Statutes (Repeals) Act 2016 (WA)

Western Australia

Statutes (Repeals) Act 2016

Western Australia

Statutes (Repeals) Act 2016 Contents

Western Australia

Statutes (Repeals) Act 2016

Statutes (Repeals) Act 2016

No. 50 of 2016

An Act to repeal the following Acts —

the Coal Industry Tribunal of Western Australia Act 1992;

the Labour Relations Reform Act 2002;

the Spear‑guns Control Act 1955;

the Western Australian Marine (Sea Dumping) Act 1981;

the Escheat and forfeiture of real and personal property (1834) (Imp),

and to amend several Acts as a consequence of those repeals.

[Assented to 28 November 2016]

The Parliament of Western Australia enacts as follows:

Part 1 – Preliminary1.Short title

This is the Statutes (Repeals) Act 2016.

2.Commencement

This Act comes into operation as follows —

• (a)

  Part 1 — on the day on which this Act receives the Royal Assent;

• (b)

  the rest of the Act — on the day after that day.

Part 2 – Coal Industry Tribunal of Western Australia Act 1992 repealedDivision 1 – Repeal of the Coal Industry Tribunal of Western Australia Act 19923.Coal Industry Tribunal of Western Australia Act 1992 repealed

The Coal Industry Tribunal of Western Australia Act 1992 is repealed.

Division 2 – Consequential amendments to the Constitution Acts Amendment Act 18994.Act amended

This Division amends the Constitution Acts Amendment Act 1899.

5.Schedule V amended

• (1)

  In Schedule V Part 1 Division 1 delete “Chairperson or deputy chairperson of the Coal Industry Tribunal of Western Australia constituted under the Coal Industry Tribunal of Western Australia Act 1992.”.

• (2)

  In Schedule V Part 2 Division 1 delete “Member, or deputy of a member, of the Coal Industry Tribunal of Western Australia constituted under the Coal Industry Tribunal of Western Australia Act 1992.”.

Division 3 – Consequential amendments to the Industrial Relations Act 19796.Act amended

This Division amends the Industrial Relations Act 1979.

7.Section 97U amended

In section 97U(1) delete the definition of award and insert:

award, except in section 97UG(2)(c), Division 6 Subdivision 1 and sections 97YA(1)(a) and 97YB(2)(a), includes an industrial agreement or order of the Commission under this Act;

8.Section 97UF amended

Delete section 97UF(4).

9.Section 97UG amended

In section 97UG(7) delete the definition of award and insert:

award includes an enterprise order.

10.Section 97VR amended

In section 97VR delete the definition of award.

11.Section 97YA amended

Delete section 97YA(3).

Division 4 – Consequential amendment to the Workers’ Compensation and Injury Management Act 198112.Act amended

This Division amends the Workers’ Compensation and Injury Management Act 1981.

13.Section 5 amended

In section 5(1) in the definition of industrial award delete paragraph (c).

Part 3 – Labour Relations Reform Act 2002 repealedDivision 1 – Repeal of the Labour Relations Reform Act 200214.Labour Relations Reform Act 2002 repealed

The Labour Relations Reform Act 2002 is repealed.

Division 2 – Consequential amendments to the Industrial Relations Act 197915.Act amended

This Division amends the Industrial Relations Act 1979.

16.Section 49N amended

In section 49N(3) delete “agreement, whether made or registered before or after the coming into operation of section 146 of the Labour Relations Reform Act 2002,” and insert:

agreement

17.Section 97YI amended

Delete section 97YI(2) and insert:

• (2)

  A review is to be carried out at such times as the Minister may in writing request.

   

Division 3 – Consequential amendment to the Minimum Conditions of Employment Act 199318.Act amended

This Division amends the Minimum Conditions of Employment Act 1993.

19.Section 7 amended

Delete section 7(a).

Part 4 – Spear‑guns Control Act 1955 repealedDivision 1 – Repeal of the Spear‑guns Control Act 195520.Spear‑guns Control Act 1955 repealed

The Spear‑guns Control Act 1955 is repealed.

Division 2 – Consequential amendment to the Fair Trading Act 201021.Act amended

This Division amends the Fair Trading Act 2010.

22.Schedule 1 amended

In Schedule 1 delete “Spear‑guns Control Act 1955”.

Part 5 – Western Australian Marine (Sea Dumping) Act 1981 repealed23.Western Australian Marine (Sea Dumping) Act 1981 repealed

The Western Australian Marine (Sea Dumping) Act 1981 is repealed.

Part 6 – Repeal of Escheat and forfeiture of real and personal property (1834) (Imp)24.Imperial Act repealed

• (1)

  The Imperial Act, 1834 (4 & 5 Will. IV c. 23) [The Escheat and forfeiture of real and personal property (1834)] adopted by the Imperial Acts Adopting Act 1844 (7 Vict. No. 13 item 2), is repealed in so far as it is part of the law of Western Australia.

• (2)

  In respect of the Imperial Act referred to in subsection (1), the Interpretation Act 1984 Part V applies as if a reference in that Part to the repeal of a written law or to the repeal of an enactment were a reference to the repeal of that Imperial Act.