Statutes (Repeals and Minor Amendments) Act 1994 (WA)

WESTERN AUSTRALIA

STATUTES (REPEALS AND MINOR

AMENDMENTS) ACT 1994

No. 73 of 1994

AN ACT to revise the statute law by repealing miscellaneous spent, unnecessary or superseded enactments and by making miscellaneous minor amendments to various enactments.

[Assented to 9 December 1994.]

The Parliament of Western Australia enacts as follows:

Short title

1. This Act may be cited as the Statutes (Repeals and Minor

Amendments) Act 1994.

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Statutes (Repeals and Minor Amendments)

Act 1994

Commencement

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

receives the Royal Assent.

Repeal of various enactments

3. (1) The Acts and ordinances listed in Schedule 1 are

repealed.

(2) Without limiting the operation of Part V of the Interpretation Act 1984, the repeal of The Water Supply Act 1893 under subsection (1) does not affect —

(a)	any lands that were reserved under section 2 of The Water Supply Act 1893; or
(b)	any interest that was held in those lands,

immediately before the coming into operation of this section.

Amendment of various Acts

4. The Acts listed in Schedule 2 are amended as set out in that

Schedule.

Statutes Repeals and Minor Amendments)

[No. 73

Act 1994

SCHEDULE 1

[Section 31

ACTS AND ORDINANCES REPEALED

Year

Act or ordinance

Short title /Description

1896

60 Vict. No. 30

An Act to facilitate the Administration of

Justice,

and the taking of Statutory

Declarations

1934

No. 28 of 1934

Administration Act (Estate and

Succession Duties) Amendment Act 1934

1938

No. 10 of 1938

Basil Murray Co-operative Memorial

Scholarship Fund Act 1938

1911

No. 18 of 1911

Bunbury Electric Lighting Act 1911

1946

No. 57 of 1946

Canning District Sanitary Site Act 1946

1919

No. 44 of 1919

Carnarvon Electric Light and Power

Act 1919

1948

No. 33 of 1948

City of Perth Electricity and Gas Purchase

Act 1948

1989

No. 36 of 1989

Companies, and Securities and Futures Industries, Legislation (Acts Amendment) Act 1989

1979

No. 90 of 1979

Company Takeovers Act 1979

1895

59 Viet. No. 24

1845

9 Vict. No. 2

Destitute Persons Relief Ordinance 1845

1902

2 Edw. VII No. 7

Fremantle Prison Site Act 1902

1909

No. 33 of 1909

Mount Lyell Mining and Railway

Company Limited Lease Act 1909

No. 73]

Statutes (Repeals and Minor Amendments)

Act 1994

1921	No. 12 of 1921	Northam Municipal Ice Works Act 1921
1939	No. 40 of 1939	Police Benefit Fund Abolition Act 1939
1942	No. 13 of 1942	Public Authorities (Postponement of Elections) Act 1942
1861	25 Vict. No. 8	Recovery of Debts Ordinance 1861
1950	No. 15 of 1950	Roads Agreements between the State Housing Commission and Local Authorities Act 1950
1976	No. 90 of 1976	Royal Visit Holiday Act 1976
1973	No. 79 of 1973	Special Holidays Act 1973
1926	No. 28 of 1926	Special Lease (Esperance Pine Plantation) Act 1926
1965	No. 52 of 1965	State Housing Death Benefit Scheme Act 1965
1893	57 Vict. No. 20	The Water Supply Act 1893
1887	51 Vict. No. 6	The Wreck Act 1887

Statutes Repeals and Minor Amendments)

[No. 73

Act 1994

SCHEDULE 2

[Section 41

VARIOUS ACTS AMENDED

Short title	Provision	Amendment
of Act	amended

Art Gallery

s. 29 (2) (b)

Delete "official", substitute

—Act 1959

f p

common

Artificial

s. 7 (1)

Delete paragraph (b), substitute

—Conception

Act 1985 (C (b) the ovum

used for the purposes of the procedure was taken from some other woman,

then, in a case to which section 5 applies, for the purposes of the law of the State, the woman from whom the ovum was taken is not the mother of any child born as a result of the pregnancy.

Builders

s. 9A (1)(c)

Delete "Australia Western

Registration

Australian", substitute —

Act 1939

“	Australia, Western Australia

s. 40 (2)

Delete "for decision", substitute —

for a decision

No. 73]

Statutes (Repeals and Minor Amendments)

Act 1994

Schedule,

Delete "south-easterly that side to

item 2

the right bank of the Serpentine

River", substitute —

south-easterly along that side to the right bank of the Serpentine River

Casino

s. 21A (1) (b)

Delete "officer", substitute

Control

Act 1984

"	member or officer

s. 28 (3)

Delete "member,", substitute —

member or

s. 30 (2)

Delete "to himself ", substitute —

for himself

s. 36 (4) (a)

Delete "member,", substitute —

member or

Schedule 1

Repeal.

Conservation

s. 148

In subsection (2) that commences "In

and Land

subsection (1)" delete the subsection

Management

designation "(2)", substitute the

Act 1984

subsection designation —

(4)

Constitution

Schedule V,

Insert in its appropriate alphabetical

Acts

Part 3

position

Amendment

Act 1899 The Heritage Council of

Western Australia established under the Heritage of Western Australia Act 1990.

Statutes (Repeals and Minor Amendments)

[No. 73

Act 1994

Delete the item that commences "The Board of management of the South West Development Authority".

The Criminal	a. 118	Delete ", Municipal, or Road Board",
Code	substitute —

or local government

a. 121	In each section delete ", and to be
a. 122	fined at the discretion of the court".
a. 139 s. 173
s. 343A (1) (a)	Delete "of the Code", substitute —

of this Code

s. 414

Delete "of the Code", substitute —

of this Code

s. 579

Delete "of the Code", substitute —

of this Code

s. 656A (6),

Delete "or a dismissal under section

in paragraph

26 (2) of that Act".

(b) of the definition of "convicted"

a. 693 (1)

Delete "in law for that other",

substitute —

in law for that other

offence

a. 697 (b)

Delete "rules of the Court",

substitute —

rules of court

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Statutes (Repeals and Minor Amendments)

Act 1994

s. 716A,

Delete "or a dismissal under section

in paragraph 26 (2) of that Act".

(b) of the

definition of

"convicted"

s. 729	Delete "of the Code", substitute —
it

of this Code

Criminal

s. 50 (5)

Delete "section 44 (1)", substitute

—Injuries

!IC

Compensation	section 43 (1)	".
Act 1985

Declarations

Schedule

After item 18 add

—and

Attestations

19. A surveyor

Act 1913 licensed under the Licensed Surveyors Act 1909.

20. A patent attorney registered under the Patents Act 1990 of the Commonwealth.

Environmental s. 73 (4) (b)	Delete subparagraph (ii),
Protection Act	substitute —
1986
114 (ii) caused or allowed

to be caused that discharge or the likelihood of the condition of pollution arising or the arising of that condition, as the case requires,

by action in a court of competent jurisdiction as

Statutes (Repeals and Minor Amendments)

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Act 1994

a debt due to the Crown and shall pay any cost so recovered into the Consolidated Fund.

s. 74 (3)

After "offence proves that" insert —

it	that pollution was caused or

s. 100 (1) (d)

Delete "section 39 (3)", substitute —

section 39 (5)

Evidence	s. 3	Delete the definition of "court",
Act 1906	substitute —
44 "court" includes the

High Court of Australia, the Supreme Court, the District Court, the Children's Court, the Family Court, a Local Court, a warden's court under the

Mining Act 1978,

and a court of summary jurisdiction;

s. 119

After subsection (2) (a) delete "and".

Firearms

s. 3 (1)

Delete "the First Schedule to this

Act 1973

Act", substitute —

"	Schedule 1

s. 11

After the section designation "11."

insert the subsection designation —

(1)

No. 73]

Statutes (Repeals and Minor Amendments)

Act 1994

s. 33 (3)	Delete paragraph (b), substitute —
11{

(b) where the fees have not been paid for a period of more than 2 years, may recover from the proceeds of a sale of that firearm or ammunition in the prescribed manner,

any fees due and owing in respect of that safe custody and any costs or expenses incurred in effecting such recovery.

First	In the heading delete "FIRST
Schedule	SCHEDULE", substitute —
" SCHEDULE 1 ".

Fire Brigades	s. 29 (1)	Delete "or of any relevant award or
Act 1942	agreement under the Public Service
Arbitration Act 1966".
s. 29 (2)	Delete "or of any relevant award or agreement under the Public Service
Arbitration Act 1966".
s. 54 (3) (b)	Delete "appointed", substitute —

proclaimed

fluoridation

s. 5 (4)

Repeal, substitute

—of Public

Water Supplies (4) The member of Act 1966 the Committee referred

to in subsection (2) (a) shall be Chairman of the Committee but, if that

Statutes (Repeals and Minor Amendments)

[No. 73

Act 1994

person is unable for any reason to attend a meeting of the Committee, a person designated by the Executive Director may act as Chairman at that meeting and, while so acting, has all the powers of the Chairman and of a member.

Freedom of	s. 85 (6)	After "appeal" insert —
Information

Act 1992

under subsection (1)

or (4)

s. 85

After subsection (6) insert —

(6a) An appeal under subsection (2) may be brought by the access applicant.

s. 86 (2)

After "appeal" insert —

under section 85 (1)

or (4)

s. 86

After subsection (2) insert —

(3) A third party is entitled to be joined as a party to an appeal under section 85 (2) in accordance with Rules of Court.

s. 87 (1)

Delete "or (2) (a)", substitute —

, (2) (a) or (4)

No. 73]

Statutes (Repeals and Minor Amendments)

Act 1994

Gold	s. 3 (1)	In the definitions of "chief executive
Corporation	officer" and "deputy chief executive
Act 1987	office?, delete "section 5" in both places where it occurs, substitute in each case —
dt

section 7

”.

s. 4 (5)	Delete "and 27".
s. 6 (8)	Delete "the control", substitute —

”.

"	such control

s. 79

Repeal.

Government	Schedule 4,	After subelause (4) insert
Employees	clause lA
4t

Superannuation

(5)

References in

Act 1987 the definition of "final salary" in subelause (1) to salary paid to the member shall, in relation to any period for which the member was not paid full salary, be taken to include any amount of money that may be deemed by the Board for the purposes of that definition to have been paid as salary to that member.

Health

s.3

In the definition of "Therapeutic

Act 1911

substance" delete "Division 3B of

Part VIII", substitute —

"	Division 7 of Part VIIA

s. 297 (4)

Delete "the present war or such

lesser", substitute —

“

such

Statutes (Repeals and Minor Amendments)

[No. 73

Act 1994

Herd	Schedule,	Delete "for the residue of the term of
Improvement	clause 2 (4)	the former holder of that office".
Service Act 1984
Horticultural	s. 12 (5)	Repeal.
Produce Commission Act 1988
Hospitals	s. 7A (f)	Delete "and to any guidelines
Act 1927	formulated under section 17 (4) (c) of the Commonwealth Act".
a. 10 (2) (c)	Delete "is notified", substitute —

is to be notified

s. 12A (4)	Delete "subsection (2) of this
section", substitute —

subsection (3)

s. 18 (lc)

Repeal.

s. 33A (2)

Insert "or" after paragraph (a).

a. 33A (2) (b)

Delete "hospital; or", substitute —

hospital,

s. 33A (2) (c)

Delete.

s. 33A (13)

Delete the definition of

"Commonwealth guidelines".

s. 37 (2d) (a)

Delete "State; and", substitute —

State.

s. 37 (2d) (b)

Delete.

s. 37 (2f) (c)

Delete "seize", substitute —

the seizure of

No. 73]

Statutes (Repeals and Minor Amendments)

Act 1994

rpretation

s. 5

Insert in the appropriate

Act 1984

alphabetical position —

"Family Court" means the Family Court of Western Australia established by the Family Court Act 1975;

s. 10 Delete paragraphs (a) and (b), substitute the following paragraph —

(a) words denoting a gender or genders include each other gender;

s. 46

After subsection (1) insert —

(la) An example of the operation of subsection (1) is that a reference in an Act to "this Act" includes a reference to any subsidiary legislation made under the Act.

Juries	s. 34A (3)	Delete "from serving as a juror".
Act 1957
Justices	s. 6	Delete "Great Seal", substitute

—Act 1902

•

seal

Second

Delete "Great Seal", substitute —

Schedule

▪

seal

Statutes (Repeals and Minor Amendments)

[No. 73

Act 1994

Land Tax Relief a. 2	Delete the subsection designation
Act 1991	mar.

Legal	s. 19 (2)	Delete "herein prescribed",
Practitioner's	substitute
Act 1893

prescribed in paragraph

(a) of section 16

s. 31E (2)

Delete "Tribunal;", substitute —

Tribunal,

shall be admitted as evidence of the matters therein stated;

Part VI

In the heading to Division 1, before

"Legal", insert —

The

Part VI

In the heading to Division 2, after

"by the", insert —

"	Legal Costs

s. 71

Delete "the last preceding section",

substitute —

tt.

"	section 70

s. 78 (1)

Delete "the last preceding section

contained", substitute —

section 77

Liquor	s. 96 (6) (b) (ii) Delete "mortgagor", substitute —
Licensing

Act 1988

mortgagee

s. 167 (2) (a)

Delete "145 (51', substitute —

145 (4)

Statutes (Repeals and Minor Amendments)

[No. 73

Act 1994

Local	Second	Delete the items
Government	Schedule

Act 1960

'Sunbury Electric Lighting Act

1911";

"Carnarvon Electric Light and

Power Act 1919";

"City of Perth Electricity and

Gas Purchase Act 1948"; and

"Northam Municipal Ice Works

Act 1921".

Metropolitan

Before section 1 insert the

(Perth)

heading —

Passenger

Transport Trust

"	PART I — PRELIMINARY ".

Act 1957

Metropolitan

s. 43 (3)

Delete "in manner", substitute

—Region Town

Planning	in the manner	".
Scheme
Act 1959

Mining

s. 70 (8a) (a)

Delete "in in", substitute

—Act 1978

tv.

Misuse of Drugs s. 9 (1)	Repeal.
Act 1981

s. 9 (2) (a)

After "of a prohibited drug"

insert —

referred to in Schedule III ".

Delete "specified in Schedule III",

substitute —

specified in that

Schedule

Statutes Repeals and Minor Amendments)

[No. 73

Act 1994

s. 9 (2) (b)

After "particular species or genus"

insert —

referred to in Schedule IV

Delete "specified in Schedule IV",

substitute —

specified in that

Schedule

Motor Vehicle	s. 5 (6)	Delete "the provisions of this Act
Dealers	other than section 39", substitute

—Act 1973

this Act

s. 30 (3) (b) Delete "any of the provisions of this Act other than section 39", substitute —

this Act

s. 32 (2) Delete "the provisions of this Part, other than section 39, do", substitute —

this Part does

s. 41B

Delete "and,", substitute —

and

Parks and	s. 12B (4)	Repeal.
Reserves
Act 1895	s. 12B (5)	Repeal.

Parliamentary s.4	Move the definition of "chief
Commissioner	executive officer" to its appropriate
Act 1971	alphabetical position.

No. 73]

Statutes (Repeals and Minor Amendments)

Act 1994

The	Delete the items commencing —
Schedule

"Artificial Breeding Board";

`The Trustees of a Public

Cemetery";

"Air Pollution Control

Council";

"Coal Mine Workers' Pensions

Tribunal";

"Construction Safety Advisory

Board";

"Ministry of Education";

"Insurance Brokers Licensing

Board";

"Honey Pool of Western

Australia";

"Advisory Committee established under section 6 of

the Industrial Development";

"The Industries Assistance

Board";

"Machinery Safety Advisory

Board";

"Mine Workers' Relief Board";

"Minerals and Energy

Research Institute";

"National Parks Authority";

"Rural Youth Movement

Council";

Statutes Repeals and Minor Amendments)

[No. 73

Act 1994

"State Supply Commission";

"Superannuation Board";

"Registrar of Trade

Associations";

"The Transport Commission";

and

"The Western Australian

Wildlife Authority".

The	Insert in the appropriate
Schedule	alphabetical position —

Government Employees Superannuation Board established under the

Government Employees Superannuation Act 1987.

Minerals and Energy Research Institute of Western Australia established under the

Minerals and Energy

Research Act 1987.

Secondary Education Authority established under the Secondary

Education Authority

17;

Act 1984.

and

State Supply Commission established under the State Supply

Commission Act 1991.

No. 73]

Statutes (Repeals and Minor Amendments)

Act 1994

Petroleum	s. 16 (1)	Delete "or trustees, as the case may
Act 1967	be, of the land", substitute —

of the land, or the relevant cemetery board or local government authority, as the case requires,

Petroleum	a. 4	In the definition of "owner", delete
Pipelines	paragraph (c), substitute

—Act 1969

and "owned" and like expressions have a corresponding meaning;

Petroleum

s. 81 (13) (a)

Delete "1989", substitute —

(Submerged

Lands) Act 1982

1990

Police Act 1892 s. 2

Delete the definitions of "Governor",

"Minister" and "Justice, Justices".

Move the definitions of "street" and "local authority" to their appropriate alphabetical positions.

Potato Growing s. 6 (4) (a) (ii) Delete "of the State".

Industry Trust

Fund Act 1947

Public Trustee	s. 53 (2) (d)	Delete "such insane patient or
Act 1941	incapable person", substitute —

that represented person

Statutes (Repeals and Minor Amendments)

[No. 73

Act 1994

Public Works

s. 33G (2)

Delete "27B", substitute —

Act 1902

33F

R & I Bank

s. 11

In the last item in column 1 of the

Amendment

Table, delete "Schedule 1",

Act 1994

substitute —

"	Schedule 2

Racing

s.29

Delete "Racing Penalties (Appeals)

Penalties

Act 1989", substitute

(Appeals)

Act 1990

"	Racing Penalties (Appeals) Act 1990

Rates and

s. 3 (1)

In the definition of "State concession

Charges

Card" delete "Director",

(Rebates and

substitute —

Deferments)

Act 1992

Director-General

s. 6 (1)

Delete "Director", substitute —

"	Director-General

s. 6 (2)

Delete "Director" in both places where it occurs, substitute in each

case —

a	Director-General

s. 6 (3)

Delete "Director", substitute —

a	Director-General

Real Property

s. 3 (1)

Delete "five acres", substitute —

(Foreign

Governments)

"	2 hectares

Act 1951

No. 73]

Statutes (Repeals and Minor Amendments)

Act 1994

Registration of s. 6 (5)

Delete "practical", substitute —

Births, Deaths

and Marriages

•	practicable

Act 1961

s. 28 (3)

Delete "that section", substitute —

section 24

s. 44 (4)

Delete "section 43 (cY', substitute —

•

section 43 (1) (c)

s. 44 (5)

Delete "section 43 (c)", substitute —

•

section 43 (1) (c)

Retail Trading s. 42 (1)

Delete "of 10 (4)", substitute —

Hours Act 1987

•

or 10 (4)

Salaries and	s. 6B (2)	Delete "applies", substitute —
Allowances

Act 1975

apply

a. 10 (2)

Delete the comma after "1969".

Settlement	a. 108 (a)	Delete ", including the cost of every
Agents	audit pursuant to section 109".
Act 1981
Shearer's	a. 17 (2) (d)	Delete ", subject as hereinafter
Accommodation	provided,".
Act 1912
Small Business	a. 5 (7)	Repeal.
Development Corporation Act 1983

Soil and Land a. 42

Delete the subsection designation

Conservation

"(a)", substitute —

Act 1945

(1)

Statutes (Repeals and Minor Amendments)

[No. 73

Act 1994

Delete the subsection designation

"(b)", substitute —

(2)

Delete the subsection designation

"(c)", substitute —

(3)

Stipendiary

s. 4 (7)

Delete "section 5", substitute

—Magistrates

Act 1957

•

section 10

s. 6 (1)

Delete "section 5", substitute —

•	section 10

Stock (Brands

s. 18 (1) (d)

Delete "they are", substitute

t>.	—and Movement)

Act 1970

it is

Superannuation s. 37 (5) (b)

Delete "30 miles", substitute —

and Family

(iii)

Benefits	"	50 kilometres
Act 1938

Swan River

s. 49

In subsection (4) that commences

Trust

"This Part", delete the subsection

Act 1988

designation "(4)", substitute the

subsection designation —

(5)

Technology and Schedule 2,

Delete ", for the residue of the term

Industry	clause 2 (4)	of the former holder of that office".
Development Act 1983
The Sale	s. 33	Delete "cost", substitute —
of Goods
Ci

Act 1895

course

No. 73]

Statutes (Repeals and Minor Amendments)

Act 1994

Totalisator	s. 17	After the section designation "17."
Agency	insert the subsection designation

—Board Betting

Act 1960

(1)

s. 23A (2) (c)

Delete "Totalisator Agency Board",

substitute —

TAB

s. 28

In subsection (6) that commences

"From the amount" —

(a)	delete the subsection designation "(6)", substitute the subsection designation —

(7)

"; and

(b)

delete "1989", substitute —

1990

Unclaimed	a. 4 (4)	Repeal.
Money
Act 1990	s. 6 (1)	Delete "(3), (4)", substitute —

(3)

a. 9 (1) (r) (ii) Delete "1975", substitute —

1985

Water Authority a. 5 (1)	Delete "Water Supply Act 1893.".
Act 1984

Weights and	s. 4 (7) (b)	Delete "import", substitute —
Measures

Act 1915

impost

Statutes (Repeals and Minor Amendments)

(No. 73

Act 1994

Western	s. 6 (4) (b)	Delete "and of the Authority in
Australian	respect of directors".
Land
Authority Act 1992
Western	s. 5 (7)	Repeal.
Australian Tourism Commission Act 1983
Western	s. 2	In the definition of "metropolitan
Australian	area" delete "thirty miles",
Trotting	substitute

—Association

Act 1946

50 kilometres

Wildlife

s. 15 (lb) (a)

Delete "Authority", substitute

—Conservation

Act 1950 " Department of Conservation and Land Management

Zoological

s. 5 (4)

Delete "Committee", substitute

—Gardens

Act 1972

Board