Machinery of Government (Planning and Infrastructure) Amendment Act 2002 (WA)

Western Australia

Machinery of Government (Planning and Infrastructure) Amendment Act 2002

Western Australia

Machinery of Government (Planning and Infrastructure) Amendment Act 2002

CONTENTS

Part 1 — Preliminary

1.	Short title	3
Part 2 — *Control of Vehicles*

(Off-road Areas) Act 1978

3.	The Act amended	4
4.	Section 3 amended	4
5.	Section 4A replaced by sections 4A and 4B	4

4A.	Delegation	4
4B.	Agreements for performance of functions	5

6.	Section 5 amended	6
7.	Section 11 amended	6
8.	Section 28 amended	6
9.	Section 29 amended	7
10.	Section 34 amended	7
11.	Section 43 amended and transitional provisions	7
Part 3 — *Motor Vehicle Drivers*

Instructors Act 1963

12.	The Act amended	8
13.	Section 3 amended	8
14.	Sections 4 and 4A replaced	8

4.	Delegation	8
4A.	Agreements for performance of functions	9

Machinery of Government (Planning and Infrastructure) Amendment Act

2002

Contents

Part 4 — Motor Vehicle (Third Party

Insurance) Act 1943

15.	The Act amended	11
16.	Section 3 amended	11
17.	Sections 3QA and 3QB inserted	11

3QA.	Agreements for performance of functions	11
3QB.	Delegation	12

Part 5 — Perth Parking Management

Act 1999

18.	The Act amended	14
19.	Section 4 amended	14
20.	Section 5 amended	14
21.	Section 23 amended and transitional provisions	14
Part 6 — *Rail Safety Act 1998*
22.	The Act amended	15
23.	Section 3 amended	15
24.	Section 23 replaced and transitional provisions	15

23.

Rail Safety Accreditation Account

25.

Section 57A inserted

57A.

Delegation

Part 7 — Road Traffic Act 1974

26.	The Act amended	18
27.	Section 5 amended	18
28.	Sections 6A and 6B inserted	18

6A.	Delegation	18
6B.	Agreements for performance of functions	19

Part 8 — Taxi Act 1994

29.	The Act amended	21
30.	Section 3 amended	21
31.	Section 5 amended	22
32.	Section 41 amended and transitional provisions	22
33.	Section 42 repealed	23
34.	Section 44 repealed	23
35.	References to Taxi Industry Development Fund
amended	23

Machinery of Government (Planning and Infrastructure) Amendment Act

2002

Contents

Part 9 — Transport Co-ordination

Act 1966

36.	The Act amended	24
37.	Section 4 amended	24
38.	Part II Division 1 heading replaced	24
39.	Section 7 replaced by sections 6, 6A, and 7	25

6.	Transport Co-ordination Ministerial Body	25
6A.	Purpose and nature of Ministerial Body	25
7.	Execution of documents by Ministerial
Body	25

40.	Section 7A amended	27
41.	Section 7D repealed	27
42.	Section 8 replaced	27

Use of other resources

43.	Section 15 amended	28
44.	Section 15A repealed	28
45.	Part II Division 2 heading replaced	28
46.	Section 15B amended	29
47.	Section 15C replaced	29

15C.

Minister may provide facilities

48.	Section 18 amended	30
49.	Section 18H inserted	30

18H.

Power to borrow

50.	Section 60 amended	31
51.	Section 61 amended	31
52.	Sections 62 and 62A repealed	32
53.	Section 62B amended	32
Part 10 — *Western Australian*

Planning Commission Act 1985

54.	The Act amended	33
55.	Section 5 amended	33
56.	Section 5A amended	34
57.	Section 16 amended	34
58.	Section 19 amended	34
59.	Section 19A inserted	36

19A.

Delegation of ministerial approval

60.

Section 46 amended

Machinery of Government (Planning and Infrastructure) Amendment Act

2002

Contents

Part 11 — Other Acts amended

61. Fines, Penalties and Infringement Notices

Enforcement Act 1994

62.

Government Railways Act 1904

63.

Railways (Access) Act 1998

64.

Sentencing Act 1995

65.

Stamp Act 1921

Part 12 — Transitional matters

66.

Transport Co-ordination Ministerial Body

67. Agreements under former Transport Co-ordination

Act 1966 section 15C

68. Delegations under former Transport Co-ordination

Act 1966 section 18

69.

Regulations about transitional matters

Western Australia

Machinery of Government (Planning and Infrastructure) Amendment Act 2002

No. 7 of 2002

An Act to amend —

•	the *Control of Vehicles (Off-road Areas) Act 1978*;
•	the *Motor Vehicle Drivers Instructors Act 1963*;
•	the *Motor Vehicle (Third Party Insurance) Act 1943*;
•	the *Perth Parking Management Act 1999*;
•	the *Rail Safety Act 1998*;
•	the *Road Traffic Act 1974*;
•	the *Taxi Act 1994*;
•	the **Transport Co-ordination Act 1966; and**
•	the *Western Australian Planning Commission Act 1985*,

in order to facilitate administrative restructuring under the Planning

and Infrastructure portfolio, to amend certain other Acts in

consequence, and for related purposes.

[Assented to 19 June 2002]

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

s. 1

The Parliament of Western Australia enacts as follows:

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Preliminary

Part 1

s. 1

Part 1 — Preliminary

1. Short title

This Act may be cited as the Machinery of Government (Planning and Infrastructure) Amendment Act 2002. 2.

Commencement This Act comes into operation on a day fixed by proclamation.

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Part 2	Control of Vehicles (Off-road Areas) Act 1978
s. 3

Part 2 — Control of Vehicles (Off-road Areas) Act 1978

3. The Act amended

The amendments in this Part are to the Control of Vehicles

(Off-road Areas) Act 1978*.

[* Reprinted as at 5 March 1999.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 91.]

4. Section 3 amended

Section 3(1) is amended as follows:

(a)	by deleting the definition of “Director General” and inserting the following definition instead —

“

“Director General” means the chief executive officer of the department of the Public Service principally assisting the Minister in the administration of this Act;

”;

(b)	by deleting the definition of “Minister”.

5. Section 4A replaced by sections 4A and 4B

Section 4A is repealed and the following sections are inserted

instead —

“

4A.

Delegation

(1)

The Director General may delegate to a person any

power or duty of the Director General under another

provision of this Act.

(2)

The delegation must be in writing signed by the

Director General.

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Control of Vehicles (Off-road Areas) Act 1978

Part 2

s. 5

(3)

If a person is not employed in the Director General’s department, a power or duty can only be delegated to the person under this section if the person has been

approved by the Minister for the purposes of this

section.

(4)

An approval under subsection (3) may be given in

respect of —

(a)	a specified person or persons of a specified class; or
(b)	the holder or holders for the time being of a specified office or class of office.

(5)

A person to whom a power or duty is delegated under

this section cannot delegate that power or duty.

(6)

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.

(7)

Nothing in this section limits the ability of the Director

General to perform a function through an officer or

agent.

4B.

Agreements for performance of functions

(1)

The Director General may enter into an agreement

providing for the Director General’s functions under

this Act that are described in the agreement to be

performed on behalf of the Director General.

(2)

The agreement may be with the Commissioner of Police, a local government, or any other person or body, whether or not the person or body has itself functions of a public nature.

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Part 2	Control of Vehicles (Off-road Areas) Act 1978
s. 6

(3)	A function described in the agreement may be performed —

(a)	in accordance with the agreement; and
(b)	on and subject to terms and conditions in the agreement.

(4)

If the performance of a function is dependent upon the opinion, belief, or state of mind of the Director General it may be performed under the agreement upon the

opinion, belief, or state of mind of the body or person

with whom the agreement is made or another person

provided for in the agreement.

(5)

For the purposes of this Act or any other written law,

an act or thing done by, to, by reference to, or in

relation to, a body or person in connection with the

performance by that body or person under the

agreement of a function of the Director General is as

effectual as if it had been done by, to, by reference to,

or in relation to, the Director General.

”.

6. Section 5 amended

Section 5(2) is repealed.

7. Section 11 amended

Section 11(3) is amended by deleting “to the Director General”.

8. Section 28 amended

Section 28(1) is repealed and the following subsection is

inserted instead —

“

(1)	The scheme of registration of vehicles under this Act is to be administered by the Director General, who is to maintain a separate financial record in relation to that scheme.

”.

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Control of Vehicles (Off-road Areas) Act 1978

Part 2

s. 9

9. Section 29 amended

Section 29(12) is repealed.

10. Section 34 amended

Section 34(2) is amended by deleting “the Director General”

and inserting instead —

“

either the Director General under this Act or the

Director General under that Act

”.

11. Section 43 amended and transitional provisions

(1)	Section 43(3) is amended by deleting “maintained at the Treasury, forming part of the Trust Fund constituted under section 9 of the Financial Administration and Audit Act 1985,” and inserting instead — “

established as a trust account under the Financial

Administration and Audit Act 1985 section 15B

”.

(2)

The balance of the Off-Road Vehicles Account as it was before this section came into operation is to be the opening balance of the account of that name established under the Control of

Vehicles (Off-road Areas) Act 1978 section 43(3) as amended by subsection (1).

(3)

The amount of that opening balance is to be reflected by a

closing entry in the Off-Road Vehicles Account that was, before

this section came into operation, required to be maintained as a

part of the Trust Fund constituted under the Financial

Administration and Audit Act 1985 section 9.

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Part 3

Motor Vehicle Drivers Instructors Act 1963

Part 3 — Motor Vehicle Drivers Instructors Act 1963

12. The Act amended

The amendments in this Part are to the Motor Vehicle Drivers

Instructors Act 1963*.

[* Reprinted as at 12 July 1977.

For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 299, and Act No. 39 of 2000.]

13. Section 3 amended

Section 3 is amended by deleting the definition of “Director

General” and inserting the following definition instead —

“

“Director General” means the chief executive officer of the department of the Public Service principally assisting the Minister in the administration of this Act;

”.

14. Sections 4 and 4A replaced

Sections 4 and 4A are repealed and the following sections are

inserted instead —

“

4. Delegation

(1)	The Director General may delegate to a person any power or duty of the Director General under another provision of this Act.
(2)	The delegation must be in writing signed by the Director General.
(3)	If a person is not employed in the Director General’s department, a power or duty can only be delegated to the person under this section if the person has been
approved by the Minister for the purposes of this section.

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Motor Vehicle Drivers Instructors Act 1963	Part 3
s. 14

(4)	An approval under subsection (3) may be given in respect of —

(a)	a specified person or persons of a specified class; or
(b)	the holder or holders for the time being of a specified office or class of office.

(5)

A person to whom a power or duty is delegated under

this section cannot delegate that power or duty.

(6)

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.

(7)

Nothing in this section limits the ability of the Director

General to perform a function through an officer or

agent.

4A.

Agreements for performance of functions

(1)

The Director General may enter into an agreement

providing for the Director General’s functions under

this Act that are described in the agreement to be

performed on behalf of the Director General.

(2)

The agreement may be with the Commissioner of Police, a local government, or any other person or body, whether or not the person or body has itself functions of a public nature.

(3)

A function described in the agreement may be

performed —

(a)	in accordance with the agreement; and
(b)	on and subject to terms and conditions in the agreement.

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Part 3	Motor Vehicle Drivers Instructors Act 1963
s. 14

(4)

If the performance of a function is dependent upon the opinion, belief, or state of mind of the Director General it may be performed under the agreement upon the

opinion, belief, or state of mind of the body or person

with whom the agreement is made or another person

provided for in the agreement.

(5)

For the purposes of this Act or any other written law,

an act or thing done by, to, by reference to, or in

relation to, a body or person in connection with the

performance by that body or person under the

agreement of a function of the Director General is as

effectual as if it had been done by, to, by reference to,

or in relation to, the Director General.

”.

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Motor Vehicle (Third Party Insurance) Act 1943	Part 4
s. 15

Part 4 — Motor Vehicle (Third Party Insurance)

Act 1943

15. The Act amended

The amendments in this Part are to the Motor Vehicle (Third

Party Insurance) Act 1943*.

[* Reprinted as at 20 November 1998.]

16. Section 3 amended

Section 3(1) is amended as follows:

(a)	by deleting the definition of “Director General” and inserting the following definition instead —

“

“Director General” means the chief executive officer of the department of the Public Service principally assisting in the administration of the provisions of the Road Traffic Act 1974 that section 5 of that Act

defines as the “licensing provisions of this Act”;

”;

(b)	in the definition of “Minister”, by deleting “for Works or such other member of the Executive Council as is”.

17. Sections 3QA and 3QB inserted

After section 3Q, the following sections are inserted —

“

3QA.

Agreements for performance of functions

(1)

The Director General may enter into an agreement

providing for the Director General’s functions under

this Act that are described in the agreement to be

performed on behalf of the Director General.

(2)

The agreement may be with the Commissioner of Police, a local government, or any other person or

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Part 4

Motor Vehicle (Third Party Insurance) Act 1943

s. 17

body, whether or not the person or body has itself

functions of a public nature.

(3)	A function described in the agreement may be performed —

(a)	in accordance with the agreement; and
(b)	on and subject to terms and conditions in the agreement.

(4)

If the performance of a function is dependent upon the opinion, belief, or state of mind of the Director General it may be performed under the agreement upon the

opinion, belief, or state of mind of the body or person

with whom the agreement is made or another person

provided for in the agreement.

(5)

For the purposes of this Act or any other written law,

an act or thing done by, to, by reference to, or in

relation to, a body or person in connection with the

performance by that body or person under the

agreement of a function of the Director General is as

effectual as if it had been done by, to, by reference to,

or in relation to, the Director General.

3QB.

Delegation

(1)	The Director General may delegate to a person any power or duty of the Director General under another provision of this Act.
(2)	The delegation must be in writing signed by the Director General.
(3)	If a person is not employed in the Director General’s department, a power or duty can only be delegated to the person under this section if the person has been
approved by the Minister for the purposes of this section.

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Motor Vehicle (Third Party Insurance) Act 1943	Part 4
s. 17

(4)	An approval under subsection (3) may be given in respect of —

(a)	a specified person or persons of a specified class; or
(b)	the holder or holders for the time being of a specified office or class of office.

(5)

A person to whom a power or duty is delegated under

this section cannot delegate that power or duty.

(6)

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.

(7)

Nothing in this section limits the ability of the Director

General to perform a function through an officer or

agent.

”.

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Part 5	Perth Parking Management Act 1999
s. 18

Part 5 — Perth Parking Management Act 1999

18. The Act amended

The amendments in this Part are to the Perth Parking

Management Act 1999*.

[* Act No. 14 of 1999.]

19. Section 4 amended

Section 4 is amended by deleting the definition of “Minister”.

20. Section 5 amended

Section 5 is amended by deleting “to whom the administration of the Transport Co-ordination Act 1966 is for the time being committed by the Governor”.

21. Section 23 amended and transitional provisions

(1)	Section 23(1) is amended by deleting “as part of the Transport Co-ordination Fund established under section 62 of the Transport Co-ordination Act 1966,” and inserting instead — “

as a trust account under the Financial Administration

and Audit Act 1985 section 15B,

”.

(2)

The balance of the Perth Parking Licensing Account as it was

before this section came into operation is to be the opening

balance of the account of that name established under the Perth

Parking Management Act 1999 section 23(1) as amended by

subsection (1).

(3)

The amount of that opening balance is to be reflected by a

closing entry in the Perth Parking Licensing Account that was,

before this section came into operation, required to be

maintained as a part of the Transport Co-ordination Fund

established under section 62 of the Transport Co-ordination

Act 1966.

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Rail Safety Act 1998	Part 6
s. 22

Part 6 — Rail Safety Act 1998

22. The Act amended

The amendments in this Part are to the Rail Safety Act 1998*.

[* Act No. 32 of 1998.

For subsequent amendments see Act No. 10 of 2001.]

23. Section 3 amended

Section 3(1) is amended as follows:

(a)	by deleting the definition of “Director General” and inserting the following definition instead —

“

“Director General” means the chief executive officer of the department of the Public Service principally assisting the Minister in the administration of this Act;

”;

(b)	by deleting the definition of “Minister”.

24. Section 23 replaced and transitional provisions

(1)	Section 23 is repealed and the following section is inserted instead —

“

23. Rail Safety Accreditation Account

(1)

An account called the “Rail Safety Accreditation

Account” is to be established as a trust account under

the Financial Administration and Audit Act 1985

section 15B.

(2)

The account is to be credited with —

(a)	all fees and charges collected under this Act; and

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Part 6

Rail Safety Act 1998

s. 25

(b)	any amount appropriated by Parliament to, or otherwise lawfully received for, the account.

(3)	The account is to be charged with the costs of administering this Act.

”.

(2)

The Minister may, with the approval of the Treasurer, fix an

amount that is to be the opening balance of the Rail Safety

Accreditation Account established under the Rail Safety

Act 1998 section 23(1) as inserted by subsection (1).

(3)

The amount of that opening balance is to be reflected by a

closing entry in the Transport Co-ordination Fund that was,

before section 52 came into operation, required to be maintained

as a part of the Trust Fund constituted under the Financial

Administration and Audit Act 1985 section 9.

25. Section 57A inserted

In Part 6 Division 2, before section 58, the following section is

inserted —

“

57A.

Delegation

(1)	The Director General may delegate to a person any power or duty of the Director General under another provision of this Act.
(2)	The delegation must be in writing signed by the Director General.
(3)	If a person is not employed in the Director General’s department, a power or duty can only be delegated to the person under this section if the person has been
approved by the Minister for the purposes of this section.

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Rail Safety Act 1998	Part 6
s. 25

(4)	An approval under subsection (3) may be given in respect of —

(a)	a specified person or persons of a specified class; or
(b)	the holder or holders for the time being of a specified office or class of office.

(5)

A person to whom a power or duty is delegated under

this section cannot delegate that power or duty.

(6)

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.

(7)

Nothing in this section limits the ability of the Director

General to perform a function through an officer or agent.

”.

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Part 7	Road Traffic Act 1974
s. 26
Part 7 — *Road Traffic Act 1974*

26. The Act amended

The amendments in this Part are to the Road Traffic Act 1974*.

[* Reprinted as at 19 October 2001.]

27. Section 5 amended

Section 5(1) is amended as follows:

(a)	by deleting the definition of “Director General” and inserting the following definition instead —

“

“Director General” means the chief executive officer of the department of the Public Service principally assisting in the administration of the licensing

provisions of this Act;

”;

(b)	by deleting the definition of “Minister”.

28. Sections 6A and 6B inserted

After section 6, the following sections are inserted —

“

6A.

Delegation

(1)	The Director General may delegate to a person any power or duty of the Director General under another provision of this Act.
(2)	The delegation must be in writing signed by the Director General.
(3)	If a person is not employed in the Director General’s department, a power or duty can only be delegated to the person under this section if the person has been
approved by the Minister for the purposes of this section.

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Road Traffic Act 1974	Part 7
s. 28

(4)	An approval under subsection (3) may be given in respect of —

(a)	a specified person or persons of a specified class; or
(b)	the holder or holders for the time being of a specified office or class of office.

(5)

A person to whom a power or duty is delegated under

this section cannot delegate that power or duty.

(6)

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.

(7)

Nothing in this section limits the ability of the Director

General to perform a function through an officer or

agent.

6B.

Agreements for performance of functions

(1)

The Director General may enter into an agreement

providing for the Director General’s functions under

this Act that are described in the agreement to be

performed on behalf of the Director General.

(2)

The agreement may be with the Commissioner of Police, a local government, or any other person or body, whether or not the person or body has itself functions of a public nature.

(3)

A function described in the agreement may be

performed —

(a)	in accordance with the agreement; and
(b)	on and subject to terms and conditions in the agreement.

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Part 7	Road Traffic Act 1974
s. 28

(4)

If the performance of a function is dependent upon the opinion, belief, or state of mind of the Director General it may be performed under the agreement upon the

opinion, belief, or state of mind of the body or person

with whom the agreement is made or another person

provided for in the agreement.

(5)

For the purposes of this Act or any other written law,

an act or thing done by, to, by reference to, or in

relation to, a body or person in connection with the

performance by that body or person under the

agreement of a function of the Director General is as

effectual as if it had been done by, to, by reference to,

or in relation to, the Director General.

”.

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Taxi Act 1994	Part 8
s. 29

Part 8 — Taxi Act 1994

29. The Act amended

The amendments in this Part are to the Taxi Act 1994*.

[* Act No. 83 of 1994.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 446.]

30. Section 3 amended

Section 3(1) is amended as follows:

(a)	in the definition of “department”, by deleting “the Transport Co-ordination Act 1966” and inserting instead —

“ this Act ”;

(b)	by deleting the definition of “Director General” and inserting the following definition instead —

“

“Director General” means the chief executive officer

of the department;

”;

(c)	by deleting the definition of “Minister”;
(d)	by deleting the definition of “Taxi Industry Development Fund” and inserting the following definition instead —

“

“Taxi Industry Development Account” means the account established as required by section 41(1);

”.

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Part 8	Taxi Act 1994
s. 31

31. Section 5 amended

Section 5(2) is amended by deleting “accountable officer of the

department” and inserting instead —

“ Director General ”.

32. Section 41 amended and transitional provisions

(1)	Section 41(1) is repealed and the following subsection is inserted instead —

“

(1)	An account called the “Taxi Industry Development Account” is to be established as a trust account under the Financial Administration and Audit Act 1985 section 15B.

”.

(2)	Section 41(2)(a), (b), and (e) are deleted.
(3)	Section 41(2)(d) is amended by deleting “Fund” and inserting instead —
“ account ”.
(4)	Section 41(2)(f) is amended by deleting “Fund” in both places where it occurs and inserting instead —
“ account ”.
(5)	Section 41(3) is repealed.
(6)	Section 41(5)(e) is amended by inserting before “section 44” —
“ the former ”.
(7)	The balance of the Taxi Industry Development Fund as it was before this section came into operation is to be the opening balance of the Taxi Industry Development Account established under the Taxi Act 1994 section 41(1) as inserted by subsection (1).

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Taxi Act 1994	Part 8
s. 33

(8)	The amount of that opening balance is to be reflected by a closing entry in the Taxi Industry Development Fund that was, before this section came into operation, required to be maintained as a part of the Trust Fund referred to in the Financial Administration and Audit Act 1985 section 9.

33. Section 42 repealed

Section 42 is repealed.

34. Section 44 repealed

Section 44 is repealed.

35. References to Taxi Industry Development Fund amended

The Act is amended by deleting “Taxi Industry Development

Fund” in each place where it occurs that is specified in the

Table to this section and inserting instead —

“ Taxi Industry Development Account ”.

Table

section 13

section 14(c)

section 41(2), (4), and (5)

section 43(2)

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Part 9	Transport Co-ordination Act 1966
s. 36

Part 9 — Transport Co-ordination Act 1966

36. The Act amended

The amendments in this Part are to the Transport Co-ordination

Act 1966*.

[* Reprinted as at 11 May 2001.]

37. Section 4 amended

Section 4(1) is amended as follows:

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

“

“Ministerial Body” means the Transport

Co-ordination Ministerial Body established by

section 6;

”;

(b)	by deleting the definition of “Director General” and inserting the following definition instead —

“

“Director General” means the chief executive officer

of the Department;

”.

38. Part II Division 1 heading replaced

The heading to Part II Division 1 is deleted and the following

heading is inserted instead —

“ Division 1 — General administration ”.

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Transport Co-ordination Act 1966	Part 9
s. 39

39. Section 7 replaced by sections 6, 6A, and 7

Section 7 is repealed and the following sections are inserted

instead —

“

6. Transport Co-ordination Ministerial Body

(1)	The Transport Co-ordination Ministerial Body is established.
(2)	The Ministerial Body is a body corporate with perpetual succession.
(3)	Proceedings may be taken by or against the Ministerial Body in its corporate name.
(4)	The Ministerial Body is to be governed by the Minister.
(5)	The Ministerial Body is an agent of the State and has the status, immunities, and privileges of the State.

6A.

Purpose and nature of Ministerial Body

(1)

The Ministerial Body is established to provide a body corporate through which the Minister can perform any of the Minister’s functions under this Act that can more

conveniently be performed by a body corporate than an

individual.

(2)

Despite the employment under the Public Sector

Management Act 1994 of ministerial officers for the

purpose of assisting the Minister to perform functions

that the Minister performs through the Ministerial

Body, the Ministerial Body and those officers are not

an organisation for the purposes of that Act.

7. Execution of documents by Ministerial Body

(1)	The Ministerial Body is to have a common seal.

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Part 9	Transport Co-ordination Act 1966
s. 39

(2)	A document is duly executed by the Ministerial Body if —

(a)	the common seal of the Ministerial Body is affixed to it in accordance with subsections (3) and (4);
(b)	it is signed on behalf of the Ministerial Body by the Minister; or
(c)	it is signed on behalf of the Ministerial Body, as authorised under subsection (5), by the Director General or another person.

(3)	The common seal of the Ministerial Body is not to be affixed to a document except as authorised by the Ministerial Body.
(4)	The common seal of the Ministerial Body is to be affixed to a document in the presence of the Minister, and the Minister is to sign the document to attest that the common seal was so affixed.
(5)	The Ministerial Body may, by writing under its seal, authorise the Director General or another person to sign documents on behalf of the Ministerial Body, either generally or subject to any conditions or restrictions specified in the authorisation.
(6)	A document purporting to be executed in accordance with this section is to be presumed to be duly executed until the contrary is shown.
(7)	A document executed by the Director General or another person under this section without the common seal of the Ministerial Body is not to be regarded as a deed unless it is executed as a deed as authorised under subsection (5).
(8)	When a document is produced bearing a seal purporting to be the common seal of the Ministerial

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Transport Co-ordination Act 1966	Part 9
s. 40

Body, it is to be presumed that the seal is the common seal of the Ministerial Body until the contrary is shown.

(9)	For the purposes of this Act, a facsimile of —

(a)	the Ministerial Body’s seal; or
(b)	the signature of the Minister or a person authorised under subsection (5) to execute deeds or other documents,

may be used, and a deed or other document purporting

to be endorsed with such a facsimile is, until the

contrary is shown, to be regarded as bearing the

facsimile under this subsection.

”.

40. Section 7A amended

Section 7A(2) is amended by deleting “by the Minister himself

or”.

41. Section 7D repealed

Section 7D is repealed.

42. Section 8 replaced

Section 8 is repealed and the following section is inserted

instead —

“

8. Use of other resources

(1)	The Director General may, for the purposes of assisting in carrying out the provisions of this Act —

(a)	with the consent of a public authority, use the services of a person employed by the public authority; or

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Part 9

Transport Co-ordination Act 1966

s. 43

(b)	with the consent of the officer’s employing authority, use the services of an officer of the Public Service.

(2)	In subsection (1) —
“employing authority” has the same meaning as it has

in the Public Sector Management Act 1994;

“public authority” means any State instrumentality or

agency or any public statutory body, whether

incorporated or not, established by or under a law

of the State.

(3)	This section does not prevent the operation of section 66 or 100, or any other provision, of the Public Sector Management Act 1994.

”.

43. Section 15 amended

After section 15(1), the following subsection is inserted —

“

(1a)	Without limiting the things that may be delegated under subsection (1), they include things that are to be done in the course of governing the affairs of the Ministerial Body under section 6(4).

”.

44. Section 15A repealed

Section 15A is repealed.

45. Part II Division 2 heading replaced

The heading to Part II Division 2 is deleted and the following

heading is inserted instead —

“ Division 2 — Particular functions ”.

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Transport Co-ordination Act 1966	Part 9
s. 46

46. Section 15B amended

Section 15B(2) is amended as follows:

(a)	by deleting paragraph (h) and inserting the following paragraph instead —

“

(h)	assist the Minister in carrying out the Minister’s functions under this Act;

”;

(b)	by deleting paragraph (j) and inserting the following paragraph instead —

“

(j)	advise the Minister on the administration of the Eastern Goldfields Transport Board Act 1984;

”.

47. Section 15C replaced

Section 15C is repealed and the following section is inserted

instead —

“

15C.

Minister may provide facilities

(1)

The Minister may provide facilities that the Minister

considers to be necessary for the purpose of facilitating

the movement of vehicles, under this Act or any other

Act, in any part of the State.

(2)

The Minister may impose terms and conditions,

including the payment of charges, for the use of any

facilities provided under subsection (1).

(3)

The Minister may dispose of facilities that the Minister

considers to be no longer necessary for the purpose

referred to in subsection (1).

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Part 9	Transport Co-ordination Act 1966
s. 48

(4)	In this section —
“facilities” includes vehicles;
“manage”, in relation to facilities, includes —

(a)	grant a lease of and let on hire; and
(b)	enter into an agreement or arrangement for the management of facilities by some other person;

“provide” includes acquire, establish, maintain,

manage and alter.

”.

48. Section 18 amended

Section 18(1) is amended by deleting “, or any other,”.

49. Section 18H inserted

In Part II Division 4, after section 18G, the following section is

inserted —

“

18H.

Power to borrow

(1)	The Minister may borrow money upon the guarantee of the Treasurer of the State for the purposes of —

(a)	providing premises and other facilities under this Division;
(b)	carrying out the Minister’s functions under this Division; or
(c)	enabling the Director General’s functions under this Division to be performed.

(2)	The Minister may borrow money with the prior approval in writing of the Treasurer and upon terms and conditions that the Treasurer approves, but not otherwise.

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Transport Co-ordination Act 1966	Part 9
s. 50

(3)	This section authorises the Treasurer, for and on behalf of the Crown in right of the State, to give any approval or guarantee that this section requires and the guarantee may include the guarantee of interest.
(4)	Any money borrowed by the Minister under this section may be raised as one loan or as several loans and in any manner that the Treasurer may approve, but the amount of money borrowed in any one year cannot exceed, in the aggregate, an amount that the Treasurer approves.
(5)	Before a guarantee is given by the Treasurer under this section, the Minister must give to the Treasurer any security that the Treasurer requires and execute any instruments necessary for giving that security.
(6)	Money borrowed under this section can only be used for a purpose referred to in subsection (1).
(7)	The due payment of money payable by the Treasurer under a guarantee under this section is to be charged to and paid out of the Consolidated Fund, and this subsection appropriates that fund accordingly.

”.

50. Section 60 amended

Section 60(2)(a) is amended by deleting “Minister’s” and

inserting instead —

“ Ministerial Body’s ”.

51. Section 61 amended

Section 61 is amended as follows:

(a)	by inserting after “by the Minister,” —

“ by the Ministerial Body, ”;

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Part 9	Transport Co-ordination Act 1966
s. 52

(b)	by deleting “the Minister,” before “in good faith” and inserting instead —

“ any of them, ”;

(c)	by inserting after “the Crown, the Minister,” —

“ the Ministerial Body, ”;

(d)	by inserting after “the Minister or” —

“ the Ministerial Body or ”.

52. Sections 62 and 62A repealed

Sections 62 and 62A are repealed.

53. Section 62B amended

Section 62B(2)(b) is deleted.

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Western Australian Planning Commission Act 1985

Part 10

s. 54

Part 10 — Western Australian Planning Commission

Act 1985

54. The Act amended

The amendments in this Part are to the Western Australian

Planning Commission Act 1985*.

[* Reprinted as at 16 March 2001.]

55. Section 5 amended

(1)	Section 5(1)(b) is amended as follows:

(a)	at the beginning of the paragraph, by deleting “5 other members” and inserting instead —

“ 4 other members ”;

(b)	by deleting subparagraph (iii).

(2)	Section 5(1)(c) is amended as follows:

(a)

at the beginning of the paragraph, by deleting “6 other “

the least number of other members who

include —

”;

(b)	by deleting subparagraphs (iii), (iv), and (v) and inserting the following subparagraphs instead —

“

(iv) the person holding or acting in the office of the chief executive officer of the department principally assisting in the administration of the Transport Co-ordination Act 1966;

(v) the person holding or acting in the office of the chief executive officer of

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Part 10	Western Australian Planning Commission Act 1985
s. 56

the department principally assisting in

the administration of the Environmental

Protection Act 1986;

(va)	a person, whether a member under another subparagraph or another person nominated by the Minister, who has experience in the field of urban and regional planning and is employed in an agency, as defined in the Public Sector Management Act 1994, for which the Minister is responsible;

”.

56. Section 5A amended

Section 5A(1)(b) is deleted.

57. Section 16 amended

Section 16(1) is amended by deleting “6 members” and

inserting instead —

“

a number of members equal to at least one half of the

number of members provided for by section 5

”.

58. Section 19 amended

(1)

Section 19(1d)(a) is amended by deleting “is so appointed” and

inserting instead —

“ approved ”.

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Act 2002

Western Australian Planning Commission Act 1985

Part 10

s. 58

(2)	Section 19(1e)(a) is amended as follows:

(a)	by deleting subparagraph (iv) and inserting the following subparagraph instead —

“

(iv) the member of the Commission referred to in section 5(1)(c)(iv), or a person nominated by that member and approved by the Minister;

”;

(b)	by deleting subparagraphs (vi) and (vii).

(3)	Section 19(1g)(a) is amended as follows:

(a)	by deleting subparagraph (ii) and inserting the following subparagraph instead —

“

(ii) each member of the Commission referred to in section 5(1)(c)(i) or (iv), or a person nominated by that member and approved by the Minister;

”;

(b)	by deleting subparagraph (iii) and inserting the following subparagraph instead —

“

(iii) the Coordinator of Energy referred to in section 4 of the Energy Coordination Act 1994 or a person nominated by him or her and approved by the Minister;

”.

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Part 10	Western Australian Planning Commission Act 1985
s. 59

59. Section 19A inserted

After section 19, the following section is inserted —

“

19A.

Delegation of ministerial approval

(1)

The Minister may delegate to a person or body any

function the Minister has of giving or declining to give

approval under section 19.

(2)

The delegation must be in writing signed by the Minister.

”.

60. Section 46 amended

Section 46 is amended by deleting “$500 000” and inserting

instead —

“ $1 000 000 ”.

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Other Acts amended

Part 11

s. 61

Part 11 — Other Acts amended

61. Fines, Penalties and Infringement Notices Enforcement Act 1994

Section 3(1) of the Fines, Penalties and Infringement Notices

Enforcement Act 1994* is amended by deleting the definition of

“Director General” and inserting the following definition

instead —

“

defines as the “licensing provisions of this Act”;

”.

[* Reprinted as at 2 November 2001.

62. Government Railways Act 1904

(1)	The amendments in this section are to the Government Railways Act 1904*.
[* Reprinted as at 7 September 2001.]
(2)	Section 2 is amended by deleting the definition of “Director General”.
(3)	Section 28A(6) is amended as follows:

(a)	by deleting “to the Director General of Transport”;
(b)	by inserting before the full stop at the end of the subsection —

“

to the chief executive officer of the department of the

Public Service principally assisting in the

administration of the Transport Co-ordination

Act 1966

”.

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Act 2002

Part 11	Other Acts amended
s. 63

(4)	Section 28A(7) is amended by deleting “Where the Director General of Transport receives particulars of a service pursuant to subsection (6) the Director General of Transport” and inserting instead — “

The chief executive officer who receives particulars of

a service under subsection (6)

”.

63. Railways (Access) Act 1998

(1)

The amendments in this section are to the Railways (Access)

Act 1998*.

[* Reprinted as at 12 October 2001.]

(2)

Section 14(5) is amended by deleting “Director General of

Transport” and inserting instead —

“

chief executive officer of the department of the Public

Service principally assisting in the administration of

the Transport Co-ordination Act 1966

”.

(3)	Section 14(11) is amended as follows:

(a)	by deleting the semicolon at the end of the definition of “Commissioner” and inserting a full stop instead;
(b)	by deleting the definition of “Director General of Transport”.

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Other Acts amended

Part 11

s. 64

64. Sentencing Act 1995

The Sentencing Act 1995* section 105(3) is amended by

deleting “Director General of Transport (referred to in section 8

of the Transport Co-ordination Act 1966) for the purposes of

administering the licensing provisions of the Road Traffic

Act 1974.” and inserting instead —

“

chief executive officer of the department of the Public

Service principally assisting in the administration of

the provisions of the Road Traffic Act 1974 that

section 5 of that Act defines as the “licensing

provisions of this Act” for the purposes of

administering those provisions.

”.

[* Reprinted as at 4 May 2001.

For subsequent amendments see Acts Nos. 57 of 1999 and 23

and 24 of 2001.]

65. Stamp Act 1921

The Stamp Act 1921* section 76B is amended by deleting the

definition of “Director General” and inserting the following

definition instead —

“

defines as the “licensing provisions of this Act”;

”.

[* Reprinted as at 3 August 2001.]

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Part 12	Transitional matters
s. 66
Part 12 — Transitional matters

66. Transport Co-ordination Ministerial Body

(1)

In relation to the functions that the former body corporate had

for the purposes of the Transport Co-ordination Act 1966 before

section 39 of this Act came into operation, the Transport

Co-ordination Ministerial Body established by section 6 of that

Act as inserted by section 39 of this Act is a continuation of,

and the same legal person as, the former body corporate.

(2)

In this section —

“former body corporate” means the body corporate that was,

before section 39 of this Act came into operation,

constituted by the Minister under the Transport

Co-ordination Act 1966 section 7.

67. Agreements under former Transport Co-ordination Act 1966 section 15C

(1)

To the extent that, immediately before the commencement of

this Act, an agreement under the former section 15C made

provision about the performance of functions of the former

Director General under a relevant Act, the agreement continues,

when this Act comes into operation, as an agreement under the

new provision of the relevant Act.

(2)

To the extent that the agreement continues under subsection (1),

it applies as if —

(a)	instead of being made by the Minister referred to in the former section 15C, the agreement had been made by the Director General referred to in the new provision of the relevant Act; and
(b)	instead of providing for the performance of functions of the former Director General, the agreement made similar provision for the performance of the corresponding

Machinery of Government (Planning and Infrastructure) Amendment

Act 2002

Transitional matters

Part 12

s. 68

functions of the Director General referred to in the new

provision of the relevant Act.

(3)

In this section —

“former Director General” means the Director General of

Transport under the Transport Co-ordination Act 1966

section 8 as in force before it was repealed by this Act;

“former section 15C” means the Transport Co-ordination

Act 1966 section 15C as in force before it was repealed by this Act;

“new provision” means —

(a)	the Control of Vehicles (Off-road Areas) Act 1978 section 4B;
(b)	the Motor Vehicle Drivers Instructors Act 1963 section 4A;
(c)	the Motor Vehicle (Third Party Insurance) Act 1943 section 3QA; or
(d)	the Road Traffic Act 1974 section 6B;

“relevant Act” means —

(a)	the Control of Vehicles (Off-road Areas) Act 1978;
(b)	the Motor Vehicle Drivers Instructors Act 1963;
(c)	the Motor Vehicle (Third Party Insurance) Act 1943; or
(d)	the Road Traffic Act 1974.

68. Delegations under former Transport Co-ordination Act 1966 section 18

(1)

To the extent that, immediately before the commencement of

this Act, a delegation under the former section 18 applied to the

performance of functions or powers of the former Director

General under a relevant Act, the delegation continues, when

this Act comes into operation, as a delegation under the new

provision of the relevant Act.

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Part 12	Transitional matters
s. 68

(2)	To the extent that the delegation continues under subsection (1), it applies as if —

(a)	instead of being made by the former Director General, the delegation had been made by the Director General referred to in the new provision of the relevant Act;
(b)	instead of delegating the performance of functions of the former Director General, the performance of the corresponding functions of the Director General referred to in the new provision of the relevant Act were delegated; and
(c)	any Ministerial approval that would have been required in order for the delegation to be made under the new provision of the relevant Act had been given.

(3)

In this section —

“former Director General” means the Director General of

Transport under the Transport Co-ordination Act 1966

section 8 as in force before it was repealed by this Act;

“former section 18” means the Transport Co-ordination

Act 1966 section 18 as in force before it was amended by this Act;

“new provision” means —

(a)	the Control of Vehicles (Off-road Areas) Act 1978 section 4A;
(b)	the Motor Vehicle Drivers Instructors Act 1963 section 4;
(c)	the Motor Vehicle (Third Party Insurance) Act 1943 section 3QB;
(d)	the Rail Safety Act 1998 section 57A;
(e)	the Road Traffic Act 1974 section 6A; or
(f)	the Transport Co-ordination Act 1966 section 18;

“relevant Act” means —

(a)	the Control of Vehicles (Off-road Areas) Act 1978;

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Transitional matters

Part 12

s. 69

(b)	the Motor Vehicle Drivers Instructors Act 1963;
(c)	the Motor Vehicle (Third Party Insurance) Act 1943;
(d)	the Rail Safety Act 1998;
(e)	the Road Traffic Act 1974; or
(f)	the Transport Co-ordination Act 1966.

69. Regulations about transitional matters

(1)	If there is no sufficient provision in this Act for dealing with a transitional matter, regulations under an Act amended by this Act may include any provision that is required, or is necessary
or convenient, for dealing with the transitional matter.
(2)	In subsection (1) —
“transitional matter” means a matter that needs to be dealt with for the purpose of effecting the transition from the provisions of the Acts amended by this Act as in force

before this Act comes into operation to the provisions of those Acts as in force after this Act comes into operation.

(3)

Regulations including a provision described in subsection (1) may be expressed to have effect before the day on which they are published in the Gazette.

(4)

To the extent that a regulation including a provision described

in subsection (1) may have effect before the day of its

publication in the Gazette, it does not —

(a)	affect in a manner prejudicial to any person (other than the State or an agency of the State), the rights of that person existing before the day of its publication; or
(b)	impose liabilities on any person (other than the State or an agency of the State) in respect of anything done or omitted to be done before the day of its publication.