Painters' Registration Act Amendment Act 1974 (WA)

WESTERN AUSTRALIA.

PAINTERS' REGISTRATION.

No. 68 of 1974.

AN ACT to amend the Painters' Registration Aet,

1961-1970.

[Assented to 9th December, 1974.]

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

1. (1) This Act may be cited as the Painters' Short title and

Registration Act Amendment Act, 1974.	citation.
Act No. 61 of

(2) In this Act the Painters' Registration Act,

1961 as

amended by

1961-1970 is referred to as the principal Act.

Acts Nos. 42

of 1962, 35

of 1963, 75

of 1965, 6 of

(3) The principal Act as amended by this Act 1966 and 59

may be cited as the Painters' Registration Act,	of 1970.
1961-1974.

No. 68.] Painters' Registration. [1974.

Commence-

ment. 2. The provisions of this Act shall come into

operation on such day or days as is or are, respec-

tively, fixed by proclamation.

Section 11

Section 11 of the principal Act is amended by adding after the word "manner" in line three the words "and shall pay the prescribed application fee".

amended. 3.

Section 12

amended. 4.

Subsection (1) of section 12 of the principal Act is amended by deleting paragraph (a) and sub- stituting the following paragraphs

(a) has completed the prescribed course of training and has passed the prescribed examination as laid down by the Board for persons (other than apprentices) who have had five years' practical experience in the painting trade;

(aa) has completed the prescribed course of training and has passed the prescribed examination as laid down under the Industrial Arbitration Act, 1912, for apprentices to the painting trade and has passed the prescribed additional examina- tion laid down by the Board for those persons; .

Section 13

amended. 5. Section 13 of the principal Act is amended

(a)	as to subsection (1), by adding after the word "under" in line three the passage "paragraph (a) of subsection (1) of section twelve of this Act and the additional examination of persons desiring to be registered under paragraph (aa) of subsection (1) of section twelve of"; and
(b)	as to subsection (3), by deleting the words "but not exceeding three pounds three shillings" in lines three and four.

1974.] Painters' Registration. [No. 68.

6. Section 14B of the principal Act is amended— le=odnerB

(a) as to subsection (1)-

(i)  by deleting paragraph (a) and substituting the following para- graph

(a) the painting to be managed and supervised by one of the partners who is registered under this Act or by an employee of the partners who is so registered, and shall cause the standards of work- manship and the materials employed in the painting to be those determined by the partner or the employee so registered; ; and

(ii)  by deleting the passage "One hundred dollars." in the last line and substituting the passage "Four hundred dollars."; and

(b) as to subsection (2)—

(i) by deleting paragraph (a) and substituting the following para- graph

(a) the painting to be managed and supervised by a director of the company or member of the board of management of the body corporate, as the case may be, who is registered under this Act or by an employee who is so registered, and shall cause the standards of workmanship and the materials employed in the painting to be those deter- mined by the director of the company or member of the

No. 68.] Painters' Registration. [1974.

board of management of the body corporate or the employee so registered; ; and

(ii) by deleting the passage "One hundred dollars." in the last line and substituting the passage "Four hundred dollars.".

Section 16

Subsection (1) of section 16 of the principal Act is amended by adding after paragraph (c) a paragraph as follows

amended. 7.

(ca) a registered painter, being a partnership or company or other body corporate, has failed to comply with any provision of section fourteen B of this Act; .

Section 16A

added. 8. The principal Act is amended by adding after

section 16 a section as follows-

Inspection.	16A. (1) Any member of the Board, or any person appointed by the Board for the purpose may, together with any person he thinks competent to assist in making any inspection or examination, enter any premises and therein inspect and examine any painting.
(2) Every member of the Board, and every person appointed by the Board for the purposes of this section, shall be furnished with a certificate in the prescribed form evidencing his appointment and shall produce that certificate whenever required so to do by any person on the premises the subject of his inspection.
(3) Production of a certificate in the prescribed form is conclusive proof in any court of the appointment of the person to whom the certificate relates and of the authority of that person to exercise the powers conferred by this section.

1974.] Painters' Registration. [No. 68.

(4) A person who wilfully obstructs a person exercising the powers conferred by this section commits an offence.

Penalty: Forty dollars. .

Section 21

9. Section 21 of the principal Act is amended by amended.

repealing subsections (1), (2) and (3) and sub-

stituting the following subsections

(1)

There shall be paid by or in respect of

every registered painter such annual registra-

tion fee as is prescribed.

(2) Upon the acceptance of his application for registration a registered painter shall pay to the Board the annual registration fee prescribed under subsection (1) of this section.

(3)

On the first day of February in each year during the continuance of his registration under this Act a registered painter shall pay to the Board the annual registration fee prescribed under subsection (1) of this section. .

Seced. 26A tion

10. The principal Act is amended by adding add

after section 26 a section as follows-

26A. (1) Where a company or other body corporate is convicted of an offence against this Act, every person who at the time of the commission of the offence was a director or member of the governing authority of the company or other body corporate or an officer concerned in the management thereof and who authorised or permitted the commission of the offence is guilty of the like offence.

(2) A person referred to in subsection (1) of this section may, on the request of the complainant, be convicted on the proceedings on which the company or other body corporate is convicted if the court is satisfied that the person had reasonable notice that the complainant intended to make that request. .