Machinery of Government (Miscellaneous Amendments) Act 2006 (WA)

Western Australia

Machinery of Government (Miscellaneous

Amendments) Act 2006

Western Australia

Machinery of Government (Miscellaneous

Amendments) Act 2006

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
3.	Interpretation	2
4.	Regulations — power to amend certain statutory
rules	2
5.	Regulations — general	2
Part 2 — Agriculture and Forestry
Division 1 — *Agricultural Produce Commission*

Act 1988

6.	The Act amended	4
7.	Section 7 amended	4
Division 2 — *Agriculture and Related Resources*

Protection Act 1976

8.	The Act amended	4
9.	Section 65 amended	4
10.	Section 94 amended	5
Division 3 — *Cattle Industry Compensation*

Act 1965

11.	The Act amended	5
12.	Section 21 amended	5
Division 4 — *Forest Products Act 2000*
13.	The Act amended	5

Machinery of Government (Miscellaneous Amendments) Act 2006

Contents

14.	Section 3 amended	6
15.	Section 6 amended	6
16.	Section 10 amended	6
17.	Section 42 amended	7
18.	Section 57 amended	7
19.	Section 59 amended	7
20.	Various references to Executive Director changed
to CALM Act CEO	7
Division 5 — *Marketing of Potatoes Act 1946*
21.	The Act amended	8
22.	Section 22B amended	8
Division 6 — *Plant Pests and Diseases*

(Eradication Funds) Act 1974

23.	The Act amended	8
24.	Sections 5 and 8A amended	9
Division 7 — *Soil and Land Conservation*

Act 1945

25.	The Act amended	9
26.	Section 4 amended	9
27.	Section 25C amended	9
Division 8 — *Tree Plantation Agreements*

Act 2003

28.	The Act amended	9
29.	Section 4 amended	10
Part 3 — Attorney General, and

Justice

Division 1 — Bail Act 1982

30.	The Act amended	11
31.	Section 3 amended	11
32.	Section 66A amended	12
33.	Various references to CEO (Justice) changed to
CEO	12
Division 2 — *Evidence Act 1906*
34.	The Act amended	12
35.	Section 61 amended	13
36.	Section 106A amended	13
37.	The Fifth Schedule amended	13

Machinery of Government (Miscellaneous Amendments) Act 2006

Contents

Division 3 — Juries Act 1957

38.	The Act amended	14
39.	Second Schedule amended	14
Division 4 — *Professional Standards Act 1997*
40.	The Act amended	15
41.	Section 16 amended	15
Division 5 — *Spent Convictions Act 1988*
42.	The Act amended	15
43.	Schedule 3 amended	15
Division 6 — *Statutory Corporations (Liability of*

Directors) Act 1996

44.	The Act amended	16
45.	Schedule 1 amended	16
Division 7 — *Suitors’ Fund Act 1964*
46.	The Act amended	16
47.	Section 4 amended	16
Part 4 — Consumer and Employment

Protection

Division 1 — Associations Incorporation

Act 1987

48.	The Act amended	18
49.	Section 3 amended	18
50.	Sections 39A to 39E inserted	19

39A.	Commissioner	19
39B.	Delegation by Commissioner	19
39C.	Information officially obtained to be
confidential	20
39D.	Protection from liability for wrongdoing	20
39E.	Judicial notice	21

Division 2 — Builders’ Registration Act 1939

51.	The Act amended	21
52.	Section 4A amended	21
53.	Section 37 amended	22
Division 3 — *Business Names Act 1962*
54.	The Act amended	22
55.	Section 4 amended	22
56.	Section 4AA inserted	23

4AA.

Commissioner

Machinery of Government (Miscellaneous Amendments) Act 2006

Contents

57.

Sections 31A to 31D inserted

31A.	Delegation by Commissioner	23
31B.	Information officially obtained to be
confidential	24
31C.	Protection from liability for wrongdoing	25
31D.	Application of certain provisions of the
Consumer Affairs Act 1971	25

Division 4 — Chattel Securities Act 1987

58.	The Act amended	25
59.	Section 3 amended	26
60.	Section 3A inserted	26

3A.

Commissioner

61.	Heading to Part IV inserted	27
Part IV — Miscellaneous
62.	Sections 30A to 30D inserted	27

30A.	Delegation by Commissioner	27
30B.	Information officially obtained to be
confidential	27
30C.	Protection from liability for wrongdoing	28
30D.	Application of certain provisions of the
Consumer Affairs Act 1971	29

Division 5 — Companies (Co-operative) Act 1943

63.	The Act amended	29
64.	Section 3 amended	29
65.	Division 1A inserted	30
Division 1A — Administration

3A.	Registrar	30
3B.	Delegation by Registrar	30
3C.	Information officially obtained to be
confidential	31
3D.	Protection from liability for wrongdoing	32
3E.	Judicial notice	32

66. Section 391 repealed and consequential

amendments

Division 6 — Competition Policy Reform

(Western Australia) Act 1996

67.	The Act amended	32
68.	Section 45 amended	33
69.	Division 5 inserted	33
Division 5 — Commissioner

58.	Commissioner	33
59.	Delegation by Commissioner	33

Machinery of Government (Miscellaneous Amendments) Act 2006

Contents

60. Information officially obtained to be

confidential

61.

Protection from liability for wrongdoing

62.

Judicial notice

Division 7 — Consumer Affairs Act 1971

70.	The Act amended	35
71.	Long title amended	36
72.	Section 4 amended	36
73.	Section 5 amended	36
74.	Heading to Part III replaced	36
Part III — Administrative provisions
75.	Sections 15 to 17 replaced	36

15.	Commissioner	37
16.	Functions of the Commissioner	37
17.	Power of Commissioner to publish
warnings about unsatisfactory or
dangerous goods and services etc.	39

76.

Section 23 replaced

23.

Delegation by Commissioner

77.

Section 24 replaced

24. Information officially obtained to be

confidential

78.	Section 25 amended	42
Division 8 — *Co-operative and Provident*

Societies Act 1903

79.	The Act amended	42
80.	Section 2 amended	43
81.	Sections 67 to 71 inserted	43

67.	Registrar	43
68.	Delegation by Registrar	44
69.	Information officially obtained to be
confidential	44
70.	Protection from liability for wrongdoing	45
71.	Judicial notice	45

Division 9 — Credit Act 1984

82.	The Act amended	46
83.	Section 5 amended	46
Division 10 — *Credit (Administration) Act 1984*
84.	The Act amended	46
85.	Section 4 amended	47
86.	Section 10 amended	47
87.	Section 53 replaced	47

Machinery of Government (Miscellaneous Amendments) Act 2006

Contents

53.	Commissioner	47
53A.	Delegation by Commissioner	48
53B.	Judicial notice	49

88.	Section 54 amended	49
89.	Section 56 amended	49
90.	Section 56A inserted	51

56A.

Protection from liability for wrongdoing

Division 11 — Employment Agents Act 1976

91.	The Act amended	52
92.	Section 4 amended	52
93.	Section 9A inserted	53

9A.

Commissioner

94.

Section 48 replaced

48. Information officially obtained to be

confidential

48A.

Delegation by Commissioner

95.

Section 49A inserted

49A.

Judicial notice

Division 12 — Fair Trading Act 1987

96.	The Act amended	55
97.	Section 5 amended	55
98.	Section 73 amended	56
99.	Section 75 amended	56
Division 13 — *Hire-Purchase Act 1959*
100.	The Act amended	56
101.	Section 2 amended	56
102.	Section 23W replaced	57

23A.	Commissioner	57
23B.	Delegation by Commissioner	57

103.

Section 36C replaced

36C.

Application of certain provisions of the

Consumer Affairs Act 1971

Division 14 — Limited Partnerships Act 1909

104.	The Act amended	58
105.	Section 15 replaced	59

15.

Registrar of limited partnerships

Division 15 — Motor Vehicle Dealers Act 1973

106.	The Act amended	59
107.	Section 5 amended	60
108.	Section 5AA inserted	60

5AA.

Commissioner

109.

Section 6 amended

Machinery of Government (Miscellaneous Amendments) Act 2006

Contents

Division 16 — Motor Vehicle Repairers Act 2003

110.	The Act amended	61
111.	Section 3 amended	62
112.	Section 7 replaced	62

Commissioner’s powers

Division 17 — Petroleum Products Pricing

Act 1983

113.	The Act amended	62
114.	Section 3 amended	63
115.	Section 5 replaced	63

Commissioner

116.	Section 7 amended	64
117.	Section 23 amended	64
118.	Section 24 amended	65
119.	Section 26 amended	65
120.	Section 27A amended	65
121.	Section 27B amended	65
122.	Section 28 amended	66
123.	Section 29 amended	66
124.	Section 31 amended	66
125.	Section 31H amended	66
126.	Sections 32A to 32C inserted	67

32A.	Delegation by Commissioner	67
32B.	Protection from liability for wrongdoing	67
32C.	Judicial notice	68

127.	Section 33 amended	68
Division 18 — *Petroleum Retailers Rights and Liabilities Act 1982*
128.	The Act amended	69
129.	Section 3 amended	69
Division 19 — *Real Estate and Business Agents*

Act 1978

130.	The Act amended	70
131.	Sections 131H and 131K amended	70
Division 20 — *Residential Tenancies Act 1987*
132.	The Act amended	70
133.	Section 3 amended	70
134.	Section 7A inserted	71

7A.

Commissioner

135.

Section 8 amended

Machinery of Government (Miscellaneous Amendments) Act 2006

Contents

136.

Sections 11A and 11B inserted

11A.

Information officially obtained to be

confidential

11B.

Application of certain provisions of the

Consumer Affairs Act 1971

137.	Schedule 1 amended	73
Division 21 — *Retirement Villages Act 1992*
138.	The Act amended	73
139.	Section 3 amended	73
140.	Section 7A inserted	74

7A.

Commissioner

141.	Section 8 amended	74
142.	Sections 11A and 11B inserted	75

11A.

Information officially obtained to be

confidential

11B.

Application of certain provisions of the

Consumer Affairs Act 1971

143.	Sections 57 and 58 amended	76
144.	Section 78 repealed	76
Division 22 — *Travel Agents Act 1985*
145.	The Act amended	76
146.	Section 3 amended	77
147.	Section 49A inserted	77

49A.

Commissioner

148.	Section 50 amended	78
149.	Section 50A inserted	78

50A.

Protection from liability for wrongdoing

150.	Section 52 amended	78
Division 23 — Transitional provisions
151.	Commissioner for Fair Trading	79
152.	Commissioner for Corporate Affairs and Registrar
of Co-operative and Financial Institutions	82
153.	Consumer Affairs Act 1971	82
154.	Petroleum Products Pricing Act 1983	82
155.	Interpretation	82
Part 5 — Disability Services, and

Sport and Recreation

Division 1 — Disability Services Act 1993

156.	The Act amended	84
157.	Section 15 amended	84

Machinery of Government (Miscellaneous Amendments) Act 2006

Contents

158.	Section 30 amended	84
Division 2 — *Professional Combat Sports*

Act 1987

159.	The Act amended	84
160.	Section 12 amended	85
Division 3 — *Western Australian Sports Centre*

Trust Act 1986

161.	The Act amended	85
162.	Section 15 amended	85
Part 6 — Energy
Division 1 — *Electricity Act 1945*
163.	The Act amended	86
164.	Section 5 amended	86
165.	Section 32 amended	87
Division 2 — *Energy Coordination Act 1994*
166.	The Act amended	87
167.	Section 3 amended	87
168.	Part 1A inserted	89
Part 1A — Coordinator of Energy

4.	Coordinator of Energy	89
4A.	Coordinator’s functions	89
4B.	Staff for the Coordinator	90
4C.	Delegation by the Coordinator	90
4D.	Minister may give directions to the
Coordinator	91
4E.	Minister to have access to information
from Coordinator	91

169.	Heading to Part 2 amended	92
170.	Sections 4 and 6 repealed	92
171.	Section 8 amended	93
172.	Section 9 amended	93
173.	Section 10 amended	93
174.	Section 11 amended	93
175.	Section 11ZK amended	93
176.	Section 12 amended	93
177.	Section 13 amended	94
178.	Section 19 amended	94
179.	Heading to Part 4 replaced and heading to
Division 1 inserted	94

Machinery of Government (Miscellaneous Amendments) Act 2006

Contents

Part 4 — Information

Division 1 — Obtaining information — Coordinator

180.	Heading to Division 2 inserted	94
Division 2 — Confidentiality — Coordinator

and Director

181. Various references to Coordinator in Schedule 3

changed to Minister

Part 7 — Environment

Division 1 — Conservation and Land

Management Act 1984

182.	The Act amended	96
183.	Section 3 amended	96
184.	Section 15 amended	97
185.	Section 16A amended	97
186.	Section 17 amended	97
187.	Section 17A amended	97
188.	Section 22 amended	97
189.	Section 23 amended	98
190.	Section 26D amended	98
191.	Headings to Part IV and Division 1 replaced	98
Part IV — Administration Division 1 — Functions and powers
192.	Section 32 repealed	99
193.	Section 33 amended	99
194.	Section 34 repealed	99
195.	Section 34A amended	99
196.	Section 34B amended	100
197.	Part IV Division 2 replaced	100
Division 2 — The Conservation and Land

Management Executive Body

36. The Conservation and Land Management

Executive Body

100

37.

Purpose and nature of the Executive Body

100

38. Execution of documents by the Executive

Body

101

198.	Section 42 repealed	102
199.	Section 49 amended	102
200.	Section 50 amended	102
201.	Section 64 amended	103

Machinery of Government (Miscellaneous Amendments) Act 2006

Contents

202.	Section 65 amended	103
203.	Section 71 amended	103
204.	Section 72 amended	103
205.	Section 75 amended	103
206.	Section 133 amended	103
207.	Section 142 amended	104
208.	Various references to Department changed to CEO	104
209.	Various references to Executive Director changed
to CEO	104
Division 2 — *Environmental Protection Act 1986*
210.	The Act amended	106
211.	Section 110H amended	106
Division 3 — *Litter Act 1979*
212.	The Act amended	106
213.	Section 9 amended	107
214.	Sections 15 and 16 amended	107
215.	Section 26 amended	107
216.	Third Schedule amended	108
Division 4 — *Sandalwood Act 1929*
217.	The Act amended	109
218.	Section 3 amended	109
Division 5 — *Wildlife Conservation Act 1950*
219.	The Act amended	109
220.	Section 6 amended	109
221.	Various references to Executive Director changed
to CEO	110
Division 6 — *Zoological Parks Authority*

Act 2001

222.	The Act amended	110
223.	Section 33 amended	110
Division 7 — Transitional provisions
224.	Conservation and Land Management Act 1984	111
Part 8 — Fisheries
Division 1 — *Fisheries Adjustment Schemes*

Act 1987

225.	The Act amended	113
226.	Section 5 amended	113

Machinery of Government (Miscellaneous Amendments) Act 2006

Contents

227.	Section 10 amended	113
228.	Various references to Executive Director changed
to CEO	113
Division 2 — *Fishing and Related Industries Compensation (Marine Reserves) Act 1997*
229.	The Act amended	114
230.	Section 5 amended	114
Division 3 — *Fish Resources Management*

Act 1994

231.	The Act amended	114
232.	Section 4 amended	115
233.	Section 10 repealed	115
234.	Section 238 amended	115
235.	Sections 239, 241 and 242 amended	115
236.	Various references to Executive Director changed
to CEO	115
Division 4 — *Pearling Act 1990*
237.	The Act amended	117
238.	Section 3 amended	117
239.	Section 35 amended	118
240.	Section 62A inserted	118

62A.

Delegation by CEO

118

241. Various references to Executive Director changed

to CEO

119

Division 5 — Transitional provisions

242.

References to the Executive Director

119

Part 9 — Health

Division 1 — Dental Prosthetists Act 1985

243.

The Act amended

121

244.

Section 3 amended

121

245.

Section 5 amended

121

246.

Sections 19A and 30A amended

122

247. Various references to Commissioner changed to

CEO

122

Division 2 — Health Act 1911

248.

The Act amended

122

249.

Section 3 amended

123

250.

Heading to Part II Division 1 amended

123

Machinery of Government (Miscellaneous Amendments) Act 2006

Contents

251. Various references to Commissioner changed to

CEO

123

Division 3 — Health Legislation Administration

Act 1984

252.	The Act amended	124
253.	Section 3 amended	124
254.	Section 6 amended	124
255.	Section 9 amended	124
Division 4 — *Health Services (Conciliation and*

Review) Act 1995

256.	The Act amended	125
257.	Section 3 amended	125
258.	Section 13 amended	126
259.	Section 25 amended	126
Division 5 — *Hospital Fund Act 1930*
260.	The Act amended	126
261.	Section 3 amended	126
Division 6 — *Hospitals and Health Services*

Act 1927

262.	The Act amended	126
263.	Section 2 amended	127
264.	Various references to Commissioner changed to
CEO	127
Division 7 — *Human Reproductive Technology*

Act 1991

265.	The Act amended	128
266.	Section 3 amended	128
267.	Section 13 amended	129
268.	Section 37 amended	129
269.	Sections 53ZC and 53ZI amended	129
270.	Various references to Commissioner of Health
changed to CEO	129
Division 8 — *Medical Act 1894*
271.	The Act amended	131
272.	Section 4 amended	131
Division 9 — *Mental Health Act 1996*
273.	The Act amended	131
274.	Section 3 amended	132

Machinery of Government (Miscellaneous Amendments) Act 2006

Contents

275. Various references to Commissioner changed to

CEO

132

Division 10 — Nurses Act 1992

276.

The Act amended

132

277.

Section 4 amended

133

278.

Section 9 amended

133

Division 11 — Poisons Act 1964

279.

The Act amended

133

280.

Section 5 amended

134

281.

Section 55E amended

134

282. Various references to Commissioner of Health

changed to CEO

134

Division 12 — Tobacco Control Act 1990

283.

The Act amended

135

284.

Section 4 amended

135

285.

Section 17 amended

136

286.

Section 19 amended

136

287.

Section 26 amended

136

288.

Section 29 amended

136

Division 13 — Transitional provisions

289.

Commissioner of Health

136

Part 10 — Housing and Works, and

Heritage

Division 1 — Country Housing Act 1998

290.	The Act amended	138
291.	Section 9A inserted	138

9A.

Authority to be an SES organisation

138

292.	Section 11 amended	138
293.	Section 13 amended	138
294.	Section 15 amended	139
Division 2 — *Government Employees’ Housing*

Act 1964

295.	The Act amended	139
296.	Long title amended	140
297.	Section 4 amended	140
298.	Section 5 amended	140
299.	Section 6 repealed	140
300.	Part II repealed	140

Machinery of Government (Miscellaneous Amendments) Act 2006

Contents

301.	Section 18 amended	141
302.	Section 19 amended	141
303.	Section 21 repealed	141
304.	Section 23 amended	141
305.	Section 24 amended	141
306.	Section 25 repealed	141
Division 3 — *Heritage of Western Australia*

Act 1990

307.	The Act amended	142
308.	Section 14 amended	142
Division 4 — *Housing Act 1980*
309.	The Act amended	142
310.	Long title amended	142
311.	Section 5 amended	143
312.	Heading to Part II amended	143
313.	Heading to Part II Division 1 replaced	143
Division 1 — The Housing Authority
314.	Section 6 amended	144
315.	Section 7 amended	144
316.	Sections 8 to 10 replaced	145

8.	Authority to be an SES organisation	145
9.	Management	145

317.	Heading to Part II Division 2 amended	145
318.	Section 11 amended	145
319.	Sections 11A and 11B inserted	146

11A.	Minister may give directions	146
11B.	Minister to have access to information	147

320.	Section 12 amended	148
321.	Section 12A amended	148
322.	Section 13 amended	148
323.	Section 16 amended	148
324.	Heading to Part II Division 3 amended	148
325.	Section 17 amended	149
326.	Section 18A inserted	149

18A.

Use of other staff and facilities

149

327.	Section 22 amended	150
328.	Heading to Part IV amended	150
329.	Section 50 amended	150
330.	Section 62 amended	151
331.	Section 69 replaced	151

69.

Protection from personal liability

151

Machinery of Government (Miscellaneous Amendments) Act 2006

Contents

332.	References to Commission changed to Authority	152
Division 5 — *Public Works Act 1902*
333.	The Act amended	152
334.	Section 2 amended	152
335.	Section 9E amended	153
Division 6 — Transitional matters
336.	Financial reporting	153
337.	References to former bodies	154
338.	Government Employees’ Housing Act 1964	154
339.	Housing Act 1980	155
340.	Interpretation	155
Part 11 — Indigenous Affairs
Division 1 — *Aboriginal Affairs Planning*

Authority Act 1972

341.	The Act amended	157
342.	Long title amended	157
343.	Section 4 amended	157
344.	Section 10 repealed	157
345.	Section 16 repealed	158
346.	Section 17 amended	158
347.	Section 19 amended	158
348.	Section 43 amended	159
349.	Various references to Commissioner changed to
CEO	159
Division 2 — Transitional provisions
350.	Aboriginal Affairs Planning Authority Act 1972	160
Part 12 — Local Government and

Regional Development, and

Land Information

Division 1 — Animal Welfare Act 2002

351.	The Act amended	161
352.	Section 5 amended	161
353.	Section 90 amended	161
354.	Various references to Director General changed to
CEO	161

Machinery of Government (Miscellaneous Amendments) Act 2006

Contents

Division 2 — Control of Vehicles (Off-road

Areas) Act 1978

355.	The Act amended	162
356.	Section 3 amended	162
357.	Section 21 amended	162
358.	Section 22 repealed	162
359.	Section 38 amended	163
Division 3 — *Local Government Act 1995*
360.	The Act amended	163
361.	Section 1.4 amended	163
362.	Section 9.58 amended	164
363.	Section 9.67 amended	164
364.	Various references to Executive Director changed
to Departmental CEO	164
Division 4 — *Local Government Grants Act 1978*
365.	The Act amended	165
366.	Section 3 amended	165
367.	Section 5 amended	165
368.	Section 6 amended	165
Division 5 — *Regional Development*

Commissions Act 1993

369.	The Act amended	165
370.	Section 3 amended	166
371.	Section 31 amended	166
Division 6 — *Valuation of Land Act 1978*
372.	The Act amended	166
373.	Section 4 amended	166
Part 13 — Planning and

Infrastructure

Division 1 — Land Administration Act 1997

374.	The Act amended	167
375.	Section 3 amended	167
376.	Section 8 amended	167
377.	Section 30 amended	167
378.	Section 202 amended	168
379.	Section 259 amended	168

Machinery of Government (Miscellaneous Amendments) Act 2006

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Division 2 — Main Roads Act 1930

380.	The Act amended	169
381.	Section 31 amended	169
Division 3 — *Western Australian Coastal*

Shipping Commission Act 1965

382.	The Act amended	169
383.	Section 25 amended	169
Division 4 — *Western Australian Marine (Sea Dumping) Act 1981*
384.	The Act amended	170
385.	Section 14 amended	170
Part 14 — Police and Emergency

Services

Division 1 — Bush Fires Act 1954

386.	The Act amended	171
387.	Section 7 amended	171
388.	Section 28 amended	171
389.	Section 34 amended	172
390.	Section 37 amended	172
391.	Section 58 amended	172
392.	Section 66 amended	172
Division 2 — *Misuse of Drugs Act 1981*
393.	The Act amended	173
394.	Section 38D amended	173
Part 15 — Premier, Public Sector

Management, and Water

Resources

Division 1 — Constitution Acts Amendment

Act 1899

395.	The Act amended	174
396.	Schedule V amended	174
Division 2 — *Public Sector Management*

Act 1994

397.	The Act amended	174
398.	Schedule 2 amended	174

Machinery of Government (Miscellaneous Amendments) Act 2006

Contents

Division 3 — Water Corporation Act 1995

399.	The Act amended	175
400.	Section 73 amended	175
Part 16 — Racing and Gaming
Division 1 — *Gaming and Wagering Commission*

Act 1987

401.	The Act amended	176
402.	Section 9 amended	176
403.	Section 110A amended	176
Division 2 — *Racing and Wagering Western*

Australia Act 2003

404.	The Act amended	176
405.	Section 89 amended	176
Division 3 — *Racing Penalties (Appeals)*

Act 1990

406.	The Act amended	177
407.	Section 24 amended	177
Part 17 — Treasurer, and

Government Enterprises

Division 1 — Anzac Day Act 1960

408.	The Act amended	178
409.	Section 10 amended	178
Division 2 — *Economic Regulation Authority*

Act 2003

410.	The Act amended	178
411.	Section 23 amended	179
Division 3 — *Financial Administration and Audit*

Act 1985

412.	The Act amended	179
413.	Schedule 1 amended	179
Division 4 — *Gold Corporation Act 1987*
414.	The Act amended	180
415.	Section 3 amended	180
416.	Heading to Part II amended	180
417.	Section 9 amended	180
418.	Sections 9A, 9B and 9C inserted	181

Machinery of Government (Miscellaneous Amendments) Act 2006

Contents

9A.	Duty to observe policy instruments	181
9B.	Strategic development plan and statement
of corporate intent	181
9C.	Laying directions about strategic
development plan or statement of
corporate intent before Parliament	182

419.	Section 16 amended	183
420.	Section 21 amended	183
421.	Section 40 amended	184
422.	Section 51 amended	184
423.	Schedule 1 amended	184
Division 5 — *Insurance Commission of Western*

Australia Act 1986

424.	The Act amended	185
425.	Division 3A inserted	185
Division 3A — Strategic development plan and

statement of corporate intent

14A.	Duty to observe policy instruments	185
14B.	Strategic development plan and statement
of corporate intent	185
14C.	Laying directions about strategic
development plan or statement of
corporate intent before Parliament	187

Division 6 — Lotteries Commission Act 1990

426.	The Act amended	187
427.	Sections 8A, 8B and 8C inserted	188

8A.	Duty to observe policy instruments	188
8B.	Strategic development plan and statement
of corporate intent	188
8C.	Laying directions about strategic
development plan or statement of
corporate intent before Parliament	189

428.	Section 22 amended	190
Division 7 — *Parliamentary Superannuation*

Act 1970

429.	The Act amended	190
430.	Section 6 amended	190
Division 8 — *Rates and Charges (Rebates and Deferments) Act 1992*
431.	The Act amended	191
432.	Section 46 amended	191

Machinery of Government (Miscellaneous Amendments) Act 2006

Contents

Division 9 — State Superannuation Act 2000

433.	The Act amended	191
434.	Sections 33A, 33B and 33C inserted	191

33A.	Duty to observe policy instruments	191
33B.	Strategic development plan and statement
of corporate intent	192
33C.	Laying directions about strategic
development plan or statement of
corporate intent before Parliament	193

Division 10 — State Supply Commission Act 1991

435.	The Act amended	194
436.	Section 30 amended	194
Division 11 — *Western Australian Treasury*

Corporation Act 1986

437.	The Act amended	194
438.	Section 3 amended	194
439.	Section 5B amended	194
440.	Section 8A amended	195
441.	Section 9B inserted	195

9B.

Duty to observe policy instruments

195

442.	Section 10 amended	195
443.	Section 16HA inserted	195

16HA.

Concurrence of Treasurer

195

444.

Section 16PA inserted

196

16PA.

Concurrence of Treasurer

196

445.	Section 17A amended	196
446.	Section 18 amended	196
447.	Section 21A amended	196
448.	Section 21B amended	197
449.	Schedule 2 amended	197
450.	Various references to Treasurer changed to
Minister	197
Division 12 — Transitional provisions
451.	Western Australian Treasury Corporation
Act 1986 and Gold Corporation Act 1987	198
Part 18 — Various references to Permanent Head amended
452.	Various references to Permanent Head changed to
chief executive officer	200

Machinery of Government (Miscellaneous Amendments) Act 2006

Contents

Part 19 — General transitional

provisions

453.	References to Department by a former name	201
454.	References to chief executive officer by a former
name	201

Western Australia

Machinery of Government (Miscellaneous

Amendments) Act 2006

No. 28 of 2006

An Act to amend various Acts to facilitate the efficient and flexible organisation of the public sector, to amend various other Acts consequentially, and for related purposes.

[Assented to 26 June 2006]

The Parliament of Western Australia enacts as follows:

Machinery of Government (Miscellaneous Amendments) Act 2006

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1. Short title

This is the Machinery of Government (Miscellaneous

Amendments) Act 2006.

2. Commencement

(1)

Subject to this section, this Act comes into operation on a day

fixed by proclamation.

(2)

Different days may be fixed under subsection (1) for different

provisions.

3. Interpretation

In this Part —

“commencement” means the time at which this Act, or the

relevant provision of this Act, comes into operation;

“statutory rule” means a regulation, rule, local law or by-law.

4. Regulations — power to amend certain statutory rules

(1)

The Governor, on the recommendation of the Minister, may

make regulations amending a statutory rule made under an Act.

(2)

The Minister may make a recommendation under subsection (1) only if the Minister considers that each amendment proposed to be made by the regulations is consequential on the enactment of this Act.

(3)

Nothing in this section prevents a statutory rule from being

amended in accordance with the Act under which it is made.

5. Regulations — general

The Governor may make regulations dealing with matters of a

transitional nature (including matters of an application or

savings nature) relating to the transition from the application of

an Act amended by this Act as in force immediately before

Machinery of Government (Miscellaneous Amendments) Act 2006

Preliminary

Part 1

s. 5

commencement to the application of that Act as in force

immediately after commencement.

Machinery of Government (Miscellaneous Amendments) Act 2006

Part 2	Agriculture and Forestry
Division 1	Agricultural Produce Commission Act 1988
s. 6

Part 2 — Agriculture and Forestry

Division 1 — Agricultural Produce Commission Act 1988

6. The Act amended

The amendments in this Division are to the Agricultural

Produce Commission Act 1988*.

[* Reprinted as at 5 April 2002.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 11 and

Act No. 59 of 2004.]

7. Section 7 amended

Section 7(2) is amended by deleting “at the Treasury forming”

and inserting instead —

“ as ”.

Division 2 — Agriculture and Related Resources Protection

Act 1976

8. The Act amended

The amendments in this Division are to the Agriculture and

Related Resources Protection Act 1976*.

[* Reprinted as at 15 October 1999.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 13.]

9. Section 65 amended

Section 65(1) is amended as follows:

(a)	by inserting after “61” —

“

and any other money lawfully received by, made

available to or payable to the Protection Board

”;

Machinery of Government (Miscellaneous Amendments) Act 2006

Agriculture and Forestry

Part 2

Cattle Industry Compensation Act 1965

Division 3

s. 10

(b)	by deleting “to be kept in the Treasury”.

10. Section 94 amended

Section 94(1)(b)(iv) is deleted and the following subparagraph

is inserted instead —

“

(iv) the CEO as defined in section 3 of the Conservation and Land Management Act 1984, that any person is registered as the holder of a permit, licence or

lease under Part VIII of that Act,

”.

Division 3 — Cattle Industry Compensation Act 1965

11. The Act amended

The amendments in this Division are to the Cattle Industry

Compensation Act 1965*.

[* Reprinted as at 20 August 1999.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 53-4.]

12. Section 21 amended

Section 21(1) is amended by deleting “and kept at the Treasury,

forming” and inserting instead —

“ , as ”.

Division 4 — Forest Products Act 2000

13. The Act amended

The amendments in this Division are to the Forest Products

Act 2000*.

[* Act No. 34 of 2000.

Machinery of Government (Miscellaneous Amendments) Act 2006

Part 2	Agriculture and Forestry
Division 4	Forest Products Act 2000
s. 14

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 177.]

14. Section 3 amended

Section 3 is amended as follows:

(a)	by inserting the following definitions in the appropriate alphabetical positions —

“

“CALM Act CEO” has the meaning given to “CEO” by section 3 of the CALM Act;

“CALM Act Department” has the meaning given to “Department” by section 3 of the CALM Act;

”;

(b)

in the definition of “departmental land” in paragraph (c) instead —

“ CALM Act CEO ”;

(c)	by deleting the definitions of “Department” and “Executive Director”.

15. Section 6 amended

Section 6(3)(c) is amended by deleting “Department” and

inserting instead —

“ CALM Act Department ”.

16. Section 10 amended

Section 10(1) is amended as follows:

(a)	in paragraph (l) by deleting “Department” and inserting instead —

“ CALM Act CEO ”;

(b)	in paragraph (l) by deleting “the Department’s” and inserting instead —

Machinery of Government (Miscellaneous Amendments) Act 2006

Agriculture and Forestry

Part 2

Forest Products Act 2000

Division 4

s. 17

“ that CEO’s ”;

(c)	in paragraph (m) by deleting “Department” and inserting instead —

“ CALM Act CEO ”.

17. Section 42 amended

Section 42(2)(d) is amended by deleting “Department” and

inserting instead —

“ CALM Act CEO ”.

18. Section 57 amended

Section 57(2)(a)(ii) and (c) are amended by deleting

“Department’s” and inserting instead —

“ CALM Act CEO’s ”.

19. Section 59 amended

Section 59(1)(b) and (c) are amended by deleting “Department”

and inserting instead —

“ CALM Act CEO ”.

20. Various references to Executive Director changed to CALM Act CEO

Each provision listed in the Table to this section is amended by deleting “Executive Director” in each place where it occurs and inserting instead —

“ CALM Act CEO ”.

Table

s. 6(3)(c)	s. 57(2)(a) and (b)
s. 10(1)(e), (k) and (o)	s. 59(1)(d) and (2)

and (3)(e)

Machinery of Government (Miscellaneous Amendments) Act 2006

Part 2	Agriculture and Forestry
Division 5	Marketing of Potatoes Act 1946
s. 21

Division 5 — Marketing of Potatoes Act 1946

21. The Act amended

The amendments in this Division are to the Marketing of

Potatoes Act 1946*.

[* Reprinted as at 7 January 2000.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 275-6.]

22. Section 22B amended

(1)

Section 22B(5) is amended by deleting “Commissioner for

Health” and inserting instead —

“ CEO (Health) ”.

(2)

After section 22B(9) the following subsection is inserted —

“

(10)	In this section —
“CEO (Health)” has the meaning given to “CEO” by section 3 of the Health Legislation Administration Act 1984.

”.

Division 6 — Plant Pests and Diseases (Eradication Funds)

Act 1974

23. The Act amended

The amendments in this Division are to the Plant Pests and

Diseases (Eradication Funds) Act 1974*.

[* Reprint 2 as at 12 December 2003.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 345.]

Machinery of Government (Miscellaneous Amendments) Act 2006

Agriculture and Forestry

Part 2

Soil and Land Conservation Act 1945

Division 7

s. 24

24. Sections 5 and 8A amended

Sections 5(1) and 8A(1) are amended by deleting “and kept at

the Treasury, forming” and inserting instead —

“ , as ”.

Division 7 — Soil and Land Conservation Act 1945

25. The Act amended

The amendments in this Division are to the Soil and Land

Conservation Act 1945*.

[* Reprint 6 as at 3 October 2003.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 416.]

26. Section 4 amended

Section 4 is amended in the definition of “Public Authority” in

paragraph (f) by deleting “Executive Director within the

meaning” and inserting instead —

“ CEO as defined in section 3 ”.

27. Section 25C amended

Section 25C(1) is amended by deleting “at the Treasury,

forming” and inserting instead —

“ , as ”.

Division 8 — Tree Plantation Agreements Act 2003

28. The Act amended

The amendments in this Division are to the Tree Plantation

Agreements Act 2003*.

[* Act No. 39 of 2003.]

Machinery of Government (Miscellaneous Amendments) Act 2006

Part 2	Agriculture and Forestry
Division 8	Tree Plantation Agreements Act 2003
s. 29

29. Section 4 amended

(1)

Section 4(2)(a) and (b) are amended by deleting “Executive

Director of the Department of Conservation and Land

Management” and inserting instead —

“ CALM Act CEO ”.

(2)

After section 4(2) the following subsection is inserted —

“

(3)

In this section —

“CALM Act CEO” has the meaning given to “CEO”

by section 3 of the Conservation and Land

Management Act 1984.

”.

Machinery of Government (Miscellaneous Amendments) Act 2006

Attorney General, and Justice

Part 3

Bail Act 1982

Division 1

s. 30

Part 3 — Attorney General, and Justice

Division 1 — Bail Act 1982

30. The Act amended

The amendments in this Division are to the Bail Act 1982*.

[* Reprint 5 as at 1 April 2005.

For subsequent amendments see Acts Nos. 45, 59 and 84

of 2004.]

31. Section 3 amended

(1)	Section 3(1) is amended as follows:

(a)	by inserting the following definitions in the appropriate alphabetical positions —

“

“CEO” means the chief executive officer of the

Department;

“Department” means the department of the Public

Service principally assisting in the administration of this Act;

”;

(b)	in the definition of “authorised community services officer” in paragraph (a) by deleting “(Justice)” in both places where it occurs;
(c)	by deleting the definition of “CEO (Justice)”.

(2)

Section 3(5) is amended by deleting “department of which he is

the chief executive officer” and inserting instead —

“ Department ”.

Machinery of Government (Miscellaneous Amendments) Act 2006

Part 3	Attorney General, and Justice
Division 2	Evidence Act 1906
s. 32

32. Section 66A amended

Section 66A(2) is amended by deleting “department of which the CEO (Justice) is the chief executive officer” and inserting instead —

“ Department ”.

33. Various references to CEO (Justice) changed to CEO

Each provision listed in the Table to this section is amended by

deleting “CEO (Justice)” in each place where it occurs and

inserting instead —

“ CEO ”.

Table

s. 3(5)	s. 50E
s. 24A(4)	s. 50F(1), (3), (4) and (5)
s. 27A	s. 50H
s. 50A	s. 50J
s. 50C(4)(a) and (b)	s. 50L(1)
s. 50D(1)(a)	Sch. 1 Part D cl. 3(3)(e)

Note:

The headings to sections 27A, 50A, 50E, 50F and 50J will be altered

by deleting “(Justice)”.

Division 2 — Evidence Act 1906

34. The Act amended

The amendments in this Division are to the Evidence Act 1906*.

[* Reprint 12 as at 10 October 2003.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 151.]

Machinery of Government (Miscellaneous Amendments) Act 2006

Attorney General, and Justice

Part 3

Evidence Act 1906

Division 2

s. 35

35. Section 61 amended

Section 61 is amended as follows:

(a)	by deleting “Head of any department of the Government” and inserting instead —

“

chief executive officer of any department of the Public

Service

”;

(b)	by deleting “or board” in the first place where it occurs and inserting instead —

“ , listed ”;

(c)	by deleting “board” in the second place where it occurs and inserting instead —

“ body ”.

36. Section 106A amended

Section 106A is amended in the definition of “accused” in paragraph (a)(i) by deleting “of the department established under section 4 of the Community Services Act 1972” and inserting instead —

“

as defined in section 3 of the Children

and Community Services Act 2004

”.

37. The Fifth Schedule amended

The Fifth Schedule is amended by deleting all the items from

and including the item relating to the Lands and Surveys

Department and inserting instead —

“

Any department of the	The chief executive officer of
Public Service	that department

Machinery of Government (Miscellaneous Amendments) Act 2006

Part 3	Attorney General, and Justice
Division 3	Juries Act 1957
s. 38

Any body, whether	The chief executive officer,
incorporated or not, that is	the chief employee, the
established for a public	chairman or the secretary
purpose by a written law	(whichever is relevant) of the body
The Police Force	The Commissioner of Police

”.

Division 3 — Juries Act 1957

38. The Act amended

The amendments in this Division are to the Juries Act 1957*.

[* Reprinted as at 3 July 2000.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 232.]

39. Second Schedule amended

(1)	The Second Schedule Part I item 2(i) is deleted and the following item is inserted instead —

“

(i) Officer or employee of the department of the Public Service principally assisting in the administration of this Act, other than an officer in the Public Trust

Office;

”.

(2)	The Second Schedule Part I item 2(l) is deleted and the following item is inserted instead —

“

(l)	Officer or employee of the department of the Public Service principally assisting in the administration of the Police Act 1892;

”.

Machinery of Government (Miscellaneous Amendments) Act 2006

Attorney General, and Justice

Part 3

Professional Standards Act 1997

Division 4

s. 40

Division 4 — Professional Standards Act 1997

40. The Act amended

The amendments in this Division are to the Professional

Standards Act 1997*.

[* Act No. 22 of 1997.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 360 and

Act No. 25 of 2004.]

41. Section 16 amended

Section 16(2) is amended as follows:

(a)	by deleting “at either”;
(b)	in paragraph (a) by deleting “the Treasury and”;
(c)	in paragraph (b) by inserting before “a bank” —

“ at ”.

Division 5 — Spent Convictions Act 1988

42. The Act amended

The amendments in this Division are to the Spent Convictions

Act 1988*.

[* Reprinted as at 1 September 2000.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 418-9.]

43. Schedule 3 amended

Schedule 3 clause 1 item 10 of the Table is amended by deleting

“Community and Juvenile Justice Division or the Prisons

Division of the Department of Justice” and inserting instead —

“

department of the Public Service principally

assisting in the administration of this Act

Machinery of Government (Miscellaneous Amendments) Act 2006

Part 3	Attorney General, and Justice
Division 6	Statutory Corporations (Liability of Directors) Act 1996
s. 44

”.

Division 6 — Statutory Corporations (Liability of Directors)

Act 1996

44. The Act amended

The amendments in this Division are to the Statutory

Corporations (Liability of Directors) Act 1996*.

[* Reprint 3 as at 7 November 2003.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 431.]

45. Schedule 1 amended

Schedule 1 is amended by deleting the item relating to the State

Housing Commission.

Division 7 — Suitors’ Fund Act 1964

46. The Act amended

The amendments in this Division are to the Suitors’ Fund

Act 1964*.

[* Reprinted as at 29 October 1999.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 438.]

47. Section 4 amended

(1)	Section 4(1) is amended by deleting “and kept at the Treasury, forming” and inserting instead —
“ , as ”.
(2)	Section 4(2) is repealed and the following subsection is inserted instead —
*Machinery of Government (Miscellaneous Amendments) Act 2006*

Attorney General, and Justice

Part 3

Suitors’ Fund Act 1964

Division 7

s. 47

“

(2)	The following shall be credited to the Fund —

(a)	the amounts referred to in section 6(2);
(b)	any other moneys lawfully received by, made available to, or payable to the Board.

”.

Machinery of Government (Miscellaneous Amendments) Act 2006

Part 4	Consumer and Employment Protection
Division 1	Associations Incorporation Act 1987
s. 48

Part 4 — Consumer and Employment Protection

Division 1 — Associations Incorporation Act 1987

48. The Act amended

The amendments in this Division are to the Associations

Incorporation Act 1987*.

[* Reprinted as at 20 August 1999.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 28.]

49. Section 3 amended

Section 3(1) is amended as follows:

(a)	by inserting the following definition in the appropriate alphabetical position —

“

“Department” means the department of the Public

Service principally assisting in the administration of this Act;

”;

(b)	by deleting the definition of “Commissioner” and inserting instead —

“

“Commissioner” means the person for the time being

designated as the Commissioner under

section 39A;

”.

Machinery of Government (Miscellaneous Amendments) Act 2006

Consumer and Employment Protection

Part 4

Associations Incorporation Act 1987

Division 1

s. 50

50. Sections 39A to 39E inserted

After section 39 the following sections are inserted in

Part VII —

“

39A.

Commissioner

(1)	The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the
purposes of this Act.
(2)	The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette.
(3)	In this section —
“executive officer” has the meaning given by

section 3(1) of the Public Sector Management

Act 1994.

39B.

Delegation by Commissioner

(1)	The Commissioner may delegate to any other person employed in the Department any power or duty of the Commissioner under another provision of this Act.
(2)	The delegation must be in writing signed by the Commissioner.
(3)	A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
(4)	A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the
delegation unless the contrary is shown.

Machinery of Government (Miscellaneous Amendments) Act 2006

Part 4	Consumer and Employment Protection
Division 1	Associations Incorporation Act 1987
s. 50

(5)	Nothing in this section limits the ability of the Commissioner to perform a function through an officer or agent.

39C.

Information officially obtained to be confidential

(1)

A person who misuses information obtained by reason

of any function that person has, or at any time had, in

the administration of this Act, or the repealed Act,

commits an offence.

Penalty: $20 000.

(2)

A person misuses information if it is, directly or

indirectly, recorded, used, or disclosed to another

person, other than —

(a) in the course of duty; (b) under this Act;

(c)	for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence;
(d)	in a manner that could not reasonably be expected to lead to the identification of any person to whom the information refers; or
(e)	with the consent of the person to whom the information relates, or each of them if there is more than one.

(3)	In this section —
“information” means information concerning the affairs of a person.

39D.

Protection from liability for wrongdoing

(1)	A person is not liable for anything that the person has, in good faith, done in the performance or purported performance of a function under this Act, or the repealed Act.

Machinery of Government (Miscellaneous Amendments) Act 2006

Consumer and Employment Protection Builders’ Registration Act 1939

Part 4

Division 2

s. 51

(2)

The State is also relieved of any liability that it might

otherwise have had for another person having done

anything as described in subsection (1).

(3)

The protection given by this section applies even

though the thing done as described in subsection (1)

may have been capable of being done whether or not

this Act had been enacted.

(4)

In this section, a reference to the doing of anything includes a reference to an omission to do anything.

39E.

Judicial notice

All courts, judges and persons acting judicially shall take judicial notice of the official signature of every person who is for the time being and every person who

has at any time been the Commissioner and of the fact

that such person holds or has held such office.

”.

Division 2 — Builders’ Registration Act 1939

51. The Act amended

The amendments in this Division are to the Builders’

Registration Act 1939*.

[* Reprinted as at 11 January 2002.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 44.]

52. Section 4A amended

Section 4A(5) is amended by deleting “Commissioner for Fair

Trading appointed under section 15” and inserting instead —

“ Commissioner as defined in section 4(1) ”.

Machinery of Government (Miscellaneous Amendments) Act 2006

Part 4	Consumer and Employment Protection
Division 3	Business Names Act 1962
s. 53

53. Section 37 amended

Section 37(3) is amended by deleting “Commissioner for Fair

Trading referred to in section 15” and inserting instead —

“ Commissioner as defined in section 4(1) ”.

Division 3 — Business Names Act 1962

54. The Act amended

The amendments in this Division are to the Business Names

Act 1962*.

[* Reprinted as at 16 February 2001.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 49.]

55. Section 4 amended

Section 4(1) is amended as follows:

(a)	by inserting the following definition in the appropriate alphabetical position —

“

“Department” means the department of the Public

Service principally assisting in the administration of this Act;

”;

(b)	by deleting the definition of “Commissioner” and inserting instead —

“

“Commissioner” means the person for the time being

designated as the Commissioner under

section 4AA;

”.

Machinery of Government (Miscellaneous Amendments) Act 2006

Consumer and Employment Protection

Part 4

Business Names Act 1962

Division 3

s. 56

56. Section 4AA inserted

After section 4 the following section is inserted —

“

4AA.

Commissioner

(1)	The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the
purposes of this Act.
(2)	The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette.
(3)	In this section —
“executive officer” has the meaning given by

section 3(1) of the Public Sector Management

Act 1994.

”.

57. Sections 31A to 31D inserted

After section 31 the following sections are inserted —

“

31A.

Delegation by Commissioner

(1)	The Commissioner may delegate to any other person employed in the Department any power or duty of the Commissioner under another provision of this Act.
(2)	The delegation must be in writing signed by the Commissioner.
(3)	A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
(4)	A person exercising or performing a power or duty that has been delegated to the person under this section is to

Machinery of Government (Miscellaneous Amendments) Act 2006

Part 4	Consumer and Employment Protection
Division 3	Business Names Act 1962
s. 57
be taken to do so in accordance with the terms of the delegation unless the contrary is shown.

(5)	Nothing in this section limits the ability of the Commissioner to perform a function through an officer or agent.

31B.

Information officially obtained to be confidential

(1)

A person who misuses information obtained by reason

of any function that person has, or at any time had, in

the administration of this Act commits an offence.

Penalty: $20 000.

(2)

A person misuses information if it is, directly or

indirectly, recorded, used, or disclosed to another

person, other than —

(a) in the course of duty; (b) under this Act;

(c)	for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence;
(d)	in a manner that could not reasonably be expected to lead to the identification of any person to whom the information refers; or
(e)	with the consent of the person to whom the information relates, or each of them if there is more than one.

(3)	In this section —
“information” means information concerning the affairs of a person.

Machinery of Government (Miscellaneous Amendments) Act 2006

Consumer and Employment Protection

Part 4

Chattel Securities Act 1987

Division 4

s. 58

31C.

Protection from liability for wrongdoing

(1)	A person is not liable for anything that the person has, in good faith, done in the performance or purported performance of a function under this Act.
(2)	The State is also relieved of any liability that it might otherwise have had for another person having done anything as described in subsection (1).
(3)	The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted.
(4)	In this section, a reference to the doing of anything includes a reference to an omission to do anything.

31D.

Application of certain provisions of the Consumer

Affairs Act 1971

Sections 19, 20, 21, 22 and 23A of the Consumer

Affairs Act 1971 apply, with such modifications as are

necessary, to and in relation to the functions of the

Commissioner and persons and matters affected by the

exercise of those functions as if the sections were part

of this Act.

”.

Division 4 — Chattel Securities Act 1987

58. The Act amended

The amendments in this Division are to the Chattel Securities

Act 1987*.

[* Reprinted as at 13 December 2002.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 57.]

Machinery of Government (Miscellaneous Amendments) Act 2006

Part 4	Consumer and Employment Protection
Division 4	Chattel Securities Act 1987
s. 59

59. Section 3 amended

Section 3(1) is amended as follows:

(a)	by inserting the following definition in the appropriate alphabetical position —

“

“Department” means the department of the Public

Service principally assisting in the administration of this Act;

”;

(b)	by deleting the definition of “Commissioner” and inserting instead —

“

“Commissioner” means the person for the time being

designated as the Commissioner under section 3A;

”.

60. Section 3A inserted

After section 3 the following section is inserted in Part I —

“

3A.

Commissioner

(1)	The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the
purposes of this Act.
(2)	The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette.
(3)	In this section —
“executive officer” has the meaning given by

section 3(1) of the Public Sector Management

Act 1994.

”.

Machinery of Government (Miscellaneous Amendments) Act 2006

Consumer and Employment Protection

Part 4

Chattel Securities Act 1987

Division 4

s. 61

61. Heading to Part IV inserted

After section 28 the following heading is inserted —

“

Part IV — Miscellaneous

”.

62. Sections 30A to 30D inserted

After section 30 the following sections are inserted —

“

30A.

Delegation by Commissioner

(1)	The Commissioner may delegate to any other person employed in the Department any power or duty of the Commissioner under another provision of this Act.
(2)	The delegation must be in writing signed by the Commissioner.
(3)	A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
(4)	A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the
delegation unless the contrary is shown.
(5)	Nothing in this section limits the ability of the Commissioner to perform a function through an officer or agent.

30B.

Information officially obtained to be confidential

(1)

A person who misuses information obtained by reason

of any function that person has, or at any time had, in

the administration of this Act commits an offence.

Penalty: $20 000.

Machinery of Government (Miscellaneous Amendments) Act 2006

Part 4	Consumer and Employment Protection
Division 4	Chattel Securities Act 1987
s. 62

(2)	A person misuses information if it is, directly or indirectly, recorded, used, or disclosed to another person, other than —

(a) in the course of duty; (b) under this Act;

(c)	for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence;
(d)	in a manner that could not reasonably be expected to lead to the identification of any person to whom the information refers; or
(e)	with the consent of the person to whom the information relates, or each of them if there is more than one.

(3)	In this section —
“information” means information concerning the affairs of a person.

30C.

Protection from liability for wrongdoing

(1)	Subject to sections 24 and 25, a person is not liable for anything that the person has, in good faith, done in the performance or purported performance of a function
under this Act.
(2)	Subject to sections 24 and 25, the State is also relieved of any liability that it might otherwise have had for another person having done anything as described in subsection (1).
(3)	The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted.

Machinery of Government (Miscellaneous Amendments) Act 2006

Consumer and Employment Protection

Part 4

Companies (Co-operative) Act 1943

Division 5

s. 63

(4)	In this section, a reference to the doing of anything includes a reference to an omission to do anything.

30D.

Application of certain provisions of the Consumer

Affairs Act 1971

Sections 19, 20, 21, 22 and 23A of the Consumer

Affairs Act 1971 apply, with such modifications as are

necessary, to and in relation to the functions of the

Commissioner and persons and matters affected by the

exercise of those functions as if the sections were part

of this Act.

”.

Division 5 — Companies (Co-operative) Act 1943

63. The Act amended

The amendments in this Division are to the Companies

(Co-operative) Act 1943*.

[* Reprinted as at 14 January 2000.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 74.]

64. Section 3 amended

Section 3 is amended as follows:

(a)	by inserting the following definition in the appropriate alphabetical position —

“

“Department” means the department of the Public

Service principally assisting in the administration of this Act.

”;

(b)	by deleting the definition of “Registrar” and inserting instead —

Machinery of Government (Miscellaneous Amendments) Act 2006

Part 4	Consumer and Employment Protection
Division 5	Companies (Co-operative) Act 1943
s. 65

“

“Registrar” means the person for the time being

designated as the Registrar under section 3A.

”.

65. Division 1A inserted

After section 3 the following Division is inserted —

“

Division 1A — Administration

3A.

Registrar

(1)	The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Registrar for the
purposes of this Act.
(2)	The Registrar may be referred to by a title specified by the Minister by notice published in the Gazette.
(3)	In this section —
“executive officer” has the meaning given by

section 3(1) of the Public Sector Management

Act 1994.

3B.

Delegation by Registrar

(1)	The Registrar may delegate to any other person employed in the Department any power or duty of the Registrar under another provision of this Act.
(2)	The delegation must be in writing signed by the Registrar.
(3)	A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
(4)	A person exercising or performing a power or duty that has been delegated to the person under this section is to

Machinery of Government (Miscellaneous Amendments) Act 2006

Consumer and Employment Protection

Part 4

Companies (Co-operative) Act 1943

Division 5

s. 65

be taken to do so in accordance with the terms of the

delegation unless the contrary is shown.

(5)	Nothing in this section limits the ability of the Registrar to perform a function through an officer or agent.

3C.

Information officially obtained to be confidential

(1)

A person who misuses information obtained by reason

of any function that person has, or at any time had, in

the administration of this Act commits an offence.

Penalty: $20 000.

(2)

A person misuses information if it is, directly or

indirectly, recorded, used, or disclosed to another

person, other than —

(a) in the course of duty; (b) under this Act;

(c)	for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence;
(d)	in a manner that could not reasonably be expected to lead to the identification of any person to whom the information refers; or
(e)	with the consent of the person to whom the information relates, or each of them if there is more than one.

(3)	In this section —
“information” means information concerning the affairs of a person.

Machinery of Government (Miscellaneous Amendments) Act 2006

Part 4	Consumer and Employment Protection
Division 6	Competition Policy Reform (Western Australia) Act 1996
s. 66

3D.

Protection from liability for wrongdoing

(1)	A person is not liable for anything that the person has, in good faith, done in the performance or purported performance of a function under this Act.
(2)	The State is also relieved of any liability that it might otherwise have had for another person having done anything as described in subsection (1).
(3)	The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted.
(4)	In this section, a reference to the doing of anything includes a reference to an omission to do anything.

3E.

Judicial notice

All courts, judges and persons acting judicially shall take judicial notice of the official signature of every person who is for the time being and every person who

has at any time been the Registrar and of the fact that

such person holds or has held such office.

”.

66. Section 391 repealed and consequential amendments

(1)	Section 391 is repealed.
(2)	Sections 25(1), 26(1)(b), 30(6), 319, 329(1)(d), 331(1) and (3), 373(d) and (g) and 392(2) are amended by deleting “and seal”.

Division 6 — Competition Policy Reform (Western Australia)

Act 1996

67. The Act amended

The amendments in this Division are to the Competition Policy

Reform (Western Australia) Act 1996*.

Machinery of Government (Miscellaneous Amendments) Act 2006

Consumer and Employment Protection

Part 4

Competition Policy Reform (Western Australia) Act 1996

Division 6

s. 68

[* Reprinted as at 6 July 2001.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 75-6.]

68. Section 45 amended

Section 45 is amended by deleting the definition of

“Commissioner” and inserting instead —

“

“Commissioner” means the person for the time being

designated as the Commissioner under section 58;

”.

69. Division 5 inserted

After section 57 the following Division is inserted —

“

Division 5 — Commissioner

58. Commissioner

(1)	The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the
purposes of this Part.
(2)	The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette.
(3)	In this section —
“executive officer” has the meaning given by

section 3(1) of the Public Sector Management

Act 1994.

59. Delegation by Commissioner

(1)	The Commissioner may delegate to any other person employed in the Department any power or duty of the Commissioner under another provision of this Part.

Machinery of Government (Miscellaneous Amendments) Act 2006

Part 4	Consumer and Employment Protection
Division 6	Competition Policy Reform (Western Australia) Act 1996
s. 69

(2)	The delegation must be in writing signed by the Commissioner.
(3)	A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
(4)	A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the
delegation unless the contrary is shown.
(5)	Nothing in this section limits the ability of the Commissioner to perform a function through an officer or agent.

60. Information officially obtained to be confidential

(1)

A person who misuses information obtained by reason

of any function that person has, or at any time had, in

the administration of this Part commits an offence.

Penalty: $20 000.

(2)

A person misuses information if it is, directly or

indirectly, recorded, used, or disclosed to another

person, other than —

(a) in the course of duty; (b) under this Act;

(c)	for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence;
(d)	in a manner that could not reasonably be expected to lead to the identification of any person to whom the information refers; or
(e)	with the consent of the person to whom the information relates, or each of them if there is more than one.

Machinery of Government (Miscellaneous Amendments) Act 2006

Consumer and Employment Protection

Part 4

Consumer Affairs Act 1971

Division 7

s. 70

(3)	In this section —
“information” means information concerning the affairs of a person.

61. Protection from liability for wrongdoing

(1)	A person is not liable for anything that the person has, in good faith, done in the performance or purported performance of a function under this Part.
(2)	The State is also relieved of any liability that it might otherwise have had for another person having done anything as described in subsection (1).
(3)	The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Part had been enacted.
(4)	In this section, a reference to the doing of anything includes a reference to an omission to do anything.

62. Judicial notice

All courts, judges and persons acting judicially shall take judicial notice of the official signature of every person who is for the time being and every person who

has at any time been the Commissioner and of the fact

that such person holds or has held such office.

”.

Division 7 — Consumer Affairs Act 1971

70. The Act amended

The amendments in this Division are to the Consumer Affairs

Act 1971*.

[* Reprint 4 as at 9 July 2004.

Machinery of Government (Miscellaneous Amendments) Act 2006

Part 4	Consumer and Employment Protection
Division 7	Consumer Affairs Act 1971
s. 71

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 91.]

71. Long title amended

The long title is amended by deleting “appointment of a Commissioner for Fair Trading” and inserting instead —

“ protection of the interests of consumers ”.

72. Section 4 amended

Section 4(1) is amended by deleting the definition of

“Commissioner” and inserting instead —

“

“Commissioner” means the person for the time being

designated as the Commissioner under section 15;

”.

73. Section 5 amended

Section 5(2) is amended by deleting “the person for the time

being holding the office of ” .

74. Heading to Part III replaced

The heading to Part III is deleted and the following heading is

inserted instead —

“

Part III — Administrative provisions

”.

75. Sections 15 to 17 replaced

Sections 15, 15A and 17 are repealed and the following sections

are inserted instead —

Machinery of Government (Miscellaneous Amendments) Act 2006

Consumer and Employment Protection

Part 4

Consumer Affairs Act 1971

Division 7

s. 75

“

15. Commissioner

(1)	The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the
purposes of this Act.
(2)	The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette.
(3)	In this section —
“executive officer” has the meaning given by

section 3(1) of the Public Sector Management

Act 1994.

16. Functions of the Commissioner

(1)	The functions of the Commissioner include —

(a)	to promote the interests of consumers and to assist them to a greater awareness in relation to their assessment and use of goods and services;
(b)	to collect, collate and disseminate information in respect of matters affecting the interests of consumers;
(c)	to receive complaints from consumers concerning matters affecting their interests as consumers, to consider and, if the Commissioner considers it warranted, to investigate those complaints and to take such action in respect of those complaints as seems proper to the Commissioner;
(d)	to receive complaints of fraudulent or deceptive practices in relation to matters that affect or are likely to affect the interests of consumers and to make such investigations and inquiries and to

Machinery of Government (Miscellaneous Amendments) Act 2006

Part 4	Consumer and Employment Protection
Division 7	Consumer Affairs Act 1971
s. 75

take such other action in respect of those

complaints as seems proper to the

Commissioner;

(e)	to advise and assist consumers who seek from the Commissioner information or guidance on matters affecting their interests as consumers;
(f)	to encourage and undertake the dissemination of information concerning consumer affairs to producers, manufacturers and suppliers of

goods or services;

(g)	to perform such other functions as are imposed on the Commissioner by this Act or any other Act.

(2)	Without limiting the generality of subsection (1), the Commissioner is to —

(a)	make such recommendations to the Minister as the Commissioner considers necessary or desirable in the interests of consumers and in particular investigate and make recommendations to the Minister in relation to any matters that concern the need for or desirability of legislative or administrative action in the interests of consumers;
(b)	advise the Minister on such matters affecting the interests of consumers as the Minister may refer to the Commissioner;
(c)	make recommendations to the Minister for the establishment and maintenance of means by which —

(i)	consumers and of persons engaged in the production, manufacture,

matters that affect the interests of commerce or in the provision of

Machinery of Government (Miscellaneous Amendments) Act 2006

Consumer and Employment Protection

Part 4

Consumer Affairs Act 1971

Division 7

s. 75

services may receive adequate

consideration; and

(ii) information concerning those matters

and considerations may be disseminated

at large.

(3)	The Commissioner may cooperate, associate or consult with organisations that have the power to make investigations of the nature referred to in subsection (2)(a).

17. Power of Commissioner to publish warnings about unsatisfactory or dangerous goods and services etc.

(1)	The Commissioner may publish (in any form) a statement identifying and giving warnings or information about any of the following —

Insurance Commission of Western Australia Act 1986

Division 5

s. 424

Division 5 — Insurance Commission of Western Australia

Act 1986

424. The Act amended

The amendment in this Division is to the Insurance Commission

of Western Australia Act 1986*.

[* Reprinted as at 12 November 1999.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 221.]

425. Division 3A inserted

After section 14 the following Division is inserted —

“

Division 3A — Strategic development plan and

statement of corporate intent

14A.

Duty to observe policy instruments

The Commission is to perform its functions in

accordance with its strategic development plan and its

statement of corporate intent as existing from time to

time.

14B.

Strategic development plan and statement of

corporate intent

(1)	The board of commissioners must, at the prescribed times, prepare and submit to the Minister —

(a)	a strategic development plan for the Commission; and
(b)	a statement of corporate intent for the Commission.

Machinery of Government (Miscellaneous Amendments) Act 2006

Part 17	Treasurer, and Government Enterprises
Division 5	Insurance Commission of Western Australia Act 1986
s. 425

(2)	The regulations may make provision for the following —

(a)	the manner and form in which the board of commissioners is to prepare, submit, revise or modify a strategic development plan or statement of corporate intent;
(b)	the period a strategic development plan or statement of corporate intent is to cover;
(c)	the matters to be set out in a strategic development plan or statement of corporate intent;
(d)	the functions of the board of commissioners, the Minister and the Treasurer in relation to the development, approval or modification of a strategic development plan or statement of corporate intent;
(e)	the operation of a strategic development plan or statement of corporate intent.

(3)	If a regulation referred to in subsection (2) enables the Minister to give directions to the board of commissioners, the Minister must cause a copy of a direction given under the regulation to be laid before each House of Parliament or be dealt with in accordance with section 14C —

(a)	within 14 days after the direction is given; or
(b)	section 17 of the Statutory Corporations

if the direction is the subject of a notice under 14 days after it is confirmed under that section.

(4)	Regulations referred to in subsection (2) are not to be made except with the Treasurer’s concurrence.

Machinery of Government (Miscellaneous Amendments) Act 2006

Treasurer, and Government Enterprises Lotteries Commission Act 1990

Part 17 Division 6

s. 426

14C.

Laying directions about strategic development plan or statement of corporate intent before Parliament

(1) If —

(a)	a House of Parliament is not sitting at the commencement of the applicable period referred to in section 14B(3) in respect of a direction; and
(b)	the Minister is of the opinion that that House will not sit during that period,

the Minister is to transmit a copy of the direction to the

Clerk of that House.

(2)

A copy of a direction transmitted to the Clerk of a House is to be taken to have been laid before that House.

(3)

The laying of a copy of a direction that is regarded as

having occurred under subsection (2) 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

received the copy.

(4)

The text of a direction referred to in section 14B(3) is

to be included in the annual report submitted by the

accountable authority of the Commission under

section 66 of the Financial Administration and Audit

Act 1985.

”.

Division 6 — Lotteries Commission Act 1990

426. The Act amended

The amendments in this Division are to the Lotteries

Commission Act 1990*.

[* Reprinted as at 6 August 1999.]

Machinery of Government (Miscellaneous Amendments) Act 2006

Part 17	Treasurer, and Government Enterprises
Division 6	Lotteries Commission Act 1990
s. 427

427. Sections 8A, 8B and 8C inserted

After section 8 the following sections are inserted —

“

8A.

Duty to observe policy instruments

The Commission is to perform its functions in

accordance with its strategic development plan and its

statement of corporate intent as existing from time to

time.

8B.

Strategic development plan and statement of

corporate intent

(1)	The members of the Commission must, at the prescribed times, prepare and submit to the Minister —

(a)	a strategic development plan for the Commission; and
(b)	a statement of corporate intent for the Commission.

(2)	The regulations may make provision for the following —

(a)	the manner and form in which the members of the Commission are to prepare, submit, revise or modify a strategic development plan or

statement of corporate intent;

(b)	the period a strategic development plan or statement of corporate intent is to cover;
(c)	the matters to be set out in a strategic development plan or statement of corporate intent;
(d)	the functions of the members of the Commission, the Minister and the Treasurer in relation to the development, approval or

Machinery of Government (Miscellaneous Amendments) Act 2006

Treasurer, and Government Enterprises Lotteries Commission Act 1990

Part 17 Division 6

s. 427

modification of a strategic development plan or

statement of corporate intent;

(e)	the operation of a strategic development plan or statement of corporate intent.

(3)	If a regulation referred to in subsection (2) enables the Minister to give directions to the members of the Commission, the Minister must cause a copy of a direction given under the regulation to be laid before each House of Parliament or be dealt with in accordance with section 8C —

(a)	within 14 days after the direction is given; or
(b)	section 17 of the Statutory Corporations

if the direction is the subject of a notice under 14 days after it is confirmed under that section.

(4)	Regulations referred to in subsection (2) are not to be made except with the Treasurer’s concurrence.

8C.

Laying directions about strategic development plan or statement of corporate intent before Parliament

(1) If —

(a)	a House of Parliament is not sitting at the commencement of the applicable period referred to in section 8B(3) in respect of a direction; and
(b)	the Minister is of the opinion that that House will not sit during that period,

the Minister is to transmit a copy of the direction to the

Clerk of that House.

(2)	A copy of a direction transmitted to the Clerk of a House is to be taken to have been laid before that House.

Machinery of Government (Miscellaneous Amendments) Act 2006

Part 17	Treasurer, and Government Enterprises
Division 7	Parliamentary Superannuation Act 1970
s. 428

(3)

The laying of a copy of a direction that is regarded as

having occurred under subsection (2) 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

received the copy.

(4)

The text of a direction referred to in section 8B(3) is to

be included in the annual report submitted by the

accountable authority of the Commission under

section 66 of the Financial Administration and Audit

Act 1985.

”.

428. Section 22 amended

Section 22(1) is amended by deleting “at the Treasury forming”

and inserting instead —

“ , as ”.

Division 7 — Parliamentary Superannuation Act 1970

429. The Act amended

The amendments in this Division are to the Parliamentary

Superannuation Act 1970*.

[* Reprint 3 as at 4 April 2003.]

430. Section 6 amended

(1)	Section 6(3)(a) is amended by deleting “Treasurer” and inserting instead —
“ Minister ”.
(2)	Section 6(5) is amended by deleting “Treasurer” in both places where it occurs and inserting instead —
“ Minister ”.
*Machinery of Government (Miscellaneous Amendments) Act 2006*

Treasurer, and Government Enterprises

Part 17

Rates and Charges (Rebates and Deferments) Act 1992

Division 8

s. 431

Division 8 — Rates and Charges (Rebates and Deferments)

Act 1992

431. The Act amended

The amendments in this Division are to the Rates and Charges

(Rebates and Deferments) Act 1992*.

[* Reprinted as at 19 May 2000.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 379.]

432. Section 46 amended

Section 46(2) is amended by deleting “The State Housing Commission” in both places where it occurs and inserting instead —

“ the Housing Authority ”.

Division 9 — State Superannuation Act 2000

433. The Act amended

The amendment in this Division is to the State Superannuation

Act 2000*.

[* Act No. 42 of 2000.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 428.]

434. Sections 33A, 33B and 33C inserted

After section 33 the following sections are inserted —

“

33A.

Duty to observe policy instruments

The Board is to perform its functions in accordance

with its strategic development plan and its statement of

corporate intent as existing from time to time.

Machinery of Government (Miscellaneous Amendments) Act 2006

Part 17	Treasurer, and Government Enterprises
Division 9	State Superannuation Act 2000
s. 434

33B.

Strategic development plan and statement of

corporate intent

(1)	The Board must, at the prescribed times, prepare and submit to the Minister —

(a)	a strategic development plan for the Board; and
(b)	a statement of corporate intent for the Board.

(2)	The regulations may make provision for the following —

(a)	the manner and form in which the Board is to prepare, submit, revise or modify a strategic development plan or statement of corporate intent;
(b)	the period a strategic development plan or statement of corporate intent is to cover;
(c)	the matters to be set out in a strategic development plan or statement of corporate intent;
(d)	the functions of the Board, the Minister and the Treasurer in relation to the development, approval or modification of a strategic development plan or statement of corporate intent;
(e)	the operation of a strategic development plan or statement of corporate intent.

(3)	If a regulation referred to in subsection (2) enables the Minister to give directions to the Board, the Minister must cause a copy of a direction given under the regulation to be laid before each House of Parliament or be dealt with in accordance with section 33C —

(a)	within 14 days after the direction is given; or
(b)	if the direction is the subject of a notice under section 17 of the Statutory Corporations

Machinery of Government (Miscellaneous Amendments) Act 2006

Treasurer, and Government Enterprises State Superannuation Act 2000

Part 17 Division 9

s. 434

(Liability of Directors) Act 1996, within

14 days after it is confirmed under that section.

(4)	Regulations referred to in subsection (2) are not to be made except with the Treasurer’s concurrence.

33C.

Laying directions about strategic development plan or statement of corporate intent before Parliament

(1) If —

(a)	a House of Parliament is not sitting at the commencement of the applicable period referred to in section 33B(3) in respect of a direction; and
(b)	the Minister is of the opinion that that House will not sit during that period,

the Minister is to transmit a copy of the direction to the

Clerk of that House.

(2)

A copy of a direction transmitted to the Clerk of a House is to be taken to have been laid before that House.

(3)

The laying of a copy of a direction that is regarded as

having occurred under subsection (2) 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

received the copy.

(4)

The text of a direction referred to in section 33B(3) is

to be included in the annual report submitted by the

accountable authority of the Board under section 66 of

the Financial Administration and Audit Act 1985.

”.

Machinery of Government (Miscellaneous Amendments) Act 2006

Part 17	Treasurer, and Government Enterprises
Division 10	State Supply Commission Act 1991
s. 435

Division 10 — State Supply Commission Act 1991

435. The Act amended

The amendment in this Division is to the State Supply

Commission Act 1991*.

[* Reprinted as at 7 June 2002.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 429.]

436. Section 30 amended

Section 30(2) is amended by deleting “at the Treasury”.

Division 11 — Western Australian Treasury Corporation

Act 1986

437. The Act amended

The amendments in this Division are to the Western Australian

Treasury Corporation Act 1986*.

[* Reprinted as at 5 January 2001.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 499.]

438. Section 3 amended

Section 3(1) is amended by inserting the following definition in

the appropriate alphabetical position —

“

“Treasury” means the department of the Public

Service of which the Under Treasurer is the chief executive officer;

”.

439. Section 5B amended

Section 5B(1)(c) is amended by inserting before “for the time

being” —

Machinery of Government (Miscellaneous Amendments) Act 2006

Treasurer, and Government Enterprises

Part 17

Western Australian Treasury Corporation Act 1986

Division 11

s. 440

“ of the Corporation ”.

440. Section 8A amended

Section 8A is amended by inserting after “officer” —

“ of the Corporation ”.

441. Section 9B inserted

After section 9A the following section is inserted —

“

9B.

Duty to observe policy instruments

The Corporation is to perform its functions in

accordance with its strategic development plan and its

statement of corporate intent as existing from time to

time.

”.

442. Section 10 amended

Section 10(2)(fa)(xii) is amended by deleting “Treasurer” and

inserting instead —

“ Minister, with the concurrence of the Treasurer, ”.

443. Section 16HA inserted

After section 16H the following section is inserted —

“

16HA. Concurrence of Treasurer

The Minister is not to —

(a)	agree to a draft strategic development plan under section 16G; or
(b)	agree to or direct any modification of a strategic development plan under section 16H,

except with the concurrence of the Treasurer.

Machinery of Government (Miscellaneous Amendments) Act 2006

Part 17	Treasurer, and Government Enterprises
Division 11	Western Australian Treasury Corporation Act 1986
s. 444

”.

444. Section 16PA inserted

After section 16P the following section is inserted —

“

16PA.	Concurrence of Treasurer
The Minister is not to —

(a)	agree to a draft statement of corporate intent under section 16O; or
(b)	agree to or direct any modification of a statement of corporate intent under section 16P,

except with the concurrence of the Treasurer.

”.

445. Section 17A amended

Section 17A(3) is amended by deleting “Treasurer” and

inserting instead —

“ Minister, with the concurrence of the Treasurer, ”.

446. Section 18 amended

Section 18(1a) is amended in the definition of “eligible person”

in paragraph (a) by inserting after “officer” —

“ of the Corporation ”.

447. Section 21A amended

After section 21A(3) the following subsection is inserted —

“

(3a)	This section also applies as if each reference in it to the Treasurer were instead a reference to the Minister.

”.

Machinery of Government (Miscellaneous Amendments) Act 2006

Treasurer, and Government Enterprises

Part 17

Western Australian Treasury Corporation Act 1986

Division 11

s. 448

448. Section 21B amended

After section 21B(3) the following subsection is inserted —

“

(3a)	The Corporation must give a copy of each quarterly report to the Treasurer.

”.

449. Schedule 2 amended

Schedule 2 clause 5 is amended by inserting after “officer,” in

the second place where it occurs —

“ of the Corporation ”.

450. Various references to Treasurer changed to Minister

Each provision listed in the Table to this section is amended by deleting “Treasurer” in each place where it occurs and inserting instead —

“ Minister ”.

Table

s. 5B(1)(d)	s. 16N(1) and (2)
s. 5D	s. 16O(1), (2) and (3)
s. 8(3)	s. 16P(1), (2), (3) and (4)
s. 16A(1)	s. 16Q(1)
s. 16C(3)	s. 17A(2)
s. 16D	s. 19(1) and (2)
s. 16E(1), (3) and (5)	s. 20(1) and (2)
s. 16F(1) and (2)	s. 21B(1), (3) and (4)
s. 16G	Sch. 2 cl. 2(1) and (2)
s. 16H(1), (2), (3) and (4)	Sch. 2 cl. 6(1) and (2)
s. 16I	Sch. 2 cl. 15(2)
s. 16K(2) and (3)	Sch. 2 cl. 20(2)

Machinery of Government (Miscellaneous Amendments) Act 2006

Part 17	Treasurer, and Government Enterprises
Division 12	Transitional provisions
s. 451

s. 16L	Sch. 2 cl. 21(1) and (2)
s. 16M(1), (3) and (5)

Note:

The heading to section 21A will be altered by inserting “and Minister”

after “Treasurer”.

The headings to sections 16A, 16I, 19 and 20 and to Schedule 2

clause 21 will be altered by deleting “Treasurer” and inserting instead

“Minister”.

The headings to sections 16E, 16G, 16M and 16O will be altered by

deleting “Treasurer’s” and inserting instead “Minister’s”.

Division 12 — Transitional provisions

451. Western Australian Treasury Corporation Act 1986 and Gold Corporation Act 1987

(1)	A thing done by the Treasurer before commencement under, or for the purposes of —

(a)	section 10(2)(fa)(xii) or 17A(3) of the Western Australian Treasury Corporation Act 1986; or
(b)	section 16(1)(a) or (b) or 21(1) of the Gold Corporation Act 1987,

has the same effect after commencement, to the extent that it

has any force or significance after commencement, as if it had

been done by the Minister with the concurrence of the

Treasurer.

(2)	A thing done or omitted to be done by, to or in relation to, the Treasurer before commencement under, or for the purposes of —

(a)	a provision of the Western Australian Treasury Corporation Act 1986 amended by section 450; or
(b)	section 16(2)(a) or 21(2), (4), (5) or (6) of the Gold Corporation Act 1987,

Machinery of Government (Miscellaneous Amendments) Act 2006

Treasurer, and Government Enterprises

Part 17

Transitional provisions

Division 12

s. 451

has the same effect after commencement, to the extent that it

has any force or significance after commencement, as if it had

been done or omitted by, to or in relation to, the Minister.

(3)	In this section —
“commencement” means the time at which this Division comes

into operation;

“Minister” means the Minister to whom the administration of the Western Australian Treasury Corporation Act 1986 is committed.

Machinery of Government (Miscellaneous Amendments) Act 2006

Part 18	Various references to Permanent Head amended
s. 452

Part 18 — Various references to Permanent

Head amended

452. Various references to Permanent Head changed to chief executive officer

(1)	Each provision listed in the Table to this subsection is amended by deleting “Permanent Head” in each place where it occurs and inserting instead —
“ chief executive officer ”.

Table

Country Areas Water Supply Act 1947	s. 85(7)
s. 120(1)(b)(iv)
Dental Act 1939	s. 51A(2)(a)
Equal Opportunity Act 1984	s. 141(a)
Housing Loan Guarantee Act 1957	s. 6(1)

(2)	Each provision listed in the Table to this subsection is amended by deleting “permanent head” in each place where it occurs and inserting instead —
“ chief executive officer ”.

Table

Industrial Training Act 1975	s. 7
s. 37E(1) and (2)
Street Alignment Act 1844	s. 7

Machinery of Government (Miscellaneous Amendments) Act 2006

General transitional provisions	Part 19
s. 453

Part 19 — General transitional provisions

453. References to Department by a former name

(1)

If —

(a)	a written law refers, or is to be taken to refer, to a department of the Public Service by a title that was given by a provision of an Act (the “principal Act”); and
(b)	the provision has been amended to remove that title, or has been repealed, by this Act,

then, on and after the day on which this Act comes into operation, the reference has effect as a reference to the department of the Public Service principally assisting in the

administration of the principal Act.

(2)	Subsection (1) does not apply if a contrary intention appears or the context otherwise requires.

454. References to chief executive officer by a former name

(1)

If —

(a)	a written law refers, or is to be taken to refer, to a chief executive officer by a title that was given by a provision of an Act (the “principal Act”); and
(b)	the provision has been amended to remove that title, or has been repealed, by this Act,

then, on and after the day on which this Act comes into

operation, the reference has effect as a reference to the chief

executive officer within the meaning of the principal Act.

(2)	Subsection (1) does not apply if a contrary intention appears or the context otherwise requires.

By Authority: JOHN A. STRIJK, Government Printer