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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Road Safety Council Amendment Bill 2011 CONTENTS 1. Short title 2 2. Commencement 2 3. Act amended 2 4. Section 5 amended 2 5. Section 6A inserted 3 6A. Minister may give directions 3 6. Section 12 amended 4 7. Section 15 replaced 5 15. Supplementary provision about laying directions before Parliament 5 16. Transitional provision: credits of prescribed penalties to the Account 5 217--1 page i Western Australia LEGISLATIVE ASSEMBLY Road Safety Council Amendment Bill 2011 A Bill for An Act to amend the Road Safety Council Act 2002. The Parliament of Western Australia enacts as follows: page 1 Road Safety Council Amendment Bill 2011 s. 1 1 1. Short title 2 This is the Road Safety Council Amendment Act 2011. 3 2. Commencement 4 This Act comes into operation as follows -- 5 (a) sections 1 and 2 -- on the day on which this Act 6 receives the Royal Assent; 7 (b) the rest of the Act -- on the day after that day. 8 3. Act amended 9 This Act amends the Road Safety Council Act 2002. 10 4. Section 5 amended 11 In section 5: 12 (a) in paragraph (f) delete "functions." and insert: 13 14 functions; and 15 16 (b) after paragraph (f) insert: 17 18 (g) to make recommendations to the Minister in 19 compliance with directions given by the 20 Minister under section 6A. 21 22 (c) after each of paragraphs (a), (b), (c) and (d) insert: 23 24 and 25 page 2 Road Safety Council Amendment Bill 2011 s. 5 1 5. Section 6A inserted 2 After section 5 insert: 3 4 6A. Minister may give directions 5 (1) The Minister may give a written direction to the 6 Council -- 7 (a) specifying a proposal for how money standing 8 to the credit of the Account should be spent to 9 implement one or more measures of a kind 10 referred to in section 5(a); and 11 (b) requiring the Council to make a 12 recommendation to the Minister as to whether 13 or not money standing to the credit of the 14 Account should be spent in accordance with the 15 proposal. 16 (2) The Council must give effect to a direction given by 17 the Minister under subsection (1) by recommending to 18 the Minister that money standing to the credit of the 19 Account -- 20 (a) should or should not be spent in accordance 21 with the proposal specified in the direction; or 22 (b) should be spent in accordance with the proposal 23 if that proposal is modified as recommended by 24 the Council. 25 (3) The Minister must cause a copy of each direction given 26 under subsection (1) to be laid before each House of 27 Parliament within 14 days after the direction is given. 28 page 3 Road Safety Council Amendment Bill 2011 s. 6 1 6. Section 12 amended 2 (1) Delete section 12(2)(a) and insert: 3 4 (a) the following amounts -- 5 (i) two-thirds of each prescribed penalty 6 paid during the prescribed period 7 pursuant to a photograph-based vehicle 8 infringement notice for an offence to 9 which the regulations specify that this 10 paragraph applies; 11 (ii) the total amount of each prescribed 12 penalty paid on or after 1 July 2012 13 pursuant to a photograph-based vehicle 14 infringement notice for an offence to 15 which the regulations specify that this 16 paragraph applies; 17 and 18 19 (2) In section 12(3) insert in alphabetical order: 20 21 prescribed period means the period that begins on the 22 later of the following days -- 23 (a) 1 July 2011; 24 (b) the day on which the Road Safety Council 25 Amendment Act 2011 section 6 comes into 26 operation, 27 and ends at the end of 30 June 2012. 28 29 (3) In section 12(3) in the definition of prescribed penalty delete 30 "section 102." and insert: 31 32 section 102; 33 page 4 Road Safety Council Amendment Bill 2011 s. 7 1 (4) In section 12(6) delete "on the recommendation" and insert: 2 3 having regard to the recommendations 4 5 7. Section 15 replaced 6 Delete section 15 and insert: 7 8 15. Supplementary provision about laying directions 9 before Parliament 10 (1) If -- 11 (a) at the commencement of the period referred to 12 in section 6A(3) in respect of a direction a 13 House of Parliament is not sitting; and 14 (b) the Minister is of the opinion that that House 15 will not sit before the end of that period, 16 the Minister must transmit a copy of the direction to 17 the Clerk of that House. 18 (2) A copy of a direction transmitted to the Clerk of a 19 House is taken to have been laid before that House. 20 (3) The laying of a copy of a direction that is taken to have 21 occurred under subsection (2) is to be recorded in the 22 Minutes, or Votes and Proceedings, of the House on 23 the first sitting day of the House after the Clerk 24 received the copy. 25 16. Transitional provision: credits of prescribed 26 penalties to the Account 27 (1) In this section -- 28 commencement day means the day on which the Road 29 Safety Council Amendment Act 2011 section 6 comes 30 into operation; page 5 Road Safety Council Amendment Bill 2011 s. 7 1 former section 12(2)(a) means section 12(2)(a) as in 2 force immediately before commencement day. 3 (2) If -- 4 (a) commencement day is after 1 July 2011; and 5 (b) in respect of the period -- 6 (i) beginning on 1 July 2011; and 7 (ii) ending immediately before 8 commencement day, 9 one-third of a prescribed penalty has been or is 10 to be credited to the Account under former 11 section 12(2)(a), 12 there is to be credited to the Account the amount that 13 results in a total amount of two-thirds of that prescribed 14 penalty being credited to the Account. 15
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