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


STATUTES (REPEALS AND MINOR AMENDMENTS) BILL 2004

                     Western Australia


 Statutes (Repeals and Minor Amendments)
                 Bill 2004

                       CONTENTS

1.    Short title                                         1
2.    Commencement                                        2
3.    Various Acts repealed                               2
4.    Acts Amendment (Federal Courts and Tribunals)
      Act 2001 amended                                    3
5.    Acts Amendment (Lesbian and Gay Law Reform)
      Act 2002 amended                                    3
6.    Air Navigation Act 1937 amended                     3
7.    Art Gallery Act 1959 amended                        3
8.    Associations Incorporation Act 1987 amended         4
9.    Bank Mergers Act 1997 amended                       4
10.   Betting Control Act 1954 amended                    5
11.   Boxing Control Act 1987 amended                     5
12.   Caravan Parks and Camping Grounds Act 1995
      amended                                             5
13.   Chattel Securities Act 1987 amended                 6
14.   Commercial Tribunal Act 1984 amended                6
15.   Conservation and Land Management Amendment
      Act 1991 amended                                    6
16.   Co-opted Medical and Dental Services for the
      Northern Portion of the State Act 1951 amended      7
17.   Corruption and Crime Commission Act 2003 amended    7
18.   Criminal Property Confiscation Act 2000 amended     8
19.   Curriculum Council Act 1997 amended                11
20.   Debt Collectors Licensing Act 1964 amended         11
21.   Dental Act 1939 amended                            12
22.   Disposal of Uncollected Goods Act 1970 amended     12
23.   Electricity Corporation Act 1994 amended           13
24.   Employment Agents Act 1976 amended                 13


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Statutes (Repeals and Minor Amendments) Bill 2004



Contents



   25.     Energy Operators (Powers) Act 1979 amended           14
   26.     Environmental Protection Act 1986 amended            14
   27.     Environmental Protection Amendment Act 2003
           amended                                              14
   28.     Exotic Diseases of Animals Act 1993 amended          15
   29.     Fair Trading Act 1987 amended                        15
   30.     Fire and Emergency Services Authority of Western
           Australia Act 1998 amended                           16
   31.     Fisheries Adjustment Schemes Act 1987 amended        16
   32.     Gaming and Wagering Commission Act 1987
           amended                                              16
   33.     Gas Corporation (Business Disposal) Act 1999
           amended                                              17
   34.     Gas Pipelines Access (Western Australia) Act 1998
           amended                                              17
   35.     Gold Corporation Act 1987 amended                    18
   36.     Governor's Establishment Act 1992 amended            19
   37.     Guardianship and Administration Act 1990 amended     19
   38.     Hairdressers Registration Act 1946 amended and
           proclamations revoked                                19
   39.     Health Act 1911 amended                              20
   40.     Health Amendment Act 1987 amended                    21
   41.     Hire-Purchase Act 1959 amended                       21
   42.     Home Building Contracts Act 1991 amended             21
   43.     Industrial Relations Act 1979 amended                22
   44.     Insurance Commission of Western Australia Act 1986
           amended                                              22
   45.     Interpretation Act 1984 amended                      23
   46.     Iron Ore (Marillana Creek) Agreement Act 1991
           amended                                              23
   47.     Jurisdiction of Courts (Cross-Vesting) Act 1987
           amended                                              24
   48.     Justices Act 1902 amended                            24
   49.     Law Reform (Contributory Negligence and
           Tortfeasors' Contribution) Act 1947 amended          24
   50.     Law Reform (Miscellaneous Provisions) Act 1941
           amended                                              25
   51.     Legal Aid Commission Act 1976 amended                25
   52.     Legal Practice Act 2003 amended                      26
   53.     Legal Practitioners Act Amendment Act 1944
           amended                                              27

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                Statutes (Repeals and Minor Amendments) Bill 2004



                                                            Contents



54.   Local Government Water Supply Preservation
      Act 1892 amended                                        27
55.   Lotteries Commission Act 1990 amended                   27
56.   Maritime Archaeology Act 1973 amended                   28
57.   Metric Conversion Act 1972 amended                      28
58.   Metropolitan Region Town Planning Scheme Act 1959
      amended                                                 29
59.   Mine Workers' Relief Act 1932 amended                   29
60.   Motor Vehicle Dealers Act 1973 amended                  29
61.   National Environment Protection Council (Western
      Australia) Act 1996 amended                             30
62.   National Trust of Australia (W.A.) Act 1964 amended     30
63.   Occupational Therapists Registration Act 1980
      amended                                                 30
64.   Optometrists Act 1940 amended                           31
65.   Perth Theatre Trust Act 1979 amended                    31
66.   Physiotherapists Act 1950 amended                       31
67.   Poisons Act 1964 amended                                32
68.   Police Act 1892 amended                                 33
69.   Port Authorities Act 1999 amended                       33
70.   Public and Bank Holidays Act 1972 amended               34
71.   Public Interest Disclosure Act 2003 amended             34
72.   Queen Elizabeth II Medical Centre Act 1966 amended      34
73.   Real Property (Foreign Governments) Act 1951
      amended                                                 35
74.   Reprints Act 1984 amended                               35
75.   Road Traffic Amendment (Vehicle Licensing) (Taxing)
      Act 2001 amended                                        35
76.   Road Traffic Amendment Act (No. 2) 1987 amended         36
77.   Road Traffic Amendment Act 1996 amended                 36
78.   Rottnest Island Authority Act 1987 amended              36
79.   Sentencing Act 1995 amended                             37
80.   Sports Drug Testing Act 2001 amended                    37
81.   State Records Act 2000 amended                          38
82.   Statutory Corporations (Liability of Directors)
      Act 1996 amended                                        38
83.   Suitors' Fund Act 1964 amended                          38
84.   Surveillance Devices Act 1998 amended                   39
85.   Trustees Act 1962 amended                               39
86.   University Colleges Act 1926 amended                    40
87.   Water Corporation Act 1995 amended                      40

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Statutes (Repeals and Minor Amendments) Bill 2004



Contents



   88.     Water Services Licensing Act 1995 amended        41
   89.     Weights and Measures Act 1915 amended            41
   90.     Western Australian Coastal Shipping Commission
           Act 1965 amended                                 41
   91.     Western Australian Marine Act 1982 amended       41




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                           Western Australia


                      LEGISLATIVE ASSEMBLY



     Statutes (Repeals and Minor Amendments)
                     Bill 2004


                               A Bill for


An Act to amend the statute law by repealing various Acts, by
making minor amendments to various Acts, and for related
purposes.



The Parliament of Western Australia enacts as follows:

1.      Short title
        This Act may be cited as the Statutes (Repeals and Minor
        Amendments) Act 2004.




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     Statutes (Repeals and Minor Amendments) Bill 2004



     s. 2




     2.         Commencement
          (1)   Subject to subsection (2), this Act comes into operation on the
                day on which it receives the Royal Assent.
          (2)   If this Act receives the Royal Assent before the Boxing Control
5               Amendment Act 2003 comes into operation, section 11(2) comes
                into operation immediately after that Act comes into operation.

     3.         Various Acts repealed
                These Acts are repealed --
                  (a) Australia Acts (Request) Act 1999;
10                (b) Bulk Handling Repeal Act 2000;
                  (c) Fremantle Electricity Undertaking (Purchase Moneys)
                       Agreements Act 1952;
                  (d) Group Settlers' Advances Act 1925;
                  (e) Hide and Leather Industries Act 1948;
15                 (f) Housing Agreement (Commonwealth and State)
                       Act 1984;
                  (g) Housing Agreement (Commonwealth and State)
                       Act 1990;
                  (h) Kalgoorlie Road Board License Validation Act 1904;
20                 (i) Multicultural and Ethnic Affairs Commission Act 1983;
                   (j) Preston Road District Soldiers' Memorial Act 1918;
                  (k) Public Servants' Act 1915;
                   (l) State Trading Concerns Act Amendment
                       Act (No. 1) 1932;
25               (m) Wesply (Dardanup) Agreement Authorization Act 1975;
                  (n) Wheat Products (Prices Fixation) Act 1938.




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                                                                             s. 4



     4.         Acts Amendment (Federal Courts and Tribunals) Act 2001
                amended
          (1)   The amendment in this section is to the Acts Amendment
                (Federal Courts and Tribunals) Act 2001*.
5               [* Act No. 32 of 2001.]
          (2)   Part 9 is repealed.

     5.         Acts Amendment (Lesbian and Gay Law Reform) Act 2002
                amended
          (1)   The amendment in this section is to the Acts Amendment
10              (Lesbian and Gay Law Reform) Act 2002*.
                [* Act No. 3 of 2002.]
          (2)   Section 88(3)(c) is deleted.

     6.         Air Navigation Act 1937 amended
          (1)   The amendments in this section are to the Air Navigation
15              Act 1937*.
                [* Reprinted approved 16 March 1970.]
          (2)   Section 8 is amended by deleting "Road and Air Transport
                Commission Act 1966" and inserting instead --
                "   Transport Co-ordination Act 1966 ".

20   7.         Art Gallery Act 1959 amended
          (1)   The amendments in this section are to the Art Gallery
                Act 1959*.
                [* Reprinted as at 5 April 2002.]
          (2)   Section 20A(5) is amended by deleting "as Treasurer" and
25              inserting instead --
                "   as the Treasurer     ".


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     Statutes (Repeals and Minor Amendments) Bill 2004



     s. 8



     8.         Associations Incorporation Act 1987 amended
          (1)   The amendments in this section are to the Associations
                Incorporation Act 1987*.
                [* Reprinted as at 20 August 1999.
5                  For subsequent amendments see Western Australian
                   Legislation Information Tables for 2003, Table 1, p. 25.]
          (2)   Section 32 is amended as follows:
                 (a) by deleting all of the words from and including "text" to
                       and including "Commonwealth" and inserting instead --
10              "
                          text of Parts 5.4 to 5.8 of the Corporations Act 2001 of
                          the Commonwealth
                                                                                       ";
                    (b)       by deleting paragraph (b) and inserting the following
15                            paragraph instead --
                          "
                              (b)   a reference in Part 5.7 to a Part 5.7 body is to
                                    be read as a reference to an incorporated
                                    association;
20                                                                                     ".

     9.         Bank Mergers Act 1997 amended
          (1)   The amendments in this section are to the Bank Mergers
                Act 1997*.
                [* Reprint 1 as at 20 February 2004.]
25        (2)   Section 3 is amended in the definition of "bank" by deleting
                "of a an ADI" and inserting instead --
                " of an ADI           ".




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                                                                              s. 10



     10.         Betting Control Act 1954 amended
           (1)   The amendment in this section is to the Betting Control
                 Act 1954*.
                 [* Reprinted as at 12 April 2002.
5                   For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 31 and
                    Act No. 35 of 2003.]
           (2)   Section 20(3)(e) is amended by renumbering the
                 subparagraph (ii) which commences "the RWWA Act" as
10               subparagraph (iii).

     11.         Boxing Control Act 1987 amended
           (1)   The amendments in this section are to the Boxing Control
                 Act 1987*.
                 [* Act No. 2 of 1987.
15                  For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 35 and
                    Act No. 50 of 2003.]
           (2)   Section 24 is amended by deleting "6 months" and inserting
                 instead --
20               "   9 months    ".
           (3)   Section 32(1)(b) is amended as follows:
                  (a) by deleting "provision" and inserting instead --
                        " provisions ";
                  (b) by deleting "section 27(3)" and inserting instead --
25                      " section 27(2) ".

     12.         Caravan Parks and Camping Grounds Act 1995 amended
           (1)   The amendments in this section are to the Caravan Parks and
                 Camping Grounds Act 1995*.
                 [* Reprint 1 as at 18 July 2003.]

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     Statutes (Repeals and Minor Amendments) Bill 2004



     s. 13



           (2)   Section 34(1) and (2) are repealed.
           (3)   Schedule 2 is amended by deleting item 3.

     13.         Chattel Securities Act 1987 amended
           (1)   The amendment in this section is to the Chattel Securities
5                Act 1987*.
                 [* Reprinted as at 13 December 2002.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 49.]
           (2)   Section 24(3)(b) is amended by deleting "to be" in the first
10               place where it occurs.

     14.         Commercial Tribunal Act 1984 amended
           (1)   The amendments in this section are to the Commercial Tribunal
                 Act 1984*.
                 [* Reprinted as at 10 May 2002.
15                  For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 61.]
           (2)   Section 13(1)(b) and (2)(b) are amended by deleting "1 person"
                 and inserting instead --
                 " one person ".
20         (3)   Section 20(2) is amended by deleting "1 month" and inserting
                 instead --
                 " one month ".

     15.         Conservation and Land Management Amendment Act 1991
                 amended
25         (1)   The amendments in this section are to the Conservation and
                 Land Management Amendment Act 1991.
                 [* Act No. 20 of 1991.]


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                              Statutes (Repeals and Minor Amendments) Bill 2004



                                                                              s. 16



           (2)   Section 51 is repealed.
           (3)   The Schedule is amended by deleting items 1, 2 and 6.

     16.         Co-opted Medical and Dental Services for the Northern
                 Portion of the State Act 1951 amended
5          (1)   The amendments in this section are to the Co-opted Medical
                 and Dental Services for the Northern Portion of the State
                 Act 1951*.
                 [* Reprint authorised 14 April 1971.]
           (2)   Section 2 is amended in the definition of "dentistry" by deleting
10               "Dentists Act 1939" and inserting instead --
                 "   Dental Act 1939 ".

     17.         Corruption and Crime Commission Act 2003 amended
           (1)   The amendments in this section are to the Corruption and
                 Crime Commission Act 2003*.
15               [* Reprint 1 as at 5 January 2004.
                    For subsequent amendments see Act No. 4 of 2004.]
           (2)   Section 3 is amended in the definition of "legal practitioner" by
                 deleting "Legal Practitioners Act 1893" and inserting instead --
                 "   Legal Practice Act 2003    ".
20         (3)   Section 77(2)(b) and 78(3)(b) are amended by deleting
                 "section 75(3)" and inserting instead --
                 "   section 75   ".
           (4)   Section 102 is amended by deleting "this Part" and inserting
                 instead --
25               " this Division       ".




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     Statutes (Repeals and Minor Amendments) Bill 2004



     s. 18



           (5)   Section 145(1) is amended by deleting "a Commission" and
                 inserting instead --
                 " the Commission         ".
           (6)   Section 150(2) is amended by deleting "either or both" and
5                inserting instead --
                 "   any or all     ".
           (7)   Schedule 1 clause 1 is amended in the item relating to
                 section 393 of The Criminal Code by inserting after
                 "imprisonment for" --
10               "   10 years or     ".

     18.         Criminal Property Confiscation Act 2000 amended
           (1)   The amendments in this section are to the Criminal Property
                 Confiscation Act 2000*.
                 [* Act No. 68 of 2000.
15                  For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 96.]
           (2)   Section 34(5) is amended by deleting "order is made" and
                 inserting instead --
                 "   notice is issued     ".
20         (3)   Section 35(1)(e) is amended by deleting "order" and inserting
                 instead --
                 "   notice    ".
           (4)   Section 39(4) is amended as follows:
                  (a) by deleting "(3) or (4)" and inserting instead --
25                      " (2) or (3) ";
                  (b) by deleting "order" and inserting instead --
                        " notice ".
           (5)   Section 45(c) is amended by deleting "the DPP,".

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                             Statutes (Repeals and Minor Amendments) Bill 2004



                                                                                 s. 18



      (6)   Section 82(7) is amended by deleting "an amount equal to the
            value of the property." and inserting instead --
            "
                      the amount assessed by the court as the amount equal
5                     to the value of the property at the time the application
                      to set aside was made.
                                                                                   ".
      (7)   Section 83(5) is amended by deleting "of the application." and
            inserting instead --
10          " the application to set aside was made.          ".
      (8)   Section 87 is amended as follows:
                (a)    in subsections (2)(a), (b) and (c), (3) and (5) by deleting
                       "objector" and inserting instead --
                       " applicant ";
15              (b)    in subsections (3), (4) and (5)(a) and (b) by deleting
                       "objector's" and inserting instead --
                       " applicant's ".
      (9)   Section 94(3)(b) is amended by inserting after "court" --
            "    in which the freezing notice was filed or         ".
20   (10)   Section 113(10)(b) is amended by deleting "memorial" and
            inserting instead --
            "    instrument          ".
     (11)   Section 117(2)(b) is amended by inserting after "when the" --
            "    notice or      ".
25   (12)   Section 118(2) is amended as follows:
              (a) by deleting "An order" and inserting instead --
            "
                      An interstate freezing order or an interstate
                      confiscation declaration
30                                                                                 ";

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     Statutes (Repeals and Minor Amendments) Bill 2004



     s. 18



                   (b)    by inserting after "the order" in both places where it
                          occurs --
                          " or declaration ".
       (13)    Section 118(3) is amended by inserting after "original" --
5              " order or         ".
       (14)    Section 118(4) is amended by inserting after "the order" --
               " or declaration             ".
       (15)    Section 120(3) is amended by deleting "order" and inserting
               instead --
10             "    declaration        ".
       (16)    Section 121 is amended by inserting after "the order" in both
               places where it occurs --
               " or declaration             ".
       (17)    Section 122(1)(b) is amended by inserting after "the order" in
15             both places where it occurs --
               " or declaration             ".
       (18)    Section 148(8)(b) is amended by inserting after "when the" --
               "    freezing notice or           ".
       (19)    Section 152(2) is amended by deleting "security" in the first
20             place where it occurs and inserting instead --
               "    secured      ".
       (20)    The Glossary is amended by deleting the definition of "criminal
               benefit" and inserting the following definition instead --
               "
25                       "criminal benefit" means any property, service,
                             advantage or benefit the acquisition of which



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                                  Statutes (Repeals and Minor Amendments) Bill 2004



                                                                                   s. 19



                               constitutes the acquisition of a criminal benefit
                               within the meaning of section 145;
                                                                                      ".

     19.             Curriculum Council Act 1997 amended
5          (1)       The amendments in this section are to the Curriculum Council
                     Act 1997*.
                     [* Reprint 1 as at 11 April 2003.
                        For subsequent amendments see Western Australian
                        Legislation Information Tables for 2003, Table 1, p. 97 and
10                      Act No. 50 of 2003.]
           (2)       Section 6(2)(f) is amended as follows:
                      (a) in subparagraphs (i) and (ii) by inserting after "officer
                            of " --
                            " the ";
15                    (b) in subparagraph (v) by deleting "the University" and
                            inserting instead --
                            " The University ".

     20.             Debt Collectors Licensing Act 1964 amended
           (1)       The amendments in this section are to the Debt Collectors
20                   Licensing Act 1964*.
                     [* Reprint 2 as at 7 March 2000.
                        For subsequent amendments see Western Australian
                        Legislation Information Tables for 2003, Table 1, p. 100 and
                        Act No. 50 of 2003.]
25         (2)       After section 20(2) the following subsections are inserted --
                 "
                     (3)   The Minister may in writing delegate the Minister's
                           power under subsection (2) to --
                             (a) approve an insurance company; and
30                          (b) approve the form of a security.

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     Statutes (Repeals and Minor Amendments) Bill 2004



     s. 21



                 (4)       A person exercising a power as authorised under this
                           section is to be taken to do so in accordance with the
                           terms of the delegation unless the contrary is shown.
                                                                                    ".

5    21.         Dental Act 1939 amended
           (1)   The amendments in this section are to the Dental Act 1939*.
                 [* Reprinted as at 25 June 1999.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 103.]
10         (2)   Section 50(2)(c) is amended by deleting "the University" and
                 inserting instead --
                 "     The University     ".

     22.         Disposal of Uncollected Goods Act 1970 amended
           (1)   The amendments in this section are to the Disposal of
15               Uncollected Goods Act 1970*.
                 [* Reprinted as at 14 January 2000.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 105.]
           (2)   The Schedule is amended as follows:
20                   (a)    in the item relating to the Public Transport Authority
                            Act 2003, by inserting in the column headed "Number of
                            Act" --
                            " 31 of 2003 ";
                     (b)    in the item relating to section 79 of the Residential
25                          Tenancies Act 1987 by inserting in the column headed
                            "Number of Act" --
                            " 128 of 1987 ".




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                                      Statutes (Repeals and Minor Amendments) Bill 2004



                                                                                       s. 23



     23.             Electricity Corporation Act 1994 amended
           (1)       The amendments in this section are to the Electricity
                     Corporation Act 1994*.
                     [* Reprint 2 as at 3 January 2003.
5                       For subsequent amendments see Western Australian
                        Legislation Information Tables for 2003, Table 1, p. 118 and
                        Act No. 50 of 2003.]
           (2)       Section 3 is amended as follows:
                      (a) by inserting before "In this Act," the subsection
10                          designation "(1)";
                      (b) in the definition of "subsidiary", by deleting
                            paragraph (a) and "and" after it and inserting instead --
                            "
                                (a)   a body determined to be a subsidiary of the
15                                    corporation under subsection (2); or
                                                                                         ";
                      (c)       at the end of the section by inserting the following
                                subsection --
                 "
20                   (2)    Part 1.2 Division 6 of the Corporations Act applies for
                            the purpose of determining whether a body is a
                            subsidiary of the corporation.
                                                                                         ".

     24.             Employment Agents Act 1976 amended
25         (1)       The amendment in this section is to the Employment Agents
                     Act 1976*.
                     [* Reprinted as at 26 October 2001.]
           (2)       Section 40 is amended after "requires" by deleting "the".




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     Statutes (Repeals and Minor Amendments) Bill 2004



     s. 25



     25.         Energy Operators (Powers) Act 1979 amended
           (1)   The amendments in this section are to the Energy Operators
                 (Powers) Act 1979*.
                 [* Reprinted as at 15 September 2000.
5                   For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 122 and
                    Act No. 50 of 2003.]
           (2)   The provisions listed in the Table to this section are amended by
                 deleting "Electricity Corporation" and inserting instead --
10               "   Western Power Corporation        ".
                                           Table
                          s. 4(1), definition of
                          "energy operator"      s. 123(1), (3)(a)
                          s. 57(1)               s. 124(1)

     26.         Environmental Protection Act 1986 amended
           (1)   The amendments in this section are to the Environmental
                 Protection Act 1986*.
15               [* Reprinted as at 11 January 2002.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 123 and
                    Act No. 54 of 2003.]
           (2)   Section 3(1) is amended in the definition of "scheme Act" by
20               deleting "means" and inserting instead --
                 "   means the    ".

     27.         Environmental Protection Amendment Act 2003 amended
           (1)   The amendments in this section are to the Environmental
                 Protection Amendment Act 2003*.
25               [* Act No. 54 of 2003.]


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                                                                              s. 28



           (2)   Section 111(4) is repealed.
           (3)   Section 111(5) is amended by deleting "Section" and inserting
                 instead --
                 "   Sections 70(3) to (11) and   ".

5    28.         Exotic Diseases of Animals Act 1993 amended
           (1)   The amendments in this section are to the Exotic Diseases of
                 Animals Act 1993*.
                 [* Reprint 1 as at 23 January 2004.]
           (2)   Section 46(a) is amended by deleting "the Public Service
10               Act 1978" and inserting instead --
                         "
                              Part 3 of the Public Sector Management
                              Act 1994
                                                                                  ".

15   29.         Fair Trading Act 1987 amended
           (1)   The amendments in this section are to the Fair Trading
                 Act 1987*.
                 [* Reprinted as at 16 November 2001.
                    For subsequent amendments see Western Australian
20                  Legislation Information Tables for 2003, Table 1, p. 131 and
                    Act No. 4 of 2004.]
           (2)   Section 5(1) is amended by deleting the definition of "product
                 information standard" and inserting the following definition
                 instead --
25               "
                       "product information standard" means a standard
                           prescribed by regulations referred to in section 59;
                                                                                  ".




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     Statutes (Repeals and Minor Amendments) Bill 2004



     s. 30



           (3)   Section 33(3) is amended by deleting "The Sale of Goods
                 Act 1895" and inserting instead --
                 " the Sale of Goods Act 1895     ".

     30.         Fire and Emergency Services Authority of Western Australia
5                Act 1998 amended
           (1)   The amendment in this section is to the Fire and Emergency
                 Services Authority of Western Australia Act 1998*.
                 [* Reprint 1 as at 4 April 2003.
                    For subsequent amendments see Western Australian
10                  Legislation Information Tables for 2003, Table 1, p. 144.]
           (2)   Section 36U(3) is repealed.

     31.         Fisheries Adjustment Schemes Act 1987 amended
           (1)   The amendments in this section are to the Fisheries Adjustment
                 Schemes Act 1987*.
15               [* Reprinted as at 3 May 2002.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 150.]
           (2)   Section 11(3)(b) is amended by deleting "a fisheries" and
                 inserting instead --
20               "   a voluntary fisheries   ".

     32.         Gaming and Wagering Commission Act 1987 amended
           (1)   The amendments in this section are to the Gaming and
                 Wagering Commission Act 1987*.
                 [* Reprinted as at 30 October 1998 (as the Gaming Commission
25                  Act 1987).
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 157 and
                    Acts Nos. 35 and 50 of 2003.]


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                                                                                     s. 33



           (2)       Section 7(1)(h) is deleted and the following paragraph is
                     inserted instead --
                            "
                                (h)   to enforce, and to prosecute persons
5                                     contravening, the laws relating to gambling;
                                                                                       ".

     33.             Gas Corporation (Business Disposal) Act 1999 amended
           (1)       The amendments in this section are to the Gas Corporation
                     (Business Disposal) Act 1999*.
10                   [* Act No. 58 of 1999 .
                        For subsequent amendments see Western Australian
                        Legislation Information Tables for 2003, Table 1, p. 157.]
           (2)       Section 16(2) is amended by deleting "Electricity Corporation"
                     in both places where it occurs and inserting instead --
15                   "     Western Power Corporation      ".
           (3)       Section 16(3) is repealed and the following subsection is
                     inserted instead --
                 "
                     (3)     In this section --
20                           "specified" means specified in the transfer order;
                             "Western Power Corporation" means the Western
                                  Power Corporation established by the Electricity
                                  Corporation Act 1994.
                                                                                       ".

25   34.             Gas Pipelines Access (Western Australia) Act 1998 amended
           (1)       The amendments in this section are to the Gas Pipelines Access
                     (Western Australia) Act 1998*.
                     [* Reprinted as at 11 August 2000.
                        For subsequent amendments see Western Australian
30                      Legislation Information Tables for 2003, Table 1, p. 158.]

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     Statutes (Repeals and Minor Amendments) Bill 2004



     s. 35



           (2)       Section 80(5) is amended in paragraph (a) of the definition of
                     "energy corporation" by deleting "Electricity Corporation" in
                     the first place where it occurs and inserting instead --
                     "     Western Power Corporation         ".
5          (3)       Schedule 1 clause 13(7) is amended in the definition of
                     "associate" by deleting "Law" and inserting instead --
                     "     Act       ".

     35.             Gold Corporation Act 1987 amended
           (1)       The amendments in this section are to the Gold Corporation
10                   Act 1987*.
                     [* Reprinted as at 2 January 2001.
                        For subsequent amendments see Western Australian
                        Legislation Information Tables for 2003, Table 1, p. 160 and
                        Acts Nos. 70 of 2003 and 4 of 2004.]
15         (2)       Section 3 is amended as follows:
                      (a) in subsection (1), in the definition of "subsidiary", by
                            deleting paragraph (c) and inserting the following
                            paragraph instead --
                                 "
20                                    (c)   a body determined to be a subsidiary of Gold
                                            Corporation under subsection (3);
                                                                                           ";
                         (b)     after subsection (2) by inserting the following
                                 subsection --
25               "
                     (3)       Part 1.2 Division 6 of the Corporations Act applies for
                               the purpose of determining whether a body is a
                               subsidiary of Gold Corporation.
                                                                                           ".




     page 18
                                      Statutes (Repeals and Minor Amendments) Bill 2004



                                                                                  s. 36



     36.             Governor's Establishment Act 1992 amended
           (1)       The amendment in this section is to the Governor's
                     Establishment Act 1992*.
                     [* Reprint 1 as at 2 May 2003.]
5          (2)       Section 3 is amended in the definition of "member of the
                     Governor's Establishment" by inserting after "means" --
                     "     a ".

     37.             Guardianship and Administration Act 1990 amended
           (1)       The amendments in this section are to the Guardianship and
10                   Administration Act 1990*.
                     [* Reprinted as at 22 November 2002.
                        For subsequent amendments see Western Australian
                        Legislation Information Tables for 2003, Table 1, p. 166, and
                        Acts Nos. 50 of 2003 and 4 of 2004.]
15         (2)       Section 3(1) is amended in the definition of "guardian", in
                     paragraph (c), by deleting "Guardian" and inserting instead --
                     "     Advocate     ".
     38.             Hairdressers Registration Act 1946 amended and
                     proclamations revoked
20         (1)       The amendments in this section are to the Hairdressers
                     Registration Act 1946*.
                     [* Reprint 2 as at 7 March 2003.]
           (2)       Section 3(1) is repealed and the following subsection is inserted
                     instead --
25               "
                     (1)    Subject to subsection (2), this Act applies only
                            within --
                             (a) the South West Division under the Land
                                   Administration Act 1997; and

                                                                               page 19
     Statutes (Repeals and Minor Amendments) Bill 2004



     s. 39



                           (b)   the area that is within 8 km of the Post Office at
                                 Kalgoorlie.
                                                                                      ".
           (3)   The proclamations made under section 3(2) of the Hairdressers
5                Registration Act 1946 and published in the Gazette before
                 9 March 2004 are revoked.

     39.         Health Act 1911 amended
           (1)   The amendments in this section are to the Health Act 1911*.
                 [* Reprinted as at 31 March 2000.
10                  For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 172 and
                    Act No. 50 of 2003.]
           (2)   Section 55(3) is amended by deleting "one inch to 2 miles" and
                 inserting instead --
15               "   1:1000      ".
           (3)   Section 212B(1)(zd) is deleted and the following paragraph is
                 inserted instead --
                      "
                          (zd)   the registration of any body corporate, whether
20                               formed or incorporated, or taken to be
                                 registered (within the meaning of the
                                 Corporations Act 2001 of the Commonwealth),
                                 in or outside the State, carrying on within the
                                 State the business of importing pet meat in
25                               carcass or boneless form into the State;
                                                                                      ".
           (4)   Sections 340B(3)(a), 340L(1), 340AB(3)(a), 340AL(1),
                 340BB(3)(c) and (4)(f) and 340BL(1) are amended by deleting
                 "the University" and inserting instead --
30               "   The University     ".



     page 20
                                Statutes (Repeals and Minor Amendments) Bill 2004



                                                                              s. 40



     40.         Health Amendment Act 1987 amended
           (1)   The amendments in this section are to the Health Amendment
                 Act 1987*.
                 [* Act No. 80 of 1987.]
5          (2)   Sections 4(d), 83 and 90 are repealed.

     41.         Hire-Purchase Act 1959 amended
           (1)   The amendments in this section are to the Hire-Purchase
                 Act 1959*.
                 [* Reprinted as at 12 May 2000.
10                  For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 175 and
                    Acts No. 70 of 2003 and 12 of 2004.]
           (2)   Section 36(1) is amended by deleting "it is claimed" and
                 inserting instead --
15               "   claiming    ".

     42.         Home Building Contracts Act 1991 amended
           (1)   The amendments in this section are to the Home Building
                 Contracts Act 1991*.
                 [* Reprinted as at 9 November 2001.
20                  For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 175.]
           (2)   Section 25E(2) is amended by deleting all the words from and
                 including "before" to the end of the subsection and inserting
                 instead --
25               "
                       before the commencement of the Home Building
                       Contracts Amendment Act 1996.
                                                                                 ".



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     Statutes (Repeals and Minor Amendments) Bill 2004



     s. 43



           (3)   Part 3A is amended as follows:
                  (a) by deleting the heading "Division 4 -- Review" where it
                        appears before Division 3A;
                  (b) by inserting the following Division heading after
5                       section 25GD and before section 25H --
     "
                                  Division 4 -- Review
                                                                                  ".

     43.         Industrial Relations Act 1979 amended
10         (1)   The amendments in this section are to the Industrial Relations
                 Act 1979*.
                 [* Reprint 9 as at 18 June 2004.]
           (2)   Section 32(4)(a), (b) and (c) are amended by deleting
                 "subsection (3)" and inserting instead --
15               "   subsection (8)   ".
           (3)   Section 90(1) is amended as follows:
                  (a) in paragraph (a) by deleting "is not on an" and inserting
                        instead --
                        " is not an ";
20                (b) in paragraph (b) by inserting before "erroneous" --
                        " on the ground that the decision is ".

     44.         Insurance Commission of Western Australia Act 1986
                 amended
           (1)   The amendments in this section are to the Insurance
25               Commission of Western Australia Act 1986*.
                 [* Reprinted as at 12 November 1999.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 189.]



     page 22
                               Statutes (Repeals and Minor Amendments) Bill 2004



                                                                               s. 45



           (2)   Section 6(b) is deleted and the following paragraph is inserted
                 instead --
                     "
                         (b)   to issue and undertake liability under policies of
5                              insurance as required by section 163 of the
                               Workers' Compensation and Rehabilitation
                               Act 1981;
                                                                                    ".
           (3)   Section 16(3) is repealed.

10   45.         Interpretation Act 1984 amended
           (1)   The amendments in this section are to the Interpretation
                 Act 1984*.
                 [* Reprinted as at 6 February 2004.
                    For subsequent amendments see Act No. 4 of 2004.]
15

           (2)   Section 5 is amended by deleting the definition of "Gazette" or
                 "Government Gazette" and inserting instead --
                 "
                       "Gazette" or "Government Gazette" means the
20                        government gazette of Western Australia printed
                          and published, or purporting to be printed and
                          published, by the Government Printer and includes
                          any supplement to that gazette;
                                                                                    ".

25   46.         Iron Ore (Marillana Creek) Agreement Act 1991 amended
           (1)   The amendments in this section are to the Iron Ore (Marillana
                 Creek) Agreement Act 1991*.
                 [* Reprinted as at 5 April 2002.]




                                                                            page 23
     Statutes (Repeals and Minor Amendments) Bill 2004



     s. 47



           (2)   Section 4A(1), (2) and (3) are amended by inserting before
                 "Variation" --
                 "   First       ".
     47.         Jurisdiction of Courts (Cross-Vesting) Act 1987 amended
5          (1)   The amendment in this section is to the Jurisdiction of Courts
                 (Cross-Vesting) Act 1987*.
                 [* Reprinted as at 8 February 2002.]
           (2)   Section 6A(1)(c)(ii) is amended by inserting after
                 "determination" --
10               "   in     ".
     48.         Justices Act 1902 amended
           (1)   The amendments in this section are to the Justices Act 1902*.
                 [* Reprinted as at 16 May 2003.
                    For subsequent amendments see Western Australian
15                  Legislation Information Tables for 2003, Table 1, p. 203 and
                    Acts Nos. 50 of 2003 and 4 of 2004.]
           (2)   Section 93 is amended by deleting "any law officer (as defined
                 by the Crown Suits Act 1898)" and inserting instead --
                 "
20                        the Attorney General, or the State Solicitor, or any
                          other person authorised by the Attorney General
                                                                                  ".
     49.         Law Reform (Contributory Negligence and Tortfeasors'
                 Contribution) Act 1947 amended
25         (1)   The amendment in this section is to the Law Reform
                 (Contributory Negligence and Tortfeasors' Contribution)
                 Act 1947*.
                 [* Reprinted as at 2 August 2002.
                    For subsequent amendments see Western Australian
30                  Legislation Information Tables for 2003, Table 1, p. 210.]

     page 24
                                 Statutes (Repeals and Minor Amendments) Bill 2004



                                                                                s. 50



           (2)   Section 7(1)(b) is amended by deleting ", or of the wife,
                 husband, parent or child".

     50.         Law Reform (Miscellaneous Provisions) Act 1941 amended
           (1)   The amendments in this section are to the Law Reform
5                (Miscellaneous Provisions) Act 1941*.
                 [* Reprinted as at 12 July 2002.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 210.]
           (2)   Section 4(1) is amended by deleting "or to claims under
10               section 94 of the Supreme Court Act 1935, for damages on the
                 ground of adultery".
           (3)   Section 4(5) is repealed.

     51.         Legal Aid Commission Act 1976 amended
           (1)   The amendments in this section are to the Legal Aid
15               Commission Act 1976*.
                 [* Reprinted as at 5 March 1999.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2002, Table 1, p. 212.]
           (2)   Section 4(1) is amended as follows:
20                   (a)    by deleting the definitions of "Legal Practice Board"
                            and "The Legal Practice Board";
                     (b)    by inserting the following definition in the appropriate
                            alphabetical position --
                 "
25                         "Legal Practice Board" means the Board established
                              by section 6 of the Legal Practice Act 2003;
                                                                                  ".




                                                                             page 25
     Statutes (Repeals and Minor Amendments) Bill 2004



     s. 52



           (3)        Section 40(6a) is repealed and the following subsection is
                      inserted instead --
                 "
                     (6a)   In making an exclusion, removal or limitation of a
5                           private practitioner under subsection (6) the
                            Commission may have regard to any order or finding
                            of fact relating to that practitioner made under Part 12
                            of the Legal Practice Act 2003 by the Legal Practice
                            Board or by the Full Court of the Supreme Court.
10                                                                                     ".
           (4)        Section 64(2c) is repealed and the following subsection is
                      inserted instead --
                 "
                     (2c)   Notwithstanding anything contained in subsection (2),
15                          a person to whom this section applies may, with the
                            approval of the Chairman or the Commission, disclose
                            any information referred to in subsection (2) to the
                            Legal Practice Board for the purposes of the Legal
                            Practice Act 2003 and, in construing this subsection,
20                          "disclose" includes disclose by producing any relevant
                            document.
                                                                                       ".
     52.              Legal Practice Act 2003 amended
           (1)        The amendments in this section are to the Legal Practice
25                    Act 2003*.
                      [* Act No. 64 of 2003.]
           (2)        Section 69(3)(c) is amended by deleting "an" and inserting
                      instead --
                      " the    ".




     page 26
                              Statutes (Repeals and Minor Amendments) Bill 2004



                                                                               s. 53



           (3)   Section 148 is amended in the definitions of "Board's
                 appointee" and "supervising solicitor" by inserting after
                 "certificated practitioner" --
                 " or registered foreign lawyer    ".

5    53.         Legal Practitioners Act Amendment Act 1944 amended
           (1)   The amendment in this section is to the Legal Practitioners Act
                 Amendment Act 1944*.
                 [* Act No. 45 of 1944.]
           (2)   The provisions relating to the Legal Practitioners' Guarantee
10               Fund (which have not been proclaimed) are repealed.

     54.         Local Government Water Supply Preservation Act 1892
                 amended
           (1)   The amendments in this section are to the Local Government
                 Water Supply Preservation Act 1892*.
15               [* Act No. 55 Vict No. 37.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 228-9.]
           (2)   Section 5 is amended by deleting " "The Public Health
                 Act 1886," and any Act incorporated therewith," and inserting
20               instead --
                 " the Health Act 1911 ".

     55.         Lotteries Commission Act 1990 amended
           (1)   The amendments in this section are to the Lotteries Commission
                 Act 1990*.
25               [* Reprinted as at 6 August 1999.]
           (2)   Section 22(2)(e)(ii) is amended by deleting "the University" and
                 inserting instead --
                 "   The University   ".

                                                                             page 27
     Statutes (Repeals and Minor Amendments) Bill 2004



     s. 56



     56.          Maritime Archaeology Act 1973 amended
           (1)    The amendments in this section are to the Maritime
                  Archaeology Act 1973*.
                  [* Reprint 1 as at 3 October 2003.]
5          (2)    The First Schedule is amended in the item for the ship called the
                  "Zuytdorp" by deleting "Forty miles" and inserting instead --
                  "     33.5 nautical miles   ".

     57.          Metric Conversion Act 1972 amended
           (1)    The amendment in this section is to the Metric Conversion
10                Act 1972.
                  [* Act No. 94 of 1972.
                     For subsequent amendments see Western Australian
                     Legislation Information Tables for 2003, Table 1, p. 239.]
           (2)    After section 6 the following section is inserted --
15   "
             7.           Power to amend subsidiary legislation
                  (1)     The Governor, on the recommendation of the Minister,
                          may make regulations amending any subsidiary
                          legislation made under any Act.
20                (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
                          solely for the purpose of amending a reference in the
                          subsidiary legislation to a physical quantity that is not
25                        expressed in terms of a unit or units in the metric
                          system of measurement by substituting for that
                          reference a reference to a physical quantity expressed
                          in terms of a unit or units in the metric system of
                          measurement.



     page 28
                                Statutes (Repeals and Minor Amendments) Bill 2004



                                                                                s. 58



                 (3)     The quantity to be substituted need not be the exact
                         metric equivalent of the quantity being replaced but
                         must not be more than 10% greater or less than the
                         quantity being replaced.
5                                                                                 ".

     58.         Metropolitan Region Town Planning Scheme Act 1959
                 amended
           (1)   The amendments in this section are to the Metropolitan Region
                 Town Planning Scheme Act 1959*.
10               [* Reprint 9 as at 1 August 2003.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 243.]
           (2)   Section 43(5)(b) is amended by deleting "subsection (3)" in
                 both places where it occurs and inserting instead --
15               "     subsection (3a)   ".

     59.         Mine Workers' Relief Act 1932 amended
           (1)   The amendments in this section are to the Mine Workers' Relief
                 Act 1932*.
                 [* Reprint 4 as at 10 October 2003.]
20         (2)   Schedule 3 clause 2(f) is amended by deleting "receive and
                 payment" and inserting instead --
                 " receive any payment        ".

     60.         Motor Vehicle Dealers Act 1973 amended
           (1)   The amendments in this section are to the Motor Vehicle
25               Dealers Act 1973*.
                 [* Reprinted as at 14 November 1996.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 258.]


                                                                            page 29
     Statutes (Repeals and Minor Amendments) Bill 2004



     s. 61



           (2)   Section 19(3) is amended by deleting "licence" and inserting
                 instead --
                 "   authorisation    ".
           (3)   Section 32K(4) is amended by deleting "agent" and inserting
5                instead --
                 "   dealer   ".

     61.         National Environment Protection Council (Western Australia)
                 Act 1996 amended
           (1)   The amendments in this section are to the National Environment
10               Protection Council (Western Australia) Act 1996*.
                 [* Reprint 1 as at 12 March 2004.]
           (2)   Section 53(1) is amended by deleting "by Parliament" and
                 inserting instead --
                 "   by the Parliament          ".

15   62.         National Trust of Australia (W.A.) Act 1964 amended
           (1)   The amendments in this section are to the National Trust of
                 Australia (W.A.) Act 1964*.
                 [* Reprinted as at 16 August 2002.]
           (2)   The Schedule is amended in paragraph (b) by deleting "the
20               University" and inserting instead --
                 "   The University        ".

     63.         Occupational Therapists Registration Act 1980 amended
           (1)   The amendments in this section are to the Occupational
                 Therapists Registration Act 1980*.
25               [* Reprinted as at 6 December 2002.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 268.]


     page 30
                               Statutes (Repeals and Minor Amendments) Bill 2004



                                                                              s. 64



           (2)   The Schedule, item 2(2) is amended by deleting "paragraph (a)"
                 and inserting instead --
                 "   subitem (1)   ".

     64.         Optometrists Act 1940 amended
5          (1)   The amendments in this section are to the Optometrists
                 Act 1940*.
                 [* Reprint 3 as at 7 March 2003.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 270 and
10                  Act No. 50 of 2003.]
           (2)   Sections 5(3)(c) and (6)(b), 17(4) and 32(3)(a) are amended by
                 deleting "the University" and inserting instead --
                 "   The University     ".

     65.         Perth Theatre Trust Act 1979 amended
15         (1)   The amendments in this section are to the Perth Theatre Trust
                 Act 1979*.
                 [* Reprinted as at 1 October 1999.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 284.]
20         (2)   Sections 17(3) and 17A(2) are amended by deleting "Industrial
                 Arbitration Act 1979" and inserting instead --
                 "   Industrial Relations Act 1979 ".

     66.         Physiotherapists Act 1950 amended
           (1)   The amendments in this section are to the Physiotherapists
25               Act 1950*.
                 [* Reprinted as at 12 October 2001.]




                                                                          page 31
     Statutes (Repeals and Minor Amendments) Bill 2004



     s. 67



           (2)        Section 6(2) is repealed and the following subsections are
                      inserted instead --
                 "
                      (2)     The Board shall be appointed by the Governor and
5                             shall consist of --
                                (a) a legally qualified medical practitioner
                                      employed within the department of the Public
                                      Service of the State principally assisting the
                                      Minister in the administration of this Act who
10                                    is nominated by the Minister;
                                (b) a medical practitioner appointed by the
                                      Governor;
                                (c) two physiotherapists appointed by the
                                      Governor; and
15                              (d) a person nominated by the Council of the
                                      Curtin University of Technology and approved
                                      by the Minister.
                     (2a)     The Board shall elect its own Chairman.
                     (2b)     Three members shall constitute a quorum.
20                                                                                     ".

     67.              Poisons Act 1964 amended
           (1)        The amendments in this section are to the Poisons Act 1964*.
                      [* Reprinted as at 22 January 1999.
                         For subsequent amendments see Western Australian
25                       Legislation Information Tables for 2003, Table 1, p. 296 and
                         Acts Nos. 50 of 2003 and 1 of 2004.]
           (2)        Section 8(3)(a) is amended by deleting "the University" and
                      inserting instead --
                      "     The University   ".




     page 32
                                          Statutes (Repeals and Minor Amendments) Bill 2004



                                                                                        s. 68



     68.             Police Act 1892 amended
           (1)       The amendments in this section are to the Police Act 1892*.
                     [* Reprinted as at 12 January 2001.
                        For subsequent amendments see Western Australian
5                       Legislation Information Tables for 2003, Table 1, p. 300-1
                        and Acts Nos. 35 and 50 of 2003 and 4 of 2004.]
           (2)       Section 33K is amended in the definition of "legal practitioner"
                     by deleting "Legal Practitioners Act 1893" and inserting
                     instead --
10                   "     Legal Practice Act 2003        ".
     69.             Port Authorities Act 1999 amended
           (1)       The amendments in this section are to the Port Authorities
                     Act 1999*.
                     [* Act No. 22 of 1999.
15                      For subsequent amendments see Western Australian
                        Legislation Information Tables for 2003, Table 1, p. 302 and
                        Acts Nos. 71 of 2003 and 4 of 2004.]
           (2)       Section 3 is amended as follows:
                      (a) in subsection (1), in the definition of "subsidiary", by
20                          deleting paragraph (a) and "and" after it and inserting
                            instead --
                                "
                                    (a)     a body determined to be a subsidiary of a
                                            port authority under subsection (4); or
25                                                                                       ";
                         (b)    after subsection (3) by inserting the following
                                subsection --
                 "
                     (4)       Part 1.2 Division 6 of the Corporations Act applies for
30                             the purpose of determining whether a body is a
                               subsidiary of a port authority.
                                                                                         ".

                                                                                    page 33
     Statutes (Repeals and Minor Amendments) Bill 2004



     s. 70



     70.         Public and Bank Holidays Act 1972 amended
           (1)   The amendments in this section are to the Public and Bank
                 Holidays Act 1972*.
                 [* Reprinted as at 4 January 2002.
5                   For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 309.]
           (2)   The Second Schedule is amended in the item beginning
                 "Celebration Day" by deleting "annually" and inserting
                 instead --
10               "    for each year   ".

     71.         Public Interest Disclosure Act 2003 amended
           (1)   The amendments in this section are to the Public Interest
                 Disclosure Act 2003*.
                 [* Act No. 29 of 2003.
15                  For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 310 and
                    Act No. 78 of 2003.]
           (2)   Section 16(1) is amended as follows:
                  (a) after paragraph (c) by inserting --
20                      " or ";
                     (b)   at the end of paragraph (f) by deleting "; or" and
                           inserting a full stop instead.

     72.         Queen Elizabeth II Medical Centre Act 1966 amended
           (1)   The amendments in this section are to the Queen Elizabeth II
25               Medical Centre Act 1966*.
                 [* Reprinted as at 3 August 2001.]
           (2)   Section 16(4)(c) is amended by deleting "the University" and
                 inserting instead --
                 "    The University       ".

     page 34
                                 Statutes (Repeals and Minor Amendments) Bill 2004



                                                                                 s. 73



     73.         Real Property (Foreign Governments) Act 1951 amended
           (1)   The amendments in this section are to the Real Property
                 (Foreign Governments) Act 1951*.
                 [* Reprint 1 as at 16 May 2003.]
5          (2)   Section 3(3) is amended by deleting "100 acres" and inserting
                 instead --
                 "   40.5 hectares    ".

     74.         Reprints Act 1984 amended
           (1)   The amendment in this section is to the Reprints Act 1984*.
10               [* Reprint 2 as at 19 March 2004.]
           (2)   Section 7(3) is amended by inserting after paragraph (c) the
                 following paragraph --
                      "
                          (ca)   for words, or words and figures, that designate a
15                               distance, weight, size, volume or other physical
                                 quantity, an expression that designates the same
                                 quantity by means of figures followed by an
                                 abbreviation of the relevant unit of measurement;
                                                                                     ".

20   75.         Road Traffic Amendment (Vehicle Licensing) (Taxing)
                 Act 2001 amended
           (1)   The amendment in this section is to the Road Traffic
                 Amendment (Vehicle Licensing) (Taxing) Act 2001*.
                 [* Act No. 29 of 2001.]
25         (2)   Section 1 is amended by deleting "Amendment".




                                                                              page 35
     Statutes (Repeals and Minor Amendments) Bill 2004



     s. 76



     76.          Road Traffic Amendment Act (No. 2) 1987 amended
           (1)    The amendment in this section is to the Road Traffic
                  Amendment Act (No. 2) 1987*.
                  [* Act No. 121 of 1987.]
5          (2)    Section 11(b) is deleted.

     77.          Road Traffic Amendment Act 1996 amended
           (1)    The amendment in this section is to the Road Traffic
                  Amendment Act 1996*.
                  [* Act No. 76 of 1996.]
10         (2)    Section 8(3) is repealed.

     78.          Rottnest Island Authority Act 1987 amended
           (1)    The amendments in this section are to the Rottnest Island
                  Authority Act 1987*.
                  [* Reprinted as at 4 January 2000.
15                   For subsequent amendments see Western Australian
                     Legislation Information Tables for 2003, Table 1, p. 341 and
                     Act No. 50 of 2003.]
           (2)    Section 4 is repealed and the following section is inserted
                  instead --
20   "
             4.         Rottnest Island Reserve
                        For the purposes of this Act, the Rottnest Island
                        Reserve is class A Reserve No. 16713 reserved under
                        the Land Administration Act 1997 for the purposes of
25                      this Act.
                                                                                ".




     page 36
                              Statutes (Repeals and Minor Amendments) Bill 2004



                                                                              s. 79



     79.         Sentencing Act 1995 amended
           (1)   The amendments in this section are to the Sentencing Act 1995*.
                 [* Reprint 3 as at 10 October 2003.
                    For subsequent amendments see Western Australian
5                   Legislation Information Tables for 2003, Table 1, p. 349 and
                    Acts Nos. 50 of 2003 and 4 of 2004.]
           (2)   Schedule 1 is amended as follows:
                  (a) in the item for the Murdoch University Act 1973 by
                        deleting "the";
10                (b) in the item for the University of Notre Dame Australia
                        Act 1989 by deleting "the University" and inserting
                        instead --
                        " The University ";
                  (c) in the item for the University of Western Australia
15                      Act 1911, by deleting "the University" and inserting
                        instead --
                        " The University ".

     80.         Sports Drug Testing Act 2001 amended
           (1)   The amendments in this section are to the Sports Drug Testing
20               Act 2001*.
                 [* Act No. 13 of 2001.]
           (2)   Section 3 is amended in the definition of "WA competitor" as
                 follows:
                   (a) by deleting ", who";
25                 (b) in paragraphs (a) and (b), by inserting at the beginning
                        of the paragraph --
                        " who ".
           (3)   Section 4(4)(e) is amended by deleting "and" and inserting
                 instead --
30               " or    ".

                                                                         page 37
     Statutes (Repeals and Minor Amendments) Bill 2004



     s. 81



     81.         State Records Act 2000 amended
           (1)   The amendments in this section are to the State Records
                 Act 2000*.
                 [* Act No.52 of 2000.]
5          (2)   Schedule 3 item 1 is amended by deleting "Electricity
                 Corporation" in the first place where it occurs and inserting
                 instead --
                 "   Western Power Corporation   ".

     82.         Statutory Corporations (Liability of Directors) Act 1996
10               amended
           (1)   The amendment in this section is to the Statutory Corporations
                 (Liability of Directors) Act 1996*.
                 [* Reprint 3 as at 7 November 2003.
                    For subsequent amendments see Acts Nos. 35 of 2003 and
15                  4 of 2004.]
           (2)   Section 4 is amended in the definition of "director",
                 paragraph (a), by inserting after "corporation" --
                           "
                                 or, if the corporation is governed by one
20                               person, that person
                                                                                 ".

     83.         Suitors' Fund Act 1964 amended
           (1)   The amendments in this section are to the Suitors' Fund
                 Act 1964*.
25               [* Reprinted as at 29 October 1999.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 375.]




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                                Statutes (Repeals and Minor Amendments) Bill 2004



                                                                               s. 84



           (2)   Section 8(2)(c) is deleted and the following paragraph is
                 inserted instead --
                      "
                          (c)   one shall be a person who is nominated in
5                               writing by the Legal Practice Board established
                                by the Legal Practice Act 2003 and who is so
                                willing.
                                                                                    ".

     84.         Surveillance Devices Act 1998 amended
10         (1)   The amendments in this section are to the Surveillance Devices
                 Act 1998*.
                 [* Reprint 1 as at 12 September 2003.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 382 and
15                  Acts No. 10 of 2002 and 78 of 2003.]
           (2)   Section 41(3) is amended by deleting all of the words from and
                 including "Police" to and including "and the" and inserting
                 instead --
                 " Police, the Corruption and Crime Commission and the         ".

20   85.         Trustees Act 1962 amended
           (1)   The amendments in this section are to the Trustees Act 1962*.
                 [* Reprinted as at 11 January 2002.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 404.]
25         (2)   Section 101(5) is amended by deleting "Bills of Exchange
                 Act 1903" and inserting instead --
                 "   Bills of Exchange Act 1909 ".




                                                                             page 39
     Statutes (Repeals and Minor Amendments) Bill 2004



     s. 86



     86.             University Colleges Act 1926 amended
           (1)       The amendments in this section are to the University Colleges
                     Act 1926*.
                     [* Act No. 47 of 1926.]
5          (2)       Section 3 is amended by deleting "five acres" and inserting
                     instead --
                     "     2.03 hectares     ".

     87.             Water Corporation Act 1995 amended
           (1)       The amendments in this section are to the Water Corporation
10                   Act 1995*.
                     [* Reprinted as at 4 May 2001.
                        For subsequent amendments see Western Australian
                        Legislation Information Tables for 2003, Table 1, p. 419 and
                        Act No. 50 of 2003.]
15         (2)       Section 3 is amended as follows:
                      (a) by inserting before "In this Act," the subsection
                            designation "(1)";
                      (b) in the definition of "subsidiary", by deleting
                            paragraph (a) and "and" after it and inserting instead --
20                              "
                                    (a)   a body determined to be a subsidiary of the
                                          corporation under subsection (2); or
                                                                                         ";
                         (c)    at the end of the section by inserting the following
25                              subsection --
                 "
                     (2)       Part 1.2 Division 6 of the Corporations Act applies for
                               the purpose of determining whether a body is a
                               subsidiary of the corporation.
30                                                                                       ".


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                                   Statutes (Repeals and Minor Amendments) Bill 2004



                                                                                s. 88



     88.         Water Services Licensing Act 1995 amended
           (1)   The amendments in this section are to the Water Services
                 Licensing Act 1995*.
                 [* Reprinted as at 28 July 2000 (as the Water Services
5                   Coordination Act 1995).
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 419.]
           (2)   Section 27 is amended by deleting "at the its" and inserting
                 instead --
10               "   at its   ".

     89.         Weights and Measures Act 1915 amended
           (1)   The amendment in this section is to the Weights and Measures
                 Act 1915*.
                 [* Reprinted as at 14 May 1999.
15                  For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 423.]
           (2)   Section 8 is amended by deleting the full stop after "section 5".
     90.         Western Australian Coastal Shipping Commission Act 1965
                 amended
20         (1)   The amendment in this section is to the Western Australian
                 Coastal Shipping Commission Act 1965*.
                 [* Reprinted as at 8 March 2002.]
           (2)   Section 20(2) is repealed.
     91.         Western Australian Marine Act 1982 amended
25         (1)   The amendments in this section are to the Western Australian
                 Marine Act 1982*.
                 [* Reprinted as at 28 January 2002.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 427.]

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Statutes (Repeals and Minor Amendments) Bill 2004



s. 91



   (2)    Section 64(5) is amended by deleting "subsection (1)" and
          inserting instead --
          "   subsection (4)   ".




 


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