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


STATE TRADING CONCERNS AMENDMENT BILL 1998

                           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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