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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Alcohol and Drug Authority Amendment Bill 2014 Contents Part 1 -- Preliminary matters 1. Short title 2 2. Commencement 2 Part 2 -- Alcohol and Drug Authority Act 1974 amended 3. Act amended 3 4. Long title replaced 3 5. Part I heading amended 3 6. Section 1 amended 4 7. Section 4 amended 4 8. Parts II, III and IV replaced 5 Part 2 -- Administration Division 1 -- Role of Minister 5. Establishment of Ministerial Body 5 6. Purpose and nature of Ministerial Body 5 7. Execution of documents by Ministerial Body 6 8. Minister's powers to acquire and dispose of property 8 9. Delegation by Minister 8 Division 2 -- Role of CEO 10. Administration of this Act 9 11. Functions of CEO 9 12. Powers of CEO 11 13. Delegation by CEO 11 Division 3 -- Role of Alcohol and Other Drugs Advisory Board 14. Establishment of Board 12 67--2 page i Alcohol and Drug Authority Amendment Bill 2014 Contents Division 4 -- Staff 15. Appointment of staff 13 16. Secondments 13 17. Contracts for services 14 18. Relationship to Public Sector Management Act 1994 14 Part 3 -- Facilities for alcohol and other drug use problems 19. Facilities 15 20. Procedure on deaths or serious injuries in facilities 15 9. Part V heading amended 15 10. Sections 34 and 35 replaced 16 34. Recovery of fees 16 11. Section 36 amended 16 12. Section 37 inserted 17 37. Review of this Act 17 13. Part 6 inserted 18 Part 6 -- Transitional matters for Alcohol and Drug Authority Amendment Act 2014 Division 1 -- Interpretation 38. Terms used 18 Division 2 -- Authority and its members 39. Authority abolished 20 40. Immunity continues 20 Division 3 -- Authority's assets, rights and liabilities 41. Transfer to Ministerial Body or State 20 42. Transfer orders 22 43. Correction of errors in transfer orders 23 44. Reserves managed by Authority 24 45. Registration of documents 25 46. Authority to complete necessary transactions 26 47. Exemption from State tax 27 48. Operating accounts of Authority 27 49. Investments 28 Division 4 -- Authority's staff 50. Employees of Authority 29 51. Preservation of rights 29 Division 5 -- Continuation of certain things 52. Completion of things done 30 53. Continuing effect of things done 30 54. Agreements, instruments, proceedings and remedies generally 31 page ii Alcohol and Drug Authority Amendment Bill 2014 Contents Division 6 -- Other matters 55. Authority's records to be delivered to CEO 31 56. Transitional regulations 31 57. Effect on other instruments, rights and obligations 33 58. Interpretation Act 1984 not affected 33 Part 3 -- Other Acts amended 14. Constitution Acts Amendment Act 1899 amended 35 15. Coroners Act 1996 amended 35 16. Financial Management Act 2006 amended 35 17. Public Sector Management Act 1994 amended 35 18. Spent Convictions Act 1988 amended 36 page iii Western Australia LEGISLATIVE ASSEMBLY (As amended during consideration in detail) Alcohol and Drug Authority Amendment Bill 2014 A Bill for An Act to amend the Alcohol and Drug Authority Act 1974 and for related purposes. The Parliament of Western Australia enacts as follows: page 1 Alcohol and Drug Authority Amendment Bill 2014 Part 1 Preliminary matters s. 1 1 Part 1 -- Preliminary matters 2 1. Short title 3 This is the Alcohol and Drug Authority Amendment Act 2014. 4 2. Commencement 5 This Act comes into operation as follows -- 6 (a) Part 1 and section 13 -- on the day on which this Act 7 receives the Royal Assent; 8 (b) the rest of the Act -- on a day fixed by proclamation. page 2 Alcohol and Drug Authority Amendment Bill 2014 Alcohol and Drug Authority Act 1974 amended Part 2 s. 3 1 Part 2 -- Alcohol and Drug Authority Act 1974 2 amended 3 3. Act amended 4 This Part amends the Alcohol and Drug Authority Act 1974. 5 4. Long title replaced 6 Delete the long title and insert: 7 8 An Act for the purposes of -- 9 • providing treatment, management, care and 10 rehabilitation of persons experiencing alcohol or other 11 drug use problems or co-occurring health issues, 12 including persons who have or may have a mental illness; 13 and 14 • promoting and subsidising research into and education 15 on the causation, prevention, reduction and treatment of 16 alcohol and other drug use problems and co-occurring 17 health issues such as mental illness; and 18 • establishing and maintaining a coordinated focus on 19 alcohol and other drug use and mental illness, 20 and for related purposes. 21 22 5. Part I heading amended 23 In the heading to Part I delete "Part I --" and insert: 24 25 Part 1 -- 26 page 3 Alcohol and Drug Authority Amendment Bill 2014 Part 2 Alcohol and Drug Authority Act 1974 amended s. 6 1 6. Section 1 amended 2 In section 1 delete "Drug Authority" and insert: 3 4 Other Drugs 5 6 7. Section 4 amended 7 (1) In section 4 delete the definitions of: 8 Authority 9 centre 10 Chairman 11 Deputy Chairman 12 member 13 section 14 subsection 15 (2) In section 4 insert in alphabetical order: 16 17 CEO means the chief executive officer of the 18 Department; 19 Department means the department of the Public 20 Service principally assisting the Minister in 21 administering this Act; 22 facility means premises maintained by the CEO for the 23 assessment, treatment, management, care or 24 rehabilitation of persons experiencing alcohol or other 25 drug use problems or co-occurring health issues, 26 including persons who have or may have a mental 27 illness; 28 Ministerial Body means the Alcohol and Other Drugs 29 Ministerial Body established by section 5; page 4 Alcohol and Drug Authority Amendment Bill 2014 Alcohol and Drug Authority Act 1974 amended Part 2 s. 8 1 staff member means -- 2 (a) a public service officer referred to in 3 section 15(1)(a); or 4 (b) a person appointed under section 15(1)(b) or 5 (c); or 6 (c) a person who is seconded to the Department 7 under section 16(2). 8 9 8. Parts II, III and IV replaced 10 Delete Parts II, III and IV and insert: 11 12 Part 2 -- Administration 13 Division 1 -- Role of Minister 14 5. Establishment of Ministerial Body 15 (1) The Alcohol and Other Drugs Ministerial Body is 16 established. 17 (2) The Ministerial Body is a body corporate with 18 perpetual succession. 19 (3) Proceedings may be taken by or against the Ministerial 20 Body in its corporate name. 21 (4) The Ministerial Body must be governed by the 22 Minister. 23 (5) The Ministerial Body has the status, immunities and 24 privileges of the Crown. 25 6. Purpose and nature of Ministerial Body 26 (1) The Ministerial Body is established to provide a body 27 corporate through which the Minister can perform any 28 of the Minister's functions under this Act that can more page 5 Alcohol and Drug Authority Amendment Bill 2014 Part 2 Alcohol and Drug Authority Act 1974 amended s. 8 1 conveniently be performed by a body corporate than an 2 individual. 3 (2) Any acts or things done through the Ministerial Body 4 as described in subsection (1) must be regarded as -- 5 (a) services under the control of the Department for 6 the purposes of the Financial Management 7 Act 2006 section 52; and 8 (b) operations of the Department for the purposes 9 of Part 5 of that Act. 10 (3) Despite the employment under the Public Sector 11 Management Act 1994 of ministerial officers for the 12 purpose of assisting the Minister to perform functions 13 that the Minister performs through the Ministerial 14 Body, the Ministerial Body and those officers are not 15 an organisation for the purposes of that Act. 16 7. Execution of documents by Ministerial Body 17 (1) The Ministerial Body must have a common seal. 18 (2) A document is duly executed by the Ministerial Body 19 if -- 20 (a) the common seal of the Ministerial Body is 21 affixed to it in accordance with subsections (3) 22 and (4); or 23 (b) it is signed on behalf of the Ministerial Body by 24 the Minister; or 25 (c) it is signed on behalf of the Ministerial Body, 26 as authorised under subsection (5), by the CEO 27 or another person. 28 (3) The common seal of the Ministerial Body must not be 29 affixed to a document except as authorised by the 30 Ministerial Body. page 6 Alcohol and Drug Authority Amendment Bill 2014 Alcohol and Drug Authority Act 1974 amended Part 2 s. 8 1 (4) The common seal of the Ministerial Body must be 2 affixed to a document in the presence of the Minister 3 and the Minister must sign the document to attest that 4 the common seal was so affixed. 5 (5) The Ministerial Body may, by writing under its seal, 6 authorise the CEO or another person to execute deeds 7 or other documents on behalf of the Ministerial Body, 8 either generally or subject to any conditions or 9 restrictions specified in the authorisation. 10 (6) A document purporting to be executed in accordance 11 with this section must be presumed to be duly executed 12 until the contrary is shown. 13 (7) A document executed by the CEO or another person 14 under this section without the common seal of the 15 Ministerial Body must not be regarded as a deed unless 16 it is executed as a deed as authorised under 17 subsection (5). 18 (8) When a document is produced bearing a seal 19 purporting to be the common seal of the Ministerial 20 Body, it must be presumed that the seal is the common 21 seal of the Ministerial Body until the contrary is 22 shown. 23 (9) For the purposes of this Act, a facsimile of any of the 24 following may be used -- 25 (a) the Ministerial Body's seal; 26 (b) the signature of the Minister; 27 (c) the signature of a person authorised under 28 subsection (5) to execute deeds or other 29 documents. 30 (10) A deed or other document purporting to be endorsed 31 with such a facsimile must be regarded as bearing the 32 facsimile under subsection (9) until the contrary is 33 shown. page 7 Alcohol and Drug Authority Amendment Bill 2014 Part 2 Alcohol and Drug Authority Act 1974 amended s. 8 1 8. Minister's powers to acquire and dispose of 2 property 3 (1) In this section -- 4 acquire includes taking on lease or licence or in any 5 other manner in which property may be acquired; 6 dispose of includes disposing of by way of lease or 7 licence or in any other manner in which property may 8 be disposed of. 9 (2) For the purposes of this Act, the Minister may -- 10 (a) acquire, hold, manage, improve, develop, 11 dispose of and otherwise deal in real and 12 personal property; and 13 (b) develop and turn to account any technology, 14 software or other intellectual property and 15 apply for, hold, exploit and dispose of any 16 patent, patent rights, copyright or similar rights; 17 and 18 (c) provide and turn to account education and 19 training services; and 20 (d) provide and turn to account advertising 21 opportunities or opportunities to participate in 22 arrangements in the nature of advertising or 23 having a purpose similar to advertising. 24 9. Delegation by Minister 25 (1) The Minister may delegate to the CEO any power or 26 duty of the Minister under another provision of this 27 Act. 28 (2) Without limiting the powers or duties that may be 29 delegated under this section, they include powers or 30 duties that are to be exercised or performed in the 31 course of governing the affairs of the Ministerial Body 32 under section 5(4). page 8 Alcohol and Drug Authority Amendment Bill 2014 Alcohol and Drug Authority Act 1974 amended Part 2 s. 8 1 (3) A delegation under this section must be in writing 2 signed by the Minister. 3 (4) The CEO cannot delegate a power or duty that is 4 delegated to the CEO under this section. 5 (5) The exercise or performance by the CEO of a power or 6 duty that has been delegated to the CEO under this 7 section is to be taken to be in accordance with the 8 terms of the delegation unless the contrary is shown. 9 (6) This section does not limit the ability of the Minister to 10 perform a function through an officer or agent. 11 Division 2 -- Role of CEO 12 10. Administration of this Act 13 Subject to the general control of the Minister and any 14 directions or instructions given under the Public Sector 15 Management Act 1994 section 32 by the Minister to the 16 CEO, the CEO must carry out the administration of 17 this Act. 18 11. Functions of CEO 19 (1) The functions of the CEO include the following -- 20 (a) to provide assessment, treatment, management, 21 care and rehabilitation of persons experiencing 22 alcohol or other drug use problems or 23 co-occurring health issues, including persons 24 who have or may have a mental illness, and to 25 subsidise and otherwise support, as the CEO 26 thinks fit, any other persons or organisations 27 providing any one or more of those things; 28 (b) subject to the Minister's consent, to establish 29 and maintain premises for the assessment, 30 treatment, management, care and rehabilitation 31 of persons experiencing alcohol or other drug page 9 Alcohol and Drug Authority Amendment Bill 2014 Part 2 Alcohol and Drug Authority Act 1974 amended s. 8 1 use problems or co-occurring health issues, 2 including persons who have or may have a 3 mental illness, and to subsidise and otherwise 4 support, as the CEO thinks fit, other persons 5 and organisations establishing or maintaining 6 premises for any one or more of those 7 purposes; 8 (c) subject to the Minister's consent, to establish 9 and maintain accommodation for persons for 10 whom assessment, treatment, management, care 11 or rehabilitation services are provided under 12 this Act and to subsidise and otherwise support, 13 as the CEO thinks fit, other persons and 14 organisations establishing or maintaining such 15 accommodation; 16 (d) to provide such other facilities and services as 17 the CEO considers necessary or desirable for 18 the purposes of this Act; 19 (e) to determine the persons or classes of person 20 for whom the CEO may provide facilities or 21 services under this Act or in respect of whom 22 the CEO may subsidise or otherwise support 23 other persons and organisations providing 24 facilities and services consistent with the 25 purposes of this Act; 26 (f) to coordinate, promote, and subsidise, in 27 Western Australia research into and education 28 on the causation, prevention, reduction and 29 treatment of alcohol and other drug use 30 problems and co-occurring health issues such 31 as mental illness; 32 (g) to inquire into offences in which the use of 33 alcohol or other drugs or both is an element, 34 and the penalties for those offences, and to 35 make recommendations to the Minister and 36 Attorney General in relation to the need for, or page 10 Alcohol and Drug Authority Amendment Bill 2014 Alcohol and Drug Authority Act 1974 amended Part 2 s. 8 1 desirability of, legislative action in the 2 community interest in relation to those offences 3 and penalties; 4 (h) subject to the Minister's consent, to cooperate 5 and enter into agreement with other persons and 6 organisations, in this State or otherwise, to such 7 extent as may be necessary for the purposes of 8 this Act. 9 (2) For the purposes of subsection (1)(b), (c) and (h), the 10 Minister's consent may be given subject to such terms 11 and conditions as the Minister thinks fit. 12 12. Powers of CEO 13 The CEO may do anything necessary or convenient for 14 the performance of the CEO's functions under this Act. 15 13. Delegation by CEO 16 (1) The CEO may delegate any power or duty of the CEO 17 under another provision of this Act to -- 18 (a) a staff member; or 19 (b) with the approval of the Minister, any other 20 person. 21 (2) The Minister must not approve a delegation under 22 subsection (1)(b) unless satisfied that the delegation is 23 necessary or convenient having regard to -- 24 (a) the functions of the Department; or 25 (b) the specialised knowledge, expertise or 26 resources of the person to whom the power or 27 duty is delegated. 28 (3) A delegation under this section must be in writing 29 signed by the CEO. 30 (4) A person to whom a power or duty is delegated under 31 this section cannot delegate that power or duty. page 11 Alcohol and Drug Authority Amendment Bill 2014 Part 2 Alcohol and Drug Authority Act 1974 amended s. 8 1 (5) A person exercising or performing a power or duty that 2 has been delegated to the person under this section is to 3 be taken to do so in accordance with the terms of the 4 delegation unless the contrary is shown. 5 (6) This section does not limit the ability of the CEO to 6 perform a function through an officer or agent. 7 Division 3 -- Role of Alcohol and Other Drugs 8 Advisory Board 9 14. Establishment of Board 10 (1) The Minister must establish the Alcohol and Other 11 Drugs Advisory Board to provide advice to the CEO 12 about matters relevant to the performance of functions 13 under section 11. 14 (2) Subsection (1) does not authorise the Minister to 15 establish a body corporate. 16 (3) The Board must consist of the people that the Minister 17 thinks fit to appoint. 18 (4) The Board must be established by an instrument signed 19 by the Minister that -- 20 (a) identifies the members of the Board and the 21 length and conditions of each of their 22 appointments; and 23 (b) sets out the duties and responsibilities of the 24 Board; and 25 (c) sets out any other matters in relation to the 26 operation and procedures of the Board that the 27 Minister considers appropriate. 28 (5) The Minister may, by instrument signed by the 29 Minister, amend or cancel an instrument made under 30 subsection (4). page 12 Alcohol and Drug Authority Amendment Bill 2014 Alcohol and Drug Authority Act 1974 amended Part 2 s. 8 1 (6) Except to the extent that its procedures are set out in an 2 instrument made under subsection (4), the Board may 3 determine its own procedures. 4 (7) The members of the Board are entitled to any 5 remuneration and allowances that the Minister may 6 determine on the recommendation of the Public Sector 7 Commissioner. 8 Division 4 -- Staff 9 15. Appointment of staff 10 (1) For the purposes of this Act, the following persons may 11 be employed or engaged in the Department -- 12 (a) public service officers appointed or made 13 available under the Public Sector Management 14 Act 1994 Part 3; 15 (b) medical practitioners appointed by the CEO; 16 (c) wages staff appointed by the CEO. 17 (2) Subject to any relevant award or industrial agreement, 18 the terms and conditions of an appointment under 19 subsection (1)(b) or (c) are to be such terms and 20 conditions as the CEO, with the approval of the Public 21 Sector Commissioner, determines. 22 (3) A person appointed under subsection (1)(b) or (c) is not 23 a person appointed under the Public Sector 24 Management Act 1994 Part 3. 25 16. Secondments 26 (1) In this section -- 27 employer means -- 28 (a) an employing authority as defined in the Public 29 Sector Management Act 1994 section 3(1); or page 13 Alcohol and Drug Authority Amendment Bill 2014 Part 2 Alcohol and Drug Authority Act 1974 amended s. 8 1 (b) an employer outside the Public Sector as 2 defined in the Public Sector Management 3 Act 1994 section 3(1). 4 (2) The CEO may arrange with another employer for an 5 employee of that other employer to perform duties in 6 the service of the Department for the purposes of 7 this Act. 8 (3) The CEO may, with the consent of a person appointed 9 under section 15(1)(b) or (c), arrange with another 10 employer for the person to perform duties in the service 11 of that other employer for the purposes of this Act. 12 17. Contracts for services 13 (1) The CEO may engage a person to perform services for 14 the purposes of this Act under a contract for services 15 on the terms and conditions (including as to 16 remuneration) that the CEO thinks fit. 17 (2) A person engaged under subsection (1) is not a person 18 appointed under the Public Sector Management 19 Act 1994 Part 3. 20 18. Relationship to Public Sector Management Act 1994 21 The CEO's powers under this Division are in addition 22 to, and do not affect, the CEO's powers under the 23 Public Sector Management Act 1994 as an employing 24 authority. page 14 Alcohol and Drug Authority Amendment Bill 2014 Alcohol and Drug Authority Act 1974 amended Part 2 s. 9 1 Part 3 -- Facilities for alcohol and other drug 2 use problems 3 19. Facilities 4 The CEO may, with the Minister's approval, with 5 respect to any facility -- 6 (a) prohibit or regulate the admission of persons to, 7 or the right of persons to remain in, the facility; 8 or 9 (b) fix fees for any service provided at the facility 10 and determine the persons or classes of person 11 who are liable for payment of those fees in full 12 or in part or who may be exempted from such 13 payment. 14 20. Procedure on deaths or serious injuries in facilities 15 (1) The CEO must hold an inquiry into the death of, or any 16 serious injury caused to, any person while in a facility 17 for assessment, treatment, management, care or 18 rehabilitation. 19 (2) The person in charge of a facility must report to the 20 CEO with respect to the circumstances surrounding the 21 death of, or any serious injury caused to, any person 22 while in a facility for assessment, treatment, 23 management, care or rehabilitation. 24 25 9. Part V heading amended 26 In the heading to Part V delete "Part V --" and insert: 27 28 Part 5 -- 29 page 15 Alcohol and Drug Authority Amendment Bill 2014 Part 2 Alcohol and Drug Authority Act 1974 amended s. 10 1 10. Sections 34 and 35 replaced 2 Delete sections 34 and 35 and insert: 3 4 34. Recovery of fees 5 A fee payable under this Act is recoverable, by a staff 6 member authorised by the CEO, in a court of 7 competent jurisdiction as a debt due to the State. 8 9 11. Section 36 amended 10 (1) In section 36(1) delete "he considers" and insert: 11 12 are 13 14 (2) In section 36(2): 15 (a) delete paragraph (a) and insert: 16 17 (a) regulating the general conduct of persons while 18 in a facility for assessment, treatment, 19 management, care or rehabilitation and of 20 visitors to a facility; 21 22 (b) in paragraph (b) delete "the centres." and insert: 23 24 a facility. 25 26 (3) In section 36(3) delete "$40," and insert: 27 28 $500, 29 page 16 Alcohol and Drug Authority Amendment Bill 2014 Alcohol and Drug Authority Act 1974 amended Part 2 s. 12 1 (4) In section 36(4) delete "thereunder shall" and insert: 2 3 under the regulations must 4 5 (5) In section 36(5)(b) delete "shall" and insert: 6 7 must 8 9 12. Section 37 inserted 10 After section 36 insert: 11 12 37. Review of this Act 13 (1) The Minister must review the operation and 14 effectiveness of this Act as soon as practicable after the 15 expiry of 5 years from the commencement of the 16 Alcohol and Drug Authority Amendment Act 2014 17 section 8. 18 (2) The Minister must, as soon as practicable -- 19 (a) prepare a report about the outcome of the 20 review; and 21 (b) cause a copy of the report to be laid before each 22 House of Parliament. 23 page 17 Alcohol and Drug Authority Amendment Bill 2014 Part 2 Alcohol and Drug Authority Act 1974 amended s. 13 1 13. Part 6 inserted 2 At the end of the Act insert: 3 4 Part 6 -- Transitional matters for Alcohol and 5 Drug Authority Amendment Act 2014 6 Division 1 -- Interpretation 7 38. Terms used 8 In this Part -- 9 amended Act means this Act as amended by the 10 Alcohol and Drug Authority Amendment Act 2014 11 section 8; 12 assets -- 13 (a) means any legal or equitable estates or interests 14 (whether present or future, whether vested or 15 contingent and whether personal or assignable) 16 in real or personal property of any description; 17 and 18 (b) includes money, securities, choses in action and 19 documents; 20 Authority means the Western Australian Alcohol and 21 Drug Authority established by the former Act 22 section 5; 23 former Act means this Act as in force immediately 24 before transition day; 25 LAA means the Land Administration Act 1997; 26 liabilities means any liabilities, duties or obligations, 27 whether actual, contingent or prospective, liquidated or 28 unliquidated or whether owed alone or jointly or jointly 29 and severally with any other persons; 30 Minister for Lands means the Minister as defined in 31 the LAA section 3(1); page 18 Alcohol and Drug Authority Amendment Bill 2014 Alcohol and Drug Authority Act 1974 amended Part 2 s. 13 1 operating account means an agency special purpose 2 account established under the Financial Management 3 Act 2006 section 16; 4 relevant official means -- 5 (a) the Registrar of Titles; or 6 (b) the Registrar of Deeds and Transfers; or 7 (c) any other person authorised by a written law to 8 record and give effect to the registration of 9 documents relating to transactions affecting any 10 estate or interest in land or any other property; 11 relevant successor means -- 12 (a) the Minister in relation to a function of the 13 Authority that becomes a function of the 14 Minister on transition day; or 15 (b) the CEO in relation to a function of the 16 Authority that becomes a function of the CEO 17 on transition day; or 18 (c) the Ministerial Body in relation to assets and 19 liabilities assigned to the Ministerial Body by 20 section 41; or 21 (d) the State in relation to assets and liabilities of 22 the Authority assigned to the State by 23 section 41; 24 rights means any rights, powers, privileges or 25 immunities, whether actual, contingent or prospective; 26 statutory transition -- 27 (a) means the transition from the provisions of the 28 former Act to the amended Act; and 29 (b) includes the transition from the Authority to a 30 relevant successor; 31 this Part includes regulations made under 32 section 56(2); 33 transfer order means an order made under section 42; page 19 Alcohol and Drug Authority Amendment Bill 2014 Part 2 Alcohol and Drug Authority Act 1974 amended s. 13 1 transition day means the day on which the Alcohol and 2 Drug Authority Amendment Act 2014 section 8 comes 3 into operation. 4 Division 2 -- Authority and its members 5 39. Authority abolished 6 On transition day, the Authority is abolished and the 7 members of the Authority go out of office. 8 40. Immunity continues 9 Despite the abolition of the Authority by section 39, if 10 the Authority had the benefit of any immunity in 11 respect of an act, matter or thing done or omitted 12 before transition day, that immunity continues on and 13 after transition day in that respect for the benefit of a 14 relevant successor so far as the act, matter or thing is 15 within the relevant successor's functions. 16 Division 3 -- Authority's assets, rights and liabilities 17 41. Transfer to Ministerial Body or State 18 (1) On transition day -- 19 (a) the assets of the Authority specified in a 20 transfer order are assigned to and become the 21 assets of the Ministerial Body; and 22 (b) the rest of the assets of the Authority are 23 assigned to and become the assets of the State. 24 (2) On transition day -- 25 (a) the liabilities of the Authority specified in a 26 transfer order are assigned to and become the 27 liabilities of the Ministerial Body; and page 20 Alcohol and Drug Authority Amendment Bill 2014 Alcohol and Drug Authority Act 1974 amended Part 2 s. 13 1 (b) the rest of the liabilities of the Authority are 2 assigned to and become the liabilities of the 3 State. 4 (3) On transition day, the Ministerial Body is substituted 5 for the Authority as a party to any proceedings 6 specified in a transfer order. 7 (4) On and after transition day, any agreement or 8 instrument specified in a transfer order has effect as if 9 references to the Ministerial Body were substituted, in 10 accordance with the order, for references to the 11 Authority. 12 (5) On and after transition day, any proceedings or remedy 13 that might have been commenced by or against, or 14 might have been available to or against, the Authority 15 in relation to the assets and liabilities assigned by 16 subsections (1) and (2) may be commenced by or 17 against, or are available to or against -- 18 (a) the Ministerial Body in the case of assets and 19 liabilities assigned by subsections (1)(a) and 20 (2)(a); and 21 (b) the State in the case of assets and liabilities 22 assigned by subsections (1)(b) and (2)(b). 23 (6) On and after transition day, an act or omission done or 24 omitted in relation to the assets and liabilities assigned 25 by subsections (1) and (2) before the assignment by, to 26 or in respect of the Authority is, to the extent that the 27 act or omission has any effect, to be taken to have been 28 done or omitted by, to or in respect of -- 29 (a) the Ministerial Body in the case of the assets 30 and liabilities assigned by subsections (1)(a) 31 and (2)(a); and 32 (b) the State in the case of assets and liabilities 33 assigned by subsections (1)(b) and (2)(b). page 21 Alcohol and Drug Authority Amendment Bill 2014 Part 2 Alcohol and Drug Authority Act 1974 amended s. 13 1 42. Transfer orders 2 (1) To facilitate the statutory transition, the Minister may, 3 by order published in the Gazette (a transfer order), 4 specify all or any of the following -- 5 (a) assets and liabilities of the Authority that are to 6 be assigned to the Ministerial Body by 7 operation of section 41; 8 (b) proceedings in which the Ministerial Body is to 9 be substituted for the Authority as a party by 10 operation of section 41; 11 (c) agreements and instruments that, by operation 12 of section 41, are to have effect as if references 13 to the Ministerial Body were substituted, in 14 accordance with the order, for references in the 15 agreements and instruments to the Authority. 16 (2) A transfer order may also deal with any matter that is 17 incidental or supplementary to a matter to which 18 subsection (1) relates and the transfer order has effect 19 accordingly. 20 (3) A transfer order may specify things by reference to one 21 or more schedules that -- 22 (a) need not be published in the Gazette; but 23 (b) must be available for public inspection. 24 (4) Anything specified in a schedule for a transfer order is 25 to be taken to be specified in the transfer order. 26 (5) A thing may be specified in a transfer order by 27 describing the class to which it belongs. 28 (6) Before a transfer order is made specifying an interest in 29 land that, under the LAA, can only be assigned with 30 the approval of the Minister for Lands, the Minister 31 must obtain that approval. page 22 Alcohol and Drug Authority Amendment Bill 2014 Alcohol and Drug Authority Act 1974 amended Part 2 s. 13 1 (7) Before a transfer order is made specifying anything by 2 reference to a schedule, the Minister must consult each 3 relevant official about the form and content of the 4 schedule. 5 (8) To the extent to which a schedule for a transfer order 6 relates to the functions of the Registrar of Titles, the 7 schedule must be in a form that meets the requirements 8 of the Registrar. 9 (9) A thing done by, under or for the purposes of this Part 10 is not invalid merely because subsection (7) or (8) was 11 not complied with. 12 (10) The fact that a previous transfer order has been made 13 does not prevent a further transfer order from being 14 made. 15 (11) The Minister may, by order published in the Gazette, 16 amend a transfer order or a schedule for a transfer 17 order. 18 (12) A transfer order, or an amendment to a transfer order or 19 to a schedule for a transfer order, can only be made 20 before transition day. 21 43. Correction of errors in transfer orders 22 (1) The Minister may, by order published in the Gazette, 23 make any provision that is necessary to correct any 24 error in a transfer order or a schedule for a transfer 25 order. 26 (2) An order made under subsection (1) may have effect on 27 and after transition day. page 23 Alcohol and Drug Authority Amendment Bill 2014 Part 2 Alcohol and Drug Authority Act 1974 amended s. 13 1 (3) To the extent that an order made under subsection (1) 2 has effect before the day of its publication in the 3 Gazette, section 41 does not operate as a result of the 4 order so as -- 5 (a) to affect in a manner prejudicial to any person 6 (other than the State or an authority of the 7 State) the rights of that person existing before 8 the day of its publication; or 9 (b) to impose liabilities on any person (other than 10 the State or an authority of the State) in respect 11 of anything done or omitted before the day of 12 its publication. 13 44. Reserves managed by Authority 14 (1) This section applies to any Crown land that, 15 immediately before transition day, was a reserve under 16 the LAA section 41 for which the Authority was the 17 management body under the LAA section 46(1). 18 (2) On transition day -- 19 (a) Crown land to which this section applies is to 20 be taken to be a reserve under the LAA 21 section 41 for the purposes of the Alcohol and 22 Other Drugs Act 1974; and 23 (b) the Ministerial Body is to be taken to be the 24 management body of the reserve under the 25 LAA section 46(1). 26 (3) For the purposes of section 45 and the purposes of the 27 LAA -- 28 (a) subsection (2)(a) must be treated as if it were an 29 order made under the LAA section 51 changing 30 the purpose of the reserve; and page 24 Alcohol and Drug Authority Amendment Bill 2014 Alcohol and Drug Authority Act 1974 amended Part 2 s. 13 1 (b) subsection (2)(b) must be treated as if it 2 were -- 3 (i) an order made under the LAA 4 section 50(1)(a) revoking the 5 management order placing the care, 6 control and management of the reserve 7 with the Authority and specifying that 8 any interests that existed in, or any 9 caveats that existed in respect of, the 10 reserve immediately before transition 11 day continue to exist in respect of the 12 reserve on and after transition day; and 13 (ii) a management order made under the 14 LAA section 46(1) placing the care, 15 control and management of the reserve 16 with the Ministerial Body subject to any 17 conditions (with the changes necessary 18 to take account of differences as to 19 purpose and management body) to 20 which the management order referred to 21 in subparagraph (i) was subject 22 immediately before transition day. 23 45. Registration of documents 24 (1) The relevant officials -- 25 (a) must take notice of this Part and any transfer 26 order, including any schedule for the transfer 27 order; and 28 (b) must record and register in the appropriate 29 manner the documents necessary to show the 30 effect of this Part and any transfer order. 31 (2) The Minister must give a copy of each transfer order 32 and any schedule for it, and any amendment to a 33 transfer order or to a schedule for a transfer order, to 34 each relevant official. page 25 Alcohol and Drug Authority Amendment Bill 2014 Part 2 Alcohol and Drug Authority Act 1974 amended s. 13 1 46. Authority to complete necessary transactions 2 (1) If an asset or liability of the Authority cannot be 3 properly assigned to the Ministerial Body or the State 4 by the operation of this Division (whether because the 5 matter is governed otherwise than by the law of the 6 State or for any other reason) -- 7 (a) the Authority is to be taken to continue to hold 8 that asset or be liable for that liability until it is 9 effectively assigned to the Ministerial Body or 10 the State in accordance with this Division; and 11 (b) the Authority must take all practicable steps for 12 the purpose of ensuring that the asset or 13 liability is effectively assigned to the 14 Ministerial Body or the State in accordance 15 with this Division. 16 (2) The fact that subsection (1)(a) applies to an asset or 17 liability that is to be assigned to the Ministerial Body 18 or the State under this Division does not affect the duty 19 of the accountable authority of the Department under 20 the Financial Management Act 2006. 21 (3) Despite section 39, the Authority continues in 22 existence for the purpose of performing the functions 23 described in subsection (1). 24 (4) The Authority must perform those functions through a 25 person appointed by the Minister. 26 (5) The person holds office at the pleasure of the Minister 27 and on such terms and conditions as the Minister 28 determines. 29 (6) The Authority as continued by this section has the 30 powers that are necessary or convenient for the 31 purposes of this section. page 26 Alcohol and Drug Authority Amendment Bill 2014 Alcohol and Drug Authority Act 1974 amended Part 2 s. 13 1 47. Exemption from State tax 2 (1) In this section -- 3 State tax includes -- 4 (a) duty chargeable under the Duties Act 2008; and 5 (b) any other tax, duty, fee, levy or charge under a 6 law of the State. 7 (2) State tax is not payable in relation to -- 8 (a) anything that occurs by operation of this Part; 9 or 10 (b) anything done (including a transaction entered 11 into or an instrument or document of any kind 12 made, executed, lodged or given) under this 13 Part, or to give effect to this Part, or for a 14 purpose connected with or arising out of giving 15 effect to this Part. 16 (3) The Minister may certify in writing that -- 17 (a) a specified thing occurred by operation of this 18 Part; or 19 (b) a specified thing was done under this Part, or to 20 give effect to this Part, or for a purpose 21 connected with or arising out of giving effect to 22 this Part. 23 (4) For all purposes and in all proceedings, a certificate 24 under subsection (3) is sufficient evidence of the 25 matters it certifies unless the contrary is shown. 26 48. Operating accounts of Authority 27 (1) In this section -- 28 former accounts means -- 29 (a) the Western Australian Alcohol and Drug 30 Authority Account referred to in the former Act 31 section 28(2); and page 27 Alcohol and Drug Authority Amendment Bill 2014 Part 2 Alcohol and Drug Authority Act 1974 amended s. 13 1 (b) any other operating accounts of the Authority. 2 (2) On transition day, any moneys standing to the credit of 3 the former accounts must be credited to an operating 4 account of the Department and the former accounts 5 must then be closed. 6 (3) Moneys referred to in subsection (2) may be applied -- 7 (a) in the payment of any liabilities of the former 8 accounts arising before transition day; and 9 (b) for the purposes of this Act. 10 (4) The operating account referred to in subsection (2) 11 must be credited with any money payable to the former 12 accounts before transition day that is paid on or after 13 that day. 14 (5) On and after transition day, any agreement, instrument 15 or other document that contains a reference to any of 16 the former accounts has effect as if the reference were 17 to the operating account referred to in subsection (2). 18 49. Investments 19 (1) Despite the repeal of the former Act Part IV, the 20 investment of any funds of the Authority that was 21 authorised under the former Act section 30 22 immediately before transition day continues on and 23 after transition day to be authorised as if that section 24 had not been repealed. 25 (2) Funds referred to in subsection (1) that cease to be 26 invested as described in that subsection must be 27 credited to an operating account of the Department. page 28 Alcohol and Drug Authority Amendment Bill 2014 Alcohol and Drug Authority Act 1974 amended Part 2 s. 13 1 Division 4 -- Authority's staff 2 50. Employees of Authority 3 (1) A person who, immediately before transition day, held 4 an appointment under the former Act section 21(1)(a) 5 that required the person to be a medical practitioner is 6 to be taken, on and after transition day, to be appointed 7 under the amended Act section 15(1)(b). 8 (2) A person who, immediately before transition day, held 9 another appointment under the former Act 10 section 21(1)(a) is to be taken, on and after transition 11 day, to be a public service officer employed in the 12 Department. 13 (3) A person who, immediately before transition day, held 14 an appointment under the former Act section 21(1)(b) 15 is to be taken, on and after transition day, to be 16 appointed under the amended Act section 15(1)(c). 17 (4) A person who, immediately before transition day, is a 18 senior executive officer (as defined in the Public Sector 19 Management Act 1994 section 3(1)) employed in the 20 Authority is to be taken, on and after transition day, to 21 be a senior executive officer employed in the 22 Department. 23 51. Preservation of rights 24 (1) This section applies in relation to a person to whom 25 section 50 applies. 26 (2) Except as otherwise agreed by the person, the operation 27 of section 50 does not -- 28 (a) affect the person's pay as defined in the Public 29 Sector Management (Redeployment and 30 Redundancy) Regulations 1994 regulation 3(1); 31 or page 29 Alcohol and Drug Authority Amendment Bill 2014 Part 2 Alcohol and Drug Authority Act 1974 amended s. 13 1 (b) affect the person's existing or accruing rights in 2 respect of annual leave, long service leave, sick 3 leave or any other leave; or 4 (c) affect any rights under a superannuation 5 scheme; or 6 (d) interrupt the continuity of the person's service. 7 (3) For the purposes of subsection (2)(d), the person's 8 service with the Authority is to be taken to have been 9 service in the Department. 10 Division 5 -- Continuation of certain things 11 52. Completion of things done 12 Anything commenced to be done by the Authority 13 before transition day may be continued on and after 14 transition day by a relevant successor so far as the 15 doing of the thing is within the relevant successor's 16 functions. 17 53. Continuing effect of things done 18 (1) This section applies in relation to an act or omission 19 done or omitted before transition day by, to or in 20 respect of the Authority to the extent that the act or 21 omission -- 22 (a) has force or significance; and 23 (b) is not governed by another provision of this 24 Part. 25 (2) On and after transition day, the act or omission is to be 26 taken to have been done or omitted by, to or in respect 27 of a relevant successor so far as the act or omission 28 relates to the relevant successor's functions. page 30 Alcohol and Drug Authority Amendment Bill 2014 Alcohol and Drug Authority Act 1974 amended Part 2 s. 13 1 54. Agreements, instruments, proceedings and remedies 2 generally 3 (1) Subsection (2) applies to any agreement or instrument 4 to which section 41 does not apply. 5 (2) On and after transition day, any agreement or 6 instrument that contains a reference to the Authority 7 has effect as if the reference were to a relevant 8 successor so far as the reference relates to the relevant 9 successor's functions, unless the context otherwise 10 requires. 11 (3) Subsection (4) applies in relation to any proceedings or 12 remedy to which section 41 does not apply. 13 (4) On and after transition day, any proceedings or remedy 14 that might have been commenced or continued by or 15 against, or might have been available to or against, the 16 Authority may be commenced or continued by or 17 against, or is available to or against, a relevant 18 successor so far as the proceedings or remedy are in 19 respect of an act, matter or thing that is within the 20 relevant successor's functions. 21 Division 6 -- Other matters 22 55. Authority's records to be delivered to CEO 23 As soon as practicable after transition day, all papers, 24 documents, minutes, books of account and other 25 records (however compiled, recorded or stored) of the 26 Authority must be delivered to the CEO. 27 56. Transitional regulations 28 (1) In this section -- 29 publication day, for regulations made under 30 subsection (2), means the day on which those 31 regulations are published in the Gazette; page 31 Alcohol and Drug Authority Amendment Bill 2014 Part 2 Alcohol and Drug Authority Act 1974 amended s. 13 1 specified means specified or described in regulations 2 made under subsection (2); 3 transitional matter -- 4 (a) means a matter that needs to be dealt with for 5 the purpose of effecting the statutory transition; 6 and 7 (b) includes a saving or application matter. 8 (2) If there is no sufficient provision in this Part or in a 9 transfer order for dealing with a transitional matter, the 10 Governor may make regulations prescribing matters -- 11 (a) required to be prescribed for the purpose of 12 dealing with the transitional matter; or 13 (b) necessary or convenient to be prescribed for the 14 purpose of dealing with the transitional matter. 15 (3) Regulations made under subsection (2) may provide 16 that specified provisions of this Act -- 17 (a) do not apply to or in relation to a specified 18 matter; or 19 (b) apply with specified modifications to or in 20 relation to a specified matter. 21 (4) If regulations made under subsection (2) provide that a 22 specified state of affairs is to be taken to have existed, 23 or not to have existed, on and after a day that is earlier 24 than publication day for those regulations but not 25 earlier than transition day, the regulations have effect 26 according to their terms. 27 (5) If regulations made under subsection (2) contain a 28 provision referred to in subsection (4), the provision 29 does not operate so as -- 30 (a) to affect in a manner prejudicial to a person 31 (other than the State or an authority of the page 32 Alcohol and Drug Authority Amendment Bill 2014 Alcohol and Drug Authority Act 1974 amended Part 2 s. 13 1 State) the rights of that person existing before 2 publication day for those regulations; or 3 (b) to impose liabilities on a person (other than the 4 State or an authority of the State) in respect of 5 an act done or omission made before 6 publication day for those regulations. 7 (6) Regulations can only be made under subsection (2) 8 within 24 months after the day on which the Alcohol 9 and Drug Authority Amendment Act 2014 receives the 10 Royal Assent. 11 57. Effect on other instruments, rights and obligations 12 The operation of this Part or a transfer order must not 13 be regarded -- 14 (a) as a breach of contract or confidence or 15 otherwise as a civil wrong; or 16 (b) as a breach of any contractual provision 17 prohibiting, restricting or regulating the 18 assignment or transfer of assets, rights or 19 liabilities or the disclosure of information; or 20 (c) as giving rise to any remedy by a party to an 21 instrument, or as causing or permitting the 22 termination of any instrument, because of a 23 change in the beneficial or legal ownership of 24 any assets, rights or liabilities; or 25 (d) as causing any contract or instrument to be void 26 or otherwise unenforceable; or 27 (e) as releasing or allowing the release of any 28 surety. 29 58. Interpretation Act 1984 not affected 30 Except to the extent this Part expressly provides 31 differently, the Interpretation Act 1984 applies in page 33 Alcohol and Drug Authority Amendment Bill 2014 Part 2 Alcohol and Drug Authority Act 1974 amended s. 13 1 relation to the repeal of an enactment by the Alcohol 2 and Drug Authority Amendment Act 2014 Part 2. 3 page 34 Alcohol and Drug Authority Amendment Bill 2014 Other Acts amended Part 3 s. 14 1 Part 3 -- Other Acts amended 2 14. Constitution Acts Amendment Act 1899 amended 3 (1) This section amends the Constitution Acts Amendment Act 1899. 4 (2) In Schedule V Part 2 Division 2 delete "Act 1951, or the 5 Western Australian Alcohol and Drug Authority established 6 under the Alcohol and Drug Authority Act 1974." and insert: 7 8 Act 1951. 9 10 15. Coroners Act 1996 amended 11 (1) This section amends the Coroners Act 1996. 12 (2) In section 3 in the definition of person held in care 13 paragraph (b) delete "Drug Authority" and insert: 14 15 Other Drugs 16 17 16. Financial Management Act 2006 amended 18 (1) This section amends the Financial Management Act 2006. 19 (2) In Schedule 1 delete "Western Australian Alcohol and Drug 20 Authority". 21 17. Public Sector Management Act 1994 amended 22 (1) This section amends the Public Sector Management Act 1994. 23 (2) Delete Schedule 2 item 58. page 35 Alcohol and Drug Authority Amendment Bill 2014 Part 3 Other Acts amended s. 18 1 18. Spent Convictions Act 1988 amended 2 (1) This section amends the Spent Convictions Act 1988. 3 (2) In Schedule 3 clause 1(7) in the Table item 1(d) delete "Drug 4 Authority" and insert: 5 6 Other Drugs 7 8
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