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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Licensing and Other Authorisations
Amendment Bill 2016
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Electricity Industry Act 2004
amended
Division 1 -- Principal amendments to
Electricity Industry Act 2004
3. Act amended 3
4. Section 3 amended 3
5. Section 4 amended 3
6. Section 7 amended 3
7. Section 8 amended 4
8. Section 14 amended 4
9. Section 36 amended 4
10. Section 40 amended 4
11. Section 41 amended 5
12. Section 42 amended 7
13. Section 43 amended 7
14. Schedule 1 amended 7
Division 2 -- Amendment consequential on
Division 1
15. Act amended 8
16. Section 3 amended 8
Part 3 -- Gaming and Wagering
Commission Act 1987 amended
17. Act amended 9
213--1 page i
Licensing and Other Authorisations Amendment Bill 2016
Contents
18. Section 101 amended 9
Part 4 -- Security and Related
Activities (Control) Act 1996
amended
19. Act amended 10
20. Section 47 amended 10
Part 5 -- Transport Co-ordination
Act 1966 amended
21. Act amended 11
22. Section 33 amended 11
23. Section 60 amended 12
24. First Schedule amended 12
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Licensing and Other Authorisations
Amendment Bill 2016
A Bill for
An Act to amend the following Acts to clarify or remove certain
requirements relating to licensing and other authorisations --
• the Electricity Industry Act 2004;
• the Gaming and Wagering Commission Act 1987;
• the Security and Related Activities (Control) Act 1996;
• the Transport Co-ordination Act 1966.
The Parliament of Western Australia enacts as follows:
page 1
Licensing and Other Authorisations Amendment Bill 2016
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Licensing and Other Authorisations Amendment
4 Act 2016.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) Part 3 -- on the day after that day;
10 (c) the rest of the Act -- on a day fixed by proclamation,
11 and different days may be fixed for different provisions.
page 2
Licensing and Other Authorisations Amendment Bill 2016
Electricity Industry Act 2004 amended Part 2
Principal amendments to Electricity Industry Act 2004 Division 1
s. 3
1 Part 2 -- Electricity Industry Act 2004 amended
2 Division 1 -- Principal amendments to Electricity Industry
3 Act 2004
4 3. Act amended
5 This Division amends the Electricity Industry Act 2004.
6 4. Section 3 amended
7 (1) In section 3 delete the definition of generation licence.
8 (2) In section 3 insert in alphabetical order:
9
10 generating works operator means a person who does
11 either or both of the following --
12 (a) constructs one or more generating works;
13 (b) operates one or more generating works;
14
15 (3) In section 3 in the definition of licence delete paragraph (a).
16 5. Section 4 amended
17 In section 4(1):
18 (a) delete paragraph (a);
19 (b) in paragraph (e) delete "paragraphs (a)" and insert:
20
21 paragraphs (b)
22
23 6. Section 7 amended
24 (1) Delete section 7(1).
page 3
Licensing and Other Authorisations Amendment Bill 2016
Part 2 Electricity Industry Act 2004 amended
Division 1 Principal amendments to Electricity Industry Act 2004
s. 7
1 (2) In section 7(5):
2 (a) delete "subsection (1), (2) or (3) if the generating
3 works," and insert:
4
5 subsection (2) or (3) if the
6
7 (b) in paragraph (a) delete "works or".
8 (3) Delete section 7(6).
9 7. Section 8 amended
10 In section 8(1) delete "section 7(1)" and insert:
11
12 section 7(2)
13
14 8. Section 14 amended
15 In section 14(2) delete "generating works,".
16 9. Section 36 amended
17 In section 36(1):
18 (a) in paragraph (a) delete "generating works,";
19 (b) in paragraph (b) delete "works or".
20 10. Section 40 amended
21 (1) In section 40(1) delete the definition of relevant interest and
22 insert:
23
24 relevant interest, in relation to a licensee or generating
25 works operator, means a lease, easement, licence or
26 other authority necessary or expedient to enable --
27 (a) the licensee to construct, alter, operate or
28 maintain a transmission system or a distribution
29 system, as the case may be; or
page 4
Licensing and Other Authorisations Amendment Bill 2016
Electricity Industry Act 2004 amended Part 2
Principal amendments to Electricity Industry Act 2004 Division 1
s. 11
1 (b) the generating works operator to construct,
2 alter, operate or maintain generating works.
3
4 (2) In section 40(2):
5 (a) delete "a licensee," and insert:
6
7 a licensee or generating works operator,
8
9 (b) delete "the licensee," and insert:
10
11 the licensee or, as the case may be, the generating works
12 operator,
13
14 11. Section 41 amended
15 (1) Delete section 41(1) and insert:
16
17 (1) An interest in land or easement over land may be taken
18 under the Land Administration Act 1997 Part 9 as if for
19 a public work within the meaning of that Act for the
20 purpose of enabling --
21 (a) a licensee to supply electricity as authorised by
22 a licence; or
23 (b) a generating works operator to construct, alter,
24 operate or maintain generating works.
25
26 (2) Delete section 41(3) and insert:
27
28 (3) The Minister administering this Act must advise a
29 licensee or generating works operator if the Minister is
page 5
Licensing and Other Authorisations Amendment Bill 2016
Part 2 Electricity Industry Act 2004 amended
Division 1 Principal amendments to Electricity Industry Act 2004
s. 11
1 of the opinion that an interest in land or easement over
2 land is appropriate to --
3 (a) the licensee's needs in respect of --
4 (i) a transmission system operating at
5 200 kV or higher; or
6 (ii) any other electricity transmission
7 system of a prescribed kind;
8 or
9 (b) the generating works operator's needs in
10 respect of generating works being constructed,
11 altered, operated or maintained by that
12 operator.
13 (3A) A licensee or generating works operator who is advised
14 of the Minister's opinion under subsection (3) in
15 respect of an interest in land or easement over land is
16 required to acquire that interest or easement where
17 practicable by agreement but otherwise by taking it
18 under the Land Administration Act 1997 Part 9 as if for
19 a public work within the meaning of that Act.
20
21 (3) In section 41(4) delete "subsection (3)" and insert:
22
23 subsection (3A)
24
25 (4) In section 41(5) delete "subsection (3)" and insert:
26
27 subsection (3A)
28
29 (5) In section 41(6):
30 (a) in paragraph (a) delete "licensee; and" and insert:
31
32 licensee or the generating works operator; and
33
page 6
Licensing and Other Authorisations Amendment Bill 2016
Electricity Industry Act 2004 amended Part 2
Principal amendments to Electricity Industry Act 2004 Division 1
s. 12
1 (b) in paragraph (b) delete "licensee" and insert:
2
3 licensee or the generating works operator
4
5 Note: The heading to amended section 41 is to read:
6 Taking of interest or easement
7 12. Section 42 amended
8 In section 42(1) delete "licensee." and insert:
9
10 licensee or the generating works operator.
11
12 13. Section 43 amended
13 (1) In section 43(1) delete "licensee." and insert:
14
15 licensee or the generating works operator.
16
17 (2) In section 43(2) delete "licensee" and insert:
18
19 licensee or the generating works operator
20
21 14. Schedule 1 amended
22 In Schedule 1 clause 1:
23 (a) delete paragraph (a);
24 (b) in paragraph (b) delete "a generation licence,";
25 (c) in paragraph (r) delete "generating works,".
page 7
Licensing and Other Authorisations Amendment Bill 2016
Part 2 Electricity Industry Act 2004 amended
Division 2 Amendment consequential on Division 1
s. 15
1 Division 2 -- Amendment consequential on Division 1
2 15. Act amended
3 This Division amends the Energy Safety Act 2006.
4 16. Section 3 amended
5 In section 3(1) in the definition of energy industry participant
6 delete paragraph (a) and insert:
7
8 (a) a generating works operator as defined in the
9 Electricity Industry Act 2004 section 3;
10
page 8
Licensing and Other Authorisations Amendment Bill 2016
Gaming and Wagering Commission Act 1987 amended Part 3
s. 17
1 Part 3 -- Gaming and Wagering Commission Act 1987
2 amended
3 17. Act amended
4 This Part amends the Gaming and Wagering Commission
5 Act 1987.
6 18. Section 101 amended
7 (1) In section 101(1) delete the definition of foreign lottery.
8 (2) In section 101(1) in the definition of unlawful lottery delete
9 "unlawful, and includes a foreign lottery conducted in the
10 State." and insert:
11
12 unlawful.
13
page 9
Licensing and Other Authorisations Amendment Bill 2016
Part 4 Security and Related Activities (Control) Act 1996 amended
s. 19
1 Part 4 -- Security and Related Activities (Control)
2 Act 1996 amended
3 19. Act amended
4 This Part amends the Security and Related Activities (Control)
5 Act 1996.
6 20. Section 47 amended
7 Delete section 47(1)(c).
page 10
Licensing and Other Authorisations Amendment Bill 2016
Transport Co-ordination Act 1966 amended Part 5
s. 21
1 Part 5 -- Transport Co-ordination Act 1966 amended
2 21. Act amended
3 This Part amends the Transport Co-ordination Act 1966.
4 22. Section 33 amended
5 (1) After section 33(1) insert:
6
7 (1A) A licence is not required under this Part in respect of a
8 commercial goods vehicle unless it is of a class
9 specified in regulations made under section 60(2)(fa) as
10 being a class of commercial goods vehicles that must
11 be licensed.
12
13 (2) In section 33 delete subsections (2) and (4) and insert:
14
15 (2) Even if a commercial goods vehicle is of a class
16 specified in regulations made under section 60(2)(fa) as
17 being a class of commercial goods vehicles that must
18 be licensed under this Part, a licence is not required in
19 respect of that vehicle if it --
20 (a) is operated solely in the area within 35 km of
21 the General Post Office, Perth; or
22 (b) is operated solely within 35 km of the place of
23 business of the owner; or
24 (c) is being used otherwise than on a road; or
25 (d) is being used solely for any carriage specified
26 in the First Schedule.
27 (3) In section 33(5) delete "subsection (4)," and insert:
28
29 subsection (2)(d),
30
page 11
Licensing and Other Authorisations Amendment Bill 2016
Part 5 Transport Co-ordination Act 1966 amended
s. 23
1 (4) In section 33(6) delete "subsection 4" and insert:
2
3 subsection (2)(d)
4
5 23. Section 60 amended
6 After section 60(2)(f) insert:
7
8 (fa) specifying one or more classes of commercial
9 goods vehicles as vehicles that must be licensed
10 under Part III; and
11 24. First Schedule amended
12 Delete the reference after the heading to the First Schedule and
13 insert:
14
15 [s. 33(2)(d)]
16
17
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