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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Western Australian Health Promotion
Foundation Bill 2015
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used 2
4. Object of Act 3
Part 2 -- Western Australian Health
Promotion Foundation
Division 1 -- The Foundation
5. Foundation established 4
6. Status of Foundation 4
Division 2 -- Functions of Foundation
7. Functions 4
8. Powers 5
9. Delegation by Foundation 6
Part 3 -- Administration of
Foundation
Division 1 -- How Foundation is constituted
10. Term used: unable to act 8
11. Foundation membership, presiding member 8
12. Deputy presiding member 9
13. Remuneration and allowances 9
14. Term of office 9
15. Casual vacancies 9
16. Extension of term of office during vacancy 10
17. Leave of absence 11
18. Alternate members 11
139--2 page i
Western Australian Health Promotion Foundation Bill 2015
Contents
Division 2 -- Foundation meetings
19. Holding meetings 11
20. Quorum 11
21. Presiding member 12
22. Procedure at meetings 12
23. Holding meetings remotely 12
24. Voting 12
25. Resolution without meeting 12
26. Minutes to be kept 12
Division 3 -- Committees
27. Committees 13
28. Remuneration and allowances 13
Division 4 -- Disclosure of interests
29. Term used: member 13
30. Disclosure of material personal interest 14
31. Voting by interested member 14
32. Section 31 may be declared inapplicable 14
33. Quorum where section 31 applies 15
Division 5 -- Execution of documents
34. Execution of documents by Foundation 15
Part 4 -- Staff
35. Chief executive officer 17
36. Other staff 17
37. Contracts for services 17
38. Use of other government staff and facilities 17
Part 5 -- Accountability
39. Minister may give directions 19
40. Minister to have access to information 19
Part 6 -- Financial provisions
41. Application of Financial Management Act 2006
and Auditor General Act 2006 21
42. Western Australian Health Promotion Account 21
43. Foundation's funds and expenditure 21
44. Notice of financial difficulty 23
Part 7 -- Miscellaneous
45. Protection from liability for wrongdoing 24
page ii
Western Australian Health Promotion Foundation Bill 2015
Contents
46. Confidentiality of information 24
47. Regulations 25
48. Laying documents before House of Parliament not
sitting 25
49. Review of Act 25
Part 8 -- Consequential amendments
to other Acts
Division 1 -- Constitution Acts Amendment
Act 1899 amended
50. Act amended 27
51. Schedule V amended 27
Division 2 -- Public Sector Management
Act 1994 amended
52. Act amended 27
53. Schedule 2 amended 27
Division 3 -- Tobacco Products Control Act 2006
amended
54. Act amended 27
55. Section 3 replaced 28
3. Purposes of Act 28
56. Part 5 heading replaced 28
Part 5 -- Administration
57. Part 5 Divisions 1 to 3 deleted 28
58. Part 5 Division 4 heading deleted 28
59. Section 122 deleted 29
60. Section 124A amended 29
61. Section 126 deleted 29
62. Schedule 1 deleted 29
63. Schedule 2 deleted 29
64. Glossary amended 29
Part 9 -- Transitional provisions
65. Terms used 31
66. Interpretation Act 1984 not affected 31
67. Foundation continues 31
68. Members cease to hold office on transition day 32
69. First Foundation members under this Act 32
70. First CEO under this Act 32
page iii
Western Australian Health Promotion Foundation Bill 2015
Contents
71. Other employees of Foundation 32
72. Preservation of employee rights 33
73. People engaged to provide assistance 33
74. Western Australian Health Promotion Account 34
75. Investments 34
76. Exemption from State tax 34
77. Transitional regulations 35
Defined terms
page iv
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Western Australian Health Promotion
Foundation Bill 2015
A Bill for
An Act to --
• make provision for the Western Australian Health Promotion
Foundation; and
• make consequential amendments to the Tobacco Products Control
Act 2006 and other Acts.
The Parliament of Western Australia enacts as follows:
page 1
Western Australian Health Promotion Foundation Bill 2015
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Western Australian Health Promotion Foundation
4 Act 2015.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
11 3. Terms used
12 In this Act, unless the contrary intention appears --
13 Account means the Western Australian Health Promotion
14 Account mentioned in section 42(1);
15 CEO means the chief executive officer of the Foundation
16 mentioned in section 35(1);
17 committee means a committee appointed under section 27(1);
18 Foundation means the Western Australian Health Promotion
19 Foundation mentioned in section 5;
20 member means a member of the Foundation mentioned in
21 section 11(1)(a) or (b);
22 presiding member means the member of the Foundation
23 mentioned in section 11(1)(a);
24 racing means horse racing or pacing, dog racing, motor car
25 racing or motorcycle racing;
26 sporting includes recreational and other such activities but does
27 not include racing;
28 staff member means the CEO or a person appointed or engaged
29 as mentioned in section 36(1) or (2).
page 2
Western Australian Health Promotion Foundation Bill 2015
Preliminary Part 1
s. 4
1 4. Object of Act
2 The object of this Act is to promote and facilitate in Western
3 Australia good health and activities which encourage healthy
4 lifestyles.
page 3
Western Australian Health Promotion Foundation Bill 2015
Part 2 Western Australian Health Promotion Foundation
Division 1 The Foundation
s. 5
1 Part 2 -- Western Australian Health Promotion
2 Foundation
3 Division 1 -- The Foundation
4 5. Foundation established
5 (1) A body called the Western Australian Health Promotion
6 Foundation is established.
7 (2) The Foundation is a body corporate with perpetual succession.
8 (3) Proceedings may be taken by or against the Foundation in its
9 corporate name.
10 (4) The Foundation may use, and operate under, one or more
11 trading names approved by the Minister.
12 (5) A trading name can be --
13 (a) an abbreviation or adaptation of the Foundation's
14 corporate name; or
15 (b) a name other than the Foundation's corporate name.
16 6. Status of Foundation
17 (1) The Foundation is an agent of the State and has the status,
18 immunities and privileges of the State.
19 (2) The Foundation is an SES organisation under the Public Sector
20 Management Act 1994.
21 Division 2 -- Functions of Foundation
22 7. Functions
23 (1) The functions of the Foundation are --
24 (a) to fund activities related to the promotion of good health
25 in general with particular emphasis on young people;
26 and
page 4
Western Australian Health Promotion Foundation Bill 2015
Western Australian Health Promotion Foundation Part 2
Functions of Foundation Division 2
s. 8
1 (b) to support sporting and arts activities which encourage
2 healthy lifestyles and advance health promotion
3 programmes; and
4 (c) to provide grants to organisations engaged in health
5 promotion programmes; and
6 (d) to fund research relevant to health promotion; and
7 (e) to raise funds by soliciting donations and grants and,
8 subject to subsection (2), engaging in the production or
9 marketing mentioned in section 8(2)(b) in order to
10 support the work of the Foundation; and
11 (f) to evaluate and report on the effectiveness of the
12 performance of the Foundation in achieving health
13 promotion activities; and
14 (g) generally to achieve the object of this Act.
15 (2) It is not a purpose of the Foundation to make a profit by
16 engaging in the production or marketing mentioned in
17 section 8(2)(b), but any surplus of revenue over expenditure
18 arising as a result of that engagement must be credited to the
19 Account.
20 8. Powers
21 (1) The Foundation has all the powers it needs to perform its
22 functions.
23 (2) Without limiting subsection (1), the Foundation may for the
24 purpose of performing a function --
25 (a) make grants to any of the following --
26 (i) sporting organisations;
27 (ii) arts organisations;
28 (iii) health organisations;
29 (iv) community organisations;
30 (v) research organisations;
31 (vi) youth organisations;
page 5
Western Australian Health Promotion Foundation Bill 2015
Part 2 Western Australian Health Promotion Foundation
Division 2 Functions of Foundation
s. 9
1 (vii) racing organisations;
2 and
3 (b) engage in the production or marketing or both of goods
4 and services which themselves constitute or form part of
5 health promotion activities --
6 (i) to promote the object of this Act and the
7 functions of the Foundation; and
8 (ii) to cover the cost of that production or marketing
9 or both by generating revenue;
10 and
11 (c) acquire, hold, deal with and dispose of real and personal
12 property.
13 9. Delegation by Foundation
14 (1) The Foundation may, subject to this section, delegate any power
15 or duty of the Foundation under another provision of this Act
16 to --
17 (a) a member, the CEO or any other staff member; or
18 (b) a committee.
19 (2) The Foundation cannot delegate its function of determining to
20 whom, or in what amounts, financial support may be provided
21 from money standing to the credit of the Account unless that
22 function --
23 (a) is delegated to the CEO or a committee; and
24 (b) is limited to amounts of $5 000 or less.
25 (3) The delegation must be in writing executed by the Foundation.
26 (4) The delegation may expressly authorise the delegate to further
27 delegate the power or duty unless the delegation is of a kind
28 mentioned in subsection (2).
page 6
Western Australian Health Promotion Foundation Bill 2015
Western Australian Health Promotion Foundation Part 2
Functions of Foundation Division 2
s. 9
1 (5) When a delegation is made to a committee under this section --
2 (a) the instrument of delegation may regulate the
3 procedures to be followed by the committee when acting
4 under the delegation; and
5 (b) the committee may, if the instrument of delegation so
6 provides, act by a majority of the committee members
7 present at a meeting of the committee.
8 (6) A person to whom, or a member of a committee to which, a
9 power or duty is delegated under this section is disqualified
10 from acting under the delegation in relation to any matter in
11 which the person or the member of the committee has a material
12 personal interest.
13 (7) A person exercising or performing a power or duty that has been
14 delegated to the person under, or as authorised under, this
15 section must be taken to do so in accordance with the terms of
16 the delegation unless the contrary is shown.
17 (8) Nothing in this section limits the ability of the Foundation to
18 perform a function through an officer or agent.
19 (9) This section does not apply to the execution of documents but
20 authority to execute documents on behalf of the Foundation can
21 be given under section 34(5).
page 7
Western Australian Health Promotion Foundation Bill 2015
Part 3 Administration of Foundation
Division 1 How Foundation is constituted
s. 10
1 Part 3 -- Administration of Foundation
2 Division 1 -- How Foundation is constituted
3 10. Term used: unable to act
4 In this Division --
5 unable to act means unable to act as a member for any reason,
6 including --
7 (a) illness; and
8 (b) absence; and
9 (c) the operation of section 31(1).
10 11. Foundation membership, presiding member
11 (1) The Foundation consists of --
12 (a) the presiding member appointed under subsection (3);
13 and
14 (b) 6 other members appointed by the Minister.
15 (2) Of the 7 members --
16 (a) at least one must be a person who, in the opinion of the
17 Minister, has knowledge of and experience in the arts;
18 and
19 (b) at least one must be a person who, in the opinion of the
20 Minister, has knowledge of and experience in health;
21 and
22 (c) at least one must be a person who, in the opinion of the
23 Minister, has knowledge of and experience in sport; and
24 (d) each of the others must be a person who, in the opinion
25 of the Minister, has knowledge of and experience in one
26 or more of the fields of the arts, finance, governance,
27 health, law, management, marketing or sport.
28 (3) The presiding member must be appointed by the Minister on the
29 nomination of the Premier.
page 8
Western Australian Health Promotion Foundation Bill 2015
Administration of Foundation Part 3
How Foundation is constituted Division 1
s. 12
1 (4) The Premier must consult with the parliamentary leader of each
2 party in the Parliament before making a nomination for the
3 purposes of subsection (3).
4 12. Deputy presiding member
5 (1) The Minister must designate a member other than the presiding
6 member to be the deputy presiding member of the Foundation.
7 (2) If the presiding member is unable to act or if there is no
8 presiding member, the deputy presiding member must act in the
9 presiding member's place.
10 (3) An act or omission of the deputy presiding member acting in the
11 presiding member's place cannot be questioned on the ground
12 that the occasion to act had not arisen or had ceased.
13 13. Remuneration and allowances
14 Members are entitled to be paid out of the funds of the
15 Foundation any remuneration and allowances that the Minister
16 may from time to time determine on the recommendation of the
17 Public Sector Commissioner.
18 14. Term of office
19 (1) A member holds office for the term, not exceeding 3 years, that
20 is specified in the member's instrument of appointment.
21 (2) A member is eligible for reappointment but cannot hold office
22 for more than 9 years, consecutively or otherwise.
23 15. Casual vacancies
24 (1) In this section --
25 misconduct includes conduct that renders the member unfit to
26 hold office as a member even though the conduct does not relate
27 to a duty of the office.
page 9
Western Australian Health Promotion Foundation Bill 2015
Part 3 Administration of Foundation
Division 1 How Foundation is constituted
s. 16
1 (2) The office of a member becomes vacant if the member --
2 (a) dies, resigns or is removed from office under this
3 section; or
4 (b) is, according to the Interpretation Act 1984 section 13D,
5 a bankrupt or a person whose affairs are under
6 insolvency laws; or
7 (c) is convicted of an offence punishable by imprisonment
8 for more than 12 months; or
9 (d) is convicted of an offence under section 30(1).
10 (3) A member may at any time resign from office by written notice
11 given to the Minister.
12 (4) The Minister may remove a member from office on the grounds
13 of --
14 (a) neglect of duty; or
15 (b) misconduct or incompetence; or
16 (c) mental or physical incapacity, other than temporary
17 illness, impairing the performance of the member's
18 duties; or
19 (d) absence, without leave, from 3 consecutive meetings of
20 the Foundation of which the member has had notice.
21 16. Extension of term of office during vacancy
22 (1) If the office of a member becomes vacant because the member's
23 term of office expires by effluxion of time, the member must be
24 taken to continue to be a member during that vacancy until the
25 date on which the vacancy is filled (whether by reappointment
26 of the member or appointment of a successor to the member).
27 (2) Subsection (1) ceases to apply if the member resigns or is
28 removed from office under section 15.
29 (3) The maximum period for which a member must be taken to
30 continue to be a member under this section after the member's
31 term of office expires is 3 months.
page 10
Western Australian Health Promotion Foundation Bill 2015
Administration of Foundation Part 3
Foundation meetings Division 2
s. 17
1 17. Leave of absence
2 The Foundation may, on any terms and conditions it thinks fit,
3 grant a member leave to be absent from office.
4 18. Alternate members
5 (1) If a member other than the presiding member is unable to act,
6 the Minister may appoint another person as an alternate member
7 to act temporarily in the member's place.
8 (2) If the deputy presiding member is unable to act in the presiding
9 member's place at a meeting --
10 (a) the members present may elect one of their number to
11 act as presiding member; and
12 (b) subsection (1) applies as if the member elected were
13 absent from the meeting.
14 (3) While acting in accordance with the appointment, the alternate
15 member must be taken to be, and to have any entitlement of, a
16 member.
17 (4) An act or omission of an alternate member cannot be questioned
18 on the ground that the occasion for the appointment or acting
19 had not arisen or had ceased.
20 Division 2 -- Foundation meetings
21 19. Holding meetings
22 The first meeting of the Foundation after this section comes into
23 operation must be convened by the presiding member and
24 subsequent meetings are to be held at times and places
25 determined by the Foundation.
26 20. Quorum
27 Four members constitute a quorum.
page 11
Western Australian Health Promotion Foundation Bill 2015
Part 3 Administration of Foundation
Division 2 Foundation meetings
s. 21
1 21. Presiding member
2 The presiding member must preside at a meeting of the
3 Foundation at which the presiding member is present.
4 22. Procedure at meetings
5 The Foundation must determine its own meeting procedures to
6 the extent that they are not fixed by this Act.
7 23. Holding meetings remotely
8 The presence of a person at a meeting of the Foundation need
9 not be by attendance in person but may be by that person and
10 each other person at the meeting being simultaneously in
11 contact by telephone or other means of instantaneous
12 communication.
13 24. Voting
14 (1) At a meeting of the Foundation, each member present has a
15 deliberative vote unless section 31 prevents the member from
16 voting.
17 (2) In the case of an equality of votes, the member who is presiding
18 has a casting vote in addition to a deliberative vote.
19 (3) A question is resolved by a majority of the votes cast.
20 25. Resolution without meeting
21 A resolution in writing signed or otherwise assented to in
22 writing by each member has the same effect as if it had been
23 passed at a meeting of the Foundation.
24 26. Minutes to be kept
25 The Foundation must keep accurate minutes of its meetings.
page 12
Western Australian Health Promotion Foundation Bill 2015
Administration of Foundation Part 3
Committees Division 3
s. 27
1 Division 3 -- Committees
2 27. Committees
3 (1) The Foundation may --
4 (a) appoint any committee it considers necessary to provide
5 advice or assistance to the Foundation in relation to the
6 Foundation's functions; and
7 (b) appoint the members, and determine the functions, of a
8 committee; and
9 (c) discharge or alter a committee.
10 (2) The Foundation must ensure that there are sufficient country
11 representatives appointed as committee members.
12 (3) A committee must comply with all reasonable directions or
13 requirements of the Foundation, and otherwise may determine
14 its own procedures.
15 (4) A committee must keep minutes of its meetings to a standard
16 approved by the Foundation and provide the Foundation with a
17 copy of the minutes of each meeting.
18 28. Remuneration and allowances
19 Committee members are entitled to be paid out of the funds of
20 the Foundation any remuneration and allowances that the
21 Minister may from time to time determine on the
22 recommendation of the Public Sector Commissioner.
23 Division 4 -- Disclosure of interests
24 29. Term used: member
25 In this Division other than section 33 --
26 member includes a committee member.
page 13
Western Australian Health Promotion Foundation Bill 2015
Part 3 Administration of Foundation
Division 4 Disclosure of interests
s. 30
1 30. Disclosure of material personal interest
2 (1) A member who has a material personal interest in a matter being
3 considered or about to be considered by the Foundation or a
4 committee must, as soon as possible after the relevant facts have
5 come to the member's knowledge, disclose the nature of the
6 interest at a meeting of the Foundation or the committee, as is
7 relevant.
8 Penalty: a fine of $10 000.
9 (2) A disclosure under this section must be recorded in the minutes
10 of the meeting.
11 31. Voting by interested member
12 (1) A member who has a material personal interest in a matter that
13 is being considered by the Foundation or a committee --
14 (a) must not vote, whether at a meeting or otherwise, on the
15 matter; and
16 (b) must not be present while the matter is being considered
17 at a meeting.
18 (2) A reference in subsection (1)(a) or (b) to a matter includes a
19 reference to a proposed resolution under section 32 in respect of
20 the matter, whether relating to that member or a different
21 member.
22 32. Section 31 may be declared inapplicable
23 Section 31 does not apply if --
24 (a) a member has disclosed under section 30 an interest in a
25 matter; and
26 (b) the Foundation has at any time passed a resolution
27 that --
28 (i) specifies the member, the interest and the matter;
29 and
30 (ii) states that the members voting for the resolution
31 are satisfied that the interest is so trivial or
page 14
Western Australian Health Promotion Foundation Bill 2015
Administration of Foundation Part 3
Execution of documents Division 5
s. 33
1 insignificant as to be unlikely to influence the
2 disclosing member's conduct and should not
3 disqualify the member from considering or
4 voting on the matter.
5 33. Quorum where section 31 applies
6 (1) Despite section 20, if a member is disqualified under section 31
7 in relation to a matter, a quorum is present during the
8 consideration of the matter if at least 3 members are present
9 who are entitled to vote on any motion that may be moved at the
10 meeting in relation to the matter.
11 (2) The Minister may deal with a matter to the extent that the
12 Foundation cannot deal with it because of subsection (1).
13 Division 5 -- Execution of documents
14 34. Execution of documents by Foundation
15 (1) The Foundation must have a common seal.
16 (2) A document is duly executed by the Foundation if --
17 (a) the common seal of the Foundation is affixed to it in
18 accordance with subsections (3) and (4); or
19 (b) it is signed on behalf of the Foundation by a person or
20 persons authorised to do so under subsection (5).
21 (3) The common seal of the Foundation must not be affixed to any
22 document except as authorised by the Foundation.
23 (4) The common seal of the Foundation must be affixed to a
24 document in the presence of one of its members who must sign
25 the document to attest that the common seal was so affixed.
26 (5) The Foundation may, by writing under its common seal,
27 authorise one or more of its members or the CEO or any other
28 staff member to sign documents on behalf of the Foundation,
29 either generally or subject to the conditions that are specified in
30 the authorisation.
page 15
Western Australian Health Promotion Foundation Bill 2015
Part 3 Administration of Foundation
Division 5 Execution of documents
s. 34
1 (6) A document purporting to be executed in accordance with this
2 section must to be presumed to be duly executed until the
3 contrary is shown.
4 (7) When a document is produced bearing a seal purporting to be
5 the common seal of the Foundation, it must be presumed that
6 the seal is the common seal of the Foundation until the contrary
7 is shown.
page 16
Western Australian Health Promotion Foundation Bill 2015
Staff Part 4
s. 35
1 Part 4 -- Staff
2 35. Chief executive officer
3 (1) A chief executive officer of the Foundation is to be appointed
4 under the Public Sector Management Act 1994 Part 3.
5 (2) The chief executive officer is to administer the day-to-day
6 operations of the Foundation subject to the control of the
7 Foundation.
8 36. Other staff
9 (1) Public service officers may be appointed under the Public
10 Sector Management Act 1994 Part 3 to enable the Foundation to
11 perform its functions.
12 (2) Subsection (1) does not affect the power that the Public Sector
13 Management Act 1994 section 100 gives the employing
14 authority of the Foundation to engage a person under a contract
15 for services or appoint a person on a casual employment basis.
16 37. Contracts for services
17 (1) The Foundation may engage a person to perform services for
18 the purposes of this Act under a contract for services on the
19 terms and conditions (including as to remuneration) that the
20 Foundation thinks fit.
21 (2) A person engaged under subsection (1) is not a person
22 appointed under the Public Sector Management Act 1994 Part 3.
23 38. Use of other government staff and facilities
24 (1) The Foundation may by arrangement with the relevant
25 employing authority make use, either full-time or part-time, of
26 the services of any officer or employee --
27 (a) in the Public Service; or
28 (b) in a State agency; or
29 (c) otherwise in the service of the State.
page 17
Western Australian Health Promotion Foundation Bill 2015
Part 4 Staff
s. 38
1 (2) The Foundation may by arrangement with --
2 (a) a department of the Public Service; or
3 (b) a State agency,
4 make use of any facilities of the department or agency.
5 (3) An arrangement under subsection (1) or (2) must be made on
6 the terms agreed to by the parties.
page 18
Western Australian Health Promotion Foundation Bill 2015
Accountability Part 5
s. 39
1 Part 5 -- Accountability
2 39. Minister may give directions
3 (1) The Minister may give written directions to the Foundation with
4 respect to the performance of its functions, either generally or in
5 relation to a particular matter, and the Foundation must give
6 effect to any such direction.
7 (2) The Minister must not under subsection (1) direct the
8 Foundation with respect to the provision of funds or grants
9 under this Act.
10 (3) The Minister must cause the text of any direction under
11 subsection (1) to be laid before each House of Parliament, or
12 dealt with under section 48, within 14 days after the direction is
13 given.
14 (4) The text of a direction under subsection (1) must be included in
15 the annual report submitted by the accountable authority of the
16 Foundation under the Financial Management Act 2006 Part 5.
17 40. Minister to have access to information
18 (1) In this section --
19 document includes any tape, disk or other device or medium on
20 which information is recorded or stored;
21 information means information specified, or of a description
22 specified, by the Minister that relates to the functions of the
23 Foundation.
24 (2) The Minister is entitled --
25 (a) to have information in the possession of the Foundation;
26 and
27 (b) where the information is in or on a document, to have,
28 and make and retain copies of, that document.
page 19
Western Australian Health Promotion Foundation Bill 2015
Part 5 Accountability
s. 40
1 (3) For the purposes of subsection (2) the Minister may --
2 (a) request the Foundation to furnish information to the
3 Minister; or
4 (b) request the Foundation to give the Minister access to
5 information; or
6 (c) request the use of a staff member to obtain the
7 information and give it to the Minister.
8 (4) The Foundation must comply with a request under
9 subsection (3).
page 20
Western Australian Health Promotion Foundation Bill 2015
Financial provisions Part 6
s. 41
1 Part 6 -- Financial provisions
2 41. Application of Financial Management Act 2006 and Auditor
3 General Act 2006
4 The provisions of the Financial Management Act 2006 and the
5 Auditor General Act 2006 regulating the financial
6 administration, audit and reporting of statutory authorities apply
7 to and in respect of the Foundation and its operations.
8 42. Western Australian Health Promotion Account
9 (1) An account called the Western Australian Health Promotion
10 Account is established as an agency special purpose account
11 under the Financial Management Act 2006 section 16.
12 (2) Money received by the Foundation must be credited to, and
13 money paid by the Foundation must be debited to, the Account.
14 43. Foundation's funds and expenditure
15 (1) The funds available for the purpose of enabling the Foundation
16 to perform its functions consist of money that is lawfully
17 received by, or made available to, the Foundation.
18 (2) In respect of each financial year, the prescribed amount must be
19 paid to the Foundation, and the Consolidated Account is
20 appropriated accordingly.
21 (3) The Foundation must not decide or announce any decision to
22 disburse any part of the Account, under section 8(2)(a),
23 during --
24 (a) the period from the issue of the writ for a general
25 election, whether State or Federal, to be held within the
26 State until the close of voting in that election; or
27 (b) the period from the issue of the writ for an election in
28 relation to a vacancy, whether State or Federal, to be
29 held within the State until the close of voting in that
page 21
Western Australian Health Promotion Foundation Bill 2015
Part 6 Financial provisions
s. 43
1 election, if the decision relates to the division or district
2 in respect of which that election is to be held.
3 (4) The Foundation must endeavour to ensure that, in each financial
4 year --
5 (a) not less than 30% of the money paid under
6 subsection (2) in any one financial year is disbursed to
7 sporting organisations which the Foundation is satisfied
8 are promoting, or will promote, the object of this Act;
9 and
10 (b) not less than 15% of the money paid under
11 subsection (2) in any one financial year is disbursed to
12 arts organisations which the Foundation is satisfied are
13 promoting, or will promote, the object of this Act; and
14 (c) not more than 50% of the money paid under
15 subsection (2) in any one financial year is disbursed to
16 any one of the following kinds of organisations which
17 the Foundation is satisfied are promoting, or will
18 promote, the object of this Act --
19 (i) sporting organisations;
20 (ii) arts organisations;
21 (iii) health organisations;
22 (iv) community organisations;
23 (v) research organisations;
24 (vi) racing organisations.
25 (5) A decision of the Foundation to disburse any money from the
26 Account must be approved by the Minister before the money is
27 disbursed.
28 (6) All money standing to the credit of the Account immediately
29 before the commencement of a financial year must, subject to
30 section 42(2), remain in and standing to the credit of the
31 Account after that commencement.
page 22
Western Australian Health Promotion Foundation Bill 2015
Financial provisions Part 6
s. 44
1 (7) The Foundation must endeavour to commit the funds received
2 from the State by it to the object of this Act within the year they
3 are received or reasonably soon thereafter and must include in
4 its annual report the reason for any amount of those funds
5 remaining not so committed beyond that year.
6 (8) Any amount of funds received by the Foundation from the State
7 which have not been committed to the object of this Act within
8 4 months of the end of the financial year for which they have
9 been allocated or 4 months of receipt if received outside the
10 financial year are to be returned to the Consolidated Account.
11 44. Notice of financial difficulty
12 (1) The Foundation must notify the Minister if it forms the opinion
13 that the Foundation is unable to, or will be unlikely to be able
14 to, satisfy any of its financial obligations from the financial
15 resources available to it or likely to be available to it at the time
16 the financial obligation is due.
17 (2) The notice must be in writing, giving reasons for the
18 Foundation's opinion.
19 (3) Within 7 days after receipt of the notice, the Minister must --
20 (a) confer with the Treasurer and the Foundation for the
21 purpose of determining what action is required to ensure
22 that the Foundation is able to satisfy the relevant
23 financial obligation when it is due; and
24 (b) initiate such action as is required to ensure that the
25 Foundation is able to satisfy the relevant financial
26 obligation when it is due.
page 23
Western Australian Health Promotion Foundation Bill 2015
Part 7 Miscellaneous
s. 45
1 Part 7 -- Miscellaneous
2 45. Protection from liability for wrongdoing
3 (1) An action in tort does not lie against a person for anything that
4 the person has done, in good faith, in the performance or
5 purported performance of a function under this Act.
6 (2) The protection given by this section applies even though the
7 thing done as described in subsection (1) may have been
8 capable of being done whether or not this Act had been enacted.
9 (3) Despite subsection (1), neither the Foundation nor the State is
10 relieved of any liability that it might have for another person
11 having done anything as described in that subsection.
12 (4) In this section, a reference to the doing of anything includes a
13 reference to an omission to do anything.
14 46. Confidentiality of information
15 (1) A person must not record, disclose or make use of any
16 information obtained by reason of a function that the person has,
17 or at any time had, in the administration of this Act except --
18 (a) for the purpose of performing a function under this Act;
19 or
20 (b) as required or allowed by this Act or under another
21 written law; or
22 (c) for the purposes of proceedings in a court; or
23 (d) with the written consent of the person to whom the
24 information relates; or
25 (e) in prescribed circumstances.
26 Penalty: a fine of $10 000 and imprisonment for 12 months.
27 (2) Subsection (1) does not apply to the recording, disclosure or use
28 of statistical or other information that could not reasonably be
29 expected to lead to the identification of any person to whom it
30 relates.
page 24
Western Australian Health Promotion Foundation Bill 2015
Miscellaneous Part 7
s. 47
1 47. Regulations
2 The Governor may make regulations prescribing matters --
3 (a) required or permitted by this Act to be prescribed; or
4 (b) necessary or convenient to be prescribed for giving
5 effect to this Act.
6 48. Laying documents before House of Parliament not sitting
7 (1) If a provision of this Act requires the Minister to cause a
8 document to be laid before each House of Parliament or be dealt
9 with under this section within a period and --
10 (a) when the Minister is ready to act, a House of Parliament
11 is not sitting; and
12 (b) the Minister is of the opinion that the House will not sit
13 during that period,
14 the Minister must transmit a copy of the document to the Clerk
15 of that House.
16 (2) A copy of a document transmitted to the Clerk of a House must
17 be taken to have been laid before that House.
18 (3) The laying of a copy of a document that, under subsection (2), is
19 taken to have occurred must be recorded in the Minutes, or
20 Votes and Proceedings, of the House on the first sitting day of
21 the House after the Clerk received the copy.
22 49. Review of Act
23 (1) The Minister must review the operation and effectiveness of this
24 Act as soon as is practicable after --
25 (a) the expiry of 5 years from the day on which Part 2
26 comes into operation; and
27 (b) every fifth anniversary of that day.
page 25
Western Australian Health Promotion Foundation Bill 2015
Part 7 Miscellaneous
s. 49
1 (2) The Minister must, as soon as is practicable after completion of
2 the review --
3 (a) prepare a report about the outcome of the review; and
4 (b) cause a copy of the report to be laid before each House
5 of Parliament or dealt with under section 48.
page 26
Western Australian Health Promotion Foundation Bill 2015
Consequential amendments to other Acts Part 8
Constitution Acts Amendment Act 1899 amended Division 1
s. 50
1 Part 8 -- Consequential amendments to other Acts
2 Division 1 -- Constitution Acts Amendment Act 1899 amended
3 50. Act amended
4 This Division amends the Constitution Acts Amendment
5 Act 1899.
6 51. Schedule V amended
7 In Schedule V Part 3 in the item relating to the Western
8 Australian Health Promotion Foundation delete "Tobacco
9 Products Control Act 2006." and insert:
10
11 Western Australian Health Promotion Foundation Act 2015.
12
13 Division 2 -- Public Sector Management Act 1994 amended
14 52. Act amended
15 This Division amends the Public Sector Management Act 1994.
16 53. Schedule 2 amended
17 In Schedule 2 after item 58 insert:
18
59A. Western Australian Health Promotion Foundation, under the
Western Australian Health Promotion Foundation Act 2015
19
20 Division 3 -- Tobacco Products Control Act 2006 amended
21 54. Act amended
22 This Division amends the Tobacco Products Control Act 2006.
page 27
Western Australian Health Promotion Foundation Bill 2015
Part 8 Consequential amendments to other Acts
Division 3 Tobacco Products Control Act 2006 amended
s. 55
1 55. Section 3 replaced
2 Delete section 3 and insert:
3
4 3. Purposes of Act
5 The purposes of this Act are to reduce the incidence of
6 illness and death related to the use of tobacco
7 products --
8 (a) by prohibiting the supply of tobacco products
9 and smoking implements to young persons; and
10 (b) by discouraging the use of tobacco products;
11 and
12 (c) by restricting the promotion of tobacco
13 products and smoking generally; and
14 (d) by reducing the exposure of people to tobacco
15 smoke from tobacco products that are smoked
16 by other people.
17
18 56. Part 5 heading replaced
19 Delete the heading to Part 5 and insert:
20
21 Part 5 -- Administration
22
23 57. Part 5 Divisions 1 to 3 deleted
24 Delete Part 5 Divisions 1, 2 and 3.
25 58. Part 5 Division 4 heading deleted
26 Delete the heading to Part 5 Division 4.
page 28
Western Australian Health Promotion Foundation Bill 2015
Consequential amendments to other Acts Part 8
Tobacco Products Control Act 2006 amended Division 3
s. 59
1 59. Section 122 deleted
2 Delete section 122.
3 60. Section 124A amended
4 In section 124A(2) delete "or the Foundation has under this
5 Act." and insert:
6
7 has under this Act or the Foundation has under the Western
8 Australian Health Promotion Foundation Act 2015.
9
10 61. Section 126 deleted
11 Delete section 126.
12 62. Schedule 1 deleted
13 Delete Schedule 1.
14 63. Schedule 2 deleted
15 Delete Schedule 2.
16 64. Glossary amended
17 (1) In the Glossary delete the definitions of:
18 Account
19 chairperson
20 committee
21 executive director
22 member
23 racing
24 sporting
page 29
Western Australian Health Promotion Foundation Bill 2015
Part 8 Consequential amendments to other Acts
Division 3 Tobacco Products Control Act 2006 amended
s. 64
1 (2) In the Glossary in the definition of Foundation delete
2 "established by section 59;" and insert:
3
4 mentioned in the Western Australian Health Promotion Foundation
5 Act 2015 section 5;
6
page 30
Western Australian Health Promotion Foundation Bill 2015
Transitional provisions Part 9
s. 65
1 Part 9 -- Transitional provisions
2 65. Terms used
3 In this Part --
4 TPC Act Account means the Account as defined in the Tobacco
5 Products Control Act 2006 Glossary immediately before
6 transition day;
7 TPC Act Foundation means the Foundation as defined in the
8 Tobacco Products Control Act 2006 Glossary immediately
9 before transition day;
10 transition day means the day on which Part 8 Division 3 comes
11 into operation.
12 66. Interpretation Act 1984 not affected
13 Except to the extent this Part expressly provides differently, the
14 Interpretation Act 1984 applies in relation to the repeal of an
15 enactment by Part 8 Division 3.
16 67. Foundation continues
17 (1) The Foundation as defined in section 3 is a continuation of, and
18 the same legal entity as, the TPC Act Foundation and on and
19 after transition day --
20 (a) the assets, rights and liabilities of or in relation to the
21 TPC Act Foundation continue as assets, rights and
22 liabilities of or in relation to the Foundation as defined
23 in section 3; and
24 (b) any proceedings that immediately before that day might
25 have been brought or continued by the TPC Act
26 Foundation may be brought or continued by the
27 Foundation as defined in section 3; and
28 (c) any remedy that immediately before that day is available
29 against or to the TPC Act Foundation is available
30 against or to the Foundation as defined in section 3.
page 31
Western Australian Health Promotion Foundation Bill 2015
Part 9 Transitional provisions
s. 68
1 (2) On and after transition day, any agreement, instrument or other
2 document that contains a reference to the TPC Act Foundation
3 has effect as if the reference were to the Foundation as defined
4 in section 3, unless the context otherwise requires.
5 68. Members cease to hold office on transition day
6 A person who, immediately before transition day, was a
7 member of the TPC Act Foundation ceases to be a member on
8 transition day.
9 69. First Foundation members under this Act
10 Four of the members of the Foundation as first constituted under
11 this Act are to hold office for the term, not exceeding
12 18 months, that is specified in the member's instrument of
13 appointment.
14 70. First CEO under this Act
15 (1) A person who, immediately before transition day, was the
16 executive director of the Foundation under the Tobacco
17 Products Control Act 2006 section 69(1) must, on and after
18 transition day, be taken to be the CEO.
19 (2) The person holds office for the period, beginning on transition
20 day, that is equal to the balance of the person's term of office
21 remaining under the Tobacco Products Control Act 2006
22 immediately before transition day.
23 (3) Subsection (1) does not apply to a person appointed to act as the
24 executive director.
25 71. Other employees of Foundation
26 (1) A person who, immediately before transition day, was an
27 employee of the Foundation under the Tobacco Products
28 Control Act 2006 section 69(1) must, on and after transition
29 day, be taken to be a public service officer employed in the
30 Foundation.
page 32
Western Australian Health Promotion Foundation Bill 2015
Transitional provisions Part 9
s. 72
1 (2) Subsection (1) --
2 (a) does not apply to a person who, immediately before
3 transition day, was the executive director of the
4 Foundation; but
5 (b) applies to a person who, immediately before transition
6 day, was acting as the executive director.
7 72. Preservation of employee rights
8 (1) In this section --
9 existing employee means a person to whom section 70(1)
10 or 71(1) applies.
11 (2) Except as otherwise agreed by an existing employee, the
12 operation of section 70(1) or 71(1) does not --
13 (a) affect the employee's pay as defined in the Public
14 Sector Management (Redeployment and Redundancy)
15 Regulations 2014 regulation 3(1); or
16 (b) affect the employee's other conditions of service; or
17 (c) affect the employee's existing or accruing rights in
18 respect of annual leave, long service leave, sick leave or
19 any other leave, which are enforceable against the
20 Foundation or the State; or
21 (d) affect any rights under a superannuation scheme; or
22 (e) interrupt the continuity of the employee's service with
23 the Foundation.
24 73. People engaged to provide assistance
25 The repeal or amendment of an enactment by Part 8 or the
26 enactment of this Act does not operate to affect any contract or
27 arrangement that is in effect under the Tobacco Products
28 Control Act 2006 section 69(2) immediately before transition
29 day.
page 33
Western Australian Health Promotion Foundation Bill 2015
Part 9 Transitional provisions
s. 74
1 74. Western Australian Health Promotion Account
2 (1) On and after transition day, the TPC Act Account must be taken
3 to be the Account as defined in section 3.
4 (2) Money payable to the TPC Act Account before transition day
5 must, on and after transition day, be credited to the Account as
6 defined in section 3.
7 (3) The Account as defined in section 3 is charged with any
8 liabilities of the TPC Act Account which arose before transition
9 day.
10 (4) On and after transition day, any agreement, instrument or other
11 document that contains a reference to the TPC Act Account has
12 effect as if the reference were to the Account as defined in
13 section 3, unless the context otherwise requires.
14 75. Investments
15 (1) The investment of any money that was authorised under the
16 Tobacco Products Control Act 2006 section 72 immediately
17 before transition day continues to be authorised on and after
18 transition day as if that section had not been deleted.
19 (2) Interest from the invested money, and any money that ceases to
20 be invested, must be credited to the Account as defined in
21 section 3.
22 76. Exemption from State tax
23 (1) In this section --
24 State tax includes duty chargeable under the Duties Act 2008
25 and any other tax, duty, fee, levy or charge, under a law of the
26 State.
27 (2) State tax is not payable in relation to --
28 (a) anything that occurs by operation of this Part; or
29 (b) anything done (including a transaction entered into or an
30 instrument or document of any kind made, executed,
page 34
Western Australian Health Promotion Foundation Bill 2015
Transitional provisions Part 9
s. 77
1 lodged or given) under this Part, or to give effect to this
2 Part, or for a purpose connected with or arising out of
3 giving effect to this Part.
4 77. Transitional regulations
5 (1) In this section --
6 publication day, for regulations made under subsection (2),
7 means the day on which those regulations are published in the
8 Gazette;
9 specified means specified or described in regulations made
10 under subsection (2);
11 transitional matter --
12 (a) means a matter or issue of a transitional nature that
13 arises as a result of a repeal or amendment by Part 8 or
14 the enactment of this Act; and
15 (b) includes a saving or application matter.
16 (2) If there is no sufficient provision in this Part for dealing with a
17 transitional matter, the Governor may make regulations
18 prescribing matters --
19 (a) required to be prescribed for the purpose of dealing with
20 the transitional matter; or
21 (b) necessary or convenient to be prescribed for the purpose
22 of dealing with the transitional matter.
23 (3) Regulations made under subsection (2) may provide that
24 specified provisions of this Act --
25 (a) do not apply to or in relation to a specified matter; or
26 (b) apply with specified modifications to or in relation to a
27 specified matter.
28 (4) If regulations made under subsection (2) provide that a specified
29 state of affairs must be taken to have existed, or not to have
30 existed, on and after a day that is earlier than publication day for
page 35
Western Australian Health Promotion Foundation Bill 2015
Part 9 Transitional provisions
s. 77
1 those regulations but not earlier than transition day, the
2 regulations have effect according to their terms.
3 (5) If regulations made under subsection (2) contain a provision
4 referred to in subsection (4), the provision does not operate so
5 as --
6 (a) to affect in a manner prejudicial to a person (other than
7 the State or an authority of the State) the rights of that
8 person existing before publication day for those
9 regulations; or
10 (b) to impose liabilities on a person (other than the State or
11 an authority of the State) in respect of an act done or
12 omission made before publication day for those
13 regulations.
14 (6) Regulations can be made under subsection (2) only within
15 24 months after the day on which this Act receives the Royal
16 Assent.
17
page 36
Western Australian Health Promotion Foundation Bill 2015
Defined terms
Defined terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined term Provision(s)
Account ................................................................................................................. 3
CEO ...................................................................................................................... 3
committee ............................................................................................................. 3
document........................................................................................................ 40(1)
existing employee .......................................................................................... 72(1)
Foundation ............................................................................................................ 3
information .................................................................................................... 40(1)
member ........................................................................................................... 3, 29
misconduct ..................................................................................................... 15(1)
presiding member ................................................................................................. 3
publication day ............................................................................................... 77(1)
racing .................................................................................................................... 3
specified ......................................................................................................... 77(1)
sporting ................................................................................................................. 3
staff member ......................................................................................................... 3
State tax ......................................................................................................... 76(1)
TPC Act Account ................................................................................................ 65
TPC Act Foundation ........................................................................................... 65
transition day ...................................................................................................... 65
transitional matter .......................................................................................... 77(1)
unable to act ........................................................................................................ 10
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