Hairdressers Registration (Amendment and Expiry) Act 2010 (WA)

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Western Australia

Hairdressers Registration (Amendment and

Expiry) Act 2010

Western Australia

Hairdressers Registration (Amendment and

Expiry) Act 2010

CONTENTS

1.

Short title

2

2.

Commencement

2

3.

Act amended

2

4.

Long title amended

2

5.

Section 2 amended

2

6.

Section 5 amended

3

7.

Section 7 amended

4

8.

Sections 8 and 9 deleted

4

9.

Section 10 amended

4

10.

Section 11 amended

5

11.

Section 12 amended

5

12.

Section 14 amended

5

13.

Section 15 deleted

6

14.

Section 16 amended

6

15.

Section 16A amended

6

16.

Section 18 deleted

6

17.

Section 18B deleted

7

18.

Sections 22, 23 and 24 inserted

7

22.

Winding up

7

23.

Final report

7

24.

Act to expire

9

Western Australia

Hairdressers Registration (Amendment and

Expiry) Act 2010

No. 29 of 2010

An Act to amend the Hairdressers Registration Act 1946 and for related purposes.

[Assented to 25 August 2010]

The Parliament of Western Australia enacts as follows:

1.             Short title

This is the Hairdressers Registration (Amendment and Expiry)

Act 2010.

2.             Commencement

This Act comes into operation as follows —

(a)

sections 1 and 2 — on the day on which this Act receives the Royal Assent;

(b)

the rest of the Act — on a day fixed by proclamation.

3.             Act amended

This Act amends the Hairdressers Registration Act 1946.

4.             Long title amended

In the long title delete “to provide for” and insert:

relating to

5.             Section 2 amended

(1)

In section 2 delete the definition of Register.

(2)

In section 2 insert in alphabetical order:

administrator means the person for the time being

appointed to administer the affairs of the Board under

section 5(4);

CEO means the chief executive officer of the

Department;

Department means the Department principally

assisting the Minister in the administration of this Act;

Hairdressers Registration (Amendment and Expiry) Act 2010

s. 6

final report means the report made under

section 23(1)(a);

register means the register under this Act;

winding-up commencement means the coming into

operation of the Hairdressers Registration (Amendment

and Expiry) Act 2010, other than sections 1 and 2.

6.             Section 5 amended

(1)

In section 5(1) delete “Australia) appointed by the Governor and

constituted as hereinafter provided.” and insert:

Australia).

(2)

Delete section 5(3) to (14) and insert:

(3)

On the winding-up commencement, without affecting

the continuity of the legal identity of the Board, the

Board ceases to be constituted by persons appointed by

the Governor.

(4)

The CEO is to appoint a person to administer the

affairs of the Board, and may revoke the appointment

of any person so nominated and appoint another person

instead.

(5)

The administrator, in the name of the Board, is to

perform the functions of the Board.

Hairdressers Registration (Amendment and Expiry) Act 2010

s. 7

7.             Section 7 amended

Delete section 7(1) and insert:

(1A)

After the winding-up commencement —

(a)

the purpose of the Board is to wind up its affairs so that this Act can expire under section 24; and

(b)

the powers and duties conferred on the Board by this Act are limited to those necessary for or conducive to that purpose.

(1)

Subject to this Act the powers and duties of the Board

shall be to do any act or exercise any power or perform

any duty necessary for carrying the provisions of this

Act into effect.

Note:

The heading to amended section 7 is to read:

Powers and duties of the Board

8.             Sections 8 and 9 deleted

Delete sections 8 and 9.

9.             Section 10 amended

In section 10:

(a)

delete “A member of the Board” and insert:

The administrator

(b)

delete “the member” and insert:

the administrator

Note:

The heading to amended section 10 is to read:

Protection of administrator

Hairdressers Registration (Amendment and Expiry) Act 2010

s. 10

10.           Section 11 amended

Before section 11(1) insert:

(1A)

Despite anything in this Act, after the winding-up

commencement the Board is to make no entry in the

register.

11.           Section 12 amended

Before section 12(1) insert:

(1A)

Despite anything in this Act, a person is not entitled to

be registered under this Act after the winding-up

commencement.

12.           Section 14 amended

(1)

Before section 14(1) insert:

(1A)

Despite anything in this Act, no fees become payable

under this section after the winding-up commencement.

(1B)

Despite anything in this Act, any fee paid under

subsection (1) before the winding-up commencement is

to be repaid by the Board as soon as is reasonably

practicable after the winding-up commencement if, at

the time of the winding-up commencement —

(a)

in the case of a fee paid by a candidate for examination, the examination has not been held; or

(b)

in the case of a fee paid by an applicant for registration, the application has not been determined; or

Hairdressers Registration (Amendment and Expiry) Act 2010

s. 13

(c)

in the case of a fee paid by an applicant for a certificate, the certificate has not issued.

(2)

In section 14(5) delete “effect.” and insert:

effect, including the remuneration and expenses of the

administrator.

13.           Section 15 deleted

Delete section 15.

14.           Section 16 amended

Before section 16(1) insert:

(1AAA) Despite anything in this Act, after the winding-up

commencement the Board is not to make an allegation

under subsection (1a).

15.           Section 16A amended

Before section 16A(1) insert:

(1A)

Despite anything in this Act, after the winding-up commencement a person cannot apply to the State Administrative Tribunal for a review of a decision of

the Board.

16.           Section 18 deleted

Delete section 18.

Hairdressers Registration (Amendment and Expiry) Act 2010

s. 17

17.           Section 18B deleted

Delete section 18B.

18.           Sections 22, 23 and 24 inserted

After section 21 insert:

22.           Winding up

As soon as reasonably practicable after the winding-up commencement, the Board is to wind up its affairs and in particular, but without limiting what may be done to wind up its affairs, the Board is to —

(a)

bring to a conclusion any proceedings to which it is a party; and

(b)

apply its assets, together with any money in hand, in —

(i)      discharging its liabilities, including its liabilities under section 14(1B); and

(ii)

after the discharge of liabilities

transferring any assets which remain administered in the Department, or realising residual assets and causing the proceeds, together with any moneys in hand, to be credited to the Consolidated Account.

23.           Final report

(1)

As soon as reasonably practical after the Board is

satisfied that the winding up of its affairs is concluded,

it is to —

(a)

make and submit to the Minister a report of its proceedings for the period beginning on the day after the last day of the period for which it has

Hairdressers Registration (Amendment and Expiry) Act 2010

s. 18

last made a report under section 14C, and

ending on the day on which the winding up of

its affairs is concluded (the final period); and

(b)

deliver to the CEO all records and information in its possession or under its control.

(2)

The final report —

(a)

is to include the details specified in section 14C(1a); and

(b)

is to be accompanied by —

(i)      financial statements in respect of the final period prepared in compliance with section 14A; and

(ii)

an auditor’s report on the financial section 14B.

(3)

The Minister must cause copies of the final report

submitted under subsection (1), and of the

accompanying financial statements and auditor’s

report, to be laid before each House of Parliament, or

dealt with under subsection (4), within 14 days after

the Minister receives them.

(4) If —

(a)

at the commencement of the period referred to in subsection (3) a House of Parliament is not sitting; and

(b)

the Minister is of the opinion that the House will not sit during that period,

the Minister must transmit copies of the final report,

financial statements and auditor’s report to the Clerk of

the House.

Hairdressers Registration (Amendment and Expiry) Act 2010

s. 18

(5)

A copy of a report or statement transmitted to the Clerk

of a House under subsection (4) is to be regarded as

having been laid before that House.

(6)

The laying of a copy of a report or statement that is to be regarded as having occurred under subsection (5) is to be recorded in the Minutes, or Votes and

Proceedings, of the House on the first sitting day of the

House after the Clerk receives the copy.

24.           Act to expire

(1)

When the Minister is satisfied that —

(a)

the Board has wound up its affairs; and

(b)

there is no reason for this Act to continue,

the Minister is to publish a notice in the Gazette stating

that the Minister is satisfied as to those matters, and

that the Act expires at the end of the day on which the

notice is published.

(2)

This Act expires as stated in a notice published under

subsection (1).

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