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


WESTERN AUSTRALIAN MEAT INDUSTRY AUTHORITY AMENDMENT BILL 1998

                               Western Australia



                          LEGISLATIVE ASSEMBLY




           Western Australian Meat Industry
            Authority Amendment Bill 1998
                                   A Bill for


    An Act to amend the Western Australian Meat Industry Authority
    Act 1976 and the Statutory Corporations (Liability of Directors)
    Act 1996.



    The Parliament of Western Australia enacts as follows:

5   1.      Short title
            This Act may be cited as the Western Australian Meat Industry
            Authority Amendment Act 1998.




                                                                    page 1

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     Western Australian Meat Industry Authority Amendment Bill 1998


     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 Western Australian Meat
                     Industry Authority Act 1976*[unless otherwise indicated].
                     [* Act No. 75 of 1976.
                        For subsequent amendments see 1997 Index to Legislation of
                        Western Australia, Table 1, p. 252 and Act No. 10 of 1998.]

10   4.              Section 7 amended
          (1)        After section 7(1) the following subsections are inserted --
                "
                    (1a)   The Authority is a body corporate with perpetual
                           succession.
15                  (1b)   Proceedings may be taken by or against the Authority
                           in its corporate name.
                                                                                     ".
          (2)        After section 7(3) the following subsection is inserted --
                "
20                   (4)   Subsection (3) has effect subject to the Statutory
                           Corporations (Liability of Directors) Act 1996.
                                                                                     ".

     5.              Section 14 amended
                     Section 14 is amended --
25                     (a) by inserting after the section designation "14." the
                            subsection designation "(1)"; and


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                    Western Australian Meat Industry Authority Amendment Bill 1998


                                                                                      s. 6



                      (b)        by inserting the following subsection --
                "
                    (2)         Subsection (1) has effect subject to the Statutory
                                Corporations (Liability of Directors) Act 1996.
 5                                                                                       ".

     6.             Heading inserted
                    After section 15 the following heading is inserted --
     "
                                 Part IIA -- Financial provisions
10                                                                                       ".

     7.             Section 15B amended
          (1)       Section 15B(2) is amended --
                      (a)        by deleting "and" after paragraph (a); and
                      (b)        by inserting after paragraph (a) the following
15                               paragraph --
                            "
                                (aa)   moneys borrowed by the Authority under
                                       section 15C or 15D; and
                                                                                         ".
20        (2)       Section 15B(3) is amended by inserting after paragraph (a) the
                    following paragraph --
                            "
                                (aa)   for the payment of interest on, fees payable in
                                       respect of and repayments of moneys borrowed
25                                     by the Authority under section 15C or 15D;
                                                                                         ".




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     Western Australian Meat Industry Authority Amendment Bill 1998


     s. 8



     8.       Sections 15C, 15D, 15E and 15F inserted
              After section 15B the following sections are inserted --
     "
            15C.    Borrowing from Treasurer
 5                  The Authority may borrow from the Treasurer such
                    amounts as the Treasurer approves on such terms and
                    conditions relating to repayment and payment of
                    interest as the Treasurer imposes.

            15D.    Other borrowing
10            (1)   In addition to its powers under section 15C, the
                    Authority may with the prior written approval of the
                    Treasurer and on such terms and conditions as the
                    Treasurer approves, borrow moneys for the purpose of
                    performing its functions.
15            (2)   Any moneys borrowed by the Authority under
                    subsection (1) may be raised --
                      (a) as one loan or as several loans; and
                      (b) in such manner as the Treasurer approves.
              (3)   The total amount of the moneys so borrowed in any
20                  one financial year is not to exceed such amount as the
                    Treasurer approves.

            15E.    Guarantee by Treasurer
              (1)   The Treasurer may, in the name and on behalf of the
                    Crown in right of the State, guarantee the payment of
25                  any moneys payable by the Authority in respect of
                    moneys borrowed by it under section 15D.
              (2)   A guarantee is to be in such form and contain such
                    terms and conditions as the Treasurer determines.

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             Western Australian Meat Industry Authority Amendment Bill 1998


                                                                           s. 9



             (3)   Before a guarantee is given the Authority is to --
                    (a) give to the Treasurer such security as the
                          Treasurer requires; and
                    (b) execute all instruments that are necessary for
 5                        the purpose.

           15F.    Effect of guarantee
             (1)   The due payment of moneys payable by the Treasurer
                   under a guarantee given under section 15E is to be --
                     (a) made by the Treasurer; and
10                   (b) charged to, and paid out of, the Consolidated
                          Fund,
                   and this subsection appropriates that Fund accordingly.
             (2)   The Treasurer is to cause to be credited to the
                   Consolidated Fund any amounts received or recovered
15                 from the Authority or otherwise in respect of any
                   payment made by the Treasurer under a guarantee
                   given under section 15E.
                                                                             ".

     9.      Section 16 amended
20           Section 16(2) is repealed.

     10.     Sections 16A, 16B and 16C inserted
             After section 16 the following sections are inserted --
     "
           16A.    Powers
25           (1)   The Authority has power to do all things necessary or
                   convenient to be done for or in connection with the
                   performance of its functions.

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     Western Australian Meat Industry Authority Amendment Bill 1998


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              (2)   Without limiting subsection (1) or the other powers
                    conferred on the Authority by this Act, the Authority
                    may --
                      (a) acquire, hold, manage, improve, develop and
 5                         dispose of real and personal property;
                      (b) enter into any contract or arrangement;
                      (c) with the approval of the Minister, and subject to
                           subsection (3) --
                              (i) participate in any business arrangement;
10                                 and
                             (ii) acquire, hold and dispose of units or
                                   other interests in, or relating to, any
                                   business arrangement;
                           and
15                    (d) appoint agents or engage persons under
                           contracts for services to provide professional,
                           technical or other assistance to the Authority.
              (3)   The Authority shall not exercise its powers under
                    subsection (2)(c) except for the purpose of, or in
20                  relation to, the performance of its functions under
                    section 16(1)(d) or (e).
              (4)   In exercising any power under this section the
                    Authority may act in conjunction with --
                      (a) any person or firm, or a public authority; or
25                    (b) any department of the Public Service or any
                            agency of the State or the Commonwealth.
              (5)   In this section --
                    "acquire" includes taking on lease or licence or in any
                        other manner in which an interest in property may
30                      be acquired;

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       Western Australian Meat Industry Authority Amendment Bill 1998


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             "business arrangement" means a partnership, a trust,
                 a joint venture or an arrangement for sharing
                 profits;
             "dispose of " includes dispose of by way of lease;
 5           "participate" includes form, promote, establish, enter
                 into, manage, dissolve, wind up and do anything
                 incidental to participating in a business
                 arrangement.

     16B.    Authority to apportion expenditure, liabilities and
10           benefits
       (1)   In this section --
             "expenditure" includes the costs of administration,
                  provision for reserves, depreciation and the
                  repayment of loans.
15     (2)   The Authority shall, in such manner as it considers
             appropriate, apportion between --
               (a) its operations relating to its functions under
                    section 16(1)(d); and
               (b) its operations relating to its other functions,
20           any expenditure or liability incurred or moneys or other
             benefit received in respect of a transaction which does
             not relate exclusively to operations of a particular kind.
       (3)   If any asset which is derived solely from the operations
             referred to in a paragraph of subsection (2) is employed
25           wholly or partly for the benefit of the operations
             referred to in the other paragraph of that subsection, the
             Authority shall make an appropriate charge for the
             asset for the credit of the operations from which the
             asset is derived.


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     Western Australian Meat Industry Authority Amendment Bill 1998


     s. 11



               (4)   Nothing in this section shall be construed as precluding
                     the Authority from employing any moneys or other
                     asset, however derived, for the general purposes of the
                     Authority or for a purpose that relates exclusively to its
 5                   operations of a particular kind.

             16C.    Delegation
               (1)   The Authority may, by instrument in writing, delegate
                     the performance of any of its functions under
                     section 16(1)(d).
10             (2)   A delegation under subsection (1) may be made --
                      (a)    to a member or members of the Authority;
                      (b)    to an officer or employee of the Authority; or
                      (c)    with the approval of the Minister, to any other
                             person.
15             (3)   A function performed by a delegate is to be taken to be
                     performed by the Authority.
               (4)   Nothing in this section is to be read as limiting the
                     ability of the Authority to act through its officers and
                     agents in the normal course of business.
20                                                                                ".

     11.       Section 25A inserted
               After section 25 the following section is inserted --
     "
             25A.    Execution of documents by Authority
25             (1)   The Authority is to have a common seal.




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     Western Australian Meat Industry Authority Amendment Bill 1998


                                                                 s. 11



     (2)   A document is duly executed by the Authority if --
            (a) the common seal of the Authority is affixed to
                 it in accordance with subsections (3) and (4); or
            (b) it is signed on behalf of the Authority by a
 5               person or persons authorized to do so under
                 subsection (5).
     (3)   The common seal of the Authority is not to be affixed
           to any document except as authorized by the Authority.
     (4)   The common seal of the Authority is to be affixed to a
10         document in the presence of 2 members of the
           Authority, and each of them is to sign the document to
           attest that the common seal was so affixed.
     (5)   The Authority may, by writing under its seal, authorize
           a member or members of the Authority or a member or
15         members of staff to sign documents on behalf of the
           Authority, either generally or subject to such
           conditions or restrictions as are specified in the
           authorization.
     (6)   A document purporting to be executed in accordance
20         with this section is to be presumed to be duly executed
           until the contrary is shown.
     (7)   When a document is produced bearing a seal
           purporting to be the common seal of the Authority, it is
           to be presumed that the seal is the common seal of the
25         Authority until the contrary is shown.
                                                                      ".




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     Western Australian Meat Industry Authority Amendment Bill 1998


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     12.         Consequential amendment to Statutory Corporations
                 (Liability of Directors) Act 1996
                 Schedule 1 to the Statutory Corporations (Liability of
                 Directors) Act 1996* is amended by inserting in the appropriate
 5               alphabetical position the following --
             "
                    Western               a member of      Western Australian
                    Australian Meat       the Authority    Meat Industry
                    Industry Authority                     Authority Act 1976
                                                                                ".
                 [* Act No. 41 of 1996.
                    For subsequent amendments see Acts No. 4 and 30 of 1998.]
10




 


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