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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 2002
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Repeals
3. Bread Act 1982 repealed, and consequential
amendment to Consumer Affairs Act 1971 3
4. Wheat Marketing Act 1989 repealed, and
consequential amendment to Bulk Handling Repeal
Act 2000 3
Part 3 -- Bush Fires Act 1954
5. The Act amended 4
6. Section 7 amended 4
7. Section 33 amended 4
Part 4 -- Chicken Meat Industry
Act 1977
8. The Act amended 5
9. Section 4 amended 5
10. Section 15 amended 5
11. Section 16 amended 6
12. Section 17 repealed 7
13. Section 18 amended 7
14. Section 19 repealed 8
15. Section 19A amended 8
16. Section 24 amended 9
page i
162--2
Acts Amendment and Repeal (Competition Policy) Bill 2002
Contents
17. Section 27 repealed 10
18. Section 28 repealed 10
Part 5 -- Conservation and Land
Management Act 1984
19. The Act amended 11
20. Section 140 repealed 11
21. Section 143 repealed 11
Part 6 -- Eastern Goldfields Transport
Board Act 1984
22. The Act amended 12
23. Section 5 amended 12
24. Section 35 repealed 12
Part 7 -- Edith Cowan University
Act 1984
25. The Act amended 13
26. Section 38 replaced by sections 38, 38A and 38B 13
Part 8 -- Gold Corporation Act 1987
27. The Act amended 15
28. Section 4 amended 15
29. Section 20 repealed 16
30. Section 21 amended 16
31. Section 23 inserted 16
32. Section 35 amended 16
33. Section 44 amended 17
34. Section 48 amended 18
35. Section 53 amended 18
Part 9 -- Hire-Purchase Act 1959
36. The Act amended 19
37. Section 1 amended 19
38. Section 1A inserted 19
Part 10 -- Licensed Surveyors Act 1909
39. The Act amended 21
40. Sections 4 and 7 amended, and transitional 21
41. Section 26A amended 23
page ii
Acts Amendment and Repeal (Competition Policy) Bill 2002
Contents
Part 11 -- Perth Market Act 1926
42. The Act amended 24
43. Section 11A amended 24
44. Section 11B repealed 25
45. Section 13 amended 25
Part 12 -- Sandalwood Act 1929
46. The Act amended 26
47. Section 3 amended 26
Part 13 -- State Supply Commission
Act 1991
48. The Act amended 27
49. Section 26J repealed 27
Part 14 -- Valuation of Land Act 1978
50. The Act amended 28
51. Section 6 amended, and transitional 28
52. Section 14 amended 28
53. Section 16A inserted 29
54. Section 25 amended 30
Part 15 -- Western Australian Meat
Industry Authority Act 1976
55. The Act amended 31
56. Section 16 amended 31
57. Section 19 amended 32
58. Section 21 repealed 32
59. Section 23 amended 32
page iii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Acts Amendment and Repeal (Competition
Policy) Bill 2002
A Bill for
An Act to amend the statute law for the purposes of competition
policy by repealing --
• the Bread Act 1982; and
• the Wheat Marketing Act 1989,
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 2002
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 2002.
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 2002
Repeals Part 2
s. 3
Part 2 -- Repeals
3. Bread Act 1982 repealed, and consequential amendment to
Consumer Affairs Act 1971
(1) The Bread Act 1982 is repealed.
5 (2) The Schedule to the Consumer Affairs Act 1971* is amended by
deleting "Bread Act 1982.".
[* Reprinted as at 25 March 1999.]
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 74.]
10 4. Wheat Marketing Act 1989 repealed, and consequential
amendment to Bulk Handling Repeal Act 2000
(1) The Wheat Marketing Act 1989 is repealed.
(2) Section 17 of the Bulk Handling Repeal Act 2000* is repealed.
[* Act No. 33 of 2000.
15 For subsequent amendments see Act No. 30 of 2002.]
page 3
Acts Amendment and Repeal (Competition Policy) Bill 2002
Part 3 Bush Fires Act 1954
s. 5
Part 3 -- Bush Fires Act 1954
5. The Act amended
The amendments in this Part are to the Bush Fires Act 1954*.
[* Reprinted as at 20 January1997.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 41.]
6. Section 7 amended
Section 7 is amended as follows:
(a) before "In" by inserting the subsection
10 designation "(1)";
(b) in the definition of "occupier of land" after "means" by
inserting --
" , subject to subsection (2), ";
(c) by inserting the following subsection --
15 "
(2) Subject to section 33(9), a reference in this Act to an
owner or occupier of land does not include a reference
to a department of the Public Service that occupies land
or a State agency or instrumentality that owns or
20 occupies land.
".
7. Section 33 amended
After section 33(8) the following subsection is inserted --
"
25 (9) In this section --
"owner or occupier of land" includes a prescribed
department of the Public Service that occupies
land or a prescribed State agency or
instrumentality that owns or occupies land.
30 ".
page 4
Acts Amendment and Repeal (Competition Policy) Bill 2002
Chicken Meat Industry Act 1977 Part 4
s. 8
Part 4 -- Chicken Meat Industry Act 1977
8. The Act amended
The amendments in this Part are to the Chicken Meat Industry
Act 1977*.
5 [* Act No. 58 of 1977.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 41.]
9. Section 4 amended
(1) Section 4(1) is amended by deleting the definitions of
10 "establish" and "processing plant".
(2) Section 4(2) is amended by deleting "a processor to a grower"
in the first place where it occurs and inserting instead --
" processors to growers ".
10. Section 15 amended
15 Section 15 is amended as follows:
(a) before "The" by inserting the subsection
designation "(1)";
(b) in paragraph (c) after "processor" by inserting --
"
20 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
inserting a full stop instead;
25 (d) by deleting paragraph (g);
page 5
Acts Amendment and Repeal (Competition Policy) Bill 2002
Part 4 Chicken Meat Industry Act 1977
s. 11
(e) by inserting the following subsection --
"
(2) Without limiting paragraph (c) of subsection (1), the
matters that may be taken into consideration by the
5 Committee in performing its function under that
paragraph include --
(a) the productivity of growers;
(b) the average price for the time being determined
under section 16; and
10 (c) the market for chicken meat.
".
11. Section 16 amended
(1) Section 16(1) is amended by deleting "standard price" and
inserting instead --
15 " average price that, subject to subsection (6), is ".
(2) 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".
(3) Section 16(5) is amended by deleting "standard" and inserting
instead --
" average ".
(4) 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 2002
Chicken Meat Industry Act 1977 Part 4
s. 12
(5) 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.
".
12. Section 17 repealed
Section 17 is repealed.
15 13. Section 18 amended
(1) Section 18(1) is amended by deleting "in or to the effect of the
prescribed form of agreement" and inserting instead --
" to which subsection (1a) applies ".
(2) After section 18(1) the following subsections are inserted --
20 "
(1a) This subsection applies to --
(a) an agreement in or to the effect of the
prescribed form of agreement; or
(b) any other written agreement that provides for a
25 dispute arising under the agreement to be
placed before the Committee for determination.
(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
30 under the agreement to be placed before the
page 7
Acts Amendment and Repeal (Competition Policy) Bill 2002
Part 4 Chicken Meat Industry Act 1977
s. 14
Committee for determination only if the
Committee is satisfied that certain conditions
specified in the agreement have been satisfied;
and
5 (b) the Committee is not satisfied that those
conditions have been satisfied.
".
14. Section 19 repealed
Section 19 is repealed.
10 15. Section 19A amended
(1) After section 19A(5) the following subsection is inserted --
"
(5a) If regulations prescribe the requirements with which
growing premises have to comply, the Committee --
15 (a) shall approve growing premises in respect of
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
20 respect of which an application is made if the
Committee is satisfied that the premises do not
comply with those requirements.
".
(2) Section 19A(8) is amended by deleting "subsection (9)" and
25 inserting instead --
" subsections (9) and (9a) ".
(3) After section 19A(9) the following subsection is inserted --
"
(9a) Without limiting subsection (9), if --
30 (a) regulations prescribe the requirements with
which growing premises have to comply; and
page 8
Acts Amendment and Repeal (Competition Policy) Bill 2002
Chicken Meat Industry Act 1977 Part 4
s. 16
(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
5 writing served on the person granted the approval.
".
(4) Section 19A(10) is amended after "subsection (9)" by
inserting --
" or (9a) ".
10 (5) Section 19A(13) is repealed.
16. Section 24 amended
(1) Section 24(2) is amended as follows:
(a) before paragraph (a) by inserting the following
paragraph --
15 "
(aa) providing for environmental, animal welfare
and health matters relating to the growing of
chickens;
";
20 (b) in paragraph (a) by deleting "section 17;" and inserting
instead --
" sections 16 and 18; ";
(c) in paragraph (b) by deleting "standard" and inserting
instead --
25 " average ";
(d) in paragraph (d) by deleting "paragraph (d) of
section 15;" and inserting instead --
" section 15(1)(d); ";
page 9
Acts Amendment and Repeal (Competition Policy) Bill 2002
Part 4 Chicken Meat Industry Act 1977
s. 17
(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 --
"
5 information --
(i) required for the purposes of the records
referred to in section 15(1)(d); or
(ii) relating to compliance with the
requirements of the regulations;
10 ";
(f) after paragraph (f) by inserting the following
paragraph --
"
(fa) prescribing for the purposes of section 19A the
15 requirements with which growing premises
have to comply;
".
(2) Section 24(3)(a) is amended by deleting "standard" and
inserting instead --
20 " average ".
17. Section 27 repealed
Section 27 is repealed.
18. Section 28 repealed
Section 28 is repealed.
page 10
Acts Amendment and Repeal (Competition Policy) Bill 2002
Conservation and Land Management Act 1984 Part 5
s. 19
Part 5 -- Conservation and Land Management Act 1984
19. The Act amended
The amendments in this Part are to the Conservation and Land
Management Act 1984*.
5 [* Reprinted as at 26 March 1999.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 62 and Acts Nos. 6 and 20 of
2002.]
20. Section 140 repealed
10 Section 140 is repealed.
21. Section 143 repealed
Section 143 is repealed.
page 11
Acts Amendment and Repeal (Competition Policy) Bill 2002
Part 6 Eastern Goldfields Transport Board Act 1984
s. 22
Part 6 -- Eastern Goldfields Transport Board Act 1984
22. The Act amended
The amendments in this Part are to the Eastern Goldfields
Transport Board Act 1984*.
5 [* Reprinted as at 7 January 2000.]
23. Section 5 amended
Section 5(2) is repealed and the following subsection is inserted
instead --
"
10 (2) The Board is not an agent of the Crown and does not
have the status, immunities and privileges of the
Crown.
".
24. Section 35 repealed
15 Section 35 is repealed.
page 12
Acts Amendment and Repeal (Competition Policy) Bill 2002
Edith Cowan University Act 1984 Part 7
s. 25
Part 7 -- Edith Cowan University Act 1984
25. The Act amended
The amendments in this Part are to the Edith Cowan University
Act 1984*.
5 [* Reprinted as at 1 October 1999.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 107.]
26. Section 38 replaced by sections 38, 38A and 38B
Section 38 is repealed and the following sections are inserted
10 instead --
"
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
15 University, the Council --
(a) may invest any moneys standing to the credit of
the Edith Cowan University Account that are
not immediately required for the purposes of
this Act in any securities that the Council thinks
20 fit; and
(b) may sell and realise any security or reinvest the
proceeds of any sale.
38A. Trust property and trust moneys
The Council --
25 (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
(b) may apply any property or moneys so held, and
not immediately required for the purposes of
30 the trust declared in relation to the property or
page 13
Acts Amendment and Repeal (Competition Policy) Bill 2002
Part 7 Edith Cowan University Act 1984
s. 26
moneys, in any way that is not inconsistent with
the instrument creating the trust.
38B. Repayment of trust moneys
(1) The amount of any moneys that are applied under
5 section 38A(b) --
(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 (2), is repayable by the
10 Council as approved by the Minister with
interest at the rate approved by the Minister
from time to time.
(2) An amount that is repayable under subsection (1)(b)
(including interest on the amount) is to be repaid by the
15 Council within 25 years.
".
page 14
Acts Amendment and Repeal (Competition Policy) Bill 2002
Gold Corporation Act 1987 Part 8
s. 27
Part 8 -- Gold Corporation Act 1987
27. The Act amended
The amendments in this Part are to the Gold Corporation
Act 1987*.
5 [* Reprinted as at 2 January 2001.
For subsequent amendments see Act No. 43 of 2000.]
28. Section 4 amended
Section 4 is amended as follows:
(a) in subsection (5) by deleting "all local government rates
10 and charges and";
(b) after subsection (5) by inserting the following
subsections --
"
(6) No local government rate or charge is to be imposed or
15 levied on any land vested in, or the care, control and
management of which are placed with, Gold
Corporation, if that land is used or reserved exclusively
for the purpose of providing works, undertakings or
facilities necessary to the performance of the functions
20 of Gold Corporation.
(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, but for subsection (6),
25 Gold Corporation would have been liable to pay in
respect of that financial year.
(8) Amounts payable under subsection (7) --
(a) are to be determined in accordance with the
principles; and
page 15
Acts Amendment and Repeal (Competition Policy) Bill 2002
Part 8 Gold Corporation Act 1987
s. 29
(b) are to be paid at the time or times,
that the Treasurer may direct.
".
29. Section 20 repealed
5 Section 20 is repealed.
30. Section 21 amended
Section 21(3) is amended by deleting "under section 20." and
inserting instead --
"
10 by Gold Corporation under the State Enterprises
(Commonwealth Tax Equivalents) Act 1996.
".
31. Section 23 inserted
After section 22 the following section is inserted in Part IV --
15 "
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
20 the benefit of the Consolidated Fund in respect of a
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.
25 ".
32. Section 35 amended
(1) Section 35(6) is amended as follows:
(a) by deleting "but subject to subsection (7)";
page 16
Acts Amendment and Repeal (Competition Policy) Bill 2002
Gold Corporation Act 1987 Part 8
s. 33
(b) by deleting "all local government rates and charges
and".
(2) Section 35(7) is repealed and the following subsections are
inserted instead --
5 "
(7) 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, the Mint, that is
used or reserved exclusively for the purpose of
10 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
sum equal to the amount of any local government rate
15 or charge that, but for subsection (7), the Mint would
have been liable to pay in respect of that financial year.
(7b) Amounts payable under subsection (7a) --
(a) are to be determined in accordance with the
principles; and
20 (b) are to be paid at the time or times,
that the Treasurer may direct.
".
33. Section 44 amended
Section 44(c) is amended by deleting "section 20 instead of
25 income tax" and inserting instead --
"
section 5 of the State Enterprises
(Commonwealth Tax Equivalents) Act 1996
".
page 17
Acts Amendment and Repeal (Competition Policy) Bill 2002
Part 8 Gold Corporation Act 1987
s. 34
34. Section 48 amended
(1) Section 48(5) is amended by deleting "all local government
rates and charges and".
(2) After section 48(5) the following subsections are inserted --
5 "
(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
is used or reserved exclusively for the purpose of
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
sum equal to the amount of any local government rate
15 or charge that, but for subsection (6), GoldCorp would
have been liable to pay in respect of that financial year.
(8) Amounts payable under subsection (7) --
(a) are to be determined in accordance with the
principles; and
20 (b) are to be paid at the time or times,
that the Treasurer may direct.
".
35. Section 53 amended
Section 53(c) is amended by deleting "section 20 instead of
25 income tax" and inserting instead --
"
section 5 of the State Enterprises
(Commonwealth Tax Equivalents) Act 1996
".
page 18
Acts Amendment and Repeal (Competition Policy) Bill 2002
Hire-Purchase Act 1959 Part 9
s. 36
Part 9 -- Hire-Purchase Act 1959
36. The Act amended
The amendments in this Part are to the Hire-Purchase
Act 1959*.
5 [* Reprinted as at 12 May 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 166.]
37. Section 1 amended
Section 1(4) is repealed.
10 38. Section 1A inserted
After section 1 the following section is inserted --
"
1A. Application of Act
(1) Subject to section 1(5), this Act applies to and in
15 relation to a hire-purchase agreement, and any
agreement made in relation to a hire-purchase
agreement, that have effect immediately before the day
on which section 38 of the Acts Amendment and Repeal
(Competition Policy) Act 2002 comes into operation.
20 (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
25 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 "section 12A or"
in section 13(2) were deleted.
page 19
Acts Amendment and Repeal (Competition Policy) Bill 2002
Part 9 Hire-Purchase Act 1959
s. 38
(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
5 hire-purchase agreement as if --
(a) subsection (6)(a); and
(b) in subsection (6)(b) "in any other case -- ",
were deleted.
(7) Section 25 applies to and in relation to an exempt
10 hire-purchase agreement.
(8) For the purposes of subsections (4) and (7), the Third
Schedule has effect in relation to an exempt
hire-purchase agreement.
(9) In this section --
15 "exempt hire-purchase agreement" means a
hire-purchase agreement, and any agreement made
in relation to a hire-purchase agreement, entered
into on or after the day referred to in
subsection (1).
20 ".
page 20
Acts Amendment and Repeal (Competition Policy) Bill 2002
Licensed Surveyors Act 1909 Part 10
s. 39
Part 10 -- Licensed Surveyors Act 1909
39. The Act amended
The amendments in this Part are to the Licensed Surveyors
Act 1909*.
5 [* Reprinted as at 1 January 1999.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 208.]
40. Sections 4 and 7 amended, and transitional
(1) Section 4(1) is amended as follows:
10 (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
15 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
20 interests of the users of licensed surveyors'
services;
";
(c) in paragraph (c) after "surveyors", by inserting --
" who hold practising certificates ".
25 (2) Section 4(1a) is repealed and the following subsections are
inserted instead --
"
(1a) The Governor shall appoint, on the nomination of the
Minister, one of the members of the Board to be the
30 chairman of the Board.
page 21
Acts Amendment and Repeal (Competition Policy) Bill 2002
Part 10 Licensed Surveyors Act 1909
s. 40
(1b) One person appointed under subsection (1)(a), (b), (ba)
or (d) shall be a licensed surveyor who holds a
practising certificate.
".
5 (3) Section 4(4) is amended as follows:
(a) by deleting "Institute" in both places where it occurs and
inserting instead --
" Minister ";
(b) by deleting "Surveyor General" in the second and third
10 places where it occurs and inserting instead --
" chief executive officer ";
(c) before "if by an educational", by inserting --
"
if by the Institute, he shall be nominated by the
15 Institute, and,
".
(4) Section 4(5) is amended as follows:
(a) after "whenever" by deleting "the Surveyor General,";
(b) in paragraph (a) by deleting "the Surveyor General,";
20 (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) Section 4(5a) is amended by deleting "subsection (4a)(a)," and
25 inserting instead --
" subsection (4a), ".
(6) Section 7 is amended as follows:
(a) in paragraph (a) by deleting "and is of good fame and
character";
page 22
Acts Amendment and Repeal (Competition Policy) Bill 2002
Licensed Surveyors Act 1909 Part 10
s. 41
(b) after paragraph (a) by inserting the following
paragraphs --
"
(aa) has not, during the period of 10 years before
5 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
10 in paragraph (aa) by a bail undertaking;
(ac) does not have a charge pending in relation to an
offence referred to in paragraph (aa);
".
(7) A person appointed under section 4 of the Licensed Surveyors
15 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
following 31 December ("the transitional period") as if this
20 section had not been enacted.
(8) 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.
(9) A vacancy that occurs in the membership of the Land Surveyors
25 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.
41. Section 26A amended
30 Section 26A(3)(c) is deleted.
page 23
Acts Amendment and Repeal (Competition Policy) Bill 2002
Part 11 Perth Market Act 1926
s. 42
Part 11 -- Perth Market Act 1926
42. The Act amended
The amendments in this Part are to the Perth Market Act 1926*.
[* Reprinted as at 17 November 2000.]
5 43. Section 11A amended
(1) Section 11A(1) is repealed and the following subsection is
inserted instead --
"
(1) The Authority may, by notices erected in such places in
10 the public market and in such other manner as the
Authority may determine, indicate --
(a) the periods during which the public market is
open for business and the produce that may be
traded during those periods; and
15 (b) the periods (other than the periods referred to in
paragraph (a)) during which, and the purposes
in relation to which, a specified class of person
is, or specified classes of persons are, permitted
to enter, or prohibited from entering, the public
20 market.
".
(2) Section 11A(2) is repealed.
(3) Section 11A(3) is amended by deleting ", without the
permission of the Authority,".
25 (4) Section 11A(4) is repealed.
page 24
Acts Amendment and Repeal (Competition Policy) Bill 2002
Perth Market Act 1926 Part 11
s. 44
(5) Section 11A(5) is amended by deleting the passage from and
including paragraph (a) to the end of the subsection and
inserting instead --
"
5 (a) the public market was open for trading in the
produce specified in the certificate; or
(b) the public market was not open for business
and the purpose in relation to which the person
specified in the certificate was permitted to
10 enter, or prohibited from entering, the public
market,
is evidence of those facts.
".
44. Section 11B repealed
15 Section 11B is repealed.
45. Section 13 amended
(1) Section 13(1) is amended by deleting paragraphs (3a), (3b), (3c)
and (3d).
(2) Section 13(2a) is repealed.
page 25
Acts Amendment and Repeal (Competition Policy) Bill 2002
Part 12 Sandalwood Act 1929
s. 46
Part 12 -- Sandalwood Act 1929
46. The Act amended
The amendment in this Part is to the Sandalwood Act 1929*.
[* Reprinted as at 4 January 2002.]
5 47. Section 3 amended
Section 3(2) is repealed.
page 26
Acts Amendment and Repeal (Competition Policy) Bill 2002
State Supply Commission Act 1991 Part 13
s. 48
Part 13 -- State Supply Commission Act 1991
48. The Act amended
The amendment in this Part is to the State Supply Commission
Act 1991*.
5 [* Reprinted as at 7 June 2002.]
49. Section 26J repealed
Section 26J is repealed.
page 27
Acts Amendment and Repeal (Competition Policy) Bill 2002
Part 14 Valuation of Land Act 1978
s. 50
Part 14 -- Valuation of Land Act 1978
50. The Act amended
The amendments in this Part are to the Valuation of Land
Act 1978*.
5 [* Reprinted as at 15 June 2001.]
51. Section 6 amended, and transitional
(1) Section 6(3) is repealed and the following subsection is inserted
instead --
"
10 (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
15 Valuer-General by or under this Act.
".
(2) 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
20 office on and after that commencement as if appointed under
section 6(3) of that Act as inserted by subsection (1) of this
section.
52. Section 14 amended
Section 14(2) is amended after "class of persons" by
25 inserting --
" or to the public at large ".
page 28
Acts Amendment and Repeal (Competition Policy) Bill 2002
Valuation of Land Act 1978 Part 14
s. 53
53. Section 16A inserted
After section 16 the following section is inserted in Part II --
"
16A. Minister to have access to information
5 (1) The Minister is entitled --
(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
10 document.
(2) For the purposes of subsection (1), the Minister may --
(a) request the Valuer-General to provide
information to the Minister;
(b) request the Valuer-General to give the Minister
15 access to information;
(c) for the purposes of paragraph (b), make use of
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
20 subsection (2) and make the facilities and staff of the
Valuer-General available to the Minister for the
purposes of subsection (2)(c).
(4) In this section --
"document" includes any tape, disc or other device or
25 medium on which information is recorded or
stored;
"information" means information specified, or of a
description specified, by the Minister that relates
to the powers, duties and functions of the
30 Valuer-General;
page 29
Acts Amendment and Repeal (Competition Policy) Bill 2002
Part 14 Valuation of Land Act 1978
s. 54
"staff of the Valuer-General" means the officers and
staff appointed under section 6(1).
".
54. Section 25 amended
5 Section 25(2) is repealed.
page 30
Acts Amendment and Repeal (Competition Policy) Bill 2002
Western Australian Meat Industry Authority Act 1976 Part 15
s. 55
Part 15 -- Western Australian Meat Industry Authority
Act 1976
55. The Act amended
The amendments in this Part are to the Western Australian Meat
5 Industry Authority Act 1976*.
[* Reprinted as at 1 March 2002.]
56. Section 16 amended
(1) Section 16(1)(b) is amended by deleting "saleyards,".
(2) Section 16(1)(d) is amended as follows:
10 (a) by deleting subparagraph (i) and "and" after it and
inserting instead --
"
(i) Midland Saleyard, or any other
undertaking, establishment or facility in
15 the meat industry that the Minister
declares, by notice published in the
Government Gazette, to be a
replacement for Midland Saleyard; and
";
20 (b) in subparagraph (ii) after "directs" by inserting --
" and subject to subsection (2) ".
(3) After section 16(1) the following subsections are inserted --
"
(2) The Minister may give the Authority a direction under
25 subsection (1)(d)(ii) only if the Minister is satisfied that
the meat industry will suffer substantial loss or
substantial disruption unless the Authority assumes
responsibility for, or arranges for the management of,
the undertaking, establishment or facility concerned.
page 31
Acts Amendment and Repeal (Competition Policy) Bill 2002
Part 15 Western Australian Meat Industry Authority Act 1976
s. 57
(3) The Minister is to specify in a direction under
subsection (1)(d)(ii) the period, not exceeding 2 years,
during which the Authority is to assume responsibility
for, or arrange for the management of, the undertaking,
5 establishment or facility concerned.
(4) The Minister may from time to time, by a direction
given to the Authority, extend the period referred to in
subsection (3) by a period not exceeding 12 months.
".
10 57. Section 19 amended
Section 19(b)(iv) is deleted.
58. Section 21 repealed
Section 21 is repealed.
59. Section 23 amended
15 Section 23(c) is amended by deleting "or section 21".
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