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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Acts Amendment and Repeal (Competition Policy) Bill 2000 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Repeals 3. Bread Act 1982 repealed, and consequential amendment 3 4. Racing Restriction Act 1927 repealed, and consequential amendment 3 Part 3 -- Amendments 5. Bush Fires Act 1954 amended 4 6. Chicken Meat Industry Act 1977 amended 5 7. Eastern Goldfields Transport Board Act 1984 amended 10 8. Edith Cowan University Act 1984 amended 10 9. Gold Corporation Act 1987 amended 12 10 . Hire-Purchase Act 1959 amended 15 11 . Licensed Surveyors Act 1909 amended, and transitional 17 12 . Racing Restriction Act 1917 amended 20 13 . Sandalwood Act 1929 amended 25 14 . Valuation of Land Act 1978 amended, and transitional 25 15 . Western Australian Greyhound Racing Authority Act 1981 amended 27 page i 132--1 Western Australia LEGISLATIVE ASSEMBLY Acts Amendment and Repeal (Competition Policy) Bill 2000 A Bill for An Act to amend the statute law for the purposes of competition policy by repealing -- • the Bread Act 1982; and • the Racing Restriction Act 1927, and by making amendments to various enactments, and for related purposes. The Parliament of Western Australia enacts as follows: page 1 Acts Amendment and Repeal (Competition Policy) Bill 2000 Part 1 Preliminary s. 1 Part 1 -- Preliminary 1. Short title This Act may be cited as the Acts Amendment and Repeal (Competition Policy) Act 2000. 5 2. Commencement (1) This Act comes into operation on a day fixed by proclamation. (2) Different days may be fixed under subsection (1) for different provisions. page 2 Acts Amendment and Repeal (Competition Policy) Bill 2000 Repeals Part 2 s. 3 Part 2 -- Repeals 3. Bread Act 1982 repealed, and consequential amendment (1) The Bread Act 1982 is repealed. (2) The Schedule to the Consumer Affairs Act 1971* is amended by 5 deleting "Bread Act 1982.". [* Reprinted as at 25 March 1999.] 4. Racing Restriction Act 1927 repealed, and consequential amendment (1) The Racing Restriction Act 1927 is repealed. 10 (2) Section 3 of the Western Australian Greyhound Racing Authority Act 1981* is repealed. [* Reprinted as at 1 January 1999.] page 3 Acts Amendment and Repeal (Competition Policy) Bill 2000 Part 3 Amendments s. 5 Part 3 -- Amendments 5. Bush Fires Act 1954 amended (1) The amendments in this section are to the Bush Fires Act 1954*. [* Reprinted as at 20 January1997. 5 For subsequent amendments see 1999 Index to Legislation of Western Australia, Table 1, p. 29 .] (2) Section 7 is amended as follows: (a) by inserting before "In" the subsection designation "(1)"; 10 (b) in the definition of "occupier of land" by inserting after "means" -- " , subject to subsection (2), "; (c) by inserting the following subsection -- " 15 (2) Except as stated in section 33(9), a reference in this Act to an "owner or occupier of land" does not include a reference to a State agency or instrumentality that owns or occupies land or to a department of the Public Service that manages land. 20 ". (3) After section 33(8) the following subsection is inserted -- " (9) In this section -- "CALM Act" means the Conservation and Land 25 Management Act 1984; "Department" means the department of the Public Service referred to in section 32 of the CALM Act; "Executive Director" means the body corporate referred to in section 38 of the CALM Act; page 4 Acts Amendment and Repeal (Competition Policy) Bill 2000 Amendments Part 3 s. 6 "owner or occupier of land" includes -- (a) a prescribed State agency or instrumentality that owns or occupies land; and (b) the Executive Director in relation to land 5 managed by the Department under an agreement entered into by the Executive Director under section 16(1) of the CALM Act. ". 10 6. Chicken Meat Industry Act 1977 amended (1) The amendments in this section are to the Chicken Meat Industry Act 1977*. [* Act No. 58 of 1977. For subsequent amendments see 1999 Index to Legislation of 15 Western Australia, Table 1, p. 35.] (2) Section 4(1) is amended by deleting the definitions of "establish" and "processing plant". (3) Section 4(2) is amended by deleting "a processor to a grower" in the first place where it occurs and inserting instead -- 20 " processors to growers ". (4) Section 15 is amended as follows: (a) before "The" by inserting the subsection designation "(1)"; (b) in paragraph (c) after "processor" by inserting -- 25 " that is in or to the effect of the prescribed form of agreement "; (c) at the end of paragraph (f) by deleting the semicolon and 30 inserting a full stop instead; page 5 Acts Amendment and Repeal (Competition Policy) Bill 2000 Part 3 Amendments s. 6 (d) by deleting paragraph (g); (e) by inserting the following subsection -- " (2) Without limiting paragraph (c) of subsection (1), the 5 matters that may be taken into consideration by the Committee in performing its function under that paragraph include -- (a) the productivity of growers; (b) the average price for the time being determined 10 under section 16; and (c) the market for chicken meat. ". (5) Section 16(1) is amended by deleting "standard price" and inserting instead -- 15 " average price that, subject to subsection (6), is ". (6) Section 16(4) is amended as follows: (a) by deleting "standard price" and inserting instead -- " average price that, subject to subsection (6), is "; (b) by deleting "using cost of production figures supplied by 20 the Department". (7) Section 16(5) is amended by deleting "standard" and inserting instead -- " average ". (8) Section 16(6)(b) is amended by deleting "all processors and 25 growers" and inserting instead -- " a processor and a grower to whom subsection (7) applies in relation to broiler chickens purchased or otherwise received pursuant to an agreement referred to 30 in that subsection ". page 6 Acts Amendment and Repeal (Competition Policy) Bill 2000 Amendments Part 3 s. 6 (9) After section 16(6) the following subsection is inserted -- " (7) This subsection applies to a processor and a grower between whom there is a written agreement for the 5 processor to purchase or otherwise receive broiler chickens from the grower -- (a) that is in or to the effect of the prescribed form of agreement; or (b) that was, at the time it was entered into, in or to 10 the effect of the form of agreement prescribed at that time. ". (10) Section 17 is repealed. (11) Section 18(1) is amended by deleting "in or to the effect of the 15 prescribed form of agreement" and inserting instead -- " to which subsection (1a) applies ". (12) After section 18(1) the following subsections are inserted -- " (1a) This subsection applies to -- 20 (a) an agreement in or to the effect of the prescribed form of agreement; or (b) any other written agreement that provides for a dispute arising under the agreement to be placed before the Committee for determination. 25 (1b) Subsection (1a) does not apply to an agreement referred to in paragraph (b) of that subsection if -- (a) the agreement provides for a dispute arising under the agreement to be placed before the Committee for determination only if the Committee is 30 satisfied that certain conditions specified in the agreement have been satisfied; and page 7 Acts Amendment and Repeal (Competition Policy) Bill 2000 Part 3 Amendments s. 6 (b) the Committee is not satisfied that those conditions have been satisfied. ". (13) Section 19 is repealed. 5 (14) After section 19A(5) the following subsection is inserted -- " (5a) If regulations prescribe the requirements with which growing premises have to comply, the Committee -- (a) shall approve growing premises in respect of 10 which an application is made if the Committee is satisfied that the premises comply with those requirements; and (b) shall refuse to approve growing premises in respect of which an application is made if the 15 Committee is satisfied that the premises do not comply with those requirements. ". (15) Section 19A(8) is amended after "subsection (9)" by inserting -- 20 " and (9a) ". (16) After section 19A(9) the following subsection is inserted -- " (9a) If -- (a) regulations prescribe the requirements with 25 which growing premises have to comply; and (b) the Committee is satisfied that growing premises approved under this section do not comply with those requirements, the Committee shall revoke the approval by notice in 30 writing served on the person granted the approval. ". page 8 Acts Amendment and Repeal (Competition Policy) Bill 2000 Amendments Part 3 s. 6 (17) Section 19A(10) is amended after "subsection (9)" by inserting -- " or (9a) ". (18) Section 19A(13) is repealed. 5 (19) Section 24(2) is amended as follows: (a) before paragraph (a) by inserting the following paragraph -- " (aa) providing for environmental, animal welfare 10 and health matters relating to the growing of chickens; "; (b) in paragraph (a) by deleting "section 17;" and inserting instead -- 15 " sections 16 and 18; "; (c) in paragraph (b) by deleting "standard" and inserting instead -- " average "; (d) in paragraph (d) by deleting "section 15;" and inserting 20 instead -- " section 15(1); "; (e) in paragraph (e) by deleting "information required for the purposes of the records referred to in paragraph (d) of section 15;" and inserting instead -- 25 " information -- (i) required for the purposes of the records referred to in section 15(1)(d); or (ii) relating to compliance with the 30 requirements of the regulations; "; page 9 Acts Amendment and Repeal (Competition Policy) Bill 2000 Part 3 Amendments s. 7 (f) after paragraph (f) by inserting the following paragraph -- " (fa) prescribing for the purposes of section 19A the requirements with which growing premises 5 have to comply; ". (20) Section 24(3)(a) is amended by deleting "standard" and inserting instead -- " average ". 10 (21) Sections 27 and 28 are repealed. 7. Eastern Goldfields Transport Board Act 1984 amended (1) The amendments in this section are to the Eastern Goldfields Transport Board Act 1984*. [* Reprinted as at 7 January 2000.] 15 (2) Section 5(2) is repealed and the following subsection is inserted instead -- " (2) The Board is not an agent of the Crown and does not have the status, immunities and privileges of the Crown. 20 ". (3) Section 35 is repealed. 8. Edith Cowan University Act 1984 amended Section 38 of the Edith Cowan University Act 1984* is repealed and the following sections are inserted instead -- 25 " 38. Powers of Council to invest Subject to section 38A in relation to moneys held on trust by the University for the purposes of the University, the Council -- 30 (a) may invest any moneys standing to the credit of the Edith Cowan University Account that are not page 10 Acts Amendment and Repeal (Competition Policy) Bill 2000 Amendments Part 3 s. 8 immediately required for the purposes of this Act in any securities that the Council thinks fit; and (b) may sell and realise any security or reinvest the proceeds of any sale. 5 38A. Trust property and trust moneys The Council -- (a) may act as trustee or manager of any property or moneys held on trust by the University for the purposes of the University; and 10 (b) may apply any property or moneys so held, and not immediately required for the purposes of the trust declared in relation to the property or moneys, in any way that is not inconsistent with the instrument creating the trust. 15 38B. Repayment of trust moneys (1) In this section -- "trust moneys" means moneys that are applied under section 38A(b). (2) The amount of trust moneys that are applied -- 20 (a) is taken to be a loan to the University from the trust estate or trust fund from which the amount is taken; and (b) subject to subsection (3), is repayable by the Council as approved by the Minister with 25 interest at the rate approved by the Minister from time to time. (3) An amount that is repayable under subsection (2)(b) (including interest on the amount) is to be repaid by the Council within 25 years. 30 ". [* Reprinted as at 1 October 1999.] page 11 Acts Amendment and Repeal (Competition Policy) Bill 2000 Part 3 Amendments s. 9 9. Gold Corporation Act 1987 amended (1) The amendments in this section are to the Gold Corporation Act 1987*. [* Reprinted as at 24 August 1994. 5 For subsequent amendments see 1999 Index to Legislation of Western Australia, Table 1, p. 101.] (2) Section 4 is amended as follows: (a) in subsection (5) by deleting "all local government rates and charges and"; 10 (b) after subsection (5) by inserting the following subsections -- " (6) No local government rate or charge is to be imposed or levied on any land vested in, or the care, control and 15 management of which are placed with, Gold Corporation, that is used or reserved exclusively for the purpose of providing works, undertakings or facilities necessary to the performance of the functions of Gold Corporation. 20 (7) Gold Corporation is to pay to the Treasurer for the benefit of the Consolidated Fund in respect of a financial year a sum equal to the amount of any local government rate or charge that, apart from subsection (6), Gold Corporation would have been 25 liable to pay in respect of the financial year. (8) Amounts payable under subsection (7) -- (a) are to be determined in accordance with the principles; and (b) are to be paid at the time or times, 30 that the Treasurer may direct. ". page 12 Acts Amendment and Repeal (Competition Policy) Bill 2000 Amendments Part 3 s. 9 (3) Section 20 is repealed. (4) Section 21(3) is amended by deleting "under section 20." and inserting instead -- " 5 by Gold Corporation under the State Enterprises (Commonwealth Tax Equivalents) Act 1996. ". (5) After section 22 the following section is inserted in Part IV -- " 10 23. Charges for guarantee (1) The Treasurer may, after consultation with the Board, fix charges to be paid by, as the case requires, Gold Corporation, the Mint or Goldcorp to the Treasurer for the benefit of the Consolidated Fund in respect of a 15 guarantee under section 22. (2) Amounts payable under subsection (1) are to be paid at the times, and in the instalments, that the Treasurer may direct. ". 20 (6) Section 35 is amended as follows: (a) in subsection (6) -- (i) by deleting "but subject to subsection (7)"; and (ii) by deleting "all local government rates and charges and"; 25 (b) by repealing subsection (7) and inserting the following subsections instead -- " (7) No local government rate or charge is to be imposed or levied on any land vested in, or the care, control and 30 management of which are placed with, the Mint, that is used or reserved exclusively for the purpose of page 13 Acts Amendment and Repeal (Competition Policy) Bill 2000 Part 3 Amendments s. 9 providing works, undertakings or facilities necessary to the performance of the functions of the Mint. (7a) The Mint is to pay to the Treasurer for the benefit of the Consolidated Fund in respect of a financial year a 5 sum equal to the amount of any local government rate or charge that, apart from subsection (7), the Mint would have been liable to pay in respect of the financial year. (7b) Amounts payable under subsection (7a) -- 10 (a) are to be determined in accordance with the principles; and (b) are to be paid at the time or times, that the Treasurer may direct. ". 15 (7) Section 44(c) is amended by deleting "section 20 instead of income tax" and inserting instead -- " section 5 of the State Enterprises (Commonwealth Tax Equivalents) Act 1996 20 ". (8) Section 48 is amended as follows: (a) in subsection (5) by deleting "all local government rates and charges and"; (b) after subsection (5) by inserting the following 25 subsections -- " (6) No local government rate or charge is to be imposed or levied on any land vested in, or the care, control and management of which are placed with, GoldCorp, that 30 is used or reserved exclusively for the purpose of page 14 Acts Amendment and Repeal (Competition Policy) Bill 2000 Amendments Part 3 s. 10 providing works, undertakings or facilities necessary to the performance of the functions of GoldCorp. (7) GoldCorp is to pay to the Treasurer for the benefit of the Consolidated Fund in respect of a financial year a 5 sum equal to the amount of any local government rate or charge that, apart from subsection (6), GoldCorp would have been liable to pay in respect of the financial year. (8) Amounts payable under subsection (7) -- 10 (a) are to be determined in accordance with the principles; and (b) are to be paid at the time or times, that the Treasurer may direct. ". 15 (9) Section 53(c) is amended by deleting "section 20 instead of income tax" and inserting instead -- " section 5 of the State Enterprises (Commonwealth Tax Equivalents) Act 1996 20 ". 10. Hire-Purchase Act 1959 amended (1) The amendments in this section are to the Hire-Purchase Act 1959*. [* Reprinted as at 5 February 1986. 25 For subsequent amendments see 1999 Index to Legislation of Western Australia, Table 1, p. 113.] (2) Section 1(4) is repealed. page 15 Acts Amendment and Repeal (Competition Policy) Bill 2000 Part 3 Amendments s. 10 (3) After section 1 the following section is inserted -- " 1A. Application of Act (1) Subject to section 1(5), this Act applies to and in 5 relation to a hire-purchase agreement, and any agreement made in relation to a hire-purchase agreement, that has effect immediately before the day on which section 10 of the Acts Amendment and Repeal (Competition Policy) Act 2000 comes into operation. 10 (2) Subject to this section, this Act does not apply to or in relation to an exempt hire-purchase agreement. (3) Section 2 applies to and in relation to an exempt hire-purchase agreement as if, in subsection (2)(c) of that section, "in section 12A and" and "under 15 section 12" were deleted. (4) For the purposes of, and subject to, section 25, section 13(1) and (2) apply to and in relation to an exempt hire-purchase agreement as if -- (a) the reference in section 13(1) to a notice in 20 writing in the form of the Third Schedule were a reference to a notice in writing to the effect of that Schedule; and (b) in section 13(2), "section 12A or" were deleted. 25 (5) Section 15(1) (except paragraph (a)), (2), (3) and (6) and section 17 apply to and in relation to an exempt hire-purchase agreement. (6) Section 24 applies to and in relation to an exempt hire-purchase agreement as if -- 30 (a) subsection (6)(a) of that section; and page 16 Acts Amendment and Repeal (Competition Policy) Bill 2000 Amendments Part 3 s. 11 (b) in subsection (6)(b) of that section "in any other case -- ", were deleted. (7) Section 25 applies to and in relation to an exempt 5 hire-purchase agreement. (8) In this section -- "exempt hire-purchase agreement" means a hire-purchase agreement, and any agreement made in relation to a hire-purchase agreement, entered 10 into on or after the day referred to in subsection (1). ". 11. Licensed Surveyors Act 1909 amended, and transitional (1) The amendments in this section are to the Licensed Surveyors 15 Act 1909*. [* Reprinted as at 1 January 1999. For subsequent amendments see 1999 Index to Legislation of Western Australia, Table 1, p. 141.] (2) Section 4(1) is amended as follows: 20 (a) in paragraph (a) by deleting "and the chairman thereof"; (b) by deleting paragraph (b) and inserting the following paragraphs instead -- " (b) one member appointed by the Governor, on the 25 nomination of the chief executive officer, to represent interests in relation to land registration matters; (ba) one member appointed by the Governor, on the nomination of the Minister, to represent the 30 interests of the users of licensed surveyors' services; "; page 17 Acts Amendment and Repeal (Competition Policy) Bill 2000 Part 3 Amendments s. 11 (c) in paragraph (c) after "surveyors" by inserting -- " who hold practising certificates ". (3) Section 4(1a) is repealed and the following subsections are inserted instead -- 5 " (1a) The Governor shall appoint, on the nomination of the Minister, one of the members of the Board to be the chairman of the Board. (1b) One person appointed under subsection (1)(a), (b), (ba) 10 or (d) shall be a licensed surveyor who holds a practising certificate. ". (4) Section 4(4) is amended as follows: (a) by deleting "Institute" in both places where it occurs and 15 inserting in each place instead -- " Minister "; (b) by deleting "Surveyor General" in the second and third places where it occurs and inserting in each place instead -- 20 " chief executive officer "; (c) before "if by an educational" by inserting -- " if by the Institute, he shall be nominated by the Institute, and, 25 ". (5) Section 4(5) is amended as follows: (a) after "whenever" by deleting "the Surveyor General,"; (b) in paragraph (a) by deleting "the Surveyor General,"; page 18 Acts Amendment and Repeal (Competition Policy) Bill 2000 Amendments Part 3 s. 11 (c) in paragraph (a) by deleting "subsection (1)(b), (c)" and inserting instead -- " subsection (1)(c) "; (d) in paragraph (b) by deleting "the Surveyor General,". 5 (6) Section 4(5a) is amended by deleting "subsection (4a)(a)," and inserting instead -- " subsection (4a), ". (7) Section 7 is amended as follows: (a) in paragraph (a) by deleting "and is of good fame and 10 character"; (b) after paragraph (a) by inserting the following paragraphs -- " (aa) has not, during the period of 10 years before 15 making the application, been convicted of, or served any part of a term of imprisonment for, an offence in Western Australia or elsewhere involving fraud or dishonesty; (ab) is not bound in relation to an offence referred to 20 in paragraph (aa) by a bail undertaking; (ac) does not have a charge pending in relation to an offence referred to in paragraph (aa); ". (8) Section 26A(3)(c) is deleted. 25 (9) A person appointed under section 4 of the Licensed Surveyors Act 1909 as a member of the Land Surveyors Licensing Board and holding office immediately before the commencement of this section continues to hold office under the first-mentioned section during the period from that commencement until the 30 following 31 December ("the transitional period") as if this section had not been enacted. page 19 Acts Amendment and Repeal (Competition Policy) Bill 2000 Part 3 Amendments s. 12 (10) The Surveyor General continues to hold office as the chairman of the Land Surveyors Licensing Board during the transitional period as if this section had not been enacted. (11) A vacancy that occurs in the membership of the Land Surveyors 5 Licensing Board during the transitional period is to be filled in accordance with section 4 of the Licensed Surveyors Act 1909, as enacted immediately before the commencement of this section. 12. Racing Restriction Act 1917 amended 10 (1) The amendments in this section are to the Racing Restriction Act 1917*. [* Reprinted as approved 28 June 1978. For subsequent amendments see 1999 Index to Legislation of Western Australia, Table 1, p. 208.] 15 (2) Section 2(1) is repealed and the following subsection is inserted instead -- " (1) No thoroughbred race meeting, and no thoroughbred race, is to be held for a stake or prize or for the 20 purposes of betting without a licence in writing issued by The Western Australian Turf Club ("the Club"). ". (3) Section 2(2) is amended before "race meetings" in each place where it occurs by inserting -- 25 " thoroughbred ". (4) Section 2(2b) is repealed. page 20 Acts Amendment and Repeal (Competition Policy) Bill 2000 Amendments Part 3 s. 12 (5) Section 3(1) is repealed and the following subsection is inserted instead -- " (1) No trotting race meeting, and no trotting race, is to be 5 held for a stake or prize or for the purposes of betting without a licence in writing issued by the Western Australian Trotting Association ("the Association"). ". (6) Section 3(4) is repealed. 10 (7) After section 3 the following sections are inserted -- " 3A. Approval as an ARO (1) A person may apply to the Minister to be approved by the Minister as an approved racing organisation if the 15 person -- (a) is a body corporate; and (b) has the capacity -- (i) to hold race meetings, and horse or pony races, for a stake or prize or for the 20 purposes of betting; and (ii) to ensure that race meetings and races held by it are conducted honestly and free from criminal influence. (2) An applicant for approval as an ARO is to provide with 25 the application -- (a) a copy of the rules under which it proposes to hold race meetings and details of the kinds of races it proposes to hold; (b) details of the racecourse, or racecourses, at 30 which it proposes to hold race meetings; and page 21 Acts Amendment and Repeal (Competition Policy) Bill 2000 Part 3 Amendments s. 12 (c) any other information that the Minister requires for the purposes of a proper consideration of the application. (3) The Minister may approve an applicant as an ARO if 5 the Minister is satisfied -- (a) that the applicant meets the requirements of subsection (1); (b) with the rules provided by the applicant under subsection (2)(a); and 10 (c) that it is not contrary to the public interest to do so. (4) An approval may be subject to any conditions that the Minister thinks appropriate and sets out in, or attaches to, the approval. 15 (5) An approval includes an approval of the rules provided under subsection (2)(a). (6) If the Minister decides not to approve an applicant as an ARO, the Minister is to give the applicant reasons in writing for the decision. 20 (7) The Minister is not to approve an applicant as an ARO in relation to the holding of race meetings or races that include thoroughbred racing or trotting racing. 3B. Variation of conditions and approved rules (1) If the Minister is satisfied in relation to the matters 25 mentioned in section 3A(3) in relation to an ARO, the Minister may -- (a) on the Minister's own initiative or on the application of the ARO, vary or revoke the conditions to which the approval of the ARO is 30 subject under section 3A(4); or page 22 Acts Amendment and Repeal (Competition Policy) Bill 2000 Amendments Part 3 s. 12 (b) on the application of the ARO, approve a variation of the rules provided by the ARO that are approved under section 3A(5). (2) The ARO is to provide to the Minister any information 5 that the Minister requires for the purposes of this section. 3C. Revocation of approval (1) If the Minister is satisfied that an ARO no longer meets the requirements of section 3A(1), the Minister is to 10 revoke the approval of the ARO under section 3A(3). (2) If the Minister is satisfied that an ARO has contravened a provision of this Act, the Minister may revoke the approval of the ARO under section 3A(3). 3D. Restriction on certain horse racing 15 (1) No race meeting, and no horse or pony race, is to be held for a stake or prize or for the purposes of betting unless the meeting or race is conducted by an ARO in accordance with the Minister's approval of the ARO under section 3A(3). 20 (2) If -- (a) an ARO proposes to make any change to the programme of race meetings customarily conducted by the ARO in the metropolitan area; and 25 (b) the proposed change may necessitate -- (i) a reduction in the number of race meetings customarily conducted by the ARO or another ARO outside the metropolitan area; or 30 (ii) the making of any other change to any programme of race meetings page 23 Acts Amendment and Repeal (Competition Policy) Bill 2000 Part 3 Amendments s. 12 customarily conducted by the ARO or another ARO outside the metropolitan area, any dispute arising in relation to the matter may be 5 referred to the Minister who may give the ARO or another ARO such direction as the Minister thinks fit in relation to the matter, and effect is to be given to any such direction. (3) A direction given by the Minister for the purposes of 10 subsection (2) may, on the application of the ARO given the direction, be varied or cancelled by the Minister. (4) This section does not apply to thoroughbred racing or trotting racing. 15 ". (8) Section 5 is amended as follows: (a) before the definition of "Fremantle district" by inserting the following definition -- " 20 "ARO" means a body corporate approved by the Minister as an approved racing organisation under section 3A(3); "; (b) after the definition of "race meeting" by inserting the 25 following definitions -- " "trotting race meeting" means a meeting of persons for the purpose of trotting racing; "trotting racing" includes pacing and harness racing; 30 ". page 24 Acts Amendment and Repeal (Competition Policy) Bill 2000 Amendments Part 3 s. 13 13. Sandalwood Act 1929 amended Section 3(2) of the Sandalwood Act 1929* is repealed. [* Reprinted as authorized 14 July 1971. For subsequent amendments see 1999 Index to Legislation of 5 Western Australia, Table 1, p. 225.] 14. Valuation of Land Act 1978 amended, and transitional (1) The amendments in this section are to the Valuation of Land Act 1978*. [* Reprinted as at 23 April 1996. 10 For subsequent amendments see 1999 Index to Legislation of Western Australia, Table 1, p. 264.] (2) Section 6(3) is repealed and the following subsection is inserted instead -- " 15 (3) A person appointed Valuer-General shall be a person who has, in the opinion of the Minister, the qualifications and experience appropriate to the exercise of the powers, and the performance of the duties and functions, conferred or imposed upon the 20 Valuer-General by or under this Act. ". (3) A person appointed Valuer-General under section 6(3) of the Valuation of Land Act 1978 and holding office immediately before the commencement of this section continues to hold 25 office on and after that commencement as if appointed under section 6(3) of that Act as inserted by subsection (2) of this section. (4) Section 14(2) is amended after "class of persons" by inserting -- 30 " or to the public at large ". page 25 Acts Amendment and Repeal (Competition Policy) Bill 2000 Part 3 Amendments s. 14 (5) After section 16 the following section is inserted in Part II -- " 16A. Minister to have access to information (1) The Minister is entitled -- 5 (a) to have information in the possession of the Valuer-General; and (b) if 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 -- 10 (a) request the Valuer-General to provide information to the Minister; (b) request the Valuer-General to give the Minister access to information; (c) for the purposes of paragraph (b), make use of 15 the staff of the Valuer-General to obtain the information and provide it to the Minister. (3) The Valuer-General is to comply with a request under subsection (2) and make the facilities and staff of the Valuer-General available to the Minister for the 20 purposes of subsection (2)(c). (4) In this section -- "document" includes any tape, disc or other device or medium on which information is recorded or stored; 25 "information" means information specified, or of a description specified, by the Minister that relates to the powers, duties and functions of the Valuer-General; "staff of the Valuer-General" means the officers and 30 staff appointed under section 6(1). ". page 26 Acts Amendment and Repeal (Competition Policy) Bill 2000 Amendments Part 3 s. 15 (6) Section 25(2) is repealed. 15. Western Australian Greyhound Racing Authority Act 1981 amended (1) The amendments in this section are to the Western Australian 5 Greyhound Racing Authority Act 1981*. [* Reprinted as at 1 January 1999.] (2) Section 29(2) is amended by deleting ", subject to section 30,". (3) Section 30 is repealed.
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