Statutes (Repeals and Minor Amendments) Act 2009 (WA)
Western Australia
Statutes (Repeals and Minor Amendments)
Act 2009
Western Australia
Statutes (Repeals and Minor Amendments)
Act 2009
CONTENTS
Part 1 — Preliminary
| 1. | Short title | 2 |
| 2. | Commencement | 2 |
| Part 2 — Repeals | ||
| 3. | Various written laws repealed | 3 |
| 4. | Acts presumed to have been repealed | 3 |
| Part 3 — Amendments | ||
| 5. | Commissioner for Children and Young People | |
| Act 2006 amended | 5 | |
| 6. | Energy Legislation Amendment Act 2003 amended | 6 |
| 7. | Family Court Act 1997 amended | 7 |
| 8. | Financial Management (Transitional Provisions) | |
| Act 2006 amended | 8 | |
| 9. | Fire Brigades Act 1942 amended | 8 |
| 10. | Consequential amendment to State Administrative | |
| Tribunal Regulations 2004 | 9 | |
| 11. | Liquor Licensing (Moratorium) Amendment | |
| Act 1985 amended | 9 | |
| 12. | Parole and Sentencing Legislation Amendment | |
| Act 2006 amended | 9 | |
| 13. | Port Kennedy Development Agreement Act 1992 | |
| amended | 10 | |
| 14. | Rights in Water and Irrigation Act 1914 amended | 10 |
Statutes (Repeals and Minor Amendments) Act 2009
Contents
| 15. | Settlement Agents Act 1981 amended | 11 |
| 16. | University of Notre Dame Australia Act 1989 | |
| amended | 12 | |
| 17. | Other Acts amended | 12 |
Western Australia
Statutes (Repeals and Minor
Amendments) Act 2009
No. 46 of 2009
An Act to amend the statute law by —
repealing various written laws; and
making minor amendments to various other written laws,
and for related purposes.
[Assented to 3 December 2009]
The Parliament of Western Australia enacts as follows:
Statutes (Repeals and Minor Amendments) Act 2009
| Part 1 | Preliminary |
| s. 1 |
Part 1 — Preliminary
1. Short title
| This is the Statutes (Repeals and Minor Amendments) Act 2009. |
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. |
Statutes (Repeals and Minor Amendments) Act 2009
| Repeals | Part 2 |
s. 3
Part 2 — Repeals
3. Various written laws repealed
| (1) | These Acts are repealed: |
| (a) | the Census Act 1891; |
| (b) | the Co-opted Medical and Dental Services for the Northern Portion of the State Act 1951; |
| (c) | the Fairbridge Farm School Act 1948; |
| (d) | the Friendly Societies’ Association of Kalgoorlie Investment Validation Act, 1919; |
| (e) | the Liquefied Petroleum Gas Subsidy Act 1980; |
| (f) | the Members of Parliament, (Legislative Council) Retirement Act 1964; |
| (g) | the Miscellaneous Regulations (Validation) Act 1985; |
| (h) | the Petroleum Products Subsidy Act 1965; |
(i) The City Club Act 1965;
| (j) | The Uniforms Act, 1895; |
| (k) | the Workmen’s Wages Act 1898. |
| (2) | These regulations are repealed: |
| (a) | the Dampier to Bunbury Pipeline Regulations 1998; |
| (b) | the Gas Pipelines Access (Privatized DBNGP System) (Transitional) Regulations 1999. |
4. Acts presumed to have been repealed
It is declared that these Acts were repealed by the Local Government (Superannuation) Legislation Amendment Act 1994:
| (a) | the City of Perth Scheme for Superannuation (Amendments Authorisation) Act, 1941; |
| (b) | the City of Perth Scheme for Superannuation (Amendments Authorisation) Act, 1946; |
Statutes (Repeals and Minor Amendments) Act 2009
| Part 2 | Repeals |
| s. 4 |
| (c) | the City of Perth Scheme for Superannuation (Amendments Authorisation) Act, 1947; |
| (d) | the City of Perth Scheme for Superannuation (Amendments Authorisation) Act, 1949; |
| (e) | the City of Perth Scheme for Superannuation (Amendments Authorisation) Act, 1954; |
| (f) | the City of Perth Scheme for Superannuation (Amendments Authorisation) Act. 1956; |
| (g) | the City of Perth Scheme for Superannuation (Amendments Authorisation) Act, 1958. |
Statutes (Repeals and Minor Amendments) Act 2009
| Amendments | Part 3 |
s. 5
Part 3 — Amendments
5. Commissioner for Children and Young People Act 2006 amended
| (1) | This section amends the Commissioner for Children and Young People Act 2006. |
| (2) | In section 5 insert in alphabetical order: |
advisory committee means an advisory committee or
reference group established under section 52(1) or (2);
| (3) | In section 19: |
| (a) | delete paragraph (m); |
| (b) | in paragraph (o) delete “section 4.” and insert: |
section 4;
| (c) | after paragraph (o) insert: | |
|
| (4) | Delete section 53. |
| (5) | Amend the provisions listed in the Table as set out in the Table. |
Table
| Provision | Delete | Insert |
| s. 8(1) and (2)(a) | his office | office |
| s. 8(2)(b) | himself | himself or herself |
| s. 8(2)(c) | his | his or her |
Statutes (Repeals and Minor Amendments) Act 2009
| Part 3 | Amendments |
| s. 6 |
| Provision | Delete | Insert |
| s. 8(2) | he may suspend the | the Governor may |
| Commissioner from | suspend the | |
| his office. | Commissioner from office. | |
| s. 8(3) | When the | If the Commissioner |
| Commissioner has | has been suspended | |
| been suspended from | from office under | |
| his office under | subsection (2), the | |
| subsection (2) he | Commissioner is to | |
| shall be | be | |
| s. 8(3)(a) | his | the |
| s. 8(3)(b) | his removal. | the removal of the Commissioner. |
| s. 22(3) | written | |
| s. 52(3) | and reference groups | |
| children. | children and young people. | |
| s. 54(1) | Subject to | The |
| section 52(2), the |
6. Energy Legislation Amendment Act 2003 amended
| (1) | This section amends the Energy Legislation Amendment Act 2003. |
| (2) | Delete section 109(4) and (5). |
| (3) | Delete section 110(4). |
| (4) | Delete section 111. |
Statutes (Repeals and Minor Amendments) Act 2009
| Amendments | Part 3 |
s. 7
7. Family Court Act 1997 amended
| (1) | This section amends the Family Court Act 1997. |
| (2) | In section 33(3): |
| (a) | delete paragraph (d) and “or” after it and insert: | |
| ||
| (b) | after each of paragraphs (a), (b) and (c) insert: |
or
| (3) | After section 33(3) insert: |
| (4A) | In subsection (3)(d) — |
| excluded child order means — |
| (a) | a parenting order to the extent that it provides that — |
(i) a child is to live with a person; or
(ii) a child is to spend time with a person; or
(iii) a child is to communicate with a person; or
(iv) a person is to have parental responsibility for a child;
| or |
| (b) | an order in relation to the welfare of a child, |
other than —
| (c) | an order until further order; or |
| (d) | an order made in undefended proceedings; or |
| (e) | an order made with the consent of all the parties to the proceedings. |
Statutes (Repeals and Minor Amendments) Act 2009
| Part 3 | Amendments |
| s. 8 |
8. Financial Management (Transitional Provisions) Act 2006 amended
| (1) | This section amends the Financial Management (Transitional Provisions) Act 2006. |
| (2) | Delete Schedule 1 clause 122. |
9. Fire Brigades Act 1942 amended
| (1) | This section amends the Fire Brigades Act 1942. |
| (2) | In section 33: |
| (a) | delete “The Director” and insert: |
(1) The Director
| (b) | delete paragraph (e) (including subparagraphs (i) and (ii) and the proviso) and insert: | |
|
| (3) | At the end of section 33 insert: | |
|
every day during which the offence continues after that
conviction.
Statutes (Repeals and Minor Amendments) Act 2009
| Amendments | Part 3 |
| s. 10 |
| (3) | Any person aggrieved by a requisition served under subsection (1)(e) may apply to the State Administrative Tribunal for a review of the requisition and no proceedings shall be instituted against such person pending the hearing of the application or an appeal under the State Administrative Tribunal Act 2004 section 105. |
10. Consequential amendment to State Administrative Tribunal Regulations 2004
| (1) | This section amends the State Administrative Tribunal Regulations 2004. |
| (2) | In Schedule 5 in the item relating to the Fire Brigades Act 1942 delete “or 33(e)(ii)” and insert: |
| or 33(3) |
11. Liquor Licensing (Moratorium) Amendment Act 1985 amended
| (1) | This section amends the Liquor Licensing (Moratorium) Amendment Act 1985. |
| (2) | Delete section 3. |
12. Parole and Sentencing Legislation Amendment Act 2006 amended
| (1) | This section amends the Parole and Sentencing Legislation Amendment Act 2006. |
| (2) | Delete section 95(3). |
Statutes (Repeals and Minor Amendments) Act 2009
| Part 3 | Amendments |
| s. 13 |
13. Port Kennedy Development Agreement Act 1992 amended
| (1) | This section amends the Port Kennedy Development Agreement Act 1992. |
| (2) | In section 3(1) delete the definition of Department of Land Administration. |
| (3) | In section 3(2) delete “by the Graphic Bank Crown Surveys within the Department of Land Administration.” and insert: |
by the Western Australian Land Information Authority
established by the Land Information Authority
Act 2006 section 5.
| (4) | In section 7(1) in the definition of chief executive officer delete “Department of Land Administration;” and insert: |
department principally assisting in the administration
of the Land Administration Act 1997;
14. Rights in Water and Irrigation Act 1914 amended
| (1) | This section amends the Rights in Water and Irrigation Act 1914. |
| (2) | In section 26C(3a)(a) delete “subsection (1); or” and insert: |
| subsection (2); or | |
| (3) | In Schedule 1 clause 39(1)(c): |
| (a) | delete “power under — ” and insert: |
power —
Statutes (Repeals and Minor Amendments) Act 2009
| Amendments | Part 3 |
| s. 15 |
| (b) | in subparagraphs (i) and (ii) delete “clause” and insert: |
under clause
| (c) | after subparagraph (i) insert: |
or
| (4) | Delete Schedule 1 clause 42(1)(b) and insert: |
| (b) | a security interest (as defined in Part III Division 3E) in a licence is noted on the register referred to in section 26GZI; or |
| (c) |
the notation referring to such a security interest is notation in the register are varied, under section 26GZQ,
15. Settlement Agents Act 1981 amended
| (1) | This section amends the Settlement Agents Act 1981. |
| (2) | In section 3(1): |
| (a) | delete the definition of Account (referring to the Board Interest Account); |
| (b) | insert in alphabetical order: |
Interest Account means the Board Interest Account
established under section 103(1);
Statutes (Repeals and Minor Amendments) Act 2009
| Part 3 | Amendments |
| s. 16 |
| (3) | Amend the provisions listed in the Table as set out in the Table. |
Table
| Provision | Delete | Insert |
| s. 49B(1) and (3), | Account | Interest Account |
| 103(2), 104, 105(a), | (each occurrence) | |
| 106(2) | ||
| s. 105 | the Account are | the Interest Account are |
| s. 106(1) | the Account may, | the Interest Account may, |
| Note: | The headings to the amended section listed in the Table are to read as set out in the Table. |
Table
| Amended section | Section heading |
| s. 104 | Moneys credited to Interest Account |
| s. 105 | Application of Interest Account |
| s. 106 | Investment of Interest Account |
16. University of Notre Dame Australia Act 1989 amended
| (1) | This section amends the University of Notre Dame Australia Act 1989. |
| (2) | In section 3 delete the definition of Provost. |
| (3) | Delete section 18. |
17. Other Acts amended
| (1) | This section amends the Acts listed in the Table. |
| (2) | Amend the provisions listed in the Table as set out in the Table. |
Statutes (Repeals and Minor Amendments) Act 2009
| Amendments | Part 3 |
| s. 17 |
Table
| Provision | Delete | Insert |
1. Adoption Act 1994
| s. 119 | section 211(1) | section 209A |
2. Armadale Redevelopment Act 2001
| s. 17(8)(a) | that section | those sections |
3. Corruption and Crime Commission Act 2003
| s. 91(5) and 203(3) | that Division. | that Part. |
4. Country Areas Water Supply Act 1947
| Pt. VIII heading | and regulations |
5. Credit (Administration) Act 1984
| s. 32(7) | Part, person | Part, the person |
6. Criminal and Found Property Disposal Act 2006
| s. 18(1)(c) and (d)(i), | Consolidated Fund | Consolidated |
| 19(1)(d)(i), 29(1), | Account | |
| (2)(a)(ii) and (3)(c) |
7. East Perth Redevelopment Act 1991
| s. 19(8)(a) | that section | those sections |
8. Electricity Industry Act 2004
| s. 90 def. of licensee | holder of retail | holder of a retail |
Statutes (Repeals and Minor Amendments) Act 2009
| Part 3 | Amendments |
| s. 17 |
| Provision | Delete | Insert |
| s. 126(5)(a) and (b) | circumstances losses | circumstances, losses |
9. Employers’ Indemnity Supplementation Fund Act 1980
| s. 6A(1) | credit of the Account | credit of the Fund |
| s. 6A(2) | Account to make up | Fund to make up |
10. Finance Brokers Control Act 1975
| s. 50(9) | if it thinks | if the Commissioner thinks |
11. Housing Act 1980
| s. 5(1)(a) def. of the | The State Housing | the Housing |
| Account, 62(2)(a) | Commission | Authority |
12. Juries Act 1957
| Second Sch. Pt. I | juror — | juror, a — |
| cl. 2 |
13. Land Administration Act 1997
| s. 159 | (ea) the Minister | (eb) the Minister |
| (second occurrence) | ||
| s. 160(1) | (ea) in the case of | (eb) in the case of |
| the Minister | the Minister |
| referred to in | referred to in |
| section 159(ea), (second occurrence) | section 159(eb), |
Statutes (Repeals and Minor Amendments) Act 2009
| Amendments | Part 3 |
| s. 17 |
| Provision | Delete | Insert |
14. Land Drainage Act 1925
| Pt. X heading | and regulations |
15. Midland Redevelopment Act 1999
| s. 20(7)(a) | that section | those sections |
16. Port Authorities Act 1999
| s. 3(1) def. of port | section 115; | section 115 as |
| charges | affected by section 136(3); |
17. Public Works Act 1902
| s. 91(2) | such notice; and | such notice. |
| s. 91(3), (4) and (5) | May | The Governor may |
| s. 91(3) | management; and | management. |
| s. 91(4) | one); and | one). |
18. Sale of Goods Act 1895
| s. 60(3) | insolvent | insolvent |
19. Sentencing Act 1995
| s. 84E(3) | CEO, | CEO (corrections), |
Statutes (Repeals and Minor Amendments) Act 2009
| Part 3 | Amendments |
| s. 17 |
| Provision | Delete | Insert |
20. Soil and Land Conservation Act 1945
| s. 9(2)(d) | body known as the | Western Australian |
| Country Shire | Local Government | |
| Councils’ | Association | |
| Association of W.A. |
21. Subiaco Redevelopment Act 1994
| s. 21(7)(a) | that section | those sections |
22. Swan and Canning Rivers Management Act 2006
| s. 74(4) | section 22(2)(a), | section 22, |
| s. 123(10) | subsection (3), (5) | subsection (5) or (7), |
| or (7), | ||
| any of those | either of those | |
| subsections | subsections |
23. Taxi Act 1994
| s. 16(4)(b) | subject to subsection (7), |
24. Terrorism (Extraordinary Powers) Act 2005
| s. 30(2) | Financial | Financial |
| Administration and | Management | |
| Audit Act 1985. | Act 2006. |
25. Tobacco Products Control Act 2006
| Sch. 2 cl. 9(1) | Account | Fund |
| (first occurrence) |
Statutes (Repeals and Minor Amendments) Act 2009
| Amendments | Part 3 |
| s. 17 |
| Provision | Delete | Insert |
| Sch. 2 cl. 9(2) | Account | Fund |
| (second occurrence) |
26. Water Efficiency Labelling and Standards Act 2006
| s. 65(1), (2) and (3) | Consolidated Fund | Consolidated Account |
27. Workers’ Compensation and Injury Management Act 1981
| Pt. V Div. 3 and 4 | Fund | Account |
| headings |
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