Parliamentary Commissioner Amendment Act 1982 (WA)
WESTERN AUSTRALIA.
PARLIAMENTARY COMMISSIONER.
No. 13 of 1982.
AN ACT to amend the Parliamentary Commissioner
Act 1971-1976.
[Assented to 14 May 1982.1
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 Parliamentary Mirgittlieon
Commissioner Amendment Act 1982.
(2) In this Act the Parliamentary Commissioner wo. 64 of
| Act 1971-1976 is referred to as the principal Act. | amended |
| by Act No 68 | |
| of 1976. |
| (3) | The principal Act as amended by this Act may |
be cited as the Parliamentary Commissioner Act
1971-1982.
| No. 13.] Parliamentary Commissioner. | [1982. |
Section 4
| amended. | 2. | Section 4 of the principal Act is amended by |
inserting after the definition of "department of the
Public Service" the following definition
CC "Deputy Commissioner" means the Deputy
Parliamentary Commissioner for Administrative Investigations appointed under this Act; " .
Section 5
| amended. | 3. | Section 5 of the principal Act is amended |
| (a) | by inserting after subsection (1) the follow- ing subsection |
(la) The Commissioner shall be assisted by a Deputy Commissioner, to be known as the Deputy Parliamentary Commissioner for Administrative Investigations. " ;
| (b) | in subsection (2), by inserting after "Commissioner" the following- |
" and Deputy Commissioner " ;
(c) in subsection (3)-
(i) by inserting after "The Commis- sioner", the following-
" and Deputy Commissioner " ;
(ii) by deleting "he may," and substitut- ing the following-
" either the Commissioner or the
Deputy Commissioner may, " ;
and
| (iii) | by inserting after "as Commissioner" the following- |
" or Deputy Commissioner, as the
case requires "
| (d) | in subsection (4), by inserting after "Com- missioner" the following- |
" or Deputy Commissioner " ;
Parliamentary Commissioner. [No. 13. (e) in subsection (5)-
1982.]
(i) by inserting after "The Commis- sioner" the following-
" and Deputy Commissioner " ;
(ii) by inserting after "of the Commis- sioner" the following-
" or the Deputy Commissioner, as
the case requires " ; and
(iii) by deleting "his term of office." and substituting the following-
" the term of office of the Commis-
sioner or the Deputy Commis-
sioner, as the case requires. " •
(f) in subsection (6), by inserting after
"Commissioner" the following-
" or Deputy Commissioner " ;
| (g) | in subsection (7), by deleting "is entitled" and substituting the following- |
" and Deputy Commissioner are
entitled " ;
(h) in subsection (8)-
(i) by inserting after "Commissioner" where it occurs for the first and second times, the following-
" or Deputy Commissioner "
and
(ii) by inserting after "Commissioner" where it occurs for the third time, the following-
" or Deputy Commissioner, as the
case requires "
(i) in subsection (9)-
| (i) | by inserting after "The Commis- sioner" the following- |
" or Deputy Commissioner " ;
| No. 13.] Parliamentary Commissioner. | [1982. |
| (ii) | by inserting after "as Commissioner" the following- |
" or Deputy Commissioner, as the
case requires " ; and
(iii) by inserting after "the Commis- sioner" the following-
" or Deputy Commissioner " ;
and
| (j) | in subsection (10), by inserting after "Commissioner" the following- |
" or Deputy Commissioner " .
Section 6
| amended. | 4. Section 6 of the principal Act is amended |
| (a) | in subsections (1) and (3), by inserting after "Commissioner" wherever it occurs the following- |
" or Deputy Commissioner " ; and
(b) in subsection (2)-
(i) by inserting after "Commissioner", where it occurs for the first time, the following-
" or Deputy Commissioner
and
(ii) by inserting after "Commissioner" where it occurs for the second time the following-
" or Deputy Commissioner, as the
case requires, " .
Section 6A
| inserted, | 5. After section 6 of the principal Act the |
following section is inserted-
| Deputy | C< 6A. (1) The Deputy Commissioner shall |
| Parlia- | |
| mentary |
| Commis- | perform such duties as the Commissioner |
| sioner. | directs. |
(2) Subject to section 7, when
| (a) | the Commissioner is absent from duty for any reason or is absent from the State; |
| 1982.] | Parliamentary Commissioner. [No. 13. | |
|
(c) the office of Commissioner is vacant, the Deputy Commissioner shall act in the office of the Commissioner during the absence, suspension or vacancy and he may, while so acting, exercise all the powers and functions, and shall perform all the duties, of the Commissioner. "
Section 7
6. Section 7 of the principal Act is amended— amended.
|
(2) An Acting Commissioner may be
appointed
| (a) | when the Commissioner is absent from duty for any reason or is absent from the State; |
| (b) | when the Commissioner has been suspended; |
| (c) | when the office of Commis- |
sioner is vacant; or
| (d) | in such other case or circumstances as may be specified in Rules of Parliament. |
(2a) The Acting Commissioner, while so acting, may exercise the functions of the Commissioner, and anything done by the Acting Commissioner in so exercising those functions has the like effect as if it were done by the Commissioner. " ; and
| (b) | in subsection (3), by inserting after "remuneration," the following- |
" leave of absence and " .
| No. 13.] Parliamentary Commissioner. | [1982. |
Section 8
| amended. | 7. Section 8 (1) of the principal Act is amended by inserting after "the Commissioner" the following- |
" , the Deputy Commissioner " .
Section 10
| amended. | 8. Section 10 of the principal Act is amended |
| (a) | in subsection (1), by inserting after "the Commissioner," the following- |
" the Deputy Commissioner, "
| (b) | in subsection (2), by inserting after "The Commissioner" the following- |
. , the Deputy Commissioner " ;
| (c) | in subsection (3), by inserting after "office of Commissioner" the following- |
" , Deputy Commissioner " ; and
| (d) | in subsection (4), by inserting after "office of Commissioner" the following- |
" , Deputy Commissioner " .
Section 13
| amended. | 9. Section 13 (2) of the principal Act is |
amended
| (a) | in paragraph (a), by inserting after "of Western Australia" the following- |
. , the Family Court of Western
Australia " ; and
| (b) | by deleting paragraph (b) and substituting the following paragraph |
if
| (b) | a Judge of the Supreme Court, of The District Court of Western Australia or of the Family Court of Western Australia or any person acting in the office, or executing the functions of, the Master of the Supreme Court, the Principal Registrar or a Registrar of the Supreme Court, the Registrar of |
| 1982.] | Parliamentary Commissioner. [No. 13. the District Court, or the Registrar or a Deputy Registrar of the Family Court; " . |
10. The Schedule to the principal Act is deleted MI:feted.
and the following Schedule is substituted
THE SCHEDULE
(Section 13.)
Government Departments and other Authorities
to which this Act applies.
All departments of the Public Service, but excluding
therefrom
| (a) | officers of the establishment of the Gov- ernor; and |
| (b) | the Agent General and officers employed in his office. |
Local Authorities, namely
| (a) | the council of each city, town or shire, and any committee of, or appointed by, any such council, and any regional council under the Local Government Act 1960; |
| (b) | a commissioner of a municipality appointed under the Local Government Act 1960; |
| (c) | any other body constituted under an enact- ment that has the power to levy, or cause to be levied, a rate on or with respect to, land. |
Western Australian Meat Commission constituted under the Abattoirs Act 1909.
Agriculture Protection Board constituted under the Agriculture Protection Board Act 1950 and any regional advisory committee or zone control auth- ority constituted under the Agriculture and Related Resources Protection Act 1976.
Albany Port Authority constituted under the Albany Port Authority Act 1926.
| No. 13.] Parliamentary Commissioner. | [1982. |
Western Australian Alcohol and Drug Authority consti- tuted under the Alcohol and Drug Authority Act 1974.
Animal Resources Authority established under the
Animal Resources Authority Act 1981.
The Board of the Art Gallery of Western Australia
constituted under the Art Gallery Act 1959.
Artificial Breeding Board constituted under the Artificial
Breeding Board Act 1965.
Beekeepers' Compensation Fund Committee constituted
under the Bee Industry Compensation Act 1953.
Builders' Registration Board of Western Australia con-
stituted under the Builders' Registration Act 1939.
Registrar of Building Societies holding office under the
Building Societies Act 1976.
Bunbury Port Authority constituted under the Bunbury
Port Authority Act 1909.
Bush Fires Board and bush fire brigades constituted
under the Bush Fires Act 1954.
Carnarvon Banana Industry Compensation Committee constituted under the Carnarvon Banana Industry (Compensation Trust Fund) Act 1961.
The Trustees of a Public Cemetery under the Cemeteries
Act 1897.
Air Pollution Control Council and the Scientific Advisory
Committee established under the Clean Air Act 1964.
Coal Mine Workers' Pensions Tribunal established under
the Coal Mine Workers (Pensions) Act 1943.
The Coal Miners' Welfare Board of Western Australia established under the Coal Miners' Welfare Act 1947.
Construction Safety Advisory Board constituted under
the Construction Safety Act 1972.
Consumer Products Safety Committee established under
the Consumer Affairs Act 1971.
Country High School Hostels Authority established under the Country High School Hostels Authority Act 1960.
Registrar of Credit Unions holding office under the
Credit Unions Act 1979.
Dairy Industry Authority of Western Australia
constituted under the Dairy Industry Act 1973.
| 1982.] | Parliamentary Commissioner. [No. 13. |
Dried Fruits Board constituted under the Dried Fruits
Act 1947.
Education Department and Board of Secondary Education constituted under the Education Act 1928.
Esperance Port Authority constituted under the
Esperance Port Authority Act 1968.
Factory Welfare Board, Holiday Resorts Advisory Committee and Retail Trade Advisory and Control Committee established under the Factories and Shops Act 1963.
Finance Brokers Supervisory Board constituted under
the Finance Brokers Control Act 1975.
Western Australian Fire Brigades Board constituted
under the Fire Brigades Act 1942.
Fremantle Port Authority constituted under the
Fremantle Port Authority Act 1902.
Insurance Brokers Licensing Board constituted under
the General Insurance Brokers and Agents Act 1981.
Geraldton Port Authority constituted under the
Geraldton Port Authority Act 1968.
Government Employees' Housing Authority established under the Government Employees' Housing Act 1964.
The Promotions Appeal Board established under the Government Employees (Promotions Appeal Board) Act 1945.
Western Australian Government Railways Commission constituted under the Government Railways Act 1904.
The Grain Pool of W.A. constituted under the Grain
Marketing Act 1975.
Hairdressers Registration Board of Western Australia established under the Hairdressers Registration Act 1946.
Honey Pool of Western Australia constituted under the
Honey Pool Act 1978.
Any Board within the meaning of the Hospitals Act
1927.
The State Housing Commission preserved and continued
under the Housing Act 1980.
Advisory Committee established under section 6 of the
Industrial Development (Kwinana Area) Act 1952.
| No. 13.] Parliamentary Commissioner. | [1982. |
The Land Resumptions for Industries Committee established under section 4 of the Industrial Development (Resumption of Land) Act 1945.
Industrial Training Advisory Council and any industrial training advisory board established under the Industrial Training Act 1975.
The Industries Assistance Board constituted under the
Industries Assistance Act 1915.
Joondalup Development Corporation established under
the Joondalup Centre Act 1976.
Benger Drainage Board constituted under the Land
Drainage Act 1925.
Land Valuers Licensing Board constituted under the
Land Valuers Licensing Act 1978.
The Library Board of Western Australia constituted under the Library Board of Western Australia Act 1951.
The Land Surveyors Licensing Board constituted under
the Licensed Surveyors Act 1909.
Keep Australia Beautiful Council (W.A.) established
under the Litter Act 1979.
Local Government Superannuation Board established under the Local Government Superannuation Act 1980.
Lotteries Commission constituted under the Lotteries
(Control) Act 1954.
Commissioner of Main Roads appointed under the Main
Roads Act 1930.
Machinery Safety Advisory Board constituted under the
Machinery Safety Act 1974.
Western Australian Egg Marketing Board constituted
under the Marketing of Eggs Act 1945.
Western Australian Potato Marketing Board constituted
under the Marketing of Potatoes Act 1946.
Every Board of Visitors under the Mental Health Act
1962.
Metropolitan Market Trust constituted under the Metro-
politan Market Act 1926.
Metropolitan (Perth) Passenger Transport Trust consti- tuted under the Metropolitan (Perth) Passenger Transport Trust Act 1957.
| 1982.] | Parliamentary Commissioner. [No. 13. |
The Metropolitan Region Planning Authority constituted under the Metropolitan Region Town Planning Scheme Act 1959.
Metropolitan Water Supply, Sewerage and Drainage Board established under the Metropolitan Water Supply, Sewerage, and Drainage Act 1909.
Mine Workers' Relief Board constituted under the Mine
Workers' Relief Act 1932.
Motor Vehicle Dealers Licensing Board constituted under
the Motor Vehicle Dealers Act 1973.
The Motor Vehicle Insurance Trust constituted under
the Motor Vehicle (Third Party Insurance) Act 1943.
Murdoch University established under the Murdoch Uni- versity Act 1973.
The Western Australian Museum Board constituted
under the Museum Act 1969.
National Parks Authority constituted under the National Parks Authority Act 1976.
Painters' Registration Board constituted under the Painters' Registration Act 1961.
The Trustees of the Parliamentary Superannuation Fund
under the Parliamentary Superannuation Act 1970.
An authorized officer appointed under the Petroleum Products Subsidy Act 1965.
Poisons Advisory Committee constituted under the
Poisons Act 1964.
The Police Department.
Port Hedland Port Authority constituted under the Port
Hedland Port Authority Act 1970.
Potato Growing Industry Trust Fund Advisory Committee constituted under the Potato Growing Industry Trust Fund Act 1947.
Poultry Industry Trust Fund Committee constituted
under the Poultry Industry (Trust Fund) Act 1948.
The Public Service Board established under the Public
Service Act 1978.
Real Estate and Business Agents Supervisory Board constituted under the Real Estate and Business Agents Act 1978.
Rural Housing Authority constituted under the Rural Housing (Assistance) Act 1976.
Rural Youth Movement Council constituted under the Rural Youth Movement Act 1955.
| No. 13.] Parliamentary Commissioner. | [1982. |
Settlement Agents Supervisory Board constituted under
the Settlement Agents Act 1981.
The State Energy Commission of Western Australia preserved and continued by the State Energy Commission Act 1979.
The State Government Insurance Office constituted under the State Government Insurance Office Act 1938.
State Tender Board of Western Australia established
under the State Tender Board Act 1965.
Superannuation Board constituted under the
Superannuation and Family Benefits Act 1938.
Taxi Control Board constituted under the Taxi-cars
(Co-ordination and Control) Act 1963.
Totalisator Agency Board constituted under the
Totalisator Agency Board Betting Act 1960.
Town Planning Board established under the Town
Planning and Development Act 1928.
Registrar of Trade Associations appointed under the
Trade Associations Registration Act 1959.
The Transport Commission under the Transport Act
1966.
University of Western Australia established under
the University of Western Australia Act 1911.
Bunbury Water Board, Busselton Water Board and Harvey Water Board constituted under the Water Boards Act 1904.
Waterways Commission, Leschenault Inlet Management Authority, Peel Inlet Management Authority and Swan River Management Authority constituted under the Waterways Conservation Act 1976.
Western Australian Coastal Shipping Commission constituted under the Western Australian Coastal Shipping Commission Act 1965.
Western Australian Institute of Technology established under the Western Australian Institute of Technology Act 1966.
The Western Australian Wildlife Authority constituted
under the Wildlife Conservation Act 1950.
Workers' Compensation Board and a Supplementary Workers' Compensation Board constituted, or constituted and continued, under the Workers' Compensation and Assistance Act 1981. " .
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