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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
State Supply Commission Amendment Bill 2007
CONTENTS
1. Short title 2
2. Commencement 2
3. The Act amended 2
4. Section 3 amended 2
5. Part 3 Division 1 heading inserted 2
Division 1 -- General
6. Section 19 amended 2
7. Part 3 Division 2 inserted 3
Division 2 -- State fleet agreement
26AA. Commission may enter into an agreement
relating to supply and disposal of vehicles 3
26AB. Delegation 4
8. Section 30 amended 5
9. Section 32 amended 5
225--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
State Supply Commission Amendment Bill 2007
A Bill for
An Act to amend the State Supply Commission Act 1991.
The Parliament of Western Australia enacts as follows:
page 1
State Supply Commission Amendment Bill 2007
s. 1
1. Short title
This is the State Supply Commission Amendment Act 2007.
2. Commencement
This Act comes into operation as follows:
5 (a) sections 1 and 2 -- on the day on which this Act
receives the Royal Assent;
(b) the rest of the Act -- on a day fixed by proclamation.
3. The Act amended
The amendments in this Act are to the State Supply Commission
10 Act 1991.
4. Section 3 amended
Section 3(1) is amended after the definition of "public
authority" by inserting --
"
15 "State fleet agreement" means an agreement entered
into by the Commission under section 26AA(1);
".
5. Part 3 Division 1 heading inserted
Before section 17 the following heading is inserted --
20 "
Division 1 -- General
".
6. Section 19 amended
(1) Section 19(1) is amended by deleting "subsection (2)," and
25 inserting instead --
" subsections (2) and (3), ".
page 2
State Supply Commission Amendment Bill 2007
s. 7
(2) After section 19(2) the following subsection is inserted --
"
(3) The Commission is not responsible for arranging and
co-ordinating the supply of goods and services that are
5 to be supplied by a Minister under a State fleet
agreement.
".
7. Part 3 Division 2 inserted
After section 26 the following Division is inserted in Part 3 --
10 "
Division 2 -- State fleet agreement
26AA. Commission may enter into an agreement relating
to supply and disposal of vehicles
(1) The Commission may enter into an agreement
15 (a "State fleet agreement") with a Minister for the
Minister to perform or exercise, in accordance with any
terms, conditions or restrictions specified in the
agreement, any function or power of the Commission
under this Act that may be performed or exercised in,
20 or in relation to --
(a) the supply of vehicles to public authorities; or
(b) the disposal of those vehicles.
(2) For the purposes of sections 26AB(1), 30(6) and 32(2),
a department of the Public Service is to be specified in
25 a State fleet agreement.
(3) A department of the Public Service may be specified in
a State fleet agreement if the department principally
assists the Minister who enters into the agreement with
the administration of a written law.
page 3
State Supply Commission Amendment Bill 2007
s. 7
(4) For the purposes of this Act and any other written law,
an act or thing that is done by, to, by reference to, or in
relation to a Minister, in connection with the
performance or exercise by the Minister of a function
5 or power of the Commission under a State fleet
agreement, is as effectual as it would be if it were done
by, to, by reference to, or in relation to the
Commission.
26AB. Delegation
10 (1) A Minister who enters into a State fleet agreement may
delegate to the chief executive officer of the
department of the Public Service specified in the
agreement under section 26AA(2) any function or
power that the Minister may perform or exercise under
15 the agreement.
(2) The delegation is to be in writing signed by the
Minister.
(3) If a function or power is delegated under subsection (1)
to a chief executive officer of a department of the
20 Public Service, the delegation may expressly authorise
the chief executive officer to further delegate the
function or power to one or more other officers of the
department.
(4) A person performing or exercising a function or power
25 that has been delegated to the person under, or as
authorised under, this section is to be taken to do so in
accordance with the terms of the delegation unless the
contrary is shown.
(5) Nothing in this section limits the power of the Minister
30 to perform a function through an officer or agent.
".
page 4
State Supply Commission Amendment Bill 2007
s. 8
8. Section 30 amended
(1) Section 30(2) is amended after "to which" by inserting --
" , subject to subsection (4), ".
(2) After section 30(3) the following subsections are inserted --
5 "
(4) Any funds made available under subsection (1) for the
purposes of the performance or exercise of a function
or power of the Commission that is to be performed or
exercised by a Minister under a State fleet agreement
10 are to be credited to an agency special purpose account
established under the Financial Management Act 2006
section 16 for the purposes of this subsection.
(5) All costs and expenses incurred in the performance or
exercise of a function or power of the Commission that
15 is performed or exercised by a Minister under a State
fleet agreement are to be charged to the account
referred to in subsection (4).
(6) For the purposes of the Financial Management
Act 2006 section 52, the administration of the account
20 referred to in subsection (4) is to be regarded as a
service under the control of the department of the
Public Service specified in the State fleet agreement
under section 26AA(2).
".
25 9. Section 32 amended
Section 32 is amended as follows:
(a) before "The" by inserting the subsection designation
"(1)";
(b) by deleting "The" and inserting instead --
30 " Subject to subsection (2), the ";
page 5
State Supply Commission Amendment Bill 2007
s. 9
(c) at the end of the section by inserting --
"
(2) Any acts or things done by a Minister in the
performance or exercise of a function or power of the
5 Commission under a State fleet agreement are to be
regarded as --
(a) services under the control of the department of
the Public Service specified in the State fleet
agreement under section 26AA(2) for the
10 purposes of the Financial Management
Act 2006 section 52; and
(b) part of the operations of that department for the
purposes of Part 5 of that Act.
".
15
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