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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia LEGISLATIVE ASSEMBLY State Trading Concerns Amendment Bill 1999 A Bill for An Act to amend the State Trading Concerns Act 1916. The Parliament of Western Australia enacts as follows: 1. Short title This Act may be cited as the State Trading Concerns Amendment Act 1999. page 1 65--1 State Trading Concerns Amendment Bill 1999 s. 2 2. Commencement This Act comes into operation on the day on which it receives the Royal Assent. 3. The Act amended 5 The amendments in this Act are to the State Trading Concerns Act 1916*. [* Reprinted as at 18 August 1997.] 4. Long title amended The long title is amended by inserting after "Concerns," -- 10 " and to extend the functions of certain agencies, ". 5. Section 4A amended Section 4A(2)(b) is amended by inserting after "provision" -- 15 " (in the State or elsewhere) ". 6. Section 4B inserted After section 4A the following section is inserted -- " 4B. Extension of statutory functions by regulation 20 (1) In this section -- "accountable authority" has the meaning given by section 3 of the Financial Administration and Audit Act 1985; "chief executive officer" has the meaning given by 25 section 3 of the Public Sector Management Act 1994; "Minister" means a Minister of the Crown; page 2 State Trading Concerns Amendment Bill 1999 s. 6 "Minister responsible", in relation to a statutory corporation, means the Minister to whom the administration of the Act under which the statutory corporation is constituted is for the time being 5 committed by the Governor; "statutory corporation" means -- (a) a Minister or chief executive officer who is constituted as a body corporate under an Act; or (b) any other body corporate that is constituted 10 for a public purpose under an Act and is an agency of the Crown in right of the State. (2) Subject to subsections (3) and (5), a prescribed statutory corporation can carry on a prescribed activity involving the provision (in the State or elsewhere) of -- 15 (a) goods, information or intellectual property; (b) scientific, technical, educational, training, management or advisory services; or (c) advertising opportunities or opportunities to participate in arrangements in the nature of 20 advertising or having a purpose similar to advertising. (3) A statutory corporation (other than a Minister) cannot impose a fee or charge in the course of carrying on an activity authorized by subsection (2) unless the amount 25 of the fee or charge has been approved by the Minister responsible for the statutory corporation. (4) Subsection (2) does not limit any other functions of a statutory corporation, and an activity authorized by subsection (2) may be carried on in addition to those 30 other functions. page 3 State Trading Concerns Amendment Bill 1999 s. 6 (5) Subsection (2) has effect even if the Act under which a statutory corporation is constituted imposes a general prohibition or restriction on entry by the statutory corporation into business undertakings or arrangements, but 5 subsection (2) does not authorize a statutory corporation to carry on an activity if another enactment expressly prevents the statutory corporation from carrying on that activity. (6) For the purposes of subsection (3), the amount of a fee or charge that is determined in a manner that has been 10 approved by the Minister responsible for a statutory corporation is to be regarded as having been approved by the Minister. (7) The Minister responsible for a statutory corporation may delegate the power to give approval under 15 subsection (3) or (6) in relation to fees or charges imposed by the statutory corporation -- (a) if the statutory corporation has an accountable authority, to the accountable authority; or (b) if the statutory corporation is a chief executive 20 officer, to the chief executive officer. (8) If a Minister is a statutory corporation, the Minister may delegate to the chief executive officer of the agency principally assisting the Minister in the administration of the Act under which the statutory 25 corporation is constituted the power -- (a) to fix the amount of a fee or charge to be imposed by the statutory corporation in the course of carrying on an activity authorized by subsection (2); or page 4 State Trading Concerns Amendment Bill 1999 s. 6 (b) to specify the manner in which the amount of such a fee or charge is to be determined. ".
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