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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Chemistry Centre (WA) Bill 2006 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 3. Terms used in this Act 2 Part 2 -- Chemistry Centre (WA) 4. Chemistry Centre established 5 5. Status 5 6. Board of management 5 7. Constitution and proceedings of board 5 8. Remuneration of members of the board 6 Part 3 -- Functions and powers of the Chemistry Centre 9. Functions 7 10. Principles of operation 7 11. Powers 8 12. Transactions that require Ministerial approval 10 13. Exemptions from section 12 11 14. Delegation by the Chemistry Centre 11 15. Use of trading names for Chemistry Centre and its operations 12 Part 4 -- Staff 16. Chief executive officer 13 17. Other staff and contractors 13 18. Use of other government staff and facilities 14 121--2 page i Chemistry Centre (WA) Bill 2006 Contents Part 5 -- Accountability and financial provisions Division 1 -- Accountability 19. Duty to observe policy instruments 15 20. Strategic development plan and statement of corporate intent 15 21. Minister to be kept informed 16 22. Minister may give directions 16 23. Minister to have access to information 17 24. Information not available to the Minister 18 25. Protection for disclosure or compliance with directions 18 Division 2 -- Financial provisions 26. Chemistry Centre's funds 18 27. Chemistry Centre (WA) Account 19 28. Borrowing 19 29. Guarantees 20 30. Charges for guarantee 20 31. Liability for duties, taxes and other statutory imposts 20 Division 3 -- Financial Management Act 2006 and Auditor General Act 2006 32. Application of Financial Management Act 2006 and Auditor General Act 2006 22 Part 6 -- General provisions 33. Confidentiality 23 34. Confidentiality -- contractors 24 35. Confidentiality -- reports and other documents 25 36. Laying documents before Parliament 26 37. Execution of documents by Chemistry Centre 26 38. Contract formalities 27 39. Protection from liability 28 40. Regulations 28 41. Review of Act 28 42. Transitional and savings provisions 29 43. Amendments to other Acts 29 page ii Chemistry Centre (WA) Bill 2006 Contents Schedule 1 -- Constitution and proceedings of the board Division 1 -- General provisions 1. Term of office 30 2. Resignation, removal, etc. 30 3. Leave of absence 30 4. Chairperson unable to act 30 5. Board member unable to act 31 6. Saving 31 7. Calling of meetings 31 8. Presiding officer 31 9. Quorum 31 10. Voting 32 11. Minutes 32 12. Resolution without meeting 32 13. Holding meetings remotely 32 14. Committees 32 15. Board to determine own procedures 32 Division 2 -- Disclosure of interests etc. 16. Disclosure of interests 33 17. Voting by interested members 33 18. Clause 17 may be declared inapplicable 33 19. Quorum where clause 17 applies 34 20. Minister may declare clauses 17 and 19 inapplicable 34 Schedule 2 -- Transitional provisions Division 1 -- Interpretation 1. Terms used in this Schedule 35 Division 2 -- Transfer of assets, liabilities, proceedings etc. 2. Minister may make transfer orders 35 3. Consequences of transfer order 37 4. Department to complete necessary transactions 37 5. Registration of documents 38 6. Exemption from State taxes 38 7. Rectifying error in transfer order 39 page iii Chemistry Centre (WA) Bill 2006 Contents Division 3 -- Continuing effect of things done 8. Terms used in this Division 40 9. Completion of things commenced 40 10. Continuing effect of references and things done generally 40 Division 4 -- Miscellaneous transitional provisions 11. Relevant amount for the purposes of section 12 41 12. Further transitional provision may be made 41 13. Saving 41 Schedule 3 -- Amendment of other written laws 1. Constitution Acts Amendment Act 1899 amended 43 2. Financial Management Act 2006 amended 43 3. Public Sector Management Act 1994 amended 43 4. Statutory Corporations (Liability of Directors) Act 1996 amended 44 5. Various references to Director of the Chemistry Centre changed to chief executive officer of the Chemistry Centre 44 6. State Superannuation Regulations 2001 amended 45 Defined Terms page iv Western Australia LEGISLATIVE ASSEMBLY (As amended in Committee) Chemistry Centre (WA) Bill 2006 A Bill for An Act to -- • establish an agency of the Crown with the function of providing chemical information, advice and analytical services to the State and other persons and with related functions; • make consequential amendments to certain Acts, and for related purposes. The Parliament of Western Australia enacts as follows: page 1 Chemistry Centre (WA) Bill 2006 Part 1 Preliminary s. 1 Part 1 -- Preliminary 1. Short title This is the Chemistry Centre (WA) Act 2006. 2. Commencement 5 (1) This Act, other than Part 1 and Schedule 2, comes into operation on a day fixed by proclamation. (2) Different days may be fixed under subsection (1) for different provisions. (3) Part 1 and Schedule 2 come into operation on the day on which 10 this Act receives the Royal Assent. 3. Terms used in this Act (1) In this Act, unless the contrary intention appears -- "account" means the account referred to in section 27; "board" means the board of management provided for under 15 section 6 and, in Schedule 1 Division 2, includes a committee; "chairperson" means the chairperson of the board; "Chemistry Centre" means the Chemistry Centre (WA) established by section 4; 20 "chief executive officer" means the chief executive officer referred to in section 16; "client related information" means, in relation to services provided by the Chemistry Centre -- (a) information obtained from or for a private client as 25 part of providing those services to the client; or (b) the fact that a private client has sought those services; "committee" means a committee appointed under Schedule 1 clause 14; page 2 Chemistry Centre (WA) Bill 2006 Preliminary Part 1 s. 3 "government agency" means -- (a) a department of the Public Service; (b) a State agency or instrumentality; or (c) a body (whether incorporated or not) or the holder of 5 an office, post or position, established or continued by or under a written law for a public purpose; "member of staff " means the chief executive officer or a person referred to in section 17(1) or (2); "member of the board" includes a person appointed under 10 Schedule 1 clause 5 and, in Schedule 1 Division 2, includes a member of a committee; "personal information" means information or an opinion, whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the 15 information, but does not include information or an opinion about a member of the board, a member of a committee, a member of staff or any other person engaged under section 17 or made available under section 17(6) or 18, in that capacity; 20 "private client" means a person or organisation, other than a government agency -- (a) for whom the Chemistry Centre has provided, or is providing, services; or (b) who has sought the services of the Chemistry Centre; 25 "subsidiary" means -- (a) a body determined to be a subsidiary of the Chemistry Centre under subsection (2); or (b) a unit trust, joint venture or partnership where the interest or other rights of the Chemistry Centre in 30 connection with the unit trust, joint venture or partnership entitle the Chemistry Centre to -- (i) control the composition of the governing body of the unit trust, joint venture or partnership; page 3 Chemistry Centre (WA) Bill 2006 Part 1 Preliminary s. 3 (ii) cast, or control the casting of, more than one-half of the maximum number of votes that might be cast at a general meeting of the unit trust, joint venture or partnership; or 5 (iii) control the business affairs of the unit trust, joint venture or partnership. (2) The Commonwealth Corporations Act 2001 Part 1.2 Division 6 applies for the purpose of determining whether a body is a subsidiary of the Chemistry Centre. page 4 Chemistry Centre (WA) Bill 2006 Chemistry Centre (WA) Part 2 s. 4 Part 2 -- Chemistry Centre (WA) 4. Chemistry Centre established (1) A body called the Chemistry Centre (WA) is established. (2) The Chemistry Centre is a body corporate with perpetual 5 succession. (3) Proceedings may be taken by or against the Chemistry Centre in its corporate name. 5. Status The Chemistry Centre is an agent of the Crown and enjoys the 10 status, immunities and privileges of the Crown. 6. Board of management (1) The Chemistry Centre is to have a board of management comprising -- (a) one member appointed as the chairperson; 15 (b) one member appointed as the deputy chairperson; and (c) 5 other members. (2) The board is the governing body of the Chemistry Centre and, in the name of the Chemistry Centre, is to perform the functions of the Chemistry Centre. 20 (3) The members of the board are to be appointed by the Minister. (4) The Minister is to ensure that each person appointed to the board has expertise that, in the Minister's opinion, is relevant to the functions of the Chemistry Centre. 7. Constitution and proceedings of board 25 Schedule 1 has effect with respect to the board and its members and a committee and its members. page 5 Chemistry Centre (WA) Bill 2006 Part 2 Chemistry Centre (WA) s. 8 8. Remuneration of members of the board (1) A member of the board is to be paid such remuneration and travelling and other allowances as are determined in his or her case by the Minister on the recommendation of the Minister for 5 Public Sector Management. (2) A member of a committee who is not a member of the board is to be paid such remuneration and travelling and other allowances as are determined in his or her case by the Minister on the recommendation of the Minister for Public Sector 10 Management. page 6 Chemistry Centre (WA) Bill 2006 Functions and powers of the Chemistry Centre Part 3 s. 9 Part 3 -- Functions and powers of the Chemistry Centre 9. Functions The functions of the Chemistry Centre are -- 5 (a) to provide chemical information, advice and analytical services to government agencies, particularly, but not exclusively, in the areas of -- (i) forensic science and medicine; (ii) public health and safety; 10 (iii) environmental protection; and (iv) crisis and emergency response and management; (b) to undertake research and development that will, or is likely to, assist -- (i) in the development of the State; and 15 (ii) in the performance of its other functions; (c) to promote, and assist in the provision of, chemistry based education and training and fundamental and applied research and development; (d) to earn revenue by engaging in commercial activities 20 that are not inconsistent with, and do not have an adverse effect on, the performance of its other functions and are -- (i) connected with the performance of the Chemistry Centre's other functions; or 25 (ii) authorised by the regulations. 10. Principles of operation (1) The Chemistry Centre is to perform its functions and manage its affairs in accordance with the following principles -- (a) it is to provide high quality, independent chemical 30 information, advice and analytical services; page 7 Chemistry Centre (WA) Bill 2006 Part 3 Functions and powers of the Chemistry Centre s. 11 (b) it is to provide that information and advice and those services in a timely manner; (c) it is to maintain its capacity to adhere to the principles in paragraphs (a) and (b), particularly, but not exclusively, 5 by ensuring that -- (i) persons with the skills and experience necessary to do so are members of staff, or otherwise employed by or made available to it; and (ii) it has, or has available to it, the materials, 10 equipment and infrastructure necessary to perform its functions; (d) it is to perform its functions in a cost effective manner (to the extent practicable). (2) When engaging, or proposing to engage, in a commercial 15 activity, the Chemistry Centre is to ensure that -- (a) the activity is consistent with its strategic development plan and statement of corporate intent; and (b) the activity is likely to be of benefit to the community of Western Australia. 20 (3) The Chemistry Centre may perform any of its functions in the State or elsewhere. 11. Powers (1) The Chemistry Centre has all the powers it needs to perform its functions. 25 (2) The Chemistry Centre may, for the purpose of performing any of its functions, but subject to any limitation imposed by this Act -- (a) acquire, construct, add to, alter, improve, hold, maintain, manage, develop or dispose of, real or personal 30 property; page 8 Chemistry Centre (WA) Bill 2006 Functions and powers of the Chemistry Centre Part 3 s. 11 (b) enter into a contract or other arrangement, including a contract or arrangement for the provision of services to the Chemistry Centre; (c) act as an agent or provide consultancy, professional or 5 technical services or other assistance under a contract for services or other arrangement; (d) with the Minister's and the Treasurer's approval, participate in any business concern or acquire, hold and dispose of, shares, units or other interests in or relating 10 to a business concern; (e) collaborate with any person or body in the performance of its functions; (f) carry out any investigation, survey, exploration, feasibility study, evaluation or review; 15 (g) produce and publish information on matters relating to its functions, including results for research and development undertaken by the Chemistry Centre, alone or collaboratively; (h) produce and deal in any equipment, facilities or system 20 associated with the performance of its functions; (i) develop and turn to account any technology, software or other intellectual property that relates to its functions and, for that purpose, apply for, hold, exploit and dispose of any patent, patent rights, copyright or similar 25 rights; and (j) promote and market the Chemistry Centre and its activities. (3) Subsection (2) does not limit subsection (1) or any of the Chemistry Centre's other powers. 30 (4) The Chemistry Centre may -- (a) make any gift for a charitable purpose or any other purpose of benefit to the community or a section of the community; page 9 Chemistry Centre (WA) Bill 2006 Part 3 Functions and powers of the Chemistry Centre s. 12 (b) make any ex gratia payment that it considers to be in the Chemistry Centre's interest; or (c) accept any gift or other payment if it is absolute, or subject to conditions that it would be able to satisfy. 5 (5) In this section -- "acquire" includes acquiring -- (a) by way of a lease, licence, easement or bailment; or (b) in any other manner in which an interest in property may be acquired; 10 "business concern" means a company, a partnership, a trust, a joint venture or any other business arrangement; "dispose of " includes dispose of -- (a) by way of a lease, licence, easement or bailment; or (b) in any other manner in which an interest in property 15 may be disposed of; "participate in" a business concern includes form, promote, establish, enter into, manage, dissolve, wind up, and do things incidental to participating in, a business concern. 12. Transactions that require Ministerial approval 20 (1) Despite sections 9, 10 and 11, the Chemistry Centre must get the Minister's approval before a transaction to which this section applies is entered into. (2) This section applies to a transaction if -- (a) it is to be entered into by the Chemistry Centre or a 25 subsidiary of the Chemistry Centre; (b) it is not exempt under section 13; and (c) the Chemistry Centre's liability exceeds the relevant amount. page 10 Chemistry Centre (WA) Bill 2006 Functions and powers of the Chemistry Centre Part 3 s. 13 (3) For the purposes of subsection (2)(c) -- (a) the Chemistry Centre's liability is the amount or value of the consideration or the amount to be paid by the Chemistry Centre or a subsidiary, worked out as at the 5 time when the transaction is entered into; and (b) the relevant amount is the larger of -- (i) an amount equal to 5% of the value of the total reported assets of the Chemistry Centre as set out in the most recent annual report of the Chemistry 10 Centre under the Financial Management Act 2006 Part 5; or (ii) $1 000 000. (4) In this section and section 13 -- "transaction" includes a contract or other arrangement but does 15 not include -- (a) an exercise of the power under section 11(2)(d); or (b) a transaction under section 28. 13. Exemptions from section 12 (1) The Minister, with the Treasurer's concurrence, may by order 20 exempt a transaction or class of transaction from the operation of section 12 either unconditionally or on specified conditions. (2) An order under subsection (1) may be revoked or amended by the Minister with the Treasurer's concurrence. (3) The Minister must, within 14 days after an order under 25 subsection (1) or (2) is made, cause a copy of it to be laid before each House of Parliament or be dealt with in accordance with section 36. 14. Delegation by the Chemistry Centre (1) The Chemistry Centre may delegate to a person any power or 30 duty of the Chemistry Centre under another provision of this Act. page 11 Chemistry Centre (WA) Bill 2006 Part 3 Functions and powers of the Chemistry Centre s. 15 (2) The delegation must be in writing executed by the Chemistry Centre. (3) If a person is not a member of the board or a member of the staff of the Chemistry Centre, a power or duty can only be 5 delegated to the person under this section if the person has been approved for the purposes of this section by the Minister. (4) An approval under subsection (3) may be given in respect of -- (a) a specified person or persons of a specified class; or (b) the holder or holders for the time being of a specified 10 office or class of office. (5) A person to whom a power or duty is delegated under this section cannot delegate that power or duty. (6) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so 15 in accordance with the terms of the delegation unless the contrary is shown. (7) Nothing in this section limits the ability of the Chemistry Centre to perform a function through an officer or agent. (8) This section does not apply to the execution of documents but 20 authority to execute documents on behalf of the Chemistry Centre can be given under section 37. 15. Use of trading names for Chemistry Centre and its operations The Chemistry Centre may use and operate under one or more 25 trading names approved by the Minister, being -- (a) an abbreviation or adaptation of its corporate name; or (b) a name other than its corporate name. page 12 Chemistry Centre (WA) Bill 2006 Staff Part 4 s. 16 Part 4 -- Staff 16. Chief executive officer (1) A chief executive officer of the Chemistry Centre is to be appointed under the Public Sector Management Act 1994 Part 3. 5 (2) Subject to the control of the board, the chief executive officer is to administer the day to day operations of the Chemistry Centre. 17. Other staff and contractors (1) Public service officers may be appointed or made available under the Public Sector Management Act 1994 Part 3 to enable 10 the Chemistry Centre to perform its functions. (2) The Chemistry Centre may engage persons as staff otherwise than under the Public Sector Management Act 1994 Part 3. (3) The remuneration of and other terms and conditions of employment of persons referred to in subsection (2) are not to 15 be less favourable than is provided for in -- (a) an applicable industrial award, order or agreement under the Industrial Relations Act 1979; or (b) the Minimum Conditions of Employment Act 1993. (4) Nothing in subsection (3) affects the operation of the Industrial 20 Relations Act 1979 Part VID. (5) Subsections (1) and (2) do not affect the power of the Chemistry Centre to engage a person under a contract for services or appoint a person on a casual employment basis under the Public Sector Management Act 1994 section 100. 25 (6) The Chemistry Centre may, by arrangement on such terms as are agreed with the relevant parties, make use of the services of a person employed by another person. page 13 Chemistry Centre (WA) Bill 2006 Part 4 Staff s. 18 18. Use of other government staff and facilities (1) The Chemistry Centre may by arrangement with the relevant employing authority make use, either full-time or part-time, of the services of any officer or employee -- 5 (a) in the Public Service; (b) in a State agency or instrumentality; or (c) otherwise in the service of the State. (2) The Chemistry Centre may by arrangement with -- (a) a department of the Public Service; or 10 (b) a State agency or instrumentality, make use of any facilities of the department, agency or instrumentality. (3) An arrangement under subsection (1) or (2) is to be made on such terms as are agreed to by the parties. 15 (4) In this section, "employing authority", "Public Service" and other expressions used in the Public Sector Management Act 1994 each have the meaning given to them in that Act. page 14 Chemistry Centre (WA) Bill 2006 Accountability and financial provisions Part 5 Accountability Division 1 s. 19 Part 5 -- Accountability and financial provisions Division 1 -- Accountability 19. Duty to observe policy instruments The Chemistry Centre is to perform its functions in accordance 5 with its strategic development plan and its statement of corporate intent as existing from time to time. 20. Strategic development plan and statement of corporate intent (1) The Board must, at the prescribed times, prepare and submit to 10 the Minister -- (a) a strategic development plan for the Chemistry Centre; and (b) a statement of corporate intent for the Chemistry Centre. (2) The regulations may make provision for the following -- 15 (a) the manner and form in which the Board is to prepare, submit, revise or modify a strategic development plan or statement of corporate intent; (b) the period a strategic development plan or statement of corporate intent is to cover; 20 (c) the matters to be set out in a strategic development plan or statement of corporate intent; (d) the functions of the Board, the Minister and the Treasurer in relation to the development, approval or modification of a strategic development plan or 25 statement of corporate intent; (e) the operation of a strategic development plan or statement of corporate intent. (3) If a regulation referred to in subsection (2) enables the Minister to give directions to the Board, the Minister must cause a copy 30 of a direction given under the regulation to be laid before each page 15 Chemistry Centre (WA) Bill 2006 Part 5 Accountability and financial provisions Division 1 Accountability s. 21 House of Parliament or be dealt with in accordance with section 36 -- (a) within 14 days after a direction is given; or (b) if the direction is the subject of a notice under the 5 Statutory Corporations (Liability of Directors) Act 1996 section 17, within 14 days after it is confirmed under that section. (4) Regulations referred to in subsection (2) are not to be made except with the Treasurer's concurrence. 10 21. Minister to be kept informed (1) The Chemistry Centre must -- (a) keep the Minister reasonably informed of the operations, financial performance, and financial position of the Chemistry Centre and prospects of the Chemistry 15 Centre; (b) give the Minister reports and information that the Minister requires for the making of informed assessments of matters referred to in paragraph (a); and (c) if matters arise that in the Chemistry Centre's opinion 20 may prevent, or significantly affect, achievement of the Chemistry Centre's objectives and targets outlined in its strategic development plan and statement of corporate intent -- promptly inform the Minister of the matters and its opinion in relation to them. 25 (2) This section is subject to section 24. 22. Minister may give directions (1) The Minister may give written directions to the Chemistry Centre with respect to the performance of its functions generally, and the Chemistry Centre must give effect to any 30 such direction. page 16 Chemistry Centre (WA) Bill 2006 Accountability and financial provisions Part 5 Accountability Division 1 s. 23 (2) The Minister must cause a copy of a direction under subsection (1) to be laid before each House of Parliament, or dealt with under section 36, within 14 days after the day on which the direction is given. 5 (3) The text of a direction under subsection (1) is to be included in the annual report submitted by the accountable authority of the Chemistry Centre under the Financial Management Act 2006 Part 5. 23. Minister to have access to information 10 (1) The Minister is entitled -- (a) to have information in the possession of the Chemistry Centre; and (b) if the information is in or on a document, to have, and make and retain copies of, that document. 15 (2) For the purposes of subsection (1) the Minister may -- (a) request the Chemistry Centre to give information to the Minister; (b) request the Chemistry Centre to give the Minister access to information; and 20 (c) request the use of the staff of the Chemistry Centre to obtain the information and give it to the Minister. (3) The Chemistry Centre must comply with a request under subsection (2). (4) This section is subject to section 24. 25 (5) In this section -- "document" includes any tape, disk or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise; "information" means information specified, or of a description 30 specified, by the Minister that relates to the functions of the Chemistry Centre. page 17 Chemistry Centre (WA) Bill 2006 Part 5 Accountability and financial provisions Division 2 Financial provisions s. 24 24. Information not available to the Minister (1) Nothing in this Act entitles the Minister to have client related information or personal information in the possession of the Chemistry Centre obtained in the course of the Chemistry 5 Centre performing its functions. (2) This section does not apply to, or in relation to, client related information or personal information to the extent to which -- (a) the information is already in the public domain; (b) the information is summary or statistical information 10 that could not reasonably be expected to enable particulars relating to any person or organisation to be ascertained; (c) disclosure of the information to the Minister is required by another written law; or 15 (d) disclosure of the information to the Minister is authorised by each person or organisation to whom it relates. 25. Protection for disclosure or compliance with directions The Chemistry Centre or a person performing functions under 20 this Act is not liable -- (a) in respect of any claim arising as a consequence of the disclosure of information or documents under this Act; or (b) for the fact of having done or omitted a thing that is 25 required to be done or omitted by a direction given under this Act. Division 2 -- Financial provisions 26. Chemistry Centre's funds The funds available for enabling the Chemistry Centre to 30 perform its functions consist of -- (a) money received by the Chemistry Centre in the performance of its functions; page 18 Chemistry Centre (WA) Bill 2006 Accountability and financial provisions Part 5 Financial provisions Division 2 s. 27 (b) money from time to time appropriated by Parliament; (c) money borrowed by the Chemistry Centre under section 28; and (d) other money lawfully received by, made available to, or 5 payable to, the Chemistry Centre under this or any other Act. 27. Chemistry Centre (WA) Account (1) Money received by the Chemistry Centre is to be credited to, and money paid by the Chemistry Centre is to be debited to, an 10 account called the "Chemistry Centre (WA) Account, which is to be established" -- (a) as an agency special purpose account under the Financial Management Act 2006 section 16; or (b) with the approval of the Treasurer, at a bank as defined 15 in section 3 of that Act. (2) The Minister may -- (a) with the concurrence of the Treasurer, fix an amount that the Chemistry Centre is required to pay to the Treasurer by way of financial return to the State; and 20 (b) under section 22, direct the Chemistry Centre to make the payment. (3) The amount fixed under subsection (2) is limited to the amount of the Chemistry Centre's profits. 28. Borrowing 25 (1) The Chemistry Centre may, with the prior approval of the Minister and the Treasurer and on the terms and conditions determined by the Treasurer -- (a) borrow or re-borrow money; (b) obtain credit; or 30 (c) otherwise arrange for financial accommodation to be extended to the Chemistry Centre. page 19 Chemistry Centre (WA) Bill 2006 Part 5 Accountability and financial provisions Division 2 Financial provisions s. 29 (2) The total amount of money borrowed in any one financial year is not to exceed the amount determined by the Treasurer. (3) The Chemistry Centre is to keep any register that the regulations require for the purposes of this section. 5 29. Guarantees (1) The Treasurer, on the Minister's recommendation, may, in the name and on behalf of the State, guarantee the performance by the Chemistry Centre, in the State or elsewhere, of any financial obligation of the Chemistry Centre. 10 (2) A guarantee is to be in the form, and subject to the terms and conditions, determined by the Treasurer. (3) The due payment of money payable by the Treasurer under a guarantee is to be charged to the Consolidated Account, which this subsection appropriates accordingly. 15 (4) The Treasurer is to cause any amounts received or recovered, from the Chemistry Centre or otherwise, in respect of any payment made by the Treasurer under a guarantee to be credited to the Consolidated Account. 30. Charges for guarantee 20 (1) The Treasurer may, after consultation with the Chemistry Centre, fix charges to be paid by the Chemistry Centre to the Treasurer for the benefit of the Consolidated Account in respect of a guarantee given under section 29. (2) Payments by the Chemistry Centre to the Treasurer in respect of 25 those charges are required to be made at times, and in instalments, as determined by the Treasurer. 31. Liability for duties, taxes and other statutory imposts (1) Despite any other written law but except as stated in subsection (2) -- 30 (a) the Chemistry Centre; and page 20 Chemistry Centre (WA) Bill 2006 Accountability and financial provisions Part 5 Financial provisions Division 2 s. 31 (b) deeds or other instruments to which it is a party, are liable to and chargeable with duties, taxes or other imposts under any written law. (2) Despite subsection (1) but subject to subsection (3), the 5 Chemistry Centre is not liable to pay any local government rate or charge. (3) Subsection (2) does not apply to the liability to pay any rate or charge in respect of land held under a lease or tenancy agreement from the Chemistry Centre. 10 (4) The Chemistry Centre is to pay to the Treasurer in respect of each financial year an amount equivalent to the sum of all local government rates and charges that, but for subsection (2) and the Local Government Act 1995 section 6.26(2)(a)(i), the Chemistry Centre would have been liable to pay in respect of 15 that financial year. (5) Subsection (4) does not apply in relation to rates and charges in respect of land referred to in subsection (3). (6) An amount payable under subsection (4) -- (a) is to be determined in accordance with such principles 20 as the Treasurer may direct; and (b) is to be paid at such time or times as the Treasurer may direct. (7) The first payment under subsection (4) is to be in respect of the next full financial year after the commencement of this Act. page 21 Chemistry Centre (WA) Bill 2006 Part 5 Accountability and financial provisions Division 3 Financial Management Act 2006 and Auditor General Act 2006 s. 32 Division 3 -- Financial Management Act 2006 and Auditor General Act 2006 32. Application of Financial Management Act 2006 and Auditor General Act 2006 5 The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the Chemistry Centre and its operations. page 22 Chemistry Centre (WA) Bill 2006 General provisions Part 6 s. 33 Part 6 -- General provisions 33. Confidentiality (1) This section applies to a person who is or has been a member of the board, a member of a committee, a member of staff or any 5 other person engaged or appointed under section 17 or made available under section 17(6) or 18. (2) A person to whom this section applies must not, directly or indirectly, record, disclose or make use of any information obtained in the course of duty except -- 10 (a) for the purpose of performing functions under this Act or another written law; (b) as required under another written law; (c) with the written consent of the person to whom the information relates; or 15 (d) in other prescribed circumstances. Penalty: a fine of $10 000 or imprisonment for 12 months. (3) For the purposes of subsection (2)(a), it is not a function of a person to whom this section applies to, directly or indirectly, record, disclose or make use of any client related information or 20 personal information unless it is necessary to do so -- (a) as part of providing a service to the client to whom the information relates; (b) for the internal management and control of the Chemistry Centre; or 25 (c) for the purposes of subsection (5). (4) Subsection (3) does not limit the functions of a person to whom this section applies to the extent to which -- (a) the information is already in the public domain; (b) the information is summary or statistical information 30 that could not reasonably be expected to enable particulars relating to any person to be ascertained; or page 23 Chemistry Centre (WA) Bill 2006 Part 6 General provisions s. 34 (c) recording, disclosing or making use of the information is authorised by each person or organisation to whom it relates. (5) Despite the rest of the provisions of this Act, the board may 5 disclose information to the Minister if the board considers that, because of the exceptional nature of the case, it is in the public interest to do so. 34. Confidentiality -- contractors (1) This section applies in respect of a contract with the Chemistry 10 Centre for the provision of services to the Chemistry Centre and applies to -- (a) a person with whom the Chemistry Centre has the contract; (b) a director or employee of a person referred to in 15 paragraph (a); and (c) any other person who performs functions under or in fulfilment of the contract. (2) A person to whom this section applies must not, directly or indirectly, record, disclose or make use of any information 20 obtained in the course of performing functions under or in fulfilment of the contract except -- (a) for the purpose of performing functions under or in fulfilment of the contract; (b) as required under another written law; 25 (c) with the written consent of the person to whom the information relates; or (d) in other prescribed circumstances. Penalty: a fine of $10 000 or imprisonment for 12 months. (3) In this section -- 30 "director" has the meaning given to that term in the Commonwealth Corporations Act 2001 section 9. page 24 Chemistry Centre (WA) Bill 2006 General provisions Part 6 s. 35 35. Confidentiality -- reports and other documents (1) A report that must be prepared under the Financial Management Act 2006 Part 5 (and any accompanying document) and any other report or document of the Chemistry Centre that is to be, 5 or might be, made public, must not include client related information or personal information unless each person or organisation to whom the information relates has given consent to including the information. (2) The Chemistry Centre may request the Minister to delete 10 from -- (a) a copy of a report under the Financial Management Act 2006 Part 5 (and any accompanying document) that is to be laid before a House of Parliament or made public; or 15 (b) any other document of the Chemistry Centre that is to be, or might be, made public, information that is of a commercially sensitive nature (but which is not client related information or personal information), and the Minister may, despite the Financial Management 20 Act 2006 section 64 or an obligation, however arising, to make the document public, comply with the request except where the document is to be laid before either House of Parliament by its own order. (3) Subsections (1) and (2) do not apply to the extent to which -- 25 (a) the information is already in the public domain; (b) the information is summary or statistical information that could not reasonably be expected to enable particulars relating to any person to be ascertained; or (c) the disclosure of the information is authorised by each 30 person or organisation to whom it relates. (4) Subsection (2) does not apply to the extent to which disclosure of the information to the Minister is required by another written law. page 25 Chemistry Centre (WA) Bill 2006 Part 6 General provisions s. 36 (5) A copy of a document from which any matter has been deleted must -- (a) contain a statement, at the place in the document where the matter was deleted, detailing the reasons for the 5 deletion; and (b) if the deletion occurred under subsection (2) -- be accompanied by an opinion from the Auditor General stating that the information deleted is commercially sensitive. 10 36. Laying documents before Parliament (1) If a provision of this Act requires the Minister to cause a document to be laid before each House of Parliament, or be dealt with under this section, within a period and -- (a) at the commencement of the period, a House of 15 Parliament is not sitting; and (b) the Minister is of the opinion that the House will not sit during that period, the Minister must transmit a copy of the document to the Clerk of that House. 20 (2) A copy of a document transmitted to the Clerk of a House is to be regarded as having been laid before that House. (3) The laying of a copy of a document that is regarded as having occurred under subsection (2) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day 25 of the House after the Clerk received the copy. 37. Execution of documents by Chemistry Centre (1) The Chemistry Centre is to have a common seal. (2) A document is duly executed by the Chemistry Centre if -- (a) the common seal of the Chemistry Centre is affixed to it 30 in accordance with subsections (3) and (4); or page 26 Chemistry Centre (WA) Bill 2006 General provisions Part 6 s. 38 (b) it is signed on behalf of the Chemistry Centre by a person or persons authorised to do so under subsection (5). (3) The common seal of the Chemistry Centre is not to be affixed to 5 any document except as authorised by the board. (4) The common seal of the Chemistry Centre is to be affixed to a document in the presence of 2 members of the board, who are to sign the document to attest that the common seal was so affixed. (5) The Chemistry Centre may, by writing under its common seal, 10 authorise a member or members of the board or a member or members of staff to sign documents on behalf of the Chemistry Centre, either generally or subject to the conditions or restrictions specified in the authorisation. (6) A document purporting to be executed in accordance with this 15 section is to be presumed to be duly executed unless the contrary is shown. (7) When a document is produced bearing a seal purporting to be the common seal of the Chemistry Centre, it is to be presumed that the seal is the common seal of the Chemistry Centre unless 20 the contrary is shown. 38. Contract formalities (1) In so far as the formalities of making, varying or discharging a contract are concerned, a person acting as authorised by the Chemistry Centre may make, vary or discharge a contract in the 25 name of or on behalf of the Chemistry Centre in the same manner as if that contract were made, varied or discharged by a natural person. (2) The making, variation, or discharge of a contract in accordance with subsection (1) is effectual in law and binds the Chemistry 30 Centre and other parties to the contract. page 27 Chemistry Centre (WA) Bill 2006 Part 6 General provisions s. 39 (3) Subsection (1) does not prevent the Chemistry Centre from making, varying or discharging a contract under its common seal. 39. Protection from liability 5 (1) An action in tort does not lie against a person other than the Chemistry Centre for anything that the person has done, in good faith, in the performance or purported performance of a function under this or any other Act. (2) The protection given by subsection (1) applies even though the 10 thing done as described in that subsection may have been capable of being done whether or not this Act had been enacted. (3) Despite subsection (1), neither the Chemistry Centre nor the Crown is relieved of any liability that it might have for another person having done anything as described in that subsection. 15 (4) In this section, a reference to the doing of anything includes a reference to an omission to do anything. 40. Regulations The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are 20 necessary or convenient to be prescribed for giving effect to the purposes of this Act. 41. Review of Act (1) The Minister is to carry out a review of the operation and effectiveness of this Act as soon as is practicable after -- 25 (a) the fifth anniversary of its commencement; and (b) the expiry of each 5 yearly interval after that anniversary. (2) The Minister is to prepare a report based on the review and, as soon as is practicable after the report is prepared (and in any page 28 Chemistry Centre (WA) Bill 2006 General provisions Part 6 s. 42 event not more than 12 months after the relevant anniversary), cause it to be laid before each House of Parliament. 42. Transitional and savings provisions Schedule 2 has effect. 5 43. Amendments to other Acts Schedule 3 has effect. page 29 Chemistry Centre (WA) Bill 2006 Schedule 1 Constitution and proceedings of the board Division 1 General provisions cl. 1 Schedule 1 -- Constitution and proceedings of the board [s. 7] Division 1 -- General provisions 1. Term of office 5 A member of the board holds office for such term, not exceeding 3 years, as is specified in the instrument of his or her appointment, but may from time to time be re-appointed. 2. Resignation, removal, etc. (1) The office of a member of the board becomes vacant if he or she -- 10 (a) resigns the office by written notice addressed to the Minister; (b) is an insolvent under administration as defined in the Corporations Act 2001 of the Commonwealth; or (c) is removed from office by the Minister under subclause (2). (2) The Minister may remove a member of the board from office if the 15 Minister is satisfied that the member -- (a) has neglected his or her duty; (b) has misbehaved; (c) is incompetent; (d) is suffering from mental or physical incapacity impairing the 20 performance of his or her functions; or (e) has been absent, without leave and reasonable excuse, from 3 consecutive meetings of the board of which the member has had notice. 3. Leave of absence 25 The board may grant leave of absence to a member on such terms and conditions as it thinks fit. 4. Chairperson unable to act If the chairperson is unable to act by reason of sickness, absence or other cause, or during any vacancy in that office, the deputy 30 chairperson is to perform the functions of the chairperson. page 30 Chemistry Centre (WA) Bill 2006 Constitution and proceedings of the board Schedule 1 General provisions Division 1 cl. 5 5. Board member unable to act (1) If a member of the board, other than the chairperson, is unable to act by reason of sickness, absence or other cause, the Minister may appoint another person to act temporarily in his or her place and, 5 while acting in accordance with the appointment, that other person is to be taken to be a member of the board. (2) If the member of the board who is deputy chairperson is performing the functions of the chairperson, the Minister may, under subclause (1), appoint another person to act in his or her place as a 10 member. (3) The appointment of a person under subclause (1) may be terminated at any time by the Minister. 6. Saving No act or omission of a person acting in place of another under 15 clause 4 or 5 is to be questioned on the ground that the occasion for his or her appointment or acting had not arisen or had ceased. 7. Calling of meetings (1) Subject to subclause (2), meetings are to be held at the times and places that the board determines. 20 (2) A special meeting of the board may at any time be convened by the chairperson. (3) The first meeting of the board is to be convened by the chairperson. 8. Presiding officer (1) The chairperson is to preside at all meetings of the board at which he 25 or she is present. (2) If both the chairperson and the deputy chairperson are absent from a meeting the members present are to appoint one of their number to preside. 9. Quorum 30 A quorum for a meeting of the board is at least one half of the number of members. page 31 Chemistry Centre (WA) Bill 2006 Schedule 1 Constitution and proceedings of the board Division 1 General provisions cl. 10 10. Voting (1) At any meeting of the board each member present has a deliberative vote. (2) If the votes cast on a question are equally divided, the person 5 presiding has a casting vote on the question. 11. Minutes The board is to cause accurate minutes to be kept of the proceedings at its meetings. 12. Resolution without meeting 10 (1) A resolution of the board in writing signed by each member of the board, or assented to by each member by letter, telegram, telex, facsimile transmission, email or other similar means, has the same effect as if it had been passed at a meeting. (2) The board must cause a record to be kept of each resolution under 15 subclause (1). 13. Holding meetings remotely The presence of a member at a meeting of the board need not be by attendance in person but may be by that member and each other member at the meeting being simultaneously in contact by telephone 20 or other means of instantaneous communication. 14. Committees (1) The board may appoint committees to assist it in the performance of its functions, and may discharge or alter any committee so appointed. (2) A committee may include persons who are not members of the board. 25 (3) Subject to the directions of the board and to the terms of any delegation under section 14, a committee may determine its own procedures. 15. Board to determine own procedures Subject to this Act, the board is to determine its own procedures. page 32 Chemistry Centre (WA) Bill 2006 Constitution and proceedings of the board Schedule 1 Disclosure of interests etc. Division 2 cl. 16 Division 2 -- Disclosure of interests etc. 16. Disclosure of interests (1) A member of the board who has a material personal interest in a matter being considered or about to be considered by the board must, 5 as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the board. Penalty: a fine of $10 000. (2) A disclosure under subclause (1) is to be recorded in the minutes of 10 the meeting. 17. Voting by interested members A member of the board who has a material personal interest in a matter that is being considered by the board -- (a) must not vote whether at a meeting or otherwise -- 15 (i) on the matter; or (ii) on a proposed resolution under clause 18 in respect of the matter, whether relating to that member or a different member; and 20 (b) must not be present while -- (i) the matter; or (ii) a proposed resolution of the kind referred to in paragraph (a)(ii), is being considered at a meeting. 25 18. Clause 17 may be declared inapplicable Clause 17 does not apply if the board has at any time passed a resolution that -- (a) specifies the member, the interest and the matter; and (b) states that the members voting for the resolution are satisfied 30 that the interest should not disqualify the member from considering or voting on the matter. page 33 Chemistry Centre (WA) Bill 2006 Schedule 1 Constitution and proceedings of the board Division 2 Disclosure of interests etc. cl. 19 19. Quorum where clause 17 applies (1) Despite clause 9, if a member of the board is disqualified under clause 17 in relation to a matter, a quorum is present during the consideration of the matter if at least 3 members are present who are 5 entitled to vote on any motion that may be moved at the meeting in relation to the matter. (2) The Minister may deal with a matter insofar as the board cannot deal with it because of subclause (1). 20. Minister may declare clauses 17 and 19 inapplicable 10 (1) The Minister may by writing declare that clause 17 or 19 or both of them do not apply in relation to a specified matter either generally or in voting on particular resolutions. (2) The Minister must cause a copy of the declaration under subclause (1) to be laid before each House of Parliament, or be dealt with under 15 section 36, within 14 days after a declaration is made. page 34 Chemistry Centre (WA) Bill 2006 Transitional provisions Schedule 2 Interpretation Division 1 cl. 1 Schedule 2 -- Transitional provisions [s. 42] Division 1 -- Interpretation 1. Terms used in this Schedule 5 In this Schedule -- "assets" means property of any kind whether tangible or intangible, real or personal and, without limiting that meaning, includes -- (a) any chose in action; (b) goodwill; 10 (c) any right, interest or claim of any kind, whether arising from, accruing under, created or evidenced by or the subject of, an instrument or otherwise and whether liquidated or unliquidated, actual, contingent or prospective; "Department" means the department of the Public Service known as 15 the Department of Industry and Resources; "liability" means any liability, duty or obligation -- (a) whether actual, contingent or prospective, liquidated or unliquidated; or (b) whether owed alone or jointly or jointly and severally with 20 any other person; "Minister" means the Minister to whom the administration of this Act is committed; "right" means any right, power, privilege or immunity whether actual, contingent or prospective; 25 "transfer order" means an order under clause 2; "transfer time" means the time at which section 4 comes into operation. Division 2 -- Transfer of assets, liabilities, proceedings etc. 2. Minister may make transfer orders 30 (1) To facilitate the transition from the provision of services by that part of the Department known as the Chemistry Centre to services being page 35 Chemistry Centre (WA) Bill 2006 Schedule 2 Transitional provisions Division 2 Transfer of assets, liabilities, proceedings etc. cl. 2 provided by the body established by this Act, the Minister may make and publish in the Gazette a transfer order that -- (a) specifies which assets and liabilities of the State are to be assigned to the Chemistry Centre by operation of clause 3; 5 and (b) specifies any agreement or instrument that, by operation of clause 3, is to have effect as if references to the Chemistry Centre (WA) were substituted, in accordance with the order, for references in it to the State or the Department (however 10 expressed). (2) An asset or liability of the State may be specified in a transfer order if the Minister considers that the asset or liability -- (a) relates to the operations of that part of the Department known as the Chemistry Centre; or 15 (b) is necessary for the performance of the functions of the body established by this Act. (3) A transfer order may also deal with incidental or supplementary matters and has effect accordingly. (4) The transfer order may specify things by reference to schedules 20 which -- (a) need not be published in the Gazette; but (b) must be available for public inspection, and anything specified in a schedule is to be taken to be specified in the order. 25 (5) A thing may be specified in a transfer order by describing the class to which it belongs. (6) Before a transfer order is made specifying anything by reference to a schedule, a copy of which will be required to be delivered to an official under clause 5, the Minister is to consult with the, or each, 30 official as to the form and content of the schedule. (7) A transfer order can only be made before the transfer time. (8) The fact that a previous transfer order has been made does not prevent a further transfer order from being made. page 36 Chemistry Centre (WA) Bill 2006 Transitional provisions Schedule 2 Transfer of assets, liabilities, proceedings etc. Division 2 cl. 3 (9) A transfer order, or a schedule to which it refers, may be amended by the Minister, by further order published in the Gazette, but no such amendment may be made after the transfer time. 3. Consequences of transfer order 5 If a transfer order is made, then -- (a) at the transfer time the assets specified in the transfer order are, by operation of this clause, assigned to the Chemistry Centre and if an asset was previously held on behalf of the State it is assigned to the Chemistry Centre to hold in its own 10 right; (b) at the transfer time the liabilities specified in the transfer order are, by operation of this clause, assigned to and become the liabilities of the Chemistry Centre; (c) any agreement or instrument specified in the order has effect, 15 by operation of this clause, as if references to the Chemistry Centre (WA) were, at the transfer time, substituted, in accordance with the order, for references in it to the State or the Department (however expressed); (d) any proceedings or remedy that might have been commenced 20 by, or available against or to, the State in relation to the assets and liabilities assigned by paragraphs (a) and (b) may be commenced by, or are available against or to, the Chemistry Centre; and (e) anything done or omitted to be done in relation to the assets 25 and liabilities assigned by paragraphs (a) and (b) before the assignment by, to or in respect of the State or the Department (to the extent that that thing has any effect) is to be taken to have been done or omitted by, to or in respect of the Chemistry Centre. 30 4. Department to complete necessary transactions (1) If an asset or liability cannot be properly assigned to the Chemistry Centre by the operation of this Schedule -- (a) the Department is to be taken to continue to hold that asset or be liable for that liability until it is effectively assigned to the 35 Chemistry Centre in accordance with this Schedule; and page 37 Chemistry Centre (WA) Bill 2006 Schedule 2 Transitional provisions Division 2 Transfer of assets, liabilities, proceedings etc. cl. 5 (b) the Department is to take all practicable steps for the purpose of ensuring that the asset or liability is effectively assigned to the Chemistry Centre in accordance with this Schedule. (2) The fact that subclause (1)(a) applies to an asset or liability that is 5 assigned to the Chemistry Centre under this Schedule does not affect the duty of the accountable authority of the Chemistry Centre under the Financial Management Act 2006. 5. Registration of documents (1) The Minister is to cause a copy of each transfer order, and any 10 schedule to which it refers, to be delivered to each official having responsibility for a register relating to property of a kind affected by the transfer order. (2) The officials are to take notice of this Schedule and any transfer order, including a schedule to which the order refers, and are to record and 15 register in the appropriate manner the documents necessary to show the effect of the transfer order and this Schedule. (3) In this clause -- "official" means -- (c) the Registrar of Titles; 20 (d) the Minister administering the Mining Act 1978; or (e) any other person authorised by a written law to record and give effect to the registration of documents relating to property transactions. 6. Exemption from State taxes 25 (1) State tax is not payable in relation to -- (a) anything that occurs by the operation of this Schedule; or (b) anything done (including a transaction entered into or an instrument or document of any kind made, executed, lodged or given) under this Schedule, or to give effect to this 30 Schedule, or for a purpose connected with or arising out of giving effect to this Schedule. page 38 Chemistry Centre (WA) Bill 2006 Transitional provisions Schedule 2 Transfer of assets, liabilities, proceedings etc. Division 2 cl. 7 (2) The Minister may certify in writing that -- (a) a specified thing occurred by the operation of this Schedule; or (b) a specified thing was done under this Schedule, or to give 5 effect to this Schedule, or for a purpose connected with or arising out of giving effect to this Schedule. (3) For all purposes and in all proceedings, a certificate under subclause (2) is sufficient evidence of the matters it certifies, except so far as the contrary is shown. 10 (4) In this clause -- "State tax" includes stamp duty chargeable under the Stamp Act 1921 and any other tax under a written law. 7. Rectifying error in transfer order (1) The Minister may, by order published in the Gazette, make any 15 provision that is necessary to correct any error in a transfer order or a schedule to which a transfer order refers. (2) An order under this section may be made so as to have effect from the transfer time. (3) To the extent that a provision of an order under this clause has effect 20 before the day of its publication in the Gazette, clause 3 does not, as a result of that provision, operate so as -- (a) to affect, in a manner prejudicial to any person (other than the State, the Chemistry Centre or any other authority, agency or instrumentality of the State), the rights of that person existing 25 before the day of its publication; or (b) to impose liabilities on any person (other than the State, the Chemistry Centre or any other authority, agency or instrumentality of the State), in respect of anything done or omitted to be done before the day of publication. page 39 Chemistry Centre (WA) Bill 2006 Schedule 2 Transitional provisions Division 3 Continuing effect of things done cl. 8 Division 3 -- Continuing effect of things done 8. Terms used in this Division (1) In this Division -- "new Chemistry Centre" means the body established by this Act. 5 (2) In this Division, a reference to a thing done or omitted to be done by, to or in respect of the old Chemistry Centre is to be read as a reference to the thing being done or omitted to be done by, to or in respect of the State, before the transfer time, via or by reference to that part of the Department known as the Chemistry Centre. 10 9. Completion of things commenced Anything commenced to be done by the old Chemistry Centre before the transfer time may be continued by the new Chemistry Centre so far as the doing of that thing is within the functions of the new Chemistry Centre. 15 10. Continuing effect of references and things done generally (1) Unless the contrary intention appears or the context otherwise requires, a reference to the Chemistry Centre (however expressed) in any agreement or instrument made before the transfer time is to be taken, after the transfer time, to be a reference to the new Chemistry 20 Centre. (2) Any act, matter or thing done or omitted to be done before the transfer time by, to or in respect of the old Chemistry Centre, to the extent that that act, matter or thing -- (a) has any force or significance after the transfer time; and 25 (b) is not governed by another provision of this Schedule, is to be taken, after the transfer time, to have been done or omitted by, to or in respect of the new Chemistry Centre. page 40 Chemistry Centre (WA) Bill 2006 Transitional provisions Schedule 2 Miscellaneous transitional provisions Division 4 cl. 11 Division 4 -- Miscellaneous transitional provisions 11. Relevant amount for the purposes of section 12 For the period before the Chemistry Centre submits its first annual report under the Financial Management Act 2006 Part 5, 5 section 12(3)(b)(i) of this Act is to be taken to refer to the amount of $200 000. 12. Further transitional provision may be made (1) If there is not sufficient provision in this Schedule for any matter or thing necessary or convenient to give effect to the transition from the 10 provision of services by that part of the Department known as the Chemistry Centre to services being provided by the new Chemistry Centre, the regulations may make that provision. (2) The regulations may be made so as to have effect from the transfer time. 15 (3) To the extent that a provision of the regulations has effect on a day that is earlier than the day of its publication in the Gazette, the provision does not operate so as -- (a) to affect, in a manner prejudicial to any person (other than the State, the Chemistry Centre or any other authority, agency or 20 instrumentality of the State), the rights of that person existing before the day of its publication; or (b) to impose liabilities on any person (other than the State, the Chemistry Centre or any other authority, agency or instrumentality of the State), in respect of anything done or 25 omitted to be done before the day of publication. 13. Saving The operation of any provision of this Schedule is not to be regarded -- (a) as a breach of contract or confidence or otherwise as a civil 30 wrong; (b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities or the disclosure of information; page 41 Chemistry Centre (WA) Bill 2006 Schedule 2 Transitional provisions Division 4 Miscellaneous transitional provisions cl. 13 (c) as giving rise to any remedy by a party to an instrument or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset or liability; 5 (d) as causing any contract or instrument to be void or otherwise unenforceable; or (e) as releasing or allowing the release of any surety. page 42 Chemistry Centre (WA) Bill 2006 Amendment of other written laws Schedule 3 cl. 1 Schedule 3 -- Amendment of other written laws [s. 43] 1. Constitution Acts Amendment Act 1899 amended (1) The amendment in this clause is to the Constitution Acts Amendment 5 Act 1899*. [* Reprint 13 as at 18 March 2005. For subsequent amendments see Acts Nos. 20, 34, 53, 59, 70 and 75 of 2004 and 1, 2 and 24 of 2005.] (2) Schedule V Part 3 is amended by inserting before the item relating to 10 the Chicken Meat Industry Committee the following item -- " The Chemistry Centre (WA) established by the Chemistry Centre (WA) Act 2006. ". 15 2. Financial Management Act 2006 amended (1) The amendment in this clause is to the Financial Management Act 2006*. [* Act No. 76 of 2006. For subsequent amendments see Act No. 77 of 2006.] 20 (2) Schedule 1 is amended by inserting the following item in the appropriate alphabetical position -- " Chemistry Centre (WA) ". 3. Public Sector Management Act 1994 amended (1) The amendment in this clause is to the Public Sector Management 25 Act 1994*. [* Reprint 6 as at 14 May 2004. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 368 and Act No. 5 of 2005.] page 43 Chemistry Centre (WA) Bill 2006 Schedule 3 Amendment of other written laws cl. 4 (2) Schedule 2 is amended by inserting after item 3D the following item -- " 3E Chemistry Centre (WA), established by the Chemistry Centre (WA) Act 2006 ". 5 4. Statutory Corporations (Liability of Directors) Act 1996 amended (1) The amendment in this clause is to the Statutory Corporations (Liability of Directors) Act 1996*. [* Reprint 3 as at 7 November 2003. For subsequent amendments see Western Australian Legislation 10 Information Tables for 2004, Table 1, p. 431 and Act No. 20 of 2004.] (2) Schedule 1 is amended by inserting after the item relating to the Busselton Water Board the following item -- " Chemistry Centre a member of the Chemistry Centre (WA) Board (WA) Act 2006 15 ". 5. Various references to Director of the Chemistry Centre changed to chief executive officer of the Chemistry Centre Each provision listed in the Table to this clause is amended by deleting "Director" in each place where it occurs and inserting 20 instead -- " chief executive officer ". Table Fluoridation of Public Water s. 5(2)(d) Supplies Act 1966 s. 15(3) Health Act 1911 s. 246B(2)(b) Poisons Act 1964 s. 8(2)(aa) page 44 Chemistry Centre (WA) Bill 2006 Amendment of other written laws Schedule 3 cl. 6 Road Traffic Act 1974 s. 65 definitions of "analyst", "authorised person" and "drug analyst" s. 70(2), (3b) and (3c) s. 72(3) 6. State Superannuation Regulations 2001 amended (1) The amendments in this clause are to the State Superannuation Regulations 2001*. [* Reprint 2 as at 2 September 2005.] 5 (2) Schedule 1 Division 1 is amended by deleting item 7. (3) Schedule 1 Division 2 is amended by inserting after item 6 the following item -- " 6a. Chemistry Centre (WA) established by the Chemistry Centre 10 (WA) Act 2006 ". page 45 Chemistry Centre (WA) Bill 2006 Defined Terms Defined Terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined Term Provision(s) account ....................................................................................................... 3(1) acquire .......................................................................................................11(5) assets ...............................................................................................Sch. 2, cl. 1 board........................................................................................................... 3(1) business concern.........................................................................................11(5) chairperson.................................................................................................. 3(1) Chemistry Centre ........................................................................................ 3(1) chief executive officer ................................................................................. 3(1) client related information............................................................................. 3(1) committee ................................................................................................... 3(1) Department ......................................................................................Sch. 2, cl. 1 director ......................................................................................................33(3) dispose of...................................................................................................11(5) document ...................................................................................................23(5) employing authority ...................................................................................18(4) government agency...................................................................................... 3(1) information ................................................................................................23(5) liability ............................................................................................Sch. 2, cl. 1 member of staff ........................................................................................... 3(1) member of the board.................................................................................... 3(1) Minister ...........................................................................................Sch. 2, cl. 1 new Chemistry Centre ................................................................. Sch. 2, cl. 8(1) official ........................................................................................ Sch. 2, cl. 5(3) participate in ..............................................................................................11(5) personal information.................................................................................... 3(1) private client ............................................................................................... 3(1) Public Service ............................................................................................18(4) right .................................................................................................Sch. 2, cl. 1 State tax ...................................................................................... Sch. 2, cl. 6(4) subsidiary.................................................................................................... 3(1) transaction..................................................................................................12(4) transfer order....................................................................................Sch. 2, cl. 1 transfer time .....................................................................................Sch. 2, cl. 1
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