. 30(1)(a) s. 53(4) s. 31(1) s. 54(6) s. 32(2) s. 56(1)(a) s. 35(1)(a) s. 57(4), (5), (7), (8), (9) and (10) s. 36(1), (2) and (3) s. 59(1), (2) and (4) s. 37(1) Sch. cl. 11(1) s. 38(1) (2) Each provision listed in the Table to this subsection is amended by deleting "Commissioner" in each place where it occurs and inserting instead -- " CEO ". 5 Table s. 5(2), (6), (7), (8) and (9) s. 30(1) and (2)(b) (defn. of "information") s. 33(2)(f), (g), (h) and (j) s. 10(2) s. 37(1), (2) and (3) s. 11(1) and (2)(a) s. 38(1) and (7) s. 12(2)(b) and (c) s. 39(2)(d)(iii) s. 13(2), (3), (4), (6), (7) and (8) s. 41(2) and (3) s. 14(3)(b) s. 42(1) s. 20(5)(a) s. 44(4) and (5) s. 24(3) s. 51(5) and (6) s. 27(4)(a) s. 59(4) s. 28(1) s. 60(3) and (4)(b) page 146 Machinery of Government (Miscellaneous Amendments) Bill 2003 Health Part 8 Medical Act 1894 Division 8 s. 326 s. 29(1)(c) and (2) Sch. cl. 11(1) and (2) Note: The heading to section 13 will be altered by deleting "Commissioner of Health" and inserting instead "CEO". Division 8 -- Medical Act 1894 326. The Act amended 5 The amendments in this Division are to the Medical Act 1894*. [* Reprinted as at 25 February 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 230 and Acts Nos. 9 and 28 of 2003.] 10 327. Section 4 amended Section 4(1a)(d) is amended by deleting "chief executive officer of the department principally assisting the Minister charged with the administration" and inserting instead -- " Commissioner as defined in section 4(1) ". 15 Division 9 -- Mental Health Act 1996 328. The Act amended The amendments in this Division are to the Mental Health Act 1996*. [* Act No. 68 of 1996. 20 For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 239 and Acts Nos. 21 and 28 of 2003.] page 147 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 8 Health Division 10 Nurses Act 1992 s. 329 329. Section 3 amended Section 3 is amended as follows: (a) by inserting the following definition in the appropriate alphabetical position -- 5 " "CEO" has the meaning given by section 3 of the Health Legislation Administration Act 1984; "; (b) by deleting the definition of "Commissioner". 10 330. Various references to Commissioner changed to CEO Each provision listed in the Table to this section is amended by deleting "Commissioner" in each place where it occurs and inserting instead -- " CEO ". 15 Table s. 10(a) and (e) s. 173(1) and (2) s. 11 s. 174(1), (3) and (4)(g) Note: The headings to sections 11 and 173 will be altered by deleting "Commissioner" and inserting instead "CEO". Division 10 -- Nurses Act 1992 331. The Act amended 20 The amendments in this Division are to the Nurses Act 1992*. [* Reprinted as at 18 May 1994. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 268 and Act No. 9 of 2003.] page 148 Machinery of Government (Miscellaneous Amendments) Bill 2003 Health Part 8 Poisons Act 1964 Division 11 s. 332 332. Section 4 amended Section 4 is amended as follows: (a) by inserting the following definition in the appropriate alphabetical position -- 5 " "CEO" has the meaning given by section 3 of the Health Legislation Administration Act 1984; "; (b) in the definition of "designated area" by deleting 10 "Commissioner of Health" and inserting instead -- " CEO ". 333. Section 9 amended Section 9(2a) is amended by deleting "Commissioner of Health (within the meaning of the Health Act 1911)" and inserting 15 instead -- " CEO ". Division 11 -- Poisons Act 1964 334. The Act amended The amendments in this Division are to the Poisons Act 1964*. 20 [* Reprinted as at 22 January 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 300 and Act No. 9 of 2003 and Gazette 10 October 2003 p. 4403-4.] page 149 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 8 Health Division 11 Poisons Act 1964 s. 335 335. Section 5 amended Section 5(1) is amended as follows: (a) by inserting the following definition in the appropriate alphabetical position -- 5 " "CEO" has the meaning given by section 3 of the Health Legislation Administration Act 1984; "; (b) by deleting the definition of "Commissioner of Health". 10 336. Section 55E amended (1) Section 55E(1) is amended by deleting "Commissioner of Health's" and inserting instead -- " CEO's ". (2) Section 55E(1), (2) and (3) are amended by deleting 15 "Commissioner" in each place where it occurs and inserting instead -- " CEO ". 337. Various references to Commissioner of Health changed to CEO 20 Each provision listed in the Table to this section is amended by deleting "Commissioner of Health" in each place where it occurs and inserting instead -- " CEO ". Table s. 7(1) s. 40(ba) s. 8(2)(a) and (4) s. 41A(1) and (2) s. 19 s. 50(3) s. 23(2) and (4) s. 59 s. 24(1), (2), (3), (4), (5) and (6) s. 61(b)(v) page 150 Machinery of Government (Miscellaneous Amendments) Bill 2003 Health Part 8 Tobacco Control Act 1990 Division 12 s. 338 s. 25(1) and (2) s. 61A s. 26A(1)(b), (2) and (3) s. 61B s. 26B(2) and (3) s. 63(1) s. 27 s. 64(1a), (2)(ha), (hb), (ja), (k) s. 28 and (r) s. 29(1) s. 64B s. 36A Note: The headings to sections 28 and 29 will be altered by deleting "Commissioner of Health" and inserting instead "CEO". Division 12 -- Tobacco Control Act 1990 338. The Act amended 5 The amendments in this Division are to the Tobacco Control Act 1990*. [* Reprinted as at 2 November 2001.] 339. Section 4 amended Section 4 is amended as follows: 10 (a) by inserting the following definition in the appropriate alphabetical position -- " "CEO (Health)" has the meaning given to "CEO" by section 3 of the Health Legislation Administration 15 Act 1984; "; (b) by deleting the definition of "the Commissioner of Health". page 151 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 8 Health Division 12 Tobacco Control Act 1990 s. 340 340. Section 17 amended (1) Section 17(1) is amended as follows: (a) by deleting paragraph (h) and inserting the following paragraph instead -- 5 " (h) one shall be the CEO (Health) or the nominee of the CEO (Health); "; (b) in paragraph (k) by deleting "department principally 10 assisting the Minister for the Family" and inserting instead -- " Department as defined in section 3 of the Community Services Act 1972 15 ". (2) Section 17(8)(b) is amended by deleting "Commissioner of Health" and inserting instead -- " CEO (Health) ". 341. Section 19 amended 20 Section 19 is amended by deleting "Public Service Commissioner" and inserting instead -- " Minister for Public Sector Management ". 342. Section 26 amended Section 26(3) is amended by deleting "at the Treasury". 25 343. Section 29 amended Section 29 is amended by deleting "Commissioner of Health" and inserting instead -- " CEO (Health) ". page 152 Machinery of Government (Miscellaneous Amendments) Bill 2003 Health Part 8 Transitional provisions Division 13 s. 344 Division 13 -- Transitional provisions 344. Commissioner of Health (1) A thing done or omitted to be done by, to or in relation to, the Commissioner of Health before commencement under, or for 5 the purposes of, an enactment has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done or omitted by, to or in relation to, the CEO. (2) In this section -- 10 "CEO" has the meaning given by section 3 of the Health Legislation Administration Act 1984 as in force after commencement; "commencement" means the time at which this Division comes into operation; 15 "Commissioner of Health" means the Commissioner of Health referred to in section 6(1)(a) of the Health Legislation Administration Act 1984 as in force before commencement. page 153 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 9 Housing and Works Division 1 Country Housing Act 1998 s. 345 Part 9 -- Housing and Works Division 1 -- Country Housing Act 1998 345. The Act amended The amendments in this Division are to the Country Housing 5 Act 1998*. [* Reprinted as at 13 December 2002. For subsequent amendments see Acts Nos. 21 and 28 of 2003.] 346. Long title amended 10 The long title is amended by deleting "for the establishment of an authority". 347. Section 3 amended Section 3 is amended as follows: (a) by deleting the definition of "Authority" and inserting 15 instead -- " "Authority" means the Housing Authority referred to in section 6(4) of the Housing Act 1980; ". 20 (b) by deleting the definition of "committee". 348. Heading to Part 2 amended The heading to Part 2 is amended by deleting "Country". 349. Part 2 Division 1 repealed Part 2 Division 1 is repealed. 25 350. Section 10 repealed Section 10 is repealed. page 154 Machinery of Government (Miscellaneous Amendments) Bill 2003 Housing and Works Part 9 Government Employees' Housing Act 1964 Division 2 s. 351 351. Section 11 amended Section 11(3) is amended in paragraphs (b) and (c) by deleting "with the approval of the Minister,". 352. Section 12 repealed 5 Section 12 is repealed. 353. Part 2 Division 3 repealed Part 2 Division 3 is repealed. 354. Section 15 amended Section 15(2) is amended by deleting "at the Treasury". 10 355. Section 22 repealed Section 22 is repealed. 356. Schedule 1 repealed Schedule 1 is repealed. Division 2 -- Government Employees' Housing Act 1964 15 357. The Act amended The amendments in this Division are to the Government Employees' Housing Act 1964*. [* Reprinted as at 8 December 2000. For subsequent amendments see Act No. 28 of 2003.] 20 358. Long title amended The long title is amended by deleting "; to provide for the establishment of the Government Employees' Housing Authority;". page 155 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 9 Housing and Works Division 2 Government Employees' Housing Act 1964 s. 359 359. Section 4 amended Section 4 is amended as follows: (a) after paragraph (a) by inserting -- " and "; 5 (b) after paragraph (b) by deleting "; and" and inserting a full stop; (c) by deleting paragraph (c). 360. Section 5 amended Section 5 is amended as follows: 10 (a) by deleting the definition of "Authority" and inserting instead -- " "Authority" means the Housing Authority referred to in section 6(4) of the Housing Act 1980; 15 "; (b) in the definition of "Fund" by deleting "Authority"; (c) by deleting the definition of "permanent head". 361. Section 6 repealed Section 6 is repealed. 20 362. Part II repealed Part II is repealed. 363. Section 18 amended Section 18(1) and (2) are amended by deleting "permanent head" and inserting instead -- 25 " chief executive officer of a Department ". page 156 Machinery of Government (Miscellaneous Amendments) Bill 2003 Housing and Works Part 9 Housing Act 1980 Division 3 s. 364 364. Section 19 amended Section 19 is amended by inserting after "powers conferred on the Authority by this" -- " or any other ". 5 365. Section 21 repealed Section 21 is repealed. 366. Section 23 amended Section 23(a) is amended by deleting "for the purposes of this Act". 10 367. Section 24 amended Section 24(1) is amended as follows: (a) by deleting "and kept at the Treasury, forming" and inserting instead -- " , as "; 15 (b) by deleting "Authority" in the first place where it occurs. 368. Section 25 repealed Section 25 is repealed. Note: The heading to section 24 will be altered by deleting "Authority". 20 Division 3 -- Housing Act 1980 369. The Act amended The amendments in this Division are to the Housing Act 1980*. [* Reprinted as at 27 May 1999. For subsequent amendments see Western Australian 25 Legislation Information Tables for 2002, Table 1, p. 175, and Acts Nos. 20 and 28 of 2003.] page 157 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 9 Housing and Works Division 3 Housing Act 1980 s. 370 370. Long title amended The long title is amended by deleting "preserve and continue The State Housing Commission" and inserting instead -- " 5 provide for the Housing Authority by merging the Country Housing Authority and the Government Employees' Housing Authority into The State Housing Commission ". 371. Section 5 amended 10 Section 5(1)(a) is amended as follows: (a) by inserting the following definitions in the appropriate alphabetical positions -- " "Authority" means the Housing Authority referred to 15 in section 6(4); "officer of the Authority" means -- (a) the chief executive officer of the Authority; (b) an officer referred to in section 17(b); and (c) an officer or employee referred to in 20 section 18A(1) whose services the Authority is making use of; "; (b) in the definition of "the Fund" by deleting "The State" and inserting instead -- 25 " the "; (c) by deleting the definitions of "appointed member", "chairman", "member", "officer of the Commission" and "the Commission". page 158 Machinery of Government (Miscellaneous Amendments) Bill 2003 Housing and Works Part 9 Housing Act 1980 Division 3 s. 372 372. Heading to Part II amended The heading to Part II is amended by deleting "Commission" and inserting instead -- " Authority ". 5 373. Heading to Part II Division 1 replaced The heading to Part II Division 1 is deleted and the following heading is inserted instead -- " Division 1 -- The Housing Authority 10 ". 374. Section 6 amended (1) Section 6 is amended by inserting before "The" the subsection designation "(1)". (2) At the end of section 6 the following subsections are inserted -- 15 " (2) At the merger time the former bodies merge into The State Housing Commission. (3) The State Housing Commission, as renamed by subsection (4), is a continuation of the former bodies. 20 (4) Immediately after the merger time The State Housing Commission is renamed as the Housing Authority. (5) In this section -- "former bodies" means -- (a) the Country Housing Authority established 25 by section 4 of the Country Housing Act 1998 as in force before the merger time; and (b) the Government Employees' Housing Authority established by section 8 of the page 159 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 9 Housing and Works Division 3 Housing Act 1980 s. 375 Government Employees' Housing Act 1964 as in force before the merger time; "merger time" means the time at which section 374 of the Machinery of Government (Miscellaneous 5 Amendments) Act 2003 comes into operation. ". 375. Section 7 amended Section 7(2) is amended by inserting before "affixed" in the first place where it occurs -- 10 " or any of the former bodies (within the meaning of section 6) ". 376. Sections 8 to 10 replaced 15 Sections 8 to 10 are repealed and the following sections are inserted instead -- " 8. Authority to be an SES organisation The Authority is to be an SES organisation under the 20 Public Sector Management Act 1994. 9. Management (1) The Authority is to be governed by its chief executive officer. (2) The chief executive officer, in the name of the 25 Authority, is to perform the functions of the Authority under this Act or any other written law. ". page 160 Machinery of Government (Miscellaneous Amendments) Bill 2003 Housing and Works Part 9 Housing Act 1980 Division 3 s. 377 377. Heading to Part II Division 2 amended The heading to Part II Division 2 is amended by deleting "Commission" and inserting instead -- " Authority ". 5 378. Section 11 amended (1) Section 11(1) is amended by inserting after "Act" -- " , the Country Housing Act 1998 and the Government Employees' Housing Act 1964 10 ". (2) Section 11(2) and (3) are repealed. 379. Sections 11A and 11B inserted After section 11 the following sections are inserted -- " 15 11A. 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, and the Authority is 20 to give effect to any such direction. (2) The Minister must cause a copy of a direction under subsection (1) to be laid before each House of Parliament, or dealt with under subsection (3), within 14 days after the direction is given. 25 (3) If -- (a) at the commencement of the period referred to in subsection (2) a House of Parliament is not sitting; and page 161 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 9 Housing and Works Division 3 Housing Act 1980 s. 379 (b) the Minister is of the opinion that that House will not sit during that period, the Minister is to transmit a copy of the direction to the Clerk of that House. 5 (4) A copy of a direction transmitted to the Clerk of a House is to be regarded -- (a) as having been laid before that House; and (b) as being a document published by order or under the authority of that House. 10 (5) The laying of a copy of a direction that is regarded as having occurred under subsection (4)(a) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy. 15 (6) 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 section 66 of the Financial Administration and Audit Act 1985. 11B. Minister to have access to information 20 (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 make and retain copies of, that 25 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 30 access to information; page 162 Machinery of Government (Miscellaneous Amendments) Bill 2003 Housing and Works Part 9 Housing Act 1980 Division 3 s. 380 (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 5 subsection (2) 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 10 medium on which information is recorded or stored mechanically, photographically, electronically or otherwise; "information" means information specified, or of a description specified, by the Minister that relates 15 to the functions of the Authority under this or any other Act. ". 380. Section 12 amended Section 12 is amended by inserting after "for the purposes of 20 this Act" -- " , the Country Housing Act 1998 and the Government Employees' Housing Act 1964 ". 25 381. Section 12A amended (1) Section 12A(1) is amended by inserting after "the objects of this Act" -- " , the Country Housing Act 1998 or the Government 30 Employees' Housing Act 1964 ". page 163 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 9 Housing and Works Division 3 Housing Act 1980 s. 382 (2) Section 12A(4) is amended by inserting after "exercise under this Act" -- " , the Country Housing Act 1998 or the Government 5 Employees' Housing Act 1964 ". 382. Section 13 amended Section 13(1) is amended as follows: (a) by inserting after "under this Act" -- 10 " , the Country Housing Act 1998 or the Government Employees' Housing Act 1964 "; (b) by deleting "a member or". 15 383. Section 16 amended Section 16(1) is amended by inserting after "this Act" -- " , the Country Housing Act 1998 or the Government Employees' Housing Act 1964 20 ". 384. Heading to Part II Division 3 amended The heading to Part II Division 3 is amended by deleting "Commission" and inserting instead -- " Authority ". 25 385. Section 17 amended (1) Section 17 is amended as follows: (a) by inserting before "To enable" the subsection designation "(1)"; page 164 Machinery of Government (Miscellaneous Amendments) Bill 2003 Housing and Works Part 9 Housing Act 1980 Division 3 s. 386 (b) in paragraph (a) by deleting "general manager" and inserting instead -- " chief executive officer "; (c) in paragraph (b) by deleting ", employed or engaged,"; 5 (d) in paragraph (b) by deleting ", employees and other persons". (2) At the end of section 17 the following subsections are inserted -- " 10 (2) The chief executive officer of the Authority cannot be excluded from the Senior Executive Service under section 43(3) of the Public Sector Management Act 1994. (3) The chief executive officer is responsible for, and has 15 the necessary powers to administer, the day to day operations of the Authority. ". 386. Section 18A inserted After section 18 the following section is inserted in Part II -- 20 " 18A. Use of other staff and facilities (1) The Authority may by arrangement with the relevant employing authority make use, either full-time or part-time, of the services of any officer or employee -- 25 (a) in the Public Service; (b) in a State agency or instrumentality; or (c) otherwise in the service of the State. (2) The Authority may by arrangement with -- (a) a department of the Public Service; or page 165 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 9 Housing and Works Division 3 Housing Act 1980 s. 387 (b) a State agency or instrumentality, make use of any facilities of the department, agency or instrumentality. (3) An arrangement under subsection (1) or (2) is to be 5 made on such terms as are agreed to by the parties. (4) In this section, "employing authority", "Public Service" and other expressions used in the Public Sector Management Act 1994 have the same respective meanings as they have in that Act. 10 ". 387. Section 22 amended Section 22(3) is amended by deleting "this Act" and inserting instead -- " this or any other Act ". 15 388. Heading to Part IV amended The heading to Part IV is amended by deleting "Commission" and inserting instead -- " Authority ". 389. Section 50 amended 20 Section 50(3) is amended as follows: (a) by inserting after "this Act" in the first place where it occurs -- " , the Country Housing Act 1998 or the Government 25 Employees' Housing Act 1964 "; (b) by deleting "this Act" in the second place where it occurs and inserting instead -- " those Acts ". page 166 Machinery of Government (Miscellaneous Amendments) Bill 2003 Housing and Works Part 9 Housing Act 1980 Division 3 s. 390 390. Section 62 amended (1) Section 62(1) is amended by deleting "for that purpose". (2) Section 62(2) is amended by deleting "at the Treasury". (3) Section 62(2), (4), (5), (6) and (8) are amended by deleting "The 5 State" and inserting instead -- " the ". 391. Section 69 replaced Section 69 is repealed and the following section is inserted instead -- 10 " 69. Protection from personal liability (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 15 performance of a function under this 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. 20 (3) Despite subsection (1), neither the Authority nor the Crown is 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 25 includes a reference to an omission to do anything. ". 392. References to Commission changed to Authority Each provision that contains a reference to the Commission (other than Part IX and provisions deleted or repealed by this page 167 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 9 Housing and Works Division 4 Public Works Act 1902 s. 393 Division) is amended by deleting "Commission" in each place where it occurs and inserting instead -- " Authority ". Note: The heading to section 6 will be altered to read "The Housing 5 Authority". The heading to section 11 will be altered to read "Authority to implement housing Acts". The heading to section 17 will be altered to read "Chief executive officer of the Authority and other officers and employees". 10 The heading to section 44 will be altered by deleting "Commission's" and inserting instead "Authority's". The headings to sections 7, 12, 37, 45, 46, 49 and 60 will be altered by deleting "Commission" and inserting instead "Authority". Division 4 -- Public Works Act 1902 15 393. The Act amended The amendments in this Division are to the Public Works Act 1902*. [* Reprinted as at 1 June 2001. For subsequent amendments see Act No. 31 of 2003.] 20 394. Section 2 amended Section 2 is amended in the definition of "Public work" by inserting after paragraph (9) the following paragraph -- " (9a) Public housing. 25 ". 395. Section 9E amended Section 9E(2)(a) is amended by deleting "for the purposes of this Part". page 168 Machinery of Government (Miscellaneous Amendments) Bill 2003 Housing and Works Part 9 State Supply Commission Act 1991 Division 5 s. 396 Division 5 -- State Supply Commission Act 1991 396. The Act amended The amendment in this Division is to the State Supply Commission Act 1991*. 5 [* Reprinted as at 7 June 2002.] 397. Section 30 amended Section 30(2) is amended by deleting "at the Treasury". Division 6 -- Transitional matters 398. Financial reporting 10 (1) Despite the continuation of the former bodies as part of the Housing Authority, section 65A of the Financial Administration and Audit Act 1985 applies in relation to the preparation and submission of a final report in respect of each former body as if -- 15 (a) at commencement, it were abolished; (b) references in that section to a department were references to the former body; and (c) references in that section to provisions of sections 62 to 65 of the Financial Administration and Audit Act 1985 20 were references to the equivalent provisions of sections 66 to 70 of that Act, except that -- (d) the period to which the final report is to relate is the final period; and 25 (e) the references in sections 66(1), 68 and 70(1) to the end of the financial year are to be read as references to the end of the final period. (2) If at commencement, any duty imposed by Part II Division 14 of the Financial Administration and Audit Act 1985 on the page 169 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 9 Housing and Works Division 6 Transitional matters s. 399 accountable authority of a former body has not been complied with in relation to the former body for any financial year that expired before commencement, that duty subsists and is to be performed by the reporting officer as if the reporting officer 5 were the accountable authority. (3) The time within which the reporting officer is to perform a duty referred to in subsection (2) is extended until the end of the day that is 2 months after the day on which the reporting officer is appointed, but this subsection does not prevent the time from 10 being extended again under section 70 of the Financial Administration and Audit Act 1985. (4) The Housing Authority is to give the reporting officer access to all records necessary for the purposes of this section. (5) In this section -- 15 "final period" means the period starting at the beginning of the 1 July immediately before commencement and ending immediately before commencement; "reporting officer" means the person appointed under section 65A(2) of the Financial Administration and Audit 20 Act 1985 as applied because of subsection (1). 399. References to former bodies After commencement, a reference to a former body in an instrument or other document is to be taken to be a reference to the Housing Authority unless the contrary intention appears or 25 the context otherwise requires. 400. Government Employees' Housing Act 1964 (1) The Government Employees' Housing Fund referred to in section 24(1) of the Government Employees' Housing Act 1964 as in force after commencement is a continuation of the 30 Government Employees' Housing Authority Fund referred to in that section as in force before commencement. page 170 Machinery of Government (Miscellaneous Amendments) Bill 2003 Housing and Works Part 9 Transitional matters Division 6 s. 401 (2) After commencement, a reference to the Government Employees' Authority Housing Fund in an instrument or other document is to be taken to be a reference to the Government Employees' Housing Fund referred to in section 24(1) of the 5 Government Employees' Housing Act 1964 as in force after commencement unless the contrary intention appears or the context otherwise requires. 401. Housing Act 1980 (1) After commencement, a reference to The State Housing 10 Commission in an instrument or other document is to be taken to be a reference to the Housing Authority unless the contrary intention appears or the context otherwise requires. (2) The office of chief executive officer of the Housing Authority is a continuation of the office of general manager of The State 15 Housing Commission referred to in the Housing Act 1980 as in force before commencement. (3) The Housing Authority Fund referred to in section 62(2) of the Housing Act 1980 as in force after commencement is a continuation of The State Housing Commission Fund referred to 20 in that subsection as in force before commencement. (4) After commencement, a reference to The State Housing Commission Fund in an instrument or other document is to be taken to be a reference to the Housing Authority Fund referred to in section 62(2) of the Housing Act 1980 as in force after 25 commencement unless the contrary intention appears or the context otherwise requires. (5) Section 69 of the Housing Act 1980, as in force before commencement, continues to apply in relation to things done or omitted to be done and agreements entered into before 30 commencement. page 171 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 9 Housing and Works Division 6 Transitional matters s. 402 402. Interpretation In this Division -- "commencement" means the time at which section 374 comes into operation; 5 "former body" means -- (a) the Country Housing Authority established by section 4 of the Country Housing Act 1998 as in force before commencement; (b) the Government Employees' Housing Authority 10 established by section 8 of the Government Employees' Housing Act 1964 as in force before commencement; "Housing Authority" means the Housing Authority referred to in section 6(4) of the Housing Act 1980 as in force after 15 commencement. page 172 Machinery of Government (Miscellaneous Amendments) Bill 2003 Indigenous Affairs Part 10 Aboriginal Affairs Planning Authority Act 1972 Division 1 s. 403 Part 10 -- Indigenous Affairs Division 1 -- Aboriginal Affairs Planning Authority Act 1972 403. The Act amended The amendments in this Division are to the Aboriginal Affairs 5 Planning Authority Act 1972*. [* Reprinted as at 5 February 1999.] 404. Long title amended The long title is amended by deleting ", a Commissioner for Aboriginal Planning". 10 405. Section 4 amended Section 4 is amended as follows: (a) by inserting the following definitions in the appropriate alphabetical positions -- " 15 "CEO" means the chief executive officer of the Department; "Department" means the department of the Public Service principally assisting in the administration of this Act; 20 "; (b) by deleting the definitions of "Commissioner" and "the Department". 406. Section 10 repealed Section 10 is repealed. 25 407. Section 16 repealed Section 16 is repealed. page 173 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 10 Indigenous Affairs Division 1 Aboriginal Affairs Planning Authority Act 1972 s. 408 408. Section 17 amended Section 17 is amended by deleting "Commissioner, or deputy of the Commissioner" and inserting instead -- " CEO ". 5 409. Section 19 amended Section 19(1) is amended as follows: (a) in paragraph (a) by deleting "Commissioner, or in his absence the deputy of the Commissioner" and inserting instead -- 10 " CEO "; (b) by deleting paragraph (c) and inserting the following paragraph instead -- " (c) the chief executive officer of each of the 15 following -- (i) the department of the Public Service for which the Under Treasurer is the chief executive officer; (ii) the Department as defined in section 3 20 of the Health Legislation Administration Act 1984; (iii) the Department as defined in section 3 of the Community Services Act 1972; (iv) the department referred to in section 228 25 of the School Education Act 1999; (v) the Housing Authority. ". 410. Section 35 amended (1) Section 35(4) is repealed. 30 (2) Section 35(5) is amended by deleting ", the Director-General of the department established under section 4 of the Community Services Act 1972". page 174 Machinery of Government (Miscellaneous Amendments) Bill 2003 Indigenous Affairs Part 10 Aboriginal Affairs Planning Authority Act 1972 Division 1 s. 411 411. Section 43 amended (1) Section 43(1) is amended as follows: (a) in paragraph (a) by deleting "for the purpose"; (b) after paragraph (e) by deleting "and"; 5 (c) after paragraph (f) by deleting the full stop and inserting -- " ; and (g) any other moneys lawfully received by, made 10 available to, or payable to the Authority. ". (2) Section 43(2) is amended by deleting "at the Treasury". 412. Section 48 amended Section 48 is amended by deleting "officer of the department 15 established under section 4 of the Community Services Act 1972, or any". 413. Various references to Commissioner changed to CEO Each provision listed in the Table to this section is amended by deleting "Commissioner" in each place where it occurs and 20 inserting instead -- " CEO ". Table s. 11(1) and (2) s. 39(2) and (4) s. 14(4)(a) s. 40(a) s. 31(2) s. 47(b) s. 37 First Sch. cl. 6 Note: The heading to section 11 will be altered by deleting "Commissioner" and inserting instead "CEO". page 175 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 10 Indigenous Affairs Division 2 Transitional provisions s. 414 Division 2 -- Transitional provisions 414. Aboriginal Affairs Planning Authority Act 1972 (1) A thing done or omitted to be done by, to or in relation to the Commissioner before commencement has the same effect after 5 commencement, to the extent that it has any force or significance after commencement, as if it had been done or omitted by, to or in relation to the CEO. (2) Section 35(5) of the Aboriginal Affairs Planning Authority Act 1972 (as in force before commencement) continues to apply 10 in relation to things done or omitted to be done before commencement by the Director-General of the department established under section 4 of the Community Services Act 1972 (as in force immediately before commencement). (3) In this section -- 15 "CEO" has the meaning given by section 4 of the Aboriginal Affairs Planning Authority Act 1972 as in force after commencement; "commencement" means the time at which section 404 comes into operation; 20 "Commissioner" has the meaning given to "Commissioner for Aboriginal Affairs" by section 10 of the Aboriginal Affairs Planning Authority Act 1972 as in force before commencement. page 176 Machinery of Government (Miscellaneous Amendments) Bill 2003 Local Government and Regional Development, and Heritage Part 11 Animal Welfare Act 2002 Division 1 s. 415 Part 11 -- Local Government and Regional Development, and Heritage Division 1 -- Animal Welfare Act 2002 415. The Act amended 5 The amendments in this Division are to the Animal Welfare Act 2002*. [* Act No. 33 of 2002.] 416. Section 5 amended Section 5(1) is amended as follows: 10 (a) by inserting the following definition in the appropriate alphabetical position -- " "CEO" means the chief executive officer of the Department; 15 "; (b) by deleting the definition of "Director General". 417. Section 90 amended Section 90(2) is amended by deleting "Director General's" and inserting instead -- 20 " CEO's ". 418. Various references to Director General changed to CEO Each provision listed in the Table to this section is amended by deleting "Director General" in each place where it occurs and inserting instead -- 25 " CEO ". Table s. 18(1), (2) and (4) s. 55(5) page 177 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 11 Local Government and Regional Development, and Heritage Division 2 Control of Vehicles (Off-road Areas) Act 1978 s. 419 s. 33(1), (2), (3), (4) and (5) s. 75(6) s. 34(1), (2), (3) and (4) s. 82(1) and (4) s. 35(2) and (4)(b) s. 83(1), (2) and (4) s. 36(1) and (3) s. 89 s. 37(1)(d) and (2)(c) s. 90(1) and (2) s. 44(11) (defn. "owner") Note: The heading to section 89 will be altered by deleting "Director General" and inserting instead "CEO". Division 2 -- Control of Vehicles (Off-road Areas) Act 1978 419. The Act amended 5 The amendments in this Division are to the Control of Vehicles (Off-road Areas) Act 1978*. [* Reprinted as at 2 August 2002.] 420. Section 3 amended Section 3(1) is amended by deleting the definition of 10 "departmental adviser". 421. Section 21 amended Section 21(8) is repealed. 422. Section 22 repealed Section 22 is repealed. 15 423. Section 38 amended Section 38(2) is amended by deleting paragraphs (a), (b), (c) and (d) and inserting the following paragraphs instead -- " (a) an inspector, under the Environmental 20 Protection Act 1986; page 178 Machinery of Government (Miscellaneous Amendments) Bill 2003 Local Government and Regional Development, and Heritage Part 11 Heritage of Western Australia Act 1990 Division 3 s. 424 (b) a conservation and land management officer, forest officer, wildlife officer or ranger, under the Conservation and Land Management Act 1984; 5 ". Division 3 -- Heritage of Western Australia Act 1990 424. The Act amended The amendments in this Division are to the Heritage of Western Australia Act 1990*. 10 [* Reprinted as at 1 June 2001. For subsequent amendments see Acts Nos. 24 and 45 of 2002.] 425. Section 14 amended (1) Section 14(2)(a) is amended by deleting "for those purposes". 15 (2) Section 14(4) is amended by deleting "at the Treasury". Division 4 -- Local Government Act 1995 426. The Act amended The amendments in this Division are to the Local Government Act 1995*. 20 [* Reprinted as at 18 February 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 223, and Acts Nos. 20, 21 and 28 of 2003.] page 179 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 11 Local Government and Regional Development, and Heritage Division 4 Local Government Act 1995 s. 427 427. Section 1.4 amended Section 1.4 is amended as follows: (a) by inserting the following definition in the appropriate alphabetical position -- 5 " "Departmental CEO" means the chief executive officer of the Department; "; (b) by deleting the definition of "Executive Director". 10 428. Section 9.58 amended Section 9.58(4)(b) is deleted and the following paragraph is inserted instead -- " (b) lodge with the Commissioner as defined in 15 section 4(1) of the Consumer Affairs Act 1971, ". 429. Section 9.67 amended Section 9.67(1) is amended by deleting "the Executive Director's" and inserting instead -- 20 " the Departmental CEO's ". 430. Various references to Executive Director changed to Departmental CEO Each provision listed in the Table to this section is amended by deleting "Executive Director" in each place where it occurs and 25 inserting instead -- " Departmental CEO ". Table s. 7.7 s. 8.36(1) s. 7.8(2) s. 8.41(2) page 180 Machinery of Government (Miscellaneous Amendments) Bill 2003 Local Government and Regional Development, and Heritage Part 11 Local Government Grants Act 1978 Division 5 s. 431 s. 8.1 s. 8.43(2) s. 8.2(1) s. 8.44 s. 8.3(1), (2), (3) and (4) s. 9.45 s. 8.4(2) and (4) s. 9.66(1) s. 8.13(3) and (4) s. 9.67(1) s. 8.14(1) and (2) Sch. 2.5 cl. 10 s. 8.35(3) Note: The headings to sections 7.7, 8.2, 8.3 and 9.67 will be altered by deleting "Executive Director" and inserting instead "Departmental CEO". Division 5 -- Local Government Grants Act 1978 5 431. The Act amended The amendments in this Division are to the Local Government Grants Act 1978*. [* Reprinted as at 1 March 2002.] 432. Section 3 amended 10 Section 3 is amended by inserting the following definition in the appropriate alphabetical position -- " "Department" has the meaning given by section 1.4 of the Local Government Act 1995; 15 ". 433. Section 5 amended Section 5(1)(b) is amended by deleting "of Local Government of the State". 434. Section 6 amended 20 Section 6(2)(f) is amended by deleting "of Local Government". page 181 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 11 Local Government and Regional Development, and Heritage Division 6 Regional Development Commissions Act 1993 s. 435 Division 6 -- Regional Development Commissions Act 1993 435. The Act amended The amendments in this Division are to the Regional Development Commissions Act 1993*. 5 [* Reprinted as at 26 November 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 330-1.] 436. Section 3 amended Section 3(1) is amended by deleting the definition of 10 "Department". 437. Section 31 amended Section 31(2) is amended by deleting "at the Treasury". page 182 Machinery of Government (Miscellaneous Amendments) Bill 2003 Planning and Infrastructure, and Land Information Part 12 Land Administration Act 1997 Division 1 s. 438 Part 12 -- Planning and Infrastructure, and Land Information Division 1 -- Land Administration Act 1997 438. The Act amended 5 The amendments in this Division are to the Land Administration Act 1997*. [* Reprinted as at 22 June 2001. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 203 and 10 Act No. 31 of 2003.] 439. Section 3 amended Section 3(1) is amended in the definition of "authorised land officer" by deleting "public service officer of the Department" and inserting instead -- 15 " a person ". 440. Section 8 amended (1) Section 8(1) is amended in the definition of "the Program" by deleting "within the Department". (2) Section 8(8) is amended by deleting "the Department" and 20 inserting instead -- " the department of the Public Service principally assisting in the administration of the Program ". 25 441. Section 30 amended (1) Section 30 is amended as follows: (a) by inserting before "The Minister" the subsection designation "(1)"; page 183 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 12 Planning and Infrastructure, and Land Information Division 1 Land Administration Act 1997 s. 442 (b) by deleting "public service officer of the Department" and inserting instead -- " person employed in a public authority ". (2) At the end of section 30 the following subsection is inserted -- 5 " (2) In this section -- "public authority" means -- (a) a department of the Public Service; or (b) a body, whether corporate or unincorporate, 10 established for a public purpose under a written law. ". 442. Section 202 amended After section 202(3) the following subsection is inserted -- 15 " (4) In subsection (2)(b) -- "Department" means the department of the Public Service principally assisting in the administration of the TLA. 20 ". 443. Section 259 amended Section 259(2) is amended by inserting after "delegate of the Minister" -- " , an authorised land officer ". page 184 Machinery of Government (Miscellaneous Amendments) Bill 2003 Planning and Infrastructure, and Land Information Part 12 Land Valuation Tribunals Act 1978 Division 2 s. 444 Division 2 -- Land Valuation Tribunals Act 1978 444. The Act amended The amendments in this Division are to the Land Valuation Tribunals Act 1978*. 5 [* Reprinted as at 25 October 2002.] 445. Section 6 amended Section 6(1)(c) is amended by deleting "for Consumer Affairs" and inserting instead -- " 10 to whom the administration of the Consumer Affairs Act 1971 is committed ". Division 3 -- Main Roads Act 1930 446. The Act amended 15 The amendments in this Division are to the Main Roads Act 1930*. [* Reprinted as at 28 January 2000.] 447. Section 31 amended Section 31(1) is amended as follows: 20 (a) by deleting "maintained at the Treasury,"; (b) in paragraph (a) by deleting "for the purposes of this Act"; (c) at the end of paragraph (c) by deleting "and"; page 185 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 12 Planning and Infrastructure, and Land Information Division 4 Metropolitan Region Town Planning Scheme Act 1959 s. 448 (d) after paragraph (d) by deleting the full stop and inserting instead -- " ; and 5 (e) any other moneys lawfully received by, made available to, or payable to the Commissioner. ". Division 4 -- Metropolitan Region Town Planning Scheme Act 1959 10 448. The Act amended The amendments in this Division are to the Metropolitan Region Town Planning Scheme Act 1959*. [* Reprint 9 as at 1 August 2003. For subsequent amendments see Act No. 54 of 2003.] 15 449. Section 38 amended Section 38(1)(a) is amended by deleting "at the Treasury forming" and inserting instead -- " as ". Division 5 -- Valuation of Land Act 1978 20 450. The Act amended The amendments in this Division are to the Valuation of Land Act 1978*. [* Reprinted as at 15 June 2001. For subsequent amendments see Act No. 45 of 2002.] page 186 Machinery of Government (Miscellaneous Amendments) Bill 2003 Planning and Infrastructure, and Land Information Part 12 Western Australian Coastal Shipping Commission Act 1965 Division 6 s. 451 451. Section 4 amended Section 4(1) is amended in the definition of "unimproved value" in paragraph (b)(iv) by deleting "Forests Department" and inserting instead -- 5 " Department (as defined in section 3 of the Conservation and Land Management Act 1984) ". 10 Division 6 -- Western Australian Coastal Shipping Commission Act 1965 452. The Act amended The amendments in this Division are to the Western Australian Coastal Shipping Commission Act 1965*. 15 [* Reprinted as at 8 March 2002.] 453. Section 25 amended (1) Section 25(1)(a) is amended by deleting "for that purpose". (2) Section 25(2)(a) is amended by deleting "at the Treasury". Division 7 -- Western Australian Marine (Sea Dumping) 20 Act 1981 454. The Act amended The amendments in this Division are to the Western Australian Marine (Sea Dumping) Act 1981*. [* Act No. 111 of 1981. 25 For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 427.] page 187 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 12 Planning and Infrastructure, and Land Information Division 8 Western Australian Planning Commission Act 1985 s. 455 455. Section 14 amended Section 14(8)(c)(i) is amended by deleting "Department of Fisheries and Wildlife" and inserting instead -- " 5 CEO as defined in section 4(1) of the Fish Resources Management Act 1994 ". Division 8 -- Western Australian Planning Commission Act 1985 456. The Act amended 10 The amendments in this Division are to the Western Australian Planning Commission Act 1985*. [* Reprinted as at 16 March 2001. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 429 and 15 Acts Nos. 24 of 2002 and 54 of 2003.] 457. Section 19 amended Section 19(1g)(a)(v) is amended by deleting "Commissioner within the meaning of the Health Act 1911" and inserting instead -- 20 " CEO as defined in section 3 of the Health Legislation Administration Act 1984 ". 25 458. Section 45 amended Section 45(2) is amended by deleting "at the Treasury". page 188 Machinery of Government (Miscellaneous Amendments) Bill 2003 Police and Emergency Services Part 13 Bush Fires Act 1954 Division 1 s. 459 Part 13 -- Police and Emergency Services Division 1 -- Bush Fires Act 1954 459. The Act amended The amendments in this Division are to the Bush Fires 5 Act 1954*. [* Reprint 6 as at 1 August 2003.] 460. Section 7 amended Section 7 is amended by inserting the following definitions in the appropriate alphabetical positions -- 10 " "CALM Act CEO" has the meaning given to "CEO" by section 3 of the Conservation and Land Management Act 1984; "CALM Act Department" has the meaning given to 15 "Department" by section 3 of the Conservation and Land Management Act 1984; ". 461. Section 28 amended Section 28(4)(a) and (b) are amended by deleting "Executive 20 Director of the Department of Conservation and Land Management" and inserting instead -- " CALM Act CEO ". 462. Section 34 amended Section 34(2) is amended as follows: 25 (a) in paragraphs (a) and (b) by deleting "Executive Director of the Department of Conservation and Land Management" and inserting instead -- " CALM Act CEO "; page 189 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 13 Police and Emergency Services Division 1 Bush Fires Act 1954 s. 463 (b) in paragraph (a) by deleting "Executive Director" in the second and third places where it occurs and inserting instead -- " CALM Act CEO ". 5 463. Section 37 amended Section 37(2)(a) and (b) are amended by deleting "Department of Conservation and Land Management" and inserting instead -- " CALM Act Department ". 10 464. Section 58 amended Section 58(3) is amended by deleting "Executive Director of the Department of Conservation and Land Management" and inserting instead -- " CALM Act CEO ". 15 465. Section 66 amended Section 66(1)(b)(iii) is amended as follows: (a) by deleting "Executive Director of the Department of Conservation and Land Management" and inserting instead -- 20 " CALM Act CEO "; (b) by deleting "Department of Conservation and Land Management" in the second place where it occurs and inserting instead -- " CALM Act Department ". page 190 Machinery of Government (Miscellaneous Amendments) Bill 2003 Police and Emergency Services Part 13 Misuse of Drugs Act 1981 Division 2 s. 466 Division 2 -- Misuse of Drugs Act 1981 466. The Act amended The amendments in this Division are to the Misuse of Drugs Act 1981*. 5 [* Reprinted as at 11 January 2002. For subsequent amendments see Act No. 9 of 2003.] 467. Section 38D amended (1) Section 38D(1) is repealed and the following subsection is inserted instead -- 10 " (1) In this section -- "CEO (Health)" has the meaning given to "CEO" by section 3 of the Health Legislation Administration Act 1984. 15 ". (2) Section 38D(2) is amended by deleting "Commissioner of Health" in the 2 places where it occurs and inserting instead -- " CEO (Health) ". page 191 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 14 Premier, and Public Sector Management Division 1 Constitution Acts Amendment Act 1899 s. 468 Part 14 -- Premier, and Public Sector Management Division 1 -- Constitution Acts Amendment Act 1899 468. The Act amended The amendments in this Division are to the Constitution Acts 5 Amendment Act 1899*. [* Reprint 12 as at 3 October 2003.] 469. Schedule V amended Schedule V Part 3 is amended as follows: (a) by deleting the items relating to the Country Housing 10 Authority, the Government Employees' Housing Authority and The State Housing Commission; (b) by deleting the item relating to the Fishing and Allied Industries Committee. Division 2 -- Public Sector Management Act 1994 15 470. The Act amended The amendments in this Division are to the Public Sector Management Act 1994*. [* Reprinted as at 9 February 2001. For subsequent amendments see Western Australian 20 Legislation Information Tables for 2002, Table 1, p. 317 and Acts Nos. 29, 31 and 35 of 2003 and Gazette 15 August 2003 p. 3685-92.] 471. Schedule 2 amended Schedule 2 is amended by deleting item 47 and inserting the 25 following item instead -- " 47 Housing Authority, provided for under the Housing Act 1980 ". page 192 Machinery of Government (Miscellaneous Amendments) Bill 2003 Racing and Gaming Part 15 Gaming Commission Act 1987 Division 1 s. 472 Part 15 -- Racing and Gaming Division 1 -- Gaming Commission Act 1987 472. The Act amended The amendments in this Division are to the Gaming 5 Commission Act 1987*. [* Reprinted as at 30 October 1998. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 153 and Acts Nos. 45 of 2002 and 35 of 2003. 10 The name of the Gaming Commission Act 1987 will, on the appointed day, change to the Gaming and Wagering Commission Act 1987. The appointed day is to be fixed under section 7 of the Racing and Gambling Legislation Amendment and Repeal Act 2003.] 15 473. Section 9 amended (1) Section 9(1)(a) is amended by deleting "for that purpose". (2) Section 9(2)(a) is amended by deleting "at the Treasury". 474. Section 110A amended Section 110A(1)(a) is amended by deleting "at the Treasury". 20 Division 2 -- Racing and Wagering Western Australia Act 2003 475. The Act amended The amendments in this Division are to the Racing and Wagering Western Australia Act 2003*. [* Act No. 36 of 2003.] page 193 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 15 Racing and Gaming Division 3 Racing Penalties (Appeals) Act 1990 s. 476 476. Section 89 amended Section 89 is amended by deleting "not in an account at the Treasury" and inserting instead -- " 5 in an account described in paragraph (b) of the definition of "account" in section 88(1)(b) ". Division 3 -- Racing Penalties (Appeals) Act 1990 477. The Act amended 10 The amendments in this Division are to the Racing Penalties (Appeals) Act 1990*. [* Reprinted as at 19 October 2001. For subsequent amendments see Act No. 35 of 2003.] 478. Section 24 amended 15 (1) Section 24(1)(a) is amended by deleting "for that purpose". (2) Section 24(8)(a) is amended by deleting "at the Treasury,". page 194 Machinery of Government (Miscellaneous Amendments) Bill 2003 Sport and Recreation Part 16 Boxing Control Act 1987 Division 1 s. 479 Part 16 -- Sport and Recreation Division 1 -- Boxing Control Act 1987 479. The Act amended The amendments in this Division are to the Boxing Control 5 Act 1987*. [* Act No. 2 of 1987. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 36. The name of the Boxing Control Act 1987 will change to the 10 Professional Combat Sports Act 1987 when the Boxing Control Amendment Act 2003 comes into operation.] 480. Section 12 amended (1) Section 12(1)(a) is amended by deleting "at the Treasury". (2) Section 12(2) is amended after paragraph (c) by deleting the full 15 stop and inserting -- " ; and (d) any other moneys lawfully received by, made available to, or payable to the Commission. 20 ". Division 2 -- Western Australian Sports Centre Trust Act 1986 481. The Act amended The amendment in this Division is to the Western Australian Sports Centre Trust Act 1986*. 25 [* Reprinted as at 22 March 2002.] 482. Section 15 amended Section 15(2) is amended by deleting "at the Treasury". page 195 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 17 Treasurer, and Government Enterprises Division 1 Anzac Day Act 1960 s. 483 Part 17 -- Treasurer, and Government Enterprises Division 1 -- Anzac Day Act 1960 483. The Act amended The amendments in this Division are to the Anzac Day 5 Act 1960*. [* Reprinted as at 24 May 2002. For subsequent amendments see Acts Nos. 28 and 35 of 2003.] 484. Section 10 amended 10 (1) Section 10(1) is amended by deleting "at the Treasury, forming" and inserting instead -- " , as ". (2) Section 10(2) is amended as follows: (a) by deleting "the Treasury to the credit of "; 15 (b) after paragraph (c) by deleting "and"; (c) after paragraph (d) by deleting the full stop and inserting -- " ; and 20 (e) any other moneys lawfully received by, made available to, or payable to the Trust. ". Division 2 -- Economic Regulation Authority Act 2003 485. The Act amended 25 The amendments in this Division are to the Economic Regulation Authority Act 2003*. [* Act No. 67 of 2003.] page 196 Machinery of Government (Miscellaneous Amendments) Bill 2003 Treasurer, and Government Enterprises Part 17 Financial Administration and Audit Act 1985 Division 3 s. 486 486. Section 23 amended Section 23(2) is amended as follows: (a) by deleting "and" in the second place where it occurs; (b) by inserting after "function of the Authority" -- 5 " and need only be complied with to the extent practicable ". Division 3 -- Financial Administration and Audit Act 1985 10 487. The Act amended The amendments in this Division are to the Financial Administration and Audit Act 1985*. [* Reprinted as at 16 September 2002. For subsequent amendments see Western Australian 15 Legislation Information Tables for 2002, Table 1, p. 139 and Acts Nos. 31 and 35 of 2003.] 488. Schedule 1 amended Schedule 1 is amended as follows: (a) by deleting "Country Housing Authority"; 20 (b) by deleting "Government Employees' Housing Authority"; (c) by deleting "The State Housing Commission"; (d) by inserting in the appropriate alphabetical position the following item -- 25 " Housing Authority ". page 197 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 17 Treasurer, and Government Enterprises Division 4 Gold Corporation Act 1987 s. 489 Division 4 -- Gold Corporation Act 1987 489. The Act amended The amendments in this Division are to the Gold Corporation Act 1987*. 5 [* Reprinted as at 2 January 2001. For subsequent amendments see Acts Nos. 20 and 28 of 2003.] 490. Section 3 amended Section 3(1) is amended as follows: 10 (a) by inserting the following definition in the appropriate alphabetical position -- " "Treasury" means the department of the Public Service for which the Under Treasurer is the chief 15 executive officer. "; (b) in the definition of "Treasurer" by deleting "State." and inserting instead -- " State; ". 20 491. Heading to Part II amended The heading to Part II is amended by inserting after "Constitution" -- " and administration ". 492. Section 9 amended 25 Section 9(1)(a) is amended by inserting after "officer" -- " of Gold Corporation ". page 198 Machinery of Government (Miscellaneous Amendments) Bill 2003 Treasurer, and Government Enterprises Part 17 Gold Corporation Act 1987 Division 4 s. 493 493. Sections 9A, 9B and 9C inserted After section 9 the following sections are inserted -- " 9A. Duty to observe policy instruments 5 Gold Corporation is to perform its functions in accordance with its strategic development plan and its statement of corporate intent as existing from time to time. 9B. Strategic development plans and statements of 10 corporate intent (1) The Board must, at the prescribed times, prepare and submit to the Minister -- (a) a strategic development plan for Gold Corporation; and 15 (b) a statement of corporate intent for Gold Corporation. (2) The regulations may make provision for the following -- (a) the manner and form in which the Board is to 20 prepare, submit, revise or modify a strategic development plan or statement of corporate intent; (b) the period a strategic development plan or statement of corporate intent is to cover; 25 (c) the matters to be set out in a strategic development plan or statement of corporate intent; (d) the functions of the Board, the Minister and the Treasurer in relation to the development, 30 approval or modification of a strategic development plan or statement of corporate intent; page 199 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 17 Treasurer, and Government Enterprises Division 4 Gold Corporation Act 1987 s. 493 (e) the operation of a strategic development plan or statement of corporate intent. (3) If a regulation referred to in subsection (2) enables the Minister to give directions to the Board, the Minister 5 must within 14 days after a direction is given under the regulation cause a copy of the direction to be laid before each House of Parliament or be dealt with in accordance with section 9C. (4) Regulations referred to in subsection (2) are not to be 10 made except with the Treasurer's concurrence. 9C. Laying directions about strategic development plans or statements of corporate intent before Parliament (1) If -- (a) a House of Parliament is not sitting at the 15 commencement of the period referred to in section 9B(3) in respect of a direction; and (b) the Minister is of the opinion that that House will not sit during that period, the Minister is to transmit a copy of the direction to the 20 Clerk of that House. (2) A copy of a direction transmitted to the Clerk of a House is to be regarded -- (a) as having been laid before that House; and (b) as being a document published by order or 25 under the authority of that House. (3) The laying of a copy of a direction that is regarded as having occurred under subsection (2)(a) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the 30 Clerk received the copy. page 200 Machinery of Government (Miscellaneous Amendments) Bill 2003 Treasurer, and Government Enterprises Part 17 Gold Corporation Act 1987 Division 4 s. 494 (4) The text of a direction referred to in section 9B(3) is to be included in the annual report submitted by the accountable authority of Gold Corporation under section 66 of the Financial Administration and Audit 5 Act 1985. ". 494. Section 16 amended (1) Section 16(1) is amended as follows: (a) in paragraphs (a) and (b) by deleting "Treasurer" and 10 inserting instead -- " Minister with the Treasurer's concurrence "; (b) after paragraph (c)(i) by deleting "or" and inserting -- " (ia) the Minister; or 15 ". (2) Section 16(2)(a) is amended by deleting "Treasurer" and inserting instead -- " Minister ". 495. Section 21 amended 20 (1) Section 21(1) is amended by deleting "Treasurer" and inserting instead -- " Minister, with the concurrence of the Treasurer, ". (2) Section 21(2) is amended by inserting after "Treasurer" -- " or Minister ". 25 (3) Section 21(4), (5) and (6) are amended by deleting "Treasurer" and inserting instead -- " Minister ". page 201 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 17 Treasurer, and Government Enterprises Division 4 Gold Corporation Act 1987 s. 496 496. Section 40 amended Section 40(2) is amended by inserting after "officer" -- " of Gold Corporation ". 497. Section 51 amended 5 Section 51(2) is amended by inserting after "officer" -- " of Gold Corporation ". 498. Schedule 1 amended (1) Schedule 1 clause 1(1) is amended by deleting ", the deputy chief executive officer or" and inserting instead -- 10 " or deputy chief executive officer of Gold Corporation or who ". (2) Schedule 1 clause 3(1) is amended by inserting after "officer" in 15 the second place where it occurs -- " of Gold Corporation ". (3) Schedule 1 clause 4 is amended by deleting ", the deputy chief executive officer" and inserting instead -- " or deputy chief executive officer of Gold Corporation ". 20 (4) Schedule 1 clause 5(3) is amended by deleting ", the deputy chief executive officer" and inserting instead -- " and the deputy chief executive officer of Gold Corporation, ". page 202 Machinery of Government (Miscellaneous Amendments) Bill 2003 Treasurer, and Government Enterprises Part 17 Insurance Commission of Western Australia Act 1986 Division 5 s. 499 Division 5 -- Insurance Commission of Western Australia Act 1986 499. The Act amended The amendment in this Division is to the Insurance Commission 5 of Western Australia Act 1986*. [* Reprinted as at 12 November 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 185.] 500. Division 3A inserted 10 After section 14 the following Division is inserted -- " Division 3A -- Strategic development plans and statements of corporate intent 14A. Duty to observe policy instruments 15 The Commission is to perform its functions in accordance with its strategic development plan and its statement of corporate intent as existing from time to time. 14B. Strategic development plans and statements of 20 corporate intent (1) The board of commissioners must, at the prescribed times, prepare and submit to the Minister -- (a) a strategic development plan for the Commission; and 25 (b) a statement of corporate intent for the Commission. page 203 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 17 Treasurer, and Government Enterprises Division 5 Insurance Commission of Western Australia Act 1986 s. 500 (2) The regulations may make provision for the following -- (a) the manner and form in which the board of commissioners is to prepare, submit, revise or 5 modify a strategic development plan or statement of corporate intent; (b) the period a strategic development plan or statement of corporate intent is to cover; (c) the matters to be set out in a strategic 10 development plan or statement of corporate intent; (d) the functions of the board of commissioners, the Minister and the Treasurer in relation to the development, approval or modification of a 15 strategic development plan or statement of corporate intent; (e) the operation of a strategic development plan or statement of corporate intent. (3) If a regulation referred to in subsection (2) enables the 20 Minister to give directions to the board of commissioners, the Minister must cause a copy of a direction given under the regulation to be laid before each House of Parliament or be dealt with in accordance with section 14C -- 25 (a) within 14 days after the direction is given; or (b) if the direction is the subject of a notice under section 17 of the Statutory Corporations (Liability of Directors) Act 1996, within 14 days after it is confirmed under that section. 30 (4) Regulations referred to in subsection (2) are not to be made except with the Treasurer's concurrence. page 204 Machinery of Government (Miscellaneous Amendments) Bill 2003 Treasurer, and Government Enterprises Part 17 Insurance Commission of Western Australia Act 1986 Division 5 s. 500 14C. Laying directions about strategic development plans or statements of corporate intent before Parliament (1) If -- (a) a House of Parliament is not sitting at the 5 commencement of the applicable period referred to in section 14B(3) in respect of a direction; and (b) the Minister is of the opinion that that House will not sit during that period, 10 the Minister is to transmit a copy of the direction to the Clerk of that House. (2) A copy of a direction transmitted to the Clerk of a House is to be regarded -- (a) as having been laid before that House; and 15 (b) as being a document published by order or under the authority of that House. (3) The laying of a copy of a direction that is regarded as having occurred under subsection (2)(a) is to be recorded in the Minutes, or Votes and Proceedings, of 20 the House on the first sitting day of the House after the Clerk received the copy. (4) The text of a direction referred to in section 14B(3) is to be included in the annual report submitted by the accountable authority of the Commission under 25 section 66 of the Financial Administration and Audit Act 1985. ". page 205 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 17 Treasurer, and Government Enterprises Division 6 Lotteries Commission Act 1990 s. 501 Division 6 -- Lotteries Commission Act 1990 501. The Act amended The amendments in this Division are to the Lotteries Commission Act 1990*. 5 [* Reprinted as at 6 August 1999.] 502. Sections 8A, 8B and 8C inserted After section 8 the following sections are inserted -- " 8A. Duty to observe policy instruments 10 The Commission is to perform its functions in accordance with its strategic development plan and its statement of corporate intent as existing from time to time. 8B. Strategic development plans and statements of 15 corporate intent (1) The members of the Commission must, at the prescribed times, prepare and submit to the Minister -- (a) a strategic development plan for the Commission; and 20 (b) a statement of corporate intent for the Commission. (2) The regulations may make provision for the following -- (a) the manner and form in which the members of 25 the Commission are to prepare, submit, revise or modify a strategic development plan or statement of corporate intent; (b) the period a strategic development plan or statement of corporate intent is to cover; page 206 Machinery of Government (Miscellaneous Amendments) Bill 2003 Treasurer, and Government Enterprises Part 17 Lotteries Commission Act 1990 Division 6 s. 502 (c) the matters to be set out in a strategic development plan or statement of corporate intent; (d) the functions of the members of the 5 Commission, the Minister and the Treasurer in relation to the development, approval or modification of a strategic development plan or statement of corporate intent; (e) the operation of a strategic development plan or 10 statement of corporate intent. (3) If a regulation referred to in subsection (2) enables the Minister to give directions to the members of the Commission, the Minister must cause a copy of a direction given under the regulation to be laid before 15 each House of Parliament or be dealt with in accordance with section 8C -- (a) within 14 days after the direction is given; or (b) if the direction is the subject of a notice under section 17 of the Statutory Corporations 20 (Liability of Directors) Act 1996, within 14 days after it is confirmed under that section. (4) Regulations referred to in subsection (2) are not to be made except with the Treasurer's concurrence. 8C. Laying directions about strategic development plans 25 or statements of corporate intent before Parliament (1) If -- (a) a House of Parliament is not sitting at the commencement of the applicable period referred to in section 8B(3) in respect of a 30 direction; and (b) the Minister is of the opinion that that House will not sit during that period, the Minister is to transmit a copy of the direction to the Clerk of that House. page 207 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 17 Treasurer, and Government Enterprises Division 7 Parliamentary Superannuation Act 1970 s. 503 (2) A copy of a direction transmitted to the Clerk of a House is to be regarded -- (a) as having been laid before that House; and (b) as being a document published by order or 5 under the authority of that House. (3) The laying of a copy of a direction that is regarded as having occurred under subsection (2)(a) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the 10 Clerk received the copy. (4) The text of a direction referred to in section 8B(3) is to be included in the annual report submitted by the accountable authority of the Commission under section 66 of the Financial Administration and Audit 15 Act 1985. ". 503. Section 22 amended Section 22(1) is amended by deleting "at the Treasury forming" and inserting instead -- 20 " , as ". Division 7 -- Parliamentary Superannuation Act 1970 504. The Act amended The amendments in this Division are to the Parliamentary Superannuation Act 1970*. 25 [* Reprint 3 as at 4 April 2003.] 505. Section 6 amended (1) Section 6(3)(a) is amended by deleting "Treasurer" and inserting instead -- " Minister ". page 208 Machinery of Government (Miscellaneous Amendments) Bill 2003 Treasurer, and Government Enterprises Part 17 Rates and Charges (Rebates and Deferments) Act 1992 Division 8 s. 506 (2) Section 6(5) is amended by deleting "Treasurer" in both places where it occurs and inserting instead -- " Minister ". Division 8 -- Rates and Charges (Rebates and Deferments) 5 Act 1992 506. The Act amended The amendments in this Division are to the Rates and Charges (Rebates and Deferments) Act 1992*. [* Reprinted as at 19 May 2000. 10 For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 327 and Act No. 28 of 2003.] 507. Section 3 amended Section 3(1) is amended in the definition of "State concession 15 card" by deleting "Director-General of the department established under section 4" and inserting instead -- " CEO as defined in section 3 ". 508. Section 6 amended (1) Section 6(1) is amended by deleting "Director-General of the 20 department established under section 4 of the Community Services Act 1972" and inserting instead -- " CEO as defined in section 3 of the Community Services Act 1972 (the "CEO") 25 ". (2) Section 6(2) is amended by deleting "Director-General" in both places where it occurs and inserting instead -- " CEO ". page 209 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 17 Treasurer, and Government Enterprises Division 9 Stamp Act 1921 s. 509 (3) Section 6(3) is amended by deleting "Director-General" and inserting instead -- " CEO ". 509. Section 46 amended 5 Section 46(2) is amended by deleting "The State Housing Commission" in both places where it occurs and inserting instead -- " the Housing Authority ". Division 9 -- Stamp Act 1921 10 510. The Act amended The amendments in this Division are to the Stamp Act 1921*. [* Reprint 14 as at 12 September 2003.] 511. Section 79 amended Section 79(6) and (7) are amended by deleting "The State 15 Housing Commission" and inserting instead -- " the Housing Authority ". Division 10 -- State Superannuation Act 2000 512. The Act amended The amendment in this Division is to the State Superannuation 20 Act 2000*. [* Act No. 42 of 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 370 and Act No. 21 of 2003.] page 210 Machinery of Government (Miscellaneous Amendments) Bill 2003 Treasurer, and Government Enterprises Part 17 State Superannuation Act 2000 Division 10 s. 513 513. Sections 33A, 33B and 33C inserted After section 33 the following sections are inserted -- " 33A. Duty to observe policy instruments 5 The Board is to perform its functions in accordance with its strategic development plan and its statement of corporate intent as existing from time to time. 33B. Strategic development plan and statement of corporate intent 10 (1) The Board must, at the prescribed times, prepare and submit to the Minister -- (a) a strategic development plan for the Board; and (b) a statement of corporate intent for the Board. (2) The regulations may make provision for the 15 following -- (a) the manner and form in which the Board is to prepare, submit, revise or modify a strategic development plan or statement of corporate intent; 20 (b) the period a strategic development plan or statement of corporate intent is to cover; (c) the matters to be set out in a strategic development plan or statement of corporate intent; 25 (d) the functions of the Board, the Minister and the Treasurer in relation to the development, approval or modification of a strategic development plan or statement of corporate intent; 30 (e) the operation of a strategic development plan or statement of corporate intent. page 211 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 17 Treasurer, and Government Enterprises Division 10 State Superannuation Act 2000 s. 513 (3) If a regulation referred to in subsection (2) enables the Minister to give directions to the Board, the Minister must cause a copy of a direction given under the regulation to be laid before each House of Parliament 5 or be dealt with in accordance with section 33C -- (a) within 14 days after the direction is given; or (b) if the direction is the subject of a notice under section 17 of the Statutory Corporations (Liability of Directors) Act 1996, within 10 14 days after it is confirmed under that section. (4) Regulations referred to in subsection (2) are not to be made except with the Treasurer's concurrence. 33C. Laying directions about strategic development plans or statements of corporate intent before Parliament 15 (1) If -- (a) a House of Parliament is not sitting at the commencement of the applicable period referred to in section 33B(3) in respect of a direction; and 20 (b) the Minister is of the opinion that that House will not sit during that period, the Minister is to transmit a copy of the direction to the Clerk of that House. (2) A copy of a direction transmitted to the Clerk of a 25 House is to be regarded -- (a) as having been laid before that House; and (b) as being a document published by order or under the authority of that House. (3) The laying of a copy of a direction that is regarded as 30 having occurred under subsection (2)(a) is to be recorded in the Minutes, or Votes and Proceedings, of page 212 Machinery of Government (Miscellaneous Amendments) Bill 2003 Treasurer, and Government Enterprises Part 17 Water Corporation Act 1995 Division 11 s. 514 the House on the first sitting day of the House after the Clerk received the copy. (4) The text of a direction referred to in section 33B(3) is to be included in the annual report submitted by the 5 accountable authority of the Board under section 66 of the Financial Administration and Audit Act 1985. ". Division 11 -- Water Corporation Act 1995 514. The Act amended 10 The amendments in this Division are to the Water Corporation Act 1995*. [* Reprinted as at 4 May 2001. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 419 and 15 Acts Nos. 21 and 28 of 2003 and Gazette 15 August 2003 p. 3685-92.] 515. Section 73 amended Section 73(1) is repealed and the following subsection is inserted instead -- 20 " (1) Funds of the corporation are to be credited to an account -- (a) forming part of the Trust Fund constituted under section 9 of the Financial Administration 25 and Audit Act 1985; or (b) with the approval of the Treasurer, at a bank. ". page 213 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 17 Treasurer, and Government Enterprises Division 12 Western Australian Treasury Corporation Act 1986 s. 516 Division 12 -- Western Australian Treasury Corporation Act 1986 516. The Act amended The amendments in this Division are to the Western Australian 5 Treasury Corporation Act 1986*. [* Reprinted as at 5 January 2001. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 431 and Act No. 21 of 2003 and Gazette 15 August 2003 p. 3685-92.] 10 517. Section 3 amended Section 3(1) is amended by inserting the following definition in the appropriate alphabetical position -- " "Treasury" means the department of the Public 15 Service of which the Under Treasurer is the chief executive officer; ". 518. Section 5B amended Section 5B(1)(c) is amended by inserting before "for the time 20 being" -- " of the Corporation ". 519. Section 8A amended Section 8A is amended by inserting after "officer" -- " of the Corporation ". page 214 Machinery of Government (Miscellaneous Amendments) Bill 2003 Treasurer, and Government Enterprises Part 17 Western Australian Treasury Corporation Act 1986 Division 12 s. 520 520. Section 9B inserted After section 9A the following section is inserted -- " 9B. Duty to observe policy instruments 5 The Corporation is to perform its functions in accordance with its strategic development plan and its statement of corporate intent as existing from time to time. ". 10 521. Section 10 amended Section 10(2)(fa)(xii) is amended by deleting "Treasurer" and inserting instead -- " Minister, with the concurrence of the Treasurer, ". 522. Section 16HA inserted 15 After section 16H the following section is inserted -- " 16HA. Concurrence of Treasurer The Minister is not to -- (a) agree to a draft strategic development plan 20 under section 16G; or (b) agree to or direct any modification of a strategic development plan under section 16H, except with the concurrence of the Treasurer. ". page 215 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 17 Treasurer, and Government Enterprises Division 12 Western Australian Treasury Corporation Act 1986 s. 523 523. Section 16PA inserted After section 16P the following section is inserted -- " 16PA. Concurrence of Treasurer 5 The Minister is not to -- (a) agree to a draft statement of corporate intent under section 16O; or (b) agree to or direct any modification of a statement of corporate intent under section 16P, 10 except with the concurrence of the Treasurer. ". 524. Section 17A amended Section 17A(3) is amended by deleting "Treasurer" and inserting instead -- 15 " Minister, with the concurrence of the Treasurer, ". 525. Section 18 amended Section 18(1a) is amended in the definition of "eligible person" in paragraph (a) by inserting after "officer" -- " of the Corporation ". 20 526. Section 21A amended After section 21A(3) the following subsection is inserted -- " (3a) This section also applies as if each reference in it to the Treasurer were instead a reference to the Minister. 25 ". page 216 Machinery of Government (Miscellaneous Amendments) Bill 2003 Treasurer, and Government Enterprises Part 17 Western Australian Treasury Corporation Act 1986 Division 12 s. 527 527. Section 21B amended After section 21B(3) the following subsection is inserted -- " (3a) The Corporation must give a copy of each quarterly 5 report to the Treasurer. ". 528. Schedule 2 amended Schedule 2 clause 5 is amended by inserting after "officer," in the second place where it occurs -- 10 " of the Corporation ". 529. Various references to Treasurer changed to Minister Each provision listed in the Table to this section is amended by deleting "Treasurer" in each place where it occurs and inserting instead -- 15 " Minister ". Table s. 5B(1)(d) s. 16N(1) and (2) s. 5D s. 16O(1), (2) and (3) s. 8(3) s. 16P(1), (2), (3) and (4) s. 16A(1) s. 16Q(1) s. 16C(3) s. 17A(2) s. 16D s. 19(1) and (2) s. 16E(1), (3) and (5) s. 20(1) and (2) s. 16F(1) and (2) s. 21B(1), (3) and (4) s. 16G Sch. 2 cl. 2(1) and (2) s. 16H(1), (2), (3) and (4) Sch. 2 cl. 6(1) and (2) s. 16I Sch. 2 cl. 15(2) s. 16K(2) and (3) Sch. 2 cl. 20(2) s. 16L Sch. 2 cl. 21(1) and (2) s. 16M(1), (3) and (5) page 217 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 17 Treasurer, and Government Enterprises Division 13 Transitional provisions s. 530 Note: The heading to section 21A will be altered by inserting "and Minister" after "Treasurer". The headings to sections 16A, 16I, 19 and 20 and to Schedule 2 clause 21 will be altered by deleting "Treasurer" and inserting instead 5 "Minister". The headings to sections 16E, 16G, 16M and 16O will be altered by deleting "Treasurer's" and inserting instead "Minister's". Division 13 -- Transitional provisions 530. Western Australian Treasury Corporation Act 1986 and Gold 10 Corporation Act 1987 (1) A thing done by the Treasurer before commencement under, or for the purposes of -- (a) section 10(2)(fa)(xii) or 17A(3) of the Western Australian Treasury Corporation Act 1986; or 15 (b) section 16(1)(a) or (b) or 21(1) of the Gold Corporation Act 1987, has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done by the Minister with the concurrence of the 20 Treasurer. (2) A thing done or omitted to be done by, to or in relation to, the Treasurer before commencement under, or for the purposes of -- (a) a provision of the Western Australian Treasury 25 Corporation Act 1986 amended by section 529; or (b) section 16(2)(a) or 21(2), (4), (5) or (6) of the Gold Corporation Act 1987, has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had 30 been done or omitted by, to or in relation to, the Minister. page 218 Machinery of Government (Miscellaneous Amendments) Bill 2003 Treasurer, and Government Enterprises Part 17 Transitional provisions Division 13 s. 530 (3) In this section -- "commencement" means the time at which this Division comes into operation; "Minister" means the Minister to whom the administration of 5 the Western Australian Treasury Corporation Act 1986 is committed. page 219 Machinery of Government (Miscellaneous Amendments) Bill 2003 Part 18 Various references to Permanent Head amended s. 531 Part 18 -- Various references to Permanent Head amended 531. Various references to Permanent Head changed to chief executive officer 5 (1) Each provision listed in the Table to this subsection is amended by deleting "Permanent Head" in each place where it occurs and inserting instead -- " chief executive officer ". Table Country Areas Water Supply Act 1947 s. 85(7) s. 120(1)(b)(iv) Dental Act 1939 s. 51A(2)(a) Equal Opportunity Act 1984 s. 141(a) Housing Loan Guarantee Act 1957 s. 6(1) Optical Dispensers Act 1966 s. 5(1), (2), (3) and (4) s. 6(1) s. 7(1), (2) and (3) s. 8(1) s. 10(1) and (2) s. 11 Shearers' Accommodation Act 1912 s. 5(2) s. 12 s. 14A 10 (2) Each provision listed in the Table to this subsection is amended by deleting "permanent head" in each place where it occurs and inserting instead -- " chief executive officer ". Table Industrial Training Act 1975 s. 7 s. 37E(1) and (2) Street Alignment Act 1844 s. 7 page 220 Machinery of Government (Miscellaneous Amendments) Bill 2003 General transitional provisions Part 19 s. 532 Part 19 -- General transitional provisions 532. References to Department by a former name (1) If -- (a) a written law refers, or is to be taken to refer, to a 5 department of the Public Service by a title that was given by a provision of an Act (the "principal Act"); and (b) the provision has been amended to remove that title, or has been repealed, by this Act, 10 then, on and after the day on which this Act comes into operation, the reference has effect as a reference to the department of the Public Service principally assisting in the administration of the principal Act. (2) Subsection (1) does not apply if a contrary intention appears or 15 the context otherwise requires. 533. References to chief executive officer by a former name (1) If -- (a) a written law refers, or is to be taken to refer, to a chief executive officer by a title that was given by a provision 20 of an Act (the "principal Act"); and (b) the provision has been amended to remove that title, or has been repealed, by this Act, then, on and after the day on which this Act comes into operation, the reference has effect as a reference to the chief 25 executive officer within the meaning of the principal Act. (2) Subsection (1) does not apply if a contrary intention appears or the context otherwise requires.
[Index] [Search] [Download] [Related Items] [Help]