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This is a Bill, not an Act. For current law, see the Acts databases.


ACTS AMENDMENT AND REPEAL (COMPETITION POLICY) BILL 2000

                       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     Bread Act 1982 repealed, and consequential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     Racing Restriction Act 1927 repealed, and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:




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    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.




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                      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.]




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     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;



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                                                     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;


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     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
                                                                                      ".

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                                                  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


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     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.
                                                                                      ".

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                                                  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;
                                                                                  ";

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     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.]


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     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.
                                                                                      ".


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                                                    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

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     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



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                                                  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.




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     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



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                                                  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;
                                                                             ";

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                       (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,";




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                                                                                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.


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       (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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