Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 (WA)

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WESTERN AUSTRALIA

STATUTES (REPEALS AND MINOR

AMENDMENTS) ACT (No. 2) 1998

No. 10 of 1998

AN ACT to revise the statute law by repealing —

the Albany Woollen Mills Ltd. Agreement Act 1976;

the Commonwealth and State Housing Agreement

Act 1945;

the Commonwealth and State Housing Agreement

Act 1956;

the Commonwealth and State Housing Agreement

Act 1961;

the Commonwealth and State Housing Agreement

Act 1966;

the Commonweal th and Sta te Hous ing

Supplementary Agreement Act 1955;

the Housing Agreement (Commonwealth and State)

Act 1973;

the Housing Agreement (Commonwealth and State)

Act 1981;

the Imperial Acts (Masters and Apprentices)

Adopting Act 1873;

No. 10]

Statutes (Repeals and Minor Amendments)

Act (No. 2) 1998

the Industrial Lands (Maddington) Agreement

Act 1964;

the Kalgoorlie Racecourse Tramways Act 1904;

the Road Districts Rates Act 1924;

the Secret Harbour Management Trust Act 1984; and

the Tourist Development (Secret Harbour) Agreement

Act 1983,

and by making minor amendments to various

enactments and for related purposes.

[Assented to 30 April 1998.]

The Parliament of Western Australia enacts as follows:

Statutes (Repeals and Minor Amendments)

[No. 10

Act (No. 2) 1998

s. 1

PART 1 — PRELIMINARY

Short title

1. This Act may be cited as the Statutes (Repeals and Minor Amendments) Act (No. 2) 1998.

Commencement

2. (1) on the day on which it receives the Royal Assent.

Subject to subsection (2), this Act comes into operation

If section 61 of the Vocational Education and Training Act 1996 comes into operation after the day on which this Act receives the Royal Assent, section 11 comes into operation on the day on which that section of that Act comes into operation.

(2)

No. 10]

Statutes (Repeals and Minor Amendments)

s. 3

Act (No. 2) 1998

PART 2 — VARIOUS ACTS REPEALED

Albany Woollen Mills Ltd. Agreement Act 1976 repealed

3. The Albany Woollen Mills Ltd. Agreement Act 1976 is

repealed.

Commonwealth and State Housing Agreement Act 1945 repealed

4.   The Commonwealth and State Housing Agreement Act 1945

is repealed.

Commonwealth and State Housing Agreement Act 1956 repealed, and consequential amendment

5. (1) The Commonwealth and State Housing Agreement

Act 1956 is repealed.

(2) Section 7A (4) (b) of the Housing Loan Guarantee Act 1957* is deleted and the following paragraph is substituted —

‘‘

(b)

notwithstandingtheexistenceonthatundertaking, property or assets, of any other charge or encumbrance.

’’.

[* Reprinted as authorized 20 May 1974.

For subsequent amendments see 1996 Index to Legislation of Western Australia, Table 1, p. 107 and Act No. 45 of 1996.]

Statutes (Repeals and Minor Amendments)

[No. 10

Act (No. 2) 1998

s. 6

Commonwealth and State Housing Agreement Act 1961 repealed

6.   The Commonwealth and State Housing Agreement Act 1961

is repealed.

Commonwealth and State Housing Agreement Act 1966 repealed

7.   The Commonwealth and State Housing Agreement Act 1966

is repealed.

Commonwealth and State Housing Supplementary

Agreement Act 1955 repealed

8. The Commonwealth and State Housing Supplementary

Agreement Act 1955 is repealed.

Housing Agreement (Commonwealth and State) Act 1973 repealed, and consequential amendment

9. (1) The Housing Agreement (Commonwealth and State)

Act 1973 is repealed.

(2)

Section 52 (3) of the Housing Act 1980* is repealed.

[* Act No. 58 of 1980.

For subsequent amendments see 1996 Index to

Legislation of Western Australia, Table 1, p. 106.]

Housing Agreement (Commonwealth and State) Act 1981 repealed

10. The Housing Agreement (Commonwealth and State)

Act 1981 is repealed.

No. 10]

Statutes (Repeals and Minor Amendments)

s. 11

Act (No. 2) 1998

Imperial Acts (Masters and Apprentices) Adopting Act 1873 repealed

11. The Imperial Acts (Masters and Apprentices) Adopting

Act 1873 is repealed.

Industrial Lands (Maddington) Agreement Act 1964

repealed

12.   The Industrial Lands (Maddington) Agreement Act 1964 is

repealed.

Kalgoorlie Racecourse Tramways Act 1904 repealed

13.   The Kalgoorlie Racecourse Tramways Act 1904 is repealed.

Road Districts Rates Act 1924 repealed

14.   The Road Districts Rates Act 1924 is repealed.

Secret Harbour Management Trust Act 1984 repealed

15. The Secret Harbour Management Trust Act 1984 is

repealed.

Tourist Development (Secret Harbour) Agreement Act 1983 repealed

16. The Tourist Development (Secret Harbour) Agreement

Act 1983 is repealed.

Statutes (Repeals and Minor Amendments)

[No. 10

Act (No. 2) 1998

s. 17

PART 3 — VARIOUS ACTS AMENDED

Anatomy Act 1930 amended, and transitional and savings

17. (1) Section 2 of the Anatomy Act 1930* (‘‘the Act’’) is

amended —

(a)

byinsertingbeforethedefinitionof‘‘Executive Director’’ the following definition —

‘‘

‘‘authorized school of anatomy’’ means a school of anatomy established and conducted under a notice published under section 4;

’’;

(b)

by deleting the full stop at the end of the definition of ‘‘person’’ and substituting a semicolon; and

(c)

byinsertingafterthedefinitionof‘‘person’’the following definition —

‘‘

‘‘practice licence’’ means a licence granted or

renewed under section 5.

’’.

(2) Sections 4 and 5 of the Act are repealed and the

following sections are substituted —

‘‘

Minister may authorize schools of anatomy

4. (1) The Minister may, by notice published in the Gazette, authorize schools of anatomy to be established and conducted at such places as are determined by the Minister and specified in the notice.

No. 10]

Statutes (Repeals and Minor Amendments)

s. 17

Act (No. 2) 1998

(2) An authorization given under subsection (1) is

subject to any conditions that are —

(a)

determined by the Minister to be necessary for the proper and efficient conduct of the authorized school of anatomy; and

(b)

specified in the relevant notice.

(3) The Minister may, by notice published in the Gazette, vary or revoke an authorization given under subsection (1).

Executive Director may grant and renew licences to practise anatomy

5. (1) On the application in the form approved by the Executive Director of the person in charge of an authorized school of anatomy, the Executive Director may grant or renew a practice licence.

A person who holds a practice licence endorsed in relation to an authorized school of anatomy —

(2)

(a)

may practise anatomy at the authorized school of anatomy; and

(b)

mayauthorizeinwritingotherpersonsto practise anatomy there.

A practice licence has effect for such period as is,

and is subject to such conditions as are, specified in the

licence.

(3)

Without limiting subsection (3), it is a condition of every practice licence that the person who holds the licence shall ensure that the practice of anatomy authorized by the licence, or by the person who holds the licence, is carried out according to the provisions of this Act.

(4)

’’.

Statutes (Repeals and Minor Amendments)

[No. 10

Act (No. 2) 1998

s. 17

A school of anatomy authorized under section 4 of the Act immediately before the commencement of this section is to be taken, on and after that commencement, to be the subject of an authorization given under section 4 of the Act as amended by this section.

(3)

A person in charge of a school of anatomy referred to in subsection (3) immediately before the commencement of this section is to be taken, on and after that commencement, to hold a practice licence granted under section 5 of the Act as amended by this section that is —

(4)

(a)

endorsed in relation to the school of anatomy; and

(b)

valid for 6 months from that commencement.

A licence granted by the Governor under section 5 of the Act and in force immediately before the commencement of this section continues to have effect, on and after that commencement, as if this section had not been enacted.

(5)

(6) Section 15 of the Act is amended by inserting after

‘‘school of anatomy’’ the following —

‘‘

and under the authority of a practice licence or of a person

who holds a practice licence

’’.

(7) Section 18 of the Act is amended in the proviso by deleting ‘‘licensed person approved by the Executive Director’’ and substituting the following —

‘‘

person —

(a)

who holds a practice licence or is authorized by a person who holds a practice licence; and

(b)

whoisapprovedinwritingbytheExecutive Director,

’’.

No. 10]

Statutes (Repeals and Minor Amendments)

s. 18

Act (No. 2) 1998

Section 19 of the Act is amended by deleting the passage

from and including ‘‘No medical practitioner’’ to and including

‘‘this Act, shall’’ and substituting the following —

(8)

‘‘

A person who holds a practice licence, and any person authorized by a person who holds a practice licence, shall not

’’.

Section 22 (1) of the Act is amended by deleting ‘‘without a license from the Governor, or, having such license,’’.

(9)

(10) Section 22 (3) (b) of the Act is amended by deleting

‘‘mentioned in the’’ and substituting the following —

‘‘ specified in or applicable to a ’’.

[* Reprint authorized 18 March 1970.

For subsequent amendments see 1996 Index to

Legislation of Western Australia, Table 1, p. 10.]

Associations Incorporation Act 1987 amended

18. Section 3 (1) of the Associations Incorporation Act 1987* is

amended by deleting the definition of ‘‘Commissioner’’ and

substituting the following definition —

‘‘

‘‘Commissioner’’ has the same meaning as it has in the

Consumer Affairs Act 1971;

’’.

[* Act No. 59 of 1987.

For subsequent amendments see 1996 Index to Legislation of Western Australia, Table 1, p. 15, and Act No. 1 of 1997.]

Statutes (Repeals and Minor Amendments)

[No. 10

Act (No. 2) 1998

s. 19

Bulk Handling Act 1967 amended

19. Section 34 (1) of the Bulk Handling Act 1967* is amended by inserting after ‘‘Governor’’ the following —

‘‘ by Order in Council ’’.

[* Reprinted as at 13 September 1993.

For subsequent amendments see 1996 Index to

Legislation of Western Australia, Table 1, pp. 24-5.]

Bush Fires Act 1954 amended

20.

(1)

Section 25 (1) (a) of the Bush Fires Act 1954* (‘‘the

Act’’) is amended —

(a)

by inserting after ‘‘for any day’’ the following — ‘‘ , or any period of a day, ’’; and

(b)

by inserting after ‘‘on that day’’ the following — ‘‘ or during that period ’’.

Section 38 (6) (h) of the Act is amended by inserting after ‘‘for any day’’ the following —

(2)

‘‘ , or any period of a day, ’’.

(3)

Section 65 (3) of the Act is amended —

(a)

by inserting after ‘‘of any day’’ the following — ‘‘ , or any period of a day, ’’; and

(b)

by deleting ‘‘day.’’ and substituting the following — ‘‘ day or that period. ’’.

[* Reprinted as at 20 January 1997.

For subsequent amendments see Act No. 2 of 1996.]

No. 10]

Statutes (Repeals and Minor Amendments)

s. 21

Act (No. 2) 1998

Business Names Act 1962 amended

21. Section 4 (1) of the Business Names Act 1962* is amended

by deleting the definition of ‘‘Commissioner’’ and substituting the

following definition —

‘‘

‘‘Commissioner’’ has the same meaning as it has in the

Consumer Affairs Act 1971;

’’.

[* Reprinted as authorized 17 March 1971.

For subsequent amendments see 1996 Index to

Legislation of Western Australia, Table 1, p. 27.]

Conservation and Land Management Act 1984 amended

22. (1) Section 13E (1) of the Conservation and Land

Management Act 1984* (‘‘the Act’’) is amended —

(a)

in the definition of ‘‘licence’’, by inserting after ‘‘law’’ the following —

‘‘ other than a pipeline licence ’’; and

(b)

inthedefinitionof‘‘pipelinelicence’’,byinserting after ‘‘or’’ the following —

‘‘ a licence within the meaning of ’’.

(2)

Section 26B (1) of the Act is amended by deleting ‘‘and’’

after paragraph (e).

[* Reprinted as at 20 January 1997.

For subsequent amendments see Act No. 5 of 1997.]

Statutes (Repeals and Minor Amendments)

[No. 10

Act (No. 2) 1998

s. 23

Country Areas Water Supply Act 1947 amended, and consequential amendment

23. (1) After section 115 (1) of the Country Areas Water

Supply Act 1947* the following subsections are inserted —

‘‘

A complaint for an offence against this Act shall be made within 2 years after the commission of the offence.

(2)

Subject to sections 46, 71 and 113, proceedings for

an offence against this Act shall be dealt with summarily in

a court of summary jurisdiction.

(3)

’’.

[* Reprinted as at 27 May 1996.

For subsequent amendments see 1996 Index to

Legislation of Western Australia, Table 1, pp. 52-3.]

(2) Part 16 of the Sentencing (Consequential Provisions)

Act 1995* is repealed.

[* Act No. 78 of 1995.]

Country Towns Sewerage Act 1948 amended, and consequential amendment

24. (1) is repealed and the following section is substituted —

Section 113 of the Country Towns Sewerage Act 1948*

‘‘

Prosecution of offences

113.   (1)

Proceedings for an offence against this Act may

be taken by the Corporation or an officer or servant of the

Corporation.

Proceedings for an offence against this Act shall be dealt with summarily in a court of summary jurisdiction.

(2)

No. 10]

Statutes (Repeals and Minor Amendments)

s. 25

Act (No. 2) 1998

(3) Any penalty or forfeiture incurred under this Act may be recovered in a court of summary jurisdiction on the complaint of the Corporation or an officer or servant of the Corporation.

’’.

[* Reprinted as at 28 May 1996.

For subsequent amendments see 1996 Index to

Legislation of Western Australia, Table 1, p. 54.]

(2) Part 17 of the Sentencing (Consequential Provisions)

Act 1995* is repealed.

[* Act No. 78 of 1995.]

Cremation Act 1929 amended

25. Section 13 (1) of the Cremation Act 1929* is amended by deleting ‘‘, and is over the age of fourteen years,’’.

[* Reprint approved 8 April 1971.

For subsequent amendments see 1996 Index to Legislation of Western Australia, Table 1, p. 55 and Act No. 2 of 1996.]

Criminal Law (Mentally Impaired Defendants) Act 1996 amended

26. Section 46 (1) (b) of the Criminal Law (Mentally Impaired Defendants) Act 1996* is amended by deleting ‘‘to’’.

[* Act No. 70 of 1996.]

Dental Act 1939 amended

27. (1) amended by inserting after ‘‘The name’’ the following —

Section 30 (1) of the Dental Act 1939* (‘‘the Act’’) is

‘‘ of any ’’.

Statutes (Repeals and Minor Amendments)

[No. 10

Act (No. 2) 1998

s. 28

Section 30A of the Act is amended by deleting ‘‘dentist or a dental therapist’’ and substituting the following —

(2)

‘‘ registered person ’’.

Section 30B (1) of the Act is amended by deleting ‘‘dentist or a dental therapist’’ and substituting the following —

(3)

‘‘ registered person ’’.

(4)

Section 44 (1) (a) of the Act is deleted.

[* Reprint approved 11 January 1979.

For subsequent amendments see 1996 Index to

Legislation of Western Australia, Table 1, pp. 63-4.]

Dental Prosthetists Act 1985 amended

28. Section 5 (2) (d) (i) of the Dental Prosthetists Act 1985* is deleted and the following subparagraph is substituted —

‘‘

(i)   1shallbeappointedonthenominationofthe Australian Commercial Dental Laboratories Association Incorporated;

’’.

[* Act No. 16 of 1985.

For subsequent amendments see Act No. 4 of 1989.]

Dog Act 1976 amended

29. (1) The provisions of the Dog Act 1976* (‘‘the Act’’) mentioned in the Table to this subsection are amended by deleting ‘‘council’’ in each place where it occurs and substituting in each place the following —

‘‘ local government ’’.

No. 10]

Statutes (Repeals and Minor Amendments)

s. 29

Act (No. 2) 1998

TABLE

section 3 (definition of

section 33G (5)

‘‘authorized person’’) (in

section 33G (6) (a)

2 places)

section 33H (1) (in 2 places)

section 16 (3) (e)

section 33H (2) (in 2 places)

section 29 (1) (in 2 places)

section 33H (3)

section 29 (4) (in 3 places)

section 33H (5) (in 2 places)

section 29 (8)

section 33H (5) (a) (in

section 33E (1) (in 4 places)

2 places)

section 33F (1) (in 2 places)

section 33H (5) (b)

section 33F (2) (b) (i) (in

section 33I (1) (a)

2 places)

section 33I (1) (a) (i)

section 33F (5) (in 2 places)

section 33I (1) (b)

section 33F (5) (c)

section 33I (1) (d)

section 33F (5) (d)

section 33I (2) (a)

section 33F (6) (in 2 places)

section 33J (b)

section 33F (6) (a) (in

section 33K (2)

2 places)

section 33K (2) (d)

section 33F (6) (b)

section 33K (3) (in 3 places)

section 33F (7)

section 33K (5)

section 33F (8)

section 33K (5) (a)

section 33G (2)

section 33L (1) (b)

section 33G (2) (c)

section 33L (2) (b)

section 33G (2) (d) (i) (in

section 33M (1)

2 places)

section 33M (1) (a) (in

section 33G (3)

2 places)

section 33G (4) (in 2 places)

section 33M (1) (b) (i)

section 33G (4) (a) (in

section 33M (1) (b)

2 places)

section 39 (1) (in 2 places)

section 33G (4) (b)

section 39 (1) (b) (i)

Section 6 (4) of the Act is amended by deleting ‘‘by-law’’ and substituting the following —

(2)

‘‘ local law ’’.

[* Reprinted as at 20 November 1996.]

Statutes (Repeals and Minor Amendments)

[No. 10

Act (No. 2) 1998

s. 30

Edith Cowan University Act 1984 amended, and savings

30. (1) (‘‘the Act’’) is amended —

Section 9 (1) of the Edith Cowan University Act 1984*

(a)

inparagraph(a),bydeleting‘‘7persons’’and substituting the following —

‘‘ 6 persons ’’; and

(b)

in paragraph (f), by deleting ‘‘1 person who is’’ and substituting the following —

‘‘ 2 persons who are ’’.

(2) Despite subsection (1) (a), each person appointed and holding office as a member of the Council of the University under section 9 (1) (a) of the Act immediately before the commencement of this section continues, subject to the Act, to hold office as a member for the remainder of the period for which he or she was appointed.

[* Reprinted as at 16 May 1991.

For subsequent amendments see 1996 Index to

Legislation of Western Australia, Table 1, p. 68.]

Electricity Act 1945 amended

31. Section 33E (1) (f) (v) of the Electricity Act 1945* is amended by deleting ‘‘regulation’’ and substituting the following —

‘‘ paragraph ’’.

[* Reprinted as at 26 February 1997.]

No. 10]

Statutes (Repeals and Minor Amendments)

s. 32

Act (No. 2) 1998

Electricity Corporation Act 1994 amended

32. (1) (‘‘the Act’’) is amended —

Section 13 (5) of the Electricity Corporation Act 1994*

(a)

by deleting ‘‘officer during — ’’ and substituting the following —

‘‘ officer — ’’; and

(b)

in paragraph (a), by inserting before ‘‘a vacancy’’ the following —

‘‘ during ’’.

Clause 12 (1) of Schedule 2 to the Act is amended in the

penalty provision by deleting ‘‘3 months,’’ and substituting the

following —

(2)

‘‘ 6 months, ’’.

[* Act No. 86 of 1994.

For subsequent amendments see Act No. 55 of 1996.]

Equal Opportunity Act 1984 amended

33. (1)

(‘‘the Act’’) is amended by deleting ‘‘III or IV,’’ and substituting

the following —

Section 67 (1) (f) of the Equal Opportunity Act 1984*

‘‘ IIA, III, IV, IVA or IVB, ’’.

(2)

Section 80 of the Act is amended —

(a)

byinsertingafter‘‘possible,sexualharassment’’the following —

‘‘ and racial harassment ’’;

Statutes (Repeals and Minor Amendments)

[No. 10

Act (No. 2) 1998

s. 33

(b)

inparagraph(a),byinsertingafter‘‘orsexual’’the following —

‘‘ or racial ’’;

(c)

inparagraph(b)(ii),byinsertingafter‘‘sexual harassment’’ the following —

‘‘ and racial harassment ’’; and

(d)

in paragraph (e), by inserting after ‘‘subject to sexual’’ the following —

‘‘ or racial ’’.

Section 135 (1) of the Act is amended by deleting ‘‘III or IV.’’ and substituting the following —

(3)

‘‘ IIA, III, IV, IVA or IVB. ’’.

Section 135 (2) of the Act is amended by deleting ‘‘III or IV’’ and substituting the following —

(4)

‘‘ IIA, III, IV, IVA or IVB ’’.

Section 137 of the Act is amended by deleting ‘‘III and IV’’ and substituting the following —

(5)

‘‘ IIA, III, IV, IVA and IVB ’’.

[* Reprinted as at 16 April 1996.

For subsequent amendments see 1996 Index to

Legislation of Western Australia, Table 1, p. 75.]

No. 10]

Statutes (Repeals and Minor Amendments)

s. 34

Act (No. 2) 1998

Explosives and Dangerous Goods Act 1961 amended

34. Section 43 of the Explosives and Dangerous Goods Act 1961* is amended by deleting the subsection designation ‘‘(1)’’.

[* Reprinted as at 14 May 1992.

For subsequent amendments see 1996 Index to

Legislation of Western Australia, Table 1, p. 78.]

Fire Brigades Act 1942 amended

35. Section 47A of the Fire Brigades Act 1942* is amended by

deleting ‘‘Public Service Act 1978’’ and substituting the

following —

‘‘ Public Sector Management Act 1994 ’’.

[* Reprinted as at 17 June 1996.

For subsequent amendments see 1996 Index to

Legislation of Western Australia, Table 1, pp. 84-5.]

Fisheries Adjustment Schemes Act 1987 amended

36. (1) Section 10C (3) of the Fisheries Adjustment Schemes Act 1987* (‘‘the Act’’) is amended by deleting ‘‘, and in a fishing magazine,’’.

(2) After section 15A of the Act the following section is

inserted —

‘‘

Delegation by Minister

15B. (1) The Minister may, by instrument in writing, delegate to a person, either generally or as otherwise provided in the instrument, any of the functions of the Minister under this Act other than —

(a)

this power of delegation; or

Statutes (Repeals and Minor Amendments)

[No. 10

Act (No. 2) 1998

s. 37

(b)

a function of the Minister under section 10B, 11, 14B, 14C, 14H, 14J, 14K (1), 14M, 14O (2), 14P or 14Q.

Anything done by a delegate under this section has

the same force and effect as if it had been done by the

Minister.

(2)

’’.

[* Act No. 57 of 1987.

For subsequent amendments see 1996 Index to

Legislation of Western Australia, Table 1, p. 85.]

Gas Corporation Act 1994 amended

37.

(1)

Section 13 (5) of the Gas Corporation Act 1994* (‘‘the

Act’’) is amended —

(a)

by deleting ‘‘officer during — ’’ and substituting the following —

‘‘ officer — ’’; and

(b)

in paragraph (a), by inserting before ‘‘a vacancy’’ the following —

‘‘ during ’’.

Clause 12 (1) of Schedule 2 to the Act is amended in the

penalty provision by deleting ‘‘3 months,’’ and substituting the

following —

(2)

‘‘ 6 months, ’’.

[* Act No. 87 of 1994.

For subsequent amendments see Act No. 55 of 1996.]

No. 10]

Statutes (Repeals and Minor Amendments)

s. 38

Act (No. 2) 1998

Government Employees Superannuation Act 1987 amended

38. Section 17B (2) (d) of the Government Employees Superannuation Act 1987* is deleted and the following paragraph is substituted —

‘‘

(d)

is a member of a superannuation scheme under which benefits in respect of that person are wholly or partly funded by the employer otherwise than through contributions that the person is entitled to choose to forego in favour of receiving remuneration in cash, except that this paragraph does not apply to a member of such a scheme who, by reason of being on leave or for any other reason, is not for the time being accruing such benefits in that scheme;

’’.

[* Reprinted as at 27 May 1996.

For subsequent amendments see 1996 Index to Legislation of Western Australia, Table 1, pp. 95-6, and Acts Nos. 45 of 1996 and 17 of 1997.]

Health Act 1911 amended, and savings

39. (1)

amended in the definition of ‘‘Public Health Official’’ by deleting

‘‘health surveyor,’’ and substituting the following —

Section 3 (1) of the Health Act 1911* (‘‘the Act’’) is

‘‘ environmental health officer, ’’.

Section 246ZR (7) (a) of the Act is amended by deleting ‘‘health surveyor’’ and substituting the following —

(2)

‘‘ environmental health officer ’’.

Statutes (Repeals and Minor Amendments)

[No. 10

Act (No. 2) 1998

s. 39

(3)

Section 247G of the Act is repealed.

(4)

Section 337A (2) of the Act is amended by deleting ‘‘, and any such school shall be deemed to be a school of dental therapy that is approved by the Dental Board of Western Australia for the purposes of section 50 (2) (e) of the Dental Act 1939’’.

Section 340B (4) (a) and (b) of the Act are amended by

deleting ‘‘British Medical Association;’’ and substituting the

following —

(5)

‘‘ Australian Medical Association Inc.; ’’.

(6)

Section 340AB (3) (b) of the Act is amended by deleting

‘‘of the Department’’.

Section 340BB (3) (a) of the Act is amended by deleting ‘‘Faculty of Anaesthetists of the State Branch of the Royal Australian College of Surgeons,’’ and substituting the following —

(7)

‘‘

Western Australian Regional Committee of the Australian and New Zealand College of Anaesthetists,

’’.

(8) Despite subsection (7), a person holding office as Chairman of the Anaesthetic Mortality Committee under section 340BB (3) (a) of the Act immediately before the commencement of this section continues, subject to the Act, to hold office as Chairman for the remainder of the period for which he or she was appointed.

Section 340BB (4) (c) of the Act is amended by deleting

‘‘Australian’’ and substituting the following —

‘‘ Australasian ’’.

(9)

[* Reprinted as at 11 March 1997.

For subsequent amendments see Acts Nos. 34 of 1995 and 2 of 1996.]

No. 10]

Statutes (Repeals and Minor Amendments)

s. 40

Act (No. 2) 1998

Interpretation Act 1984 amended

40. (1)

is amended by moving the definition of ‘‘Public Service’’ to appear

in its appropriate alphabetical position.

Section 5 of the Interpretation Act 1984* (‘‘the Act’’)

(2)

Section 72 (3) of the Act is amended by inserting after

‘‘rules’’ the following —

‘‘ , local laws ’’.

[* Reprinted as at 15 March 1996.

For subsequent amendments see 1996 Index to Legislation of Western Australia, Table 1, p. 112 and Act No. 23 of 1997.]

Land Drainage Act 1925 amended

41.   (1)

Section 85 (4) of the Land Drainage Act 1925* (‘‘the Act’’) is amended by deleting ‘‘a rating’’ and substituting the following —

‘‘ rating ’’.

(2) Section 173 (1) (b) (iii) of the Act is deleted and the

following subparagraph is substituted —

‘‘

(iii)  thechiefexecutiveofficeroftheDepartmentwithin the meaning of the Transfer of Land Act 1893 or the chief executive officer of the Department within the meaning of the Mining Act 1978 that any person is registered in the relevant Department as the lessee or occupier of any land,

’’.

[* Reprinted as at 15 July 1996.

For subsequent amendments see Act No. 81 of 1996.]

Statutes (Repeals and Minor Amendments)

[No. 10

Act (No. 2) 1998

s. 42

Legal Practitioners Act 1893 amended

42. (1) The provisions of the Legal Practitioners Act 1893* (‘‘the Act’’) mentioned in the Table to this subsection are amended by deleting ‘‘Public Service Commissioner,’’ and substituting the following —

‘‘ Minister for Public Sector Management, ’’.

TABLE

section 58Q section 58S

(2) Clause 2 (2) of Part A of Schedule 2 to the Act is amended by inserting after ‘‘absence of the chairman’’ the following —

‘‘

, or during a vacancy in the office of chairman,

’’.

(3)

Clause 5 of Part C of Schedule 2 to the Act is amended

by deleting ‘‘Public Service Commissioner,’’ and substituting the

following —

‘‘ Minister for Public Sector Management, ’’.

[* Reprinted as at 27 November 1996.

For subsequent amendments see Act No. 29 of 1997.]

Limited Partnerships Act 1909 amended

43. Section 15 of the Limited Partnerships Act 1909* is amended by deleting ‘‘for Corporate Affairs’’ and substituting the following —

‘‘

within the meaning of the Consumer Affairs Act 1971

’’.

[* Reprinted as at 15 April 1985.

For subsequent amendments see Act No. 51 of 1992.]

No. 10]

Statutes (Repeals and Minor Amendments)

s. 44

Act (No. 2) 1998

Litter Act 1979 amended

44. Section 27AA of the Litter Act 1979* is amended by deleting ‘‘enforcement of regulations relating to the securing of loads carried by vehicles.’’ and substituting the following —

‘‘

the serving of infringement notices relating to offences

prescribed for the purposes of section 30.

’’.

[* Reprinted as at 14 November 1996.

For subsequent amendments see Act No. 1 of 1997.]

Local Government Grants Act 1978 amended

45. Section 8 (2) of the Local Government Grants Act 1978* is

amended by deleting ‘‘4 members.’’ and substituting the

following —

‘‘

the Chairman or Deputy Chairman and 2 other members.

’’.

[* Act No. 4 of 1978.

For subsequent amendments see 1996 Index to

Legislation of Western Australia, Table 1, p. 139.]

Local Government (Miscellaneous Provisions) Act 1960

amended

46. (1) Section 374 (2) (b) of the Local Government (Miscellaneous Provisions) Act 1960* (‘‘the Act’’) is amended by deleting the comma after ‘‘notwithstanding’’.

Section 374AAA (a) of the Act is amended by deleting ‘‘1911’’ and substituting the following —

(2)

‘‘ 1991 ’’.

Statutes (Repeals and Minor Amendments)

[No. 10

Act (No. 2) 1998

s. 46

Sections 379 (1) and 380 (1) of the Act are amended by

deleting ‘‘of the municipality’’ and substituting the following —

‘‘ for that district ’’.

(3)

Section 409 (2) of the Act is amended by deleting ‘‘notices

to be served’’ and substituting the following —

‘‘ notice to be served ’’.

(4)

Section 409 (4) of the Act is amended by deleting ‘‘unless

the requisitions’’ and substituting the following —

‘‘ unless the requisition ’’.

(5)

Section 414 of the Act is amended by deleting ‘‘Licensing

Act 1911,’’ and substituting the following —

‘‘ Liquor Licensing Act 1988, ’’.

(6)

(7) The heading to Division 13 of Part XV of the Act is amended by deleting ‘‘Council’’ and substituting the following —

‘‘ Local Government ’’.

(8) The heading to Division 20 of Part XV of the Act is

amended by deleting ‘‘By-laws’’ and substituting the following —

‘‘ Local Laws ’’.

Section 474 (6) of the Act is amended by deleting ‘‘local

government’’ in the first place where it occurs and substituting

the following —

(9)

‘‘ council ’’.

[* Reprinted as at 18 September 1996.

For subsequent amendments see 1996 Index to Legislation of Western Australia, Table 1, pp. 138-9 and Acts Nos. 34 of 1995 and 72 and 79 of 1996.]

No. 10]

Statutes (Repeals and Minor Amendments)

s. 47

Act (No. 2) 1998

Medical Act 1894 amended

47. (1) Section 1 of the Medical Act 1894* (‘‘the Act’’) is amended by deleting the portion of the section from and including ‘‘1895,’’ to the end of the section and substituting the following —

‘‘ 1895. ’’.

Section 16A (1) (aa) of the Act is amended by deleting ‘‘the fee payable’’ and substituting the following —

(2)

‘‘ fee payable ’’.

[* Reprinted as at 10 March 1988.

For subsequent amendments see 1996 Index to

Legislation of Western Australia, Table 1, p. 144-5.]

Mental Health Act 1996 amended

48. Section 175 of the Mental Health Act 1996* is amended in the definition of ‘‘affected person’’ by deleting paragraph (c) that begins ‘‘any other person who’’ and substituting the following paragraph —

‘‘

(d)

any other person who is in an institution prescribed for the purposes of this section by the regulations.

’’.

[* Act No. 68 of 1996.]

Metropolitan (Perth) Passenger Transport Trust Act 1957 amended

49. The Metropolitan (Perth) Passenger Transport Trust Act 1957* is amended after section 78C by deleting the Division

Statutes (Repeals and Minor Amendments)

[No. 10

Act (No. 2) 1998

s. 49

heading ‘‘Division 4. — Exemption’’ and inserting the following

Division —

‘‘

Division 4 — Ministerial directions, provision

of information

Minister may give directions

79. (1) The Minister may give directions to the Trust with respect to the performance by the Trust of its functions, either generally or in relation to a particular matter, and the Trust shall give effect to those directions.

The text of any direction given under subsection (1) shall be included in the annual report submitted by the accountable authority of the Trust under section 66 of the Financial Administration and Audit Act 1985.

(2)

(3) Subsection (1) has effect subject to the Statutory

Corporations (Liability of Directors) Act 1996.

Minister to have access to information

79A. (1) The Minister is entitled —

(a)

tohaveinformationinthepossessionofthe Trust; and

(b)

where the information is in or on a document, to have, and make and retain copies of, that document.

(2) For the purposes of subsection (1), the Minister

may —

(a)

request the Trust to provide information to the Minister;

No. 10]

Statutes (Repeals and Minor Amendments)

s. 50

Act (No. 2) 1998

(b)

request the Trust to give the Minister access to information;

(c)

for the purposes of paragraph (b), make use of the staff and facilities of the Trust to obtain the information and provide it to the Minister.

(3) The Trust shall comply with a request under subsection (2) and make its staff and facilities available to the Minister for the purposes of paragraph (c) of that subsection.

(4)

In this section —

‘‘document’’ includes any tape, disc or other device or medium on which information is recorded or stored;

‘‘information’’ means information specified, or of a description specified, by the Minister that relates to the functions of the Trust.

’’.

[* Reprint approved 3 March 1975.

For subsequent amendments see 1996 Index to Legislation of Western Australia, Table 1, p. 147, and Acts Nos. 1 and 2 of 1997.]

Metropolitan Water Supply, Sewerage, and Drainage Act 1909 amended, and transitional and consequential amendments

50. (1) Section 57B (1) of the Metropolitan Water Supply, Sewerage, and Drainage Act 1909* (‘‘the Act’’) is amended by deleting ‘‘Commission’’ and substituting the following —

‘‘ Minister ’’.

Statutes (Repeals and Minor Amendments)

[No. 10

Act (No. 2) 1998

s. 50

Any by-laws made and in operation under section 57B (1) of the Act as in force immediately before the commencement of this section continue in operation and have effect for all purposes as if made under that subsection as amended by this section.

(2)

(3) Section 124A (3) of the Act is amended by deleting

‘‘Managing Director’’ and substituting the following —

‘‘ chief executive officer ’’.

(4) Section 159 of the Act is repealed and the following

section is substituted —

‘‘

Proceedings for offences etc.

159. (1) Proceedings for an offence against this Act or the Metropolitan Water Authority Act 1982 may be taken by the relevant authority or an officer of the relevant authority or a person authorized in that behalf pursuant to a delegation or authorization given by the relevant authority.

Proceedings for an offence against this Act shall be dealt with summarily in a court of summary jurisdiction.

(2)

(3) Any penalty or forfeiture incurred under this Act may be recovered in a court of summary jurisdiction on the complaint of the relevant authority or an officer of the relevant authority or a person authorized in that behalf pursuant to a delegation or authorization given by the relevant authority.

(4)

In this section —

‘‘the relevant authority’’ means the Commission or

the Corporation.

’’.

[* Reprinted as at 28 May 1996.

For subsequent amendments see 1996 Index to

Legislation of Western Australia, Table 1, pp. 149-50.]

No. 10]

Statutes (Repeals and Minor Amendments)

s. 51

Act (No. 2) 1998

(5) Section 73 of the Sentencing (Consequential Provisions)

Act 1995* is repealed.

[* Act No. 78 of 1995.]

Mines Safety and Inspection Act 1994 amended

51. Section 81 (b) of the Mines Safety and Inspection Act 1994*

is amended by deleting ‘‘the coroner.’’ and substituting the

following —

‘‘ a coroner. ’’.

[* Reprinted as at 6 February 1996.

For subsequent amendments see Acts Nos. 2 and 14 of 1996.]

Mining Act 1978 amended

52. Section 24A (1) (a) of the Mining Act 1978* is amended by

deleting subparagraph (ii) and substituting the following —

‘‘

(ii)   applied for, granted, held and renewed,

in a marine nature reserve, marine park or marine

management area;

’’.

[* Reprinted as at 27 February 1996.

For subsequent amendments see 1996 Index to Legislation of Western Australia, Table 1, pp. 153-4 and Act No. 5 of 1997.]

Motor Vehicle Dealers Act 1973 amended

53. (1) (‘‘the Act’’) is amended —

Section 19 (4) of the Motor Vehicle Dealers Act 1973*

(a)

by deleting ‘‘and’’ after paragraph (a); and

Statutes (Repeals and Minor Amendments)

[No. 10

Act (No. 2) 1998

s. 53

(b)

by inserting after paragraph (a) the following —

‘‘ (aa)

if it is surrendered under section 19A; and ’’.

(2) After section 19 of the Act the following section is

inserted —

‘‘

Surrender of licence

19A. (1) The holder of a licence may, by notice in writing given to the Board and accompanied by the relevant licence, surrender that licence.

If a licence is surrendered, the Commissioner shall refund to the former holder of the licence so much of the fee last paid for the licence as the Board, on application by the former holder of the licence, specifies as appropriate to be refunded.

(2)

’’.

(3) Section 23 (1) of the Act is amended by deleting the passage from and including ‘‘section 17A — ’’ to the end of the subsection and substituting the following —

‘‘

section 17A, 14 days before any change occurs in —

(a)

the membership of the firm; or

(b)

thepersonorpersonsconcernedinthe management and conduct of any corporate member of the firm,

full particulars thereof shall be sent to the secretary.

’’.

No. 10]

Statutes (Repeals and Minor Amendments)

s. 54

Act (No. 2) 1998

(4) Section 23 (2) of the Act is amended by deleting the passage from and including ‘‘section 17A — ’’ to the end of the subsection and substituting the following —

‘‘ section 17A, 14 days before any change occurs in the persons concerned in the management and conduct of the body corporate, full particulars thereof shall be sent to the secretary.

’’.

(5) Section 23 (3) of the Act is amended by deleting

‘‘paragraph (b) of ’’ in the 2 places where it occurs.

(6)

Section 23 (4) of the Act is repealed.

[* Reprinted as at 14 November 1996.]

Murdoch University Act 1973 amended

54. (1) Section 3 (1) of the Murdoch University Act 1973* (‘‘the Act’’) is amended by deleting the definition of ‘‘student’’ and substituting the following definition —

‘‘ ‘‘student’’ means a student enrolled in the University; ’’.

(2)

Section 10 (5) of the Act is repealed.

(3)

Section 11 (2) of the Act is repealed and the following

subsections are substituted —

‘‘

(2) Subject to subsection (2a) and section 15, the Pro-Chancellor holds office for the term of 2 years from the date of his election and is eligible for re-election.

(2a) The Pro-Chancellor ceases to hold office if he

ceases to be a member of the Senate.

’’.

Section 11 (3) of the Act is amended by deleting ‘‘except the conferring of degrees’’.

(4)

Statutes (Repeals and Minor Amendments)

[No. 10

Act (No. 2) 1998

s. 55

(5)

Section 18 (1) of the Act is amended by deleting ‘‘of its

members,’’ and substituting the following — ‘‘ appointed under this Act or a Statute, ’’.

(6)

Section 23 (3) of the Act is repealed.

[* Act No. 20 of 1973.

For subsequent amendments see 1996 Index to Legislation of Western Australia, Table 1, p. 158 and Act No. 1 of 1997.]

National Environment Protection Council (Western

Australia) Act 1996 amended

55. Section 64 (1) (b) of the National Environment Protection Council (Western Australia) Act 1996* is deleted and the following is substituted —

‘‘

(b)

the extent to which the object set out in section 3 of each such Act has been achieved,

to be undertaken as soon as possible after the fifth anniversary of the commencement of that corresponding Act of the Commonwealth.

’’.

[* Act No. 73 of 1996.]

Occupational Safety and Health Act 1984 amended

56. Section 53 (c) of the Occupational Safety and Health Act 1984* is deleted and the following paragraph is substituted —

‘‘ (c)

a particular person had —

(i)

control of a particular workplace; or

(ii)

control of the means of access to or egress from a particular workplace;

’’.

[* Reprinted as at 15 May 1996.]

No. 10]

Statutes (Repeals and Minor Amendments)

s. 57

Act (No. 2) 1998

Parliamentary Commissioner Act 1971 amended

57. (1) Section 5 (10) of the Parliamentary Commissioner Act 1971* (‘‘the Act’’) is amended by deleting ‘‘Section 34 of the Interpretation Act 1918’’ and substituting the following —

‘‘ Section 52 of the Interpretation Act 1984 ’’.

(2) Section 21 of the Act is amended by deleting the

subsection designation ‘‘(1)’’.

[* Reprinted as at 20 January 1997.]

Pay-roll Tax Assessment Act 1971 amended

58.

(1)

Section 3 (1) of the Pay-roll Tax Assessment Act 1971*

(‘‘the Act’’) is amended in the definition of ‘‘Commissioner’’ by deleting ‘‘Public Service Act 1978;’’ and substituting the following —

‘‘ Public Sector Management Act 1994; ’’.

Section 11D (3a) of the Act is amended by inserting after ‘‘or 16J’’ the following —

(2)

‘‘ (6) ’’.

[* Reprinted as at 12 November 1996.

For subsequent amendments see Act No. 13 of 1996.]

Police Act 1892 amended

59. Section 3 of the Police Act 1892* is amended by deleting the

portion of the section that follows ‘‘Police Act 1892’’ and

substituting a full stop.

[* Reprinted as at 31 January 1997.]

Statutes (Repeals and Minor Amendments)

[No. 10

Act (No. 2) 1998

s. 60

Prisoners (Release for Deportation) Act 1989 amended

60. Section 3 (1) of the Prisoners (Release for Deportation) Act 1989* is amended in paragraph (c) of the definition of ‘‘prison’’ by inserting before ‘‘Young Offenders Act 1994’’ the following —

‘‘ the ’’.

[* Act No. 15 of 1989.

For subsequent amendments see 1996 Index to

Legislation of Western Australia, Table 1 p. 183.]

Reprints Act 1984 amended

61. (1) Section 4 of the Reprints Act 1984* (‘‘the Act’’) is

amended —

(a)

byinsertingafterthesectiondesignation‘‘4.’’the subsection designation ‘‘(1)’’; and

(b)

by inserting the following subsection —

‘‘

(2) For the purposes of this Act, ‘‘written law’’ includes rules made under the Royal Prerogative in relation to Queen’s Counsel.

’’.

Section 7 (5) of the Act is amended by inserting after

paragraph (b) the following paragraph —

‘‘

(2)

(ba) correct any inconsistency within a written law in respect of any matter mentioned in paragraph (b);

’’.

No. 10]

Statutes (Repeals and Minor Amendments)

s. 62

Act (No. 2) 1998

(3) After section 7 of the Act the following section is

inserted —

‘‘

Delegation

7A. The Attorney General may, by instrument in writing, delegate to the Parliamentary Counsel the functions and powers conferred on the Attorney General under sections 5 (1) and (3), 6 (3) and 7 (6).

’’.

[* Reprinted as at 18 September 1996.]

Restraining Orders Act 1997 amended

62. (1) Section 3 of the Restraining Orders Act 1997* (‘‘the

Act’’) is amended —

(a)

inthedefinitionof‘‘finalorder’’,byinsertingafter paragraph (b) the following paragraph —

‘‘

(ba)

made under section 40 (3); ’’; and

(b)

in the definition of ‘‘final order hearing’’, by inserting after ‘‘section 33 (1)’’ the following —

‘‘ , 40 (3) ’’.

(2)

After section 40 (2) of the Act the following subsections

are inserted —

‘‘

(3) When hearing a matter in the absence of the

respondent, the court is to —

(a)

make a restraining order;

(b)

dismiss the application;

Statutes (Repeals and Minor Amendments)

[No. 10

Act (No. 2) 1998

s. 63

(c)

direct the clerk to fix a hearing and summons the respondent to attend the hearing; or

(d)

adjourn the mention hearing.

(4)

The clerk is to prepare and serve an order made

under subsection (3) (a).

’’.

[* Act No. 19 of 1997.]

Rights in Water and Irrigation Act 1914 amended

63. Section 27 (ga) of the Rights in Water and Irrigation Act 1914* is amended by deleting ‘‘the licence;’’ and substituting the following —

‘‘ a licence issued under this Act; ’’.

[* Reprinted as at 2 April 1996.

For subsequent amendments see 1996 Index to Legislation of

Western Australia, Table 1, pp. 197-8.]

Sentencing (Consequential Provisions) Act 1995 amended

64. (1) Section 62 (2) of the Sentencing (Consequential Provisions) Act 1995* (‘‘the Act’’) is amended by deleting ‘‘section 53’’ and substituting the following —

‘‘ section 59 ’’.

Section 68 of the Act is amended in the Table by deleting

the items relating to section 523 (1) and section 672 of the Local

Government Act 1960.

(2)

(3)

Part 77 of the Act is repealed.

No. 10]

Statutes (Repeals and Minor Amendments)

s. 65

Act (No. 2) 1998

(4) Part 88 of the Act is amended by deleting the items

relating to the —

(a)

Local Government Act 1960;

(b)

Pawnbrokers Act 1860;

(c)

Totalisator Agency Board Betting Act 1960; and

(d)

Whaling Act 1937.

[* Act No. 78 of 1995.]

Spent Convictions Act 1988 amended

65. (1) Section 12 (a) of the Spent Convictions Act 1988*

(‘‘the Act’’) is amended —

(a)

by inserting ‘‘and’’ after subparagraph (i);

(b)

by deleting ‘‘and’’ after subparagraph (ii); and

(c)

by deleting subparagraph (iii).

Clause 2 (2) (a) of Schedule 3 to the Act is amended by

deleting subparagraph (v) and substituting the following

subparagraph —

(2)

‘‘ (v)

Chapter XXXI (sexual offences); ’’.

Clause 3 (2) (a) of Schedule 3 to the Act is amended by

deleting ‘‘the Criminal Code — ’’ and substituting the

following —

(3)

‘‘ The Criminal Code ’’.

[* Reprinted as at 19 November 1996.

For subsequent amendments see Act No. 27 of 1996.]

Statutes (Repeals and Minor Amendments)

[No. 10

Act (No. 2) 1998

s. 66

Strata Titles Act 1985 amended

66. Section 123A of the Strata Titles Act 1985* (as inserted by Act No. 34 of 1995) —

(a)

isamendedbydeletingthesectiondesignation ‘‘123A.’’ and substituting the section designation ‘‘122A.’’; and

(b)

as so amended, is moved to appear after section 122 of the Act.

[* Reprinted as at 20 January 1997.]

Totalisator Agency Board Betting Act 1960 amended

67. Section 3 of the Totalisator Agency Board Betting Act 1960*

is amended by deleting the definition of ‘‘Chairman’’ and

substituting the following definition —

‘‘ ‘‘chairperson’’ means the chairperson of the Board; ’’.

[* Reprinted as at 2 December 1996.]

Town Planning and Development Act 1928 amended

68. (1) Section 7B (8) (a) (ii) of the Town Planning and Development Act 1928* (‘‘the Act’’) is deleted and the following is substituted —

‘‘

(ii)   to cease any development commenced, continued or carried out,

in contravention of the provisions of the order on that land,

’’.

No. 10]

Statutes (Repeals and Minor Amendments)

s. 69

Act (No. 2) 1998

(2) Section 9 (2b) of the Act is amended by deleting

‘‘EPA Act’’ and substituting the following —

‘‘ EP Act ’’.

[* Reprinted as at 21 February 1996.

For subsequent amendments see 1996 Index to Legislation of

Western Australia, Table 1, pp. 230-1.]

Transfer of Land Act 1893 amended

69. (1)

(‘‘the Act’’) is amended by deleting ‘‘certified mail’’ and

substituting the following —

Section 106 (2) (b) of the Transfer of Land Act 1893*

‘‘ registered post ’’.

(2) Section 121 (2) (b) of the Act is amended by deleting

‘‘certified mail’’ and substituting the following —

‘‘ registered post ’’.

[* Reprinted as at 13 May 1997.]

University of Western Australia Act 1911 amended

70. (1) Section 11 (1) of the University of Western Australia

Act 1911* (‘‘the Act’’) is amended —

(a)

by deleting ‘‘(1) Except as provided in subsection (2), no’’ and substituting the following —

‘‘ No ’’; and

(b)

by deleting paragraph (a).

(2)

Section 11 (2) of the Act is repealed.

[* Reprinted as at 31 March 1993.

For subsequent amendments see 1996 Index to Legislation of

Western Australia, Table 1, pp. 237-8.]

Statutes (Repeals and Minor Amendments)

[No. 10

Act (No. 2) 1998

s. 71

Valuation of Land Act 1978 amended

71.   (1)

Section 4 (1) of the Valuation of Land Act 1978* (‘‘the

Act’’) is amended in paragraph (b) of the definition of

‘‘unimproved value’’ —

(a)

insubparagraph(ii)(III),bydeleting‘‘rent’’and substituting the following —

‘‘ fee ’’; and

(b)

in subparagraph (ii) (IV), by inserting after ‘‘rent’’ the following —

‘‘ or fee ’’.

Section 32 (1) of the Act is amended by deleting ‘‘this Act,’’ and substituting the following —

(2)

‘‘ Part III, ’’.

[* Reprinted as at 23 April 1996.

For subsequent amendments see 1996 Index to Legislation of

Western Australia, Table 1, p. 239.]

Water and Rivers Commission Act 1995 amended

72. Clause 17 (1) of Schedule 1 to the Water and Rivers Commission Act 1995* is amended in the penalty provision by deleting ‘‘3 months,’’ and substituting the following —

‘‘ 6 months, ’’.

[* Act No. 71 of 1995.]

No. 10]

Statutes (Repeals and Minor Amendments)

s. 73

Act (No. 2) 1998

Water Corporation Act 1995 amended

73. (1) Section 13 (5) of the Water Corporation Act 1995*

(‘‘the Act’’) is amended —

(a)

by deleting ‘‘officer during — ’’ and substituting the following —

‘‘ officer — ’’; and

(b)

in paragraph (a), by inserting before ‘‘a vacancy’’ the following —

‘‘ during ’’.

(2) Section 29 (2) (j) of the Act is amended by deleting

‘‘section 27 (1) (d),’’ and substituting the following —

‘‘ section 27 (1) (e), ’’.

Clause 12 (1) of Schedule 2 to the Act is amended in the

penalty provision by deleting ‘‘3 months,’’ and substituting the

following —

(3)

‘‘ 6 months, ’’.

[* Act No. 70 of 1995.

For subsequent amendments see Act No. 55 of 1996.]

Westpac Banking Corporation (Challenge Bank) Act 1996 amended

74. Section 12 of the Westpac Banking Corporation (Challenge Bank) Act 1996* is amended by deleting ‘‘(Western Australian)’’ in the 3 places where it occurs and substituting in each place the following —

‘‘ (Western Australia) ’’.

[* Act No. 33 of 1996.]

Statutes (Repeals and Minor Amendments)

[No. 10

Act (No. 2) 1998

s. 75

Wildlife Conservation Act 1950 amended

75. Section 27A (1) of the Wildlife Conservation Act 1950* is

amended by deleting ‘‘or proclamation made’’ and substituting

the following —

‘‘ made or a notice published ’’.

[* Reprint approved 30 June 1980.

For subsequent amendments see 1996 Index to Legislation of

Western Australia, Table 1, pp. 250-1.]

Various Acts amended

76. Each Act mentioned in column 1 of the Table to this section

is amended by repealing the corresponding provision of the Act

mentioned in column 2 of the Table.

TABLE

Column 1

Column 2

Short title of Act

Provision repealed

Alcohol and Drug Authority Act 1974

section 3

Australia and New Zealand Banking

section 2

Group Act 1970

Bills of Sale Act 1899

section 2A

Bulk Handling Act 1967

* section 3

Cattle Industry Compensation Act 1965

section 3

Charitable Trusts Act 1962

section 2

Chiropractors Act 1964

section 3

City of Perth Parking Facilities Act 1956

section 2

No. 10]

Statutes (Repeals and Minor Amendments)

s. 76

Act (No. 2) 1998

Companies (Co-operative) Act 1943

section 2

Constitution Act 1889

* section 1

Constitution Acts Amendment Act 1899

* section 4

Disposal of Uncollected Goods Act 1970

section 3

Dividing Fences Act 1961

section 1 (3)

Electoral Act 1907

* section 3

Electricity Act 1945

section 2

Fertilizers Act 1977

section 4

Finance Brokers Control Act 1975

* section 3

Fire Brigades Act 1942

* section 2

Fuel, Energy and Power Resources

section 4A

Act 1972

Government Employees’ Housing

section 3

Act 1964

Grain Marketing Act 1975

* section 3

Income Tax Assessment Act 1937

section 4

Land Valuation Tribunals Act 1978

section 3

Legal Contribution Trust Act 1967

section 3

Life Assurance Companies Act 1889

section 1

Marketing of Eggs Act 1945

section 2

Statutes (Repeals and Minor Amendments)

[No. 10

Act (No. 2) 1998

s. 76

Matrimonial Causes and Personal Status

section 2

Code 1948

Optometrists Act 1940

section 2

Parliamentary Commissioner Act 1971

* section 3

Pay-roll Tax Assessment Act 1971

* section 2

Pharmacy Act 1964

section 3

Pig Industry Compensation Act 1942

section 2

Poisons Act 1964

* section 3

Property Law Act 1969

* section 3

Radiation Safety Act 1975

section 3

Sale of Land Act 1970

section 3

Securities Industry Act 1975

section 2

Securities Industry (Application of Laws)

section 3

Act 1981

Small Claims Tribunals Act 1974

* section 3

Special Tax Acts Revision Act 1937

section 2

Special Tax Assessment Acts Revision

section 2

Act 1937

Statistics Act 1907

section 1A

Stock Diseases (Regulations) Act 1968

section 3

Supreme Court Act 1935

* section 2

No. 10]

Statutes (Repeals and Minor Amendments)

s. 76

Act (No. 2) 1998

Valuation of Land Act 1978

section 3

Weights and Measures Act 1915

section 2

Western Australian Meat Industry

section 3

Authority Act 1976

Note: A section designated with an asterisk in this Table was omitted from the relevant Act when the Act was reprinted under the Reprints Act 1984.

______________

By Authority: JOHN A. STRIJK, Government Printer

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