Acts Amendment and Repeal (Statutory Bodies) Act 1985 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT AND

REPEAL

(STATUTORY BODIES).

No. 57 of 1985.

AN ACT to dissolve various statutory bodies and for that purpose to amend the Fisheries Act 1905, the Health Act 1911 and the Industrial Develop- ment (Resumption of Land) Act 1945, and to repeal the Closer Settlement Act 1927, the Distressed Persons Relief Trust Act 1973, the Health Education Council Act 1958, the Industries Assistance Act 1915, the Industrial Development (Kvvinana Area) Act 1952 and the State Hotels (Disposal) Act 1959 and for con- nected purposes.

[Assented to 28 October 1985.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the Acts Amendment Short tit/e.

and Repeal (Statutory Bodies) Act 1985.

No. 57.] Acts Amendment and Repeal [1985.

(Statutory Bodies).

PART I.-FISHERIES ACT 1905.

Citation .

Reprd as int e 2. In this Part the Fisheries Act 1905 is referred

approved

and

15 March 1976 to as the principal Act.

amended by Acts Nos. 60 of 1979,

73 of 1981, 70 of 1982 and 112 of 1984.

Section 3

amended. 3. Section 3 of the principal Act is amended in

subsection (1) by deleting the definition of "the

General Committee".

Section 5C

repealed.	4.	Section 5C of the principal Act is repealed.
Section 5D
amended.	5.	Section 5D of the principal Act is amended

(a)	in subsection (1), by deleting "and to the General Committee";
(b)	in subsection (la), (lb) and (2), by delet- ing "a Committee" wherever it occurs and substituting the following-

" the Committee ";

(c) in subsection (3)-

(i)  by deleting "Each Committee" and substituting the following-

" The Committee "; and

(ii)    by deleting "a Committee" and sub- stituting the following-

" the Committee ";

(d) in subsections (4) and (4a), by deleting "a Committee" in both places where it occurs and substituting the following-

" the Committee "; and

1985.] Acts Amendment and Repeal [No. 57.

(Statutory Bodies).

(e) in subsection (5)-

(i)    by deleting "a Committee" and sub- stituting the following-

" the Committee "; and

(ii)   in paragraph (c), by deleting "in respect of the Rock Lobster Com- mittee and three members form a quorum in respect of the General Committee".

6. Section 5E of the principal Act is amended— cet inodne

(a)	in subsection (1), by deleting "and of the General Committee";
(b)	in subsection (2), by deleting "either" and substituting the following-

" the "; and

(c) in subsection (3)-

(i)

by deleting "either" and substituting

the following-

" the "; and

(ii)   by deleting "of which he is or has been a member or acting member".

Section SF

7. Section 5F of the principal Act is amended by deleting "and the General Committee are not, except in relation to any matter in which either of those committees" and substituting the following- amended.

" is not, except in relation to any matter in which the Committee ".

No. 57.] Acts Amendment and Repeal [1985.

(Statutory Bodies).

Section 5G

repealed and 8.

Section 5G of the principal Act is repealed and the following section is substituted-

substituted.

Appointment

of Secretary	5G. For the purposes of enabling the Rock Lobster Committee to carry out its functions, powers and duties under this Act, the Min- ister may, with the concurrence of the Public Service Board, appoint from time to time an officer of the Public Service of the State to be the Secretary of the Committee. ".
to Com-
mittee.
Transitional.

9.

Notwithstanding section 8 of this Act, the person who was, immediately before the coming into operation of this Act, the Secretary of the Rock Lobster Industry Advisory Committee constituted by section 5B of the principal Act shall be deemed to have been appointed the Secretary of the Com- mittee under section 5G of the principal Act as substituted by section 8 of this Act.

PART II.-HEALTH ACT 1911.

Citation.

Reprinted as	10.	In this Part, the Health Act 1911 is referred
approved

14 May 1951

to as the principal Act.

and

amended by

Acts Nos. 63

of 1981,

30 and 116

of 1982 and

28 of 1984.

Section 3

amended. 11.

Section 3 of the principal Act is amended in subsection (1) in the definition of "Local Authority" by deleting ", or a local board of health appointed under section twenty of this Act,".

Scalene 20,

21, 23, 24, 43	12.	Sections 20, 21, 23, 24, 43 and 50 of the
and 50

repealed.	principal Act are repealed.
PART M.-INDUSTRIAL DEVELOPMENT (RESUMPTION

OF LAND) ACT 1945.

Citation.

Reprinted as	13. In this Part, the Industrial Development
approved
1961 and

10 August

(Resumption of Land) Act 1945 is referred to as the

amended by

principal Act.

Act No. 63

of 1981.

1985.] Acts Amendment and Repeal [No. 57.

(Statutory Bodies).

Section 3

14. Section 3 of the principal Act is amended by

deleting the definitions of "Committee" and

"Minister".

amended.

15.   Sections 4 to 10 of the principal Act are T:teig'aietto

repealed.

16.    Section 11 of the principal Act is amended =1/Ted!

by repealing subsections (lb), (2) and (3).

17.    Sections 12, 14B, 15 and 16 of the principal

Act are repealed. 16 repealed

PART IV.-CLOSER SETTLEMENT ACT 1927.

Reprinted as

approved

5 April 1971.

PART V.-DISTRESSED PERSONS RELIEF

TRUST ACT 1973.

19. The Distressed Persons Relief Trust Act 1973 Repeal. Act No. 5 of

is repealed.

1973 asamended by

Act No. 36

of 1974.

Vesting of

20. (1) In this section property, etc.

"Minister" means the Minister of the Crown in whom the administration of the Community Services Act 1972 is for the time being committed by the Governor; and

"Trust" means the body corporate constituted under the Distressed Persons Relief Trust Act 1973.

(2) All property that immediately before the

coming into operation of this Act was vested in the Trust is vested, without transfer or conveyance, in the Minister.

No. 57.] Acts Amendment and Repeal [1985.

(Statutory Bodies).

(3) In relation to any property vested in the Minister under subsection (2), the Minister has and is subject to all the rights, powers, remedies, liabilities, and obligations and may exercise and discharge in relation to that property all or any of the rights, powers and remedies which the Trust would have had and been subject to and might have exercised or discharged in relation to that property if the property had not been divested from the Trust and vested in the Minister.

PART VI-HEALTH EDUCATION COUNCIL ACT 1958.

Repeal.

Reprinted as	21.	The Health Education Council Act 1958 is
approved

2 May 1980.	repealed.
Application

of funds	22. (1) In this section
existing
under

repealed Act.	"Health Education Trust Fund" means the fund established and kept under section 11 of the Health Education Council Act 1958; and
"Minister" means the Minister of the Crown in whom the administration of the Health Act 1911 is for the time being committed by the Governor.

(2) Subject to subsection (3), moneys standing to the credit of the Health Education Trust Fund immediately before the coming into operation of this Act shall be applied by the Minister on health education services in the State.

Upon the coming into operation of this Act, any money that immediately before then formed part of the Health Education Trust Fund and was held in that Fund subject to any trust, stipulation or condition requiring it to be applied for a particular purpose shall, by virtue of this subsection, be held by the Minister subject to that trust, stipulation or condition.

(3)

1985.] Acts Amendment and Repeal [No. 57.

(Statutory Bodies).

PART VII.-INDUSTRIES ASSISTANCE ACT 1915.

23. The Industries Assistance Act 1915 is R eprinted as

approved

repealed.

25 January

1963.

PART VIII.-INDUSTRIAL DEVELOPMENT

(KWINANA AREA) ACT 1952.

Repeal.

24. The Industrial Development (Kwinana Area) Reprinted as approved

Act 1952 is repealed.

10 August 1961 and amended by

Act No. 63

of 1981.

25.    Section 7B of the Industrial Lands Develop- =lei

ment Authority Act 1966 is amended by inserting riniadunsiterliatt La n dsopment

after subsection (2) the following subsection—	Authority	Devel
Act 1966.

cc (2a) Land to which section 10 of the

Industrial Development (Kwinana Area) Act 1952 applied immediately before the repeal of that Act shall be taken, subject to any necessary modifications, to be land to which subsection (1) applies. ".

PART IX.-STATE HOTELS (DISPOSAL) ACT 1959.

26. The State Hotels (Disposal) Act 1959 is Repeal' Act No. 42

repealed. of 1959.