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


SOLICITOR-GENERAL AMENDMENT BILL 2006

                    Western Australia


 Solicitor-General Amendment Bill 2006

                       CONTENTS


1.    Short title                                                2
2.    Commencement                                               2
3.    The Act amended                                            2
4.    Section 2 amended                                          2
5.    Section 3 amended                                          2
6.    Section 4 replaced by sections 4 and 4A                    3
      4.       Remuneration                                 3
      4A.      Leave and other conditions of service        3
7.    Section 5 amended                                          3
8.    Section 8 amended                                          3
9.    Section 10 amended                                         4
10.   Sections 11 and 12 repealed                                4
11.   Section 14 inserted                                        4
      14.      Transitional matters for Solicitor-General
               Amendment Act 2006                           4
12.   Equal Opportunity Act 1984 amended                         5
13.   Salaries and Allowances Regulations 1975
      amended                                                    6




                          139--2                                 page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY

              (As amended during consideration in detail)


      Solicitor-General Amendment Bill 2006


                               A Bill for


An Act to amend the Solicitor-General Act 1969.



The Parliament of Western Australia enacts as follows:




                                                            page 1
     Solicitor-General Amendment Bill 2006



     s. 1




     1.          Short title
                 This is the Solicitor-General Amendment Act 2006.

     2.          Commencement
                 This Act comes into operation on 18 July 2006.

 5   3.          The Act amended
                 The amendments in this Act (other than sections 12 and 13) are
                 to the Solicitor-General Act 1969*.
                 [* Reprinted as at 1 November 2002.
                    For subsequent amendments see Western Australian
10                  Legislation Information Tables for 2005, Table 1, p. 418.]

     4.          Section 2 amended
                 Section 2(2) is amended by deleting "4,".

     5.          Section 3 amended
                 Section 3(1) is repealed and the following subsections are
15               inserted instead --
            "
                 (1)   The Governor may appoint a person to be the
                       Solicitor-General of the State of Western Australia.
                (1a)   Subject to this Act, the Solicitor-General holds office
20                     for the term (not exceeding 7 years) fixed by the
                       instrument of appointment and is eligible for
                       reappointment.
                                                                                 ".




     page 2
                                                  Solicitor-General Amendment Bill 2006



                                                                                         s. 6



     6.              Section 4 replaced by sections 4 and 4A
                     Section 4 is repealed and the following sections are inserted
                     instead --
     "
 5          4.             Remuneration
                     (1)   In this section --
                           "remuneration" has the meaning given to that term in
                                section 4(1) of the Salaries and Allowances
                                Act 1975.
10                   (2)   The remuneration of the Solicitor-General is to be
                           determined by the Salaries and Allowances Tribunal
                           under the Salaries and Allowances Act 1975.

            4A.            Leave and other conditions of service
                           The Governor may determine --
15                          (a) the leave of absence to which the
                                 Solicitor-General is entitled; and
                            (b) other terms and conditions of service that apply
                                 to the Solicitor-General.
                                                                                           ".
20   7.              Section 5 amended
                     Section 5(2) is repealed.
                    Note: The heading to amended section 5 is to read "Resignation".

     8.              Section 8 amended
          (1)        After section 8(1) the following subsection is inserted --
25              "
                    (1a)   Subject to this Act, a person appointed under
                           subsection (1) holds office for the term (not exceeding
                           12 months) fixed by the instrument of appointment and
                           is eligible for reappointment.
30                                                                                         ".

                                                                                       page 3
     Solicitor-General Amendment Bill 2006



     s. 9



           (2)       Section 8(2) is amended as follows:
                       (a) by deleting "so appointed holds office, subject to this
                            Act on such terms and conditions as the Governor
                            determines and" and inserting instead --
 5                          " appointed under subsection (1) holds office ";
                      (b) by deleting paragraph (a) and inserting --
                           "
                                (a)   the appointment is revoked or expires; or
                               (aa)   the person resigns the office; or
10                                                                                   ".
           (3)       After section 8(2) the following subsection is inserted --
                 "
                     (3)   The Governor may determine the terms and conditions
                           of service that apply to a person appointed under
15                         subsection (1).
                                                                                     ".

     9.              Section 10 amended
                     Section 10(2) is repealed.

     10.             Sections 11 and 12 repealed
20                   Sections 11 and 12 are repealed.

     11.             Section 14 inserted
                     After section 13 the following section is inserted --
     "
             14.           Transitional matters for Solicitor-General
25                         Amendment Act 2006
                     (1)   In this section --
                           "amended Act" means this Act as amended by the
                                Solicitor-General Amendment Act 2006;



     page 4
                                            Solicitor-General Amendment Bill 2006



                                                                                  s. 12



                       "current Solicitor-General" means the
                           Solicitor-General holding office immediately
                           before 18 July 2006;
                       "former Act" means this Act as in force immediately
 5                         before 18 July 2006.
                 (2)   This section applies if the current Solicitor-General is
                       appointed under section 3(1) of the amended Act and
                       section 25 of the Interpretation Act 1984.
                 (3)   Despite section 2 of the Solicitor-General Amendment
10                     Act 2006, that Act is taken to have come into operation
                       on 18 July 2006 immediately after the retirement of the
                       current Solicitor-General.
                 (4)   Sections 4, 4A and 10 of the amended Act do not apply
                       in relation to the current Solicitor-General in respect of
15                     any period for which he has held or holds office
                       whenever occurring.
                 (5)   Sections 4, 10, 11 and 12 of the former Act continue to
                       apply in relation to the current Solicitor-General in
                       respect of all periods for which he has held or holds
20                     office whenever occurring as if the aggregate of those
                       periods were one continuous period of service.
                 (6)   The retirement of the current Solicitor-General referred
                       to in subsection (3) is not retirement for the purposes of
                       section 11 of the former Act.
25                                                                                  ".

     12.         Equal Opportunity Act 1984 amended
           (1)   The amendments in this section are to the Equal Opportunity
                 Act 1984.
                 [* Reprint 4 as at 1 April 2005.
30                  For subsequent amendments see Western Australian
                    Legislation Information Tables for 2005, Table 1, p. 149 and
                    Act No. 18 of 2005.]

                                                                             page 5
     Solicitor-General Amendment Bill 2006



     s. 13



           (2)   Section 66ZN(2) is amended as follows:
                   (a) by deleting "the office of --" and inserting instead --
                        " any of the following offices -- ";
                  (b) after paragraph (h) by deleting "; or" and inserting a
 5                      comma;
                   (c) by deleting paragraph (i).

     13.         Salaries and Allowances Regulations 1975 amended
           (1)   The amendment in this section is to the Salaries and Allowances
                 Regulations 1975*.
10               [* Reprint 2 as at 2 September 2005.]
           (2)   The Schedule is amended by inserting in the appropriate
                 alphabetical position --
                 "
                     Solicitor-General          Solicitor-General of the State of
                     Act 1969                   Western Australia
                                                                                    ".
15         (3)   This section does not prevent the Salaries and Allowances
                 Regulations 1975 from being amended or repealed in
                 accordance with the Salaries and Allowances Act 1975.




 


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