State Supply Commission Amendment Act 1995 (WA)

WESTERN AUSTRALIA

STATE SUPPLY COMMISSION

AMENDMENT ACT 1995

No. 32 of 1995

AN ACT to amend the State Supply Commission Act 1991.

[Assented to 29 September 1995]

The Parliament of Western Australia enacts as follows:

Short title

1. This Act may be cited as the State Supply Commission

Amendment Act 1995.

No. 32] State Supply Commission Amendment

Act 1995

Commencement

2. This Act comes into operation on the day on which it

receives the Royal Assent.

Principal Act

3. In this Act the State Supply Commission Act 1991* is

referred to as the principal Act.

[* Act No. 5 of 1991.

For subsequent amendments see 1994 Index to

Legislation of Western Australia, Table 1, p. 204.]

Section 3 amended

4. Section 3 (1) of the principal Act is amended by deleting the

definition of "supply" and substituting the following definition —

44

"supply", in relation to goods and services,

includes —

(a)	the doing of anything described in section 5 (ba); and
(b)	storage and distribution.

Section 5 amended

5. After section 5 (b) of the principal Act the following

paragraph is inserted —

44

(ba) to acquire ownership of, rights to, or other proprietary or possessory interests in respect of, goods or services and to —

(i) transfer ownership of goods or rights to

services; or

State Supply Commission Amendment [No. 32

Act 1995

(ii) otherwise dispose of any interest in, or rights to, goods or services (including without limitation by way of licence or bailment),

to public authorities;

Section 5A inserted

6. After section 5 of the principal Act the following section is

inserted —

Sale and lease-back of goods

5A. (1) The Commission also has the function of

giving effect to a requirement under subsection (3).

The Minister may determine that certain goods used in the operations of any public authority, or goods of a particular class so used, are to be sold as part of a scheme for the sale and lease-back of those goods.

(2)

(3)

If the Minister makes a determination under subsection (2), the Minister may require the Commission to enter into a contract or contracts for the sale of the goods to which the determination applies.

(4)

A determination under subsection (2) and a requirement under subsection (3) have effect in relation to goods despite the fact that ownership of the goods is vested in a public authority.

No. 32] State Supply Commission Amendment

Act 1995

Section 19 amended

7.     Section 19 (1) of the principal Act is amended by inserting

after "public authority" the following —

"

including, where the Commission thinks fit, supply in

the manner described in section 5 (ba)

Section 23 amended

8.     Section 23 of the principal Act is amended by inserting after

"services" the following —

, including where the Commission thinks fit supply in

the manner described in section 5 (ba),