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


MACHINERY OF GOVERNMENT (MISCELLANEOUS AMENDMENTS) BILL 2005

                         Western Australia

     Machinery of Government (Miscellaneous
             Amendments) Bill 2005
                            CONTENTS

         Part 1 -- Preliminary
1.       Short title                                             2
2.       Commencement                                            2
3.       Interpretation                                          2
4.       Regulations -- power to amend certain statutory rules    2
5.       Regulations -- general                                   2
         Part 2 -- Agriculture and Forestry
         Division 1 --  Agricultural Produce Commission
               Act 1988
6.       The Act amended                                         3
7.       Section 7 amended                                       3
         Division 2 -- Agriculture and Related Resources

               Protection Act 1976
8.       The Act amended                                         3
9.       Section 65 amended                                      3
10.      Section 94 amended                                      4
         Division 3 -- Cattle Industry Compensation

               Act 1965
11.      The Act amended                                         4
12.      Section 21 amended                                      4
         Division 4 -- Forest Products Act 2000

13.      The Act amended                                         4
14.      Section 3 amended                                       5
15.      Section 6 amended                                       5
16.      Section 10 amended                                      5
17.      Section 42 amended                                      6

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   18.     Section 57 amended                                    6
   19.     Section 59 amended                                    6
   20.     Various references to Executive Director changed to
           CALM Act CEO                                          6
           Division 5 -- Marketing of Potatoes Act 1946

   21.     The Act amended                                       7
   22.     Section 22B amended                                   7
           Division 6 -- Plant Pests and Diseases (Eradication

                 Funds) Act 1974
   23.     The Act amended                                       7
   24.     Sections 5 and 8A amended                             8
           Division 7 -- Soil and Land Conservation Act 1945

   25.     The Act amended                                       8
   26.     Section 4 amended                                     8
   27.     Section 25C amended                                   8
           Division 8 -- Tree Plantation Agreements Act 2003

   28.     The Act amended                                       8
   29.     Section 4 amended                                     9
           Part 3 -- Attorney General, and Justice
           Division 1 --  Bail Act 1982
   30.     The Act amended                                       10
   31.     Section 3 amended                                     10
   32.     Section 66A amended                                   11
   33.     Various references to CEO (Justice) changed to CEO    11
           Division 2 -- Evidence Act 1906

   34.     The Act amended                                       11
   35.     Section 61 amended                                    12
   36.     Section 106A amended                                  12
   37.     The Fifth Schedule amended                            12
           Division 3 -- Juries Act 1957

   38.     The Act amended                                       13
   39.     Second Schedule amended                               13
           Division 4 -- Professional Standards Act 1997

   40.     The Act amended                                       14
   41.     Section 16 amended                                    14
           Division 5 -- Spent Convictions Act 1988

   42.     The Act amended                                       14

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43.     Schedule 3 amended                                    14
        Division 6 -- Statutory Corporations (Liability of

              Directors) Act 1996
44.     The Act amended                                       15
45.     Schedule 1 amended                                    15
        Division 7 -- Suitors' Fund Act 1964

46.     The Act amended                                       15
47.     Section 4 amended                                     15
        Part 4 -- Consumer and Employment
             Protection
        Division 1 -- Associations Incorporation Act 1987
48.     The Act amended                                       17
49.     Section 3 amended                                     17
50.     Sections 39A to 39E inserted                          18
        Division 2 -- Builders' Registration Act 1939
51.     The Act amended                                       20
52.     Section 4A amended                                    20
53.     Section 37 amended                                    21
        Division 3 -- Business Names Act 1962
54.     The Act amended                                       21
55.     Section 4 amended                                     21
56.     Section 4AA inserted                                  22
57.     Sections 31A to 31D inserted                          22
        Division 4 -- Chattel Securities Act 1987
58.     The Act amended                                       24
59.     Section 3 amended                                     25
60.     Section 3A inserted                                   25
61.     Heading to Part IV inserted                           26
62.     Sections 30A to 30D inserted                          26
        Division 5 -- Companies (Co-operative) Act 1943
63.     The Act amended                                       28
64.     Section 3 amended                                     28
65.     Division 1A inserted                                  29
66.     Section 391 repealed and consequential amendments     31
        Division 6 -- Competition Policy Reform (Western
              Australia) Act 1996
67.     The Act amended                                       31

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   68.     Section 45 amended                                  31
   69.     Division 5 inserted                                 32
           Division 7 -- Consumer Affairs Act 1971
   70.     The Act amended                                     34
   71.     Long title amended                                  34
   72.     Section 4 amended                                   35
   73.     Section 5 amended                                   35
   74.     Heading to Part III replaced                        35
   75.     Sections 15 to 17 replaced                          35
   76.     Section 23 replaced                                 38
   77.     Section 24 replaced                                 39
   78.     Section 25 amended                                  40
           Division 8 -- Co-operative and Provident Societies
                 Act 1903
   79.     The Act amended                                     41
   80.     Section 2 amended                                   41
   81.     Sections 67 to 71 inserted                          42
           Division 9 -- Credit Act 1984
   82.     The Act amended                                     44
   83.     Section 5 amended                                   44
           Division 10 -- Credit (Administration) Act 1984
   84.     The Act amended                                     45
   85.     Section 4 amended                                   45
   86.     Section 10 amended                                  46
   87.     Section 53 replaced                                 46
   88.     Section 54 amended                                  47
   89.     Section 56 amended                                  48
   90.     Section 56A inserted                                49
           Division 11 -- Employment Agents Act 1976
   91.     The Act amended                                     50
   92.     Section 4 amended                                   50
   93.     Section 9A inserted                                 51
   94.     Section 48 replaced                                 51
   95.     Section 49A inserted                                53
           Division 12 -- Fair Trading Act 1987
   96.     The Act amended                                     53
   97.     Section 5 amended                                   53
   98.     Section 73 amended                                  54
   99.     Section 75 amended                                  54

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         Division 13 -- Hire-Purchase Act 1959
100.     The Act amended                                       54
101.     Section 2 amended                                     54
102.     Section 23W replaced                                  55
103.     Section 36C replaced                                  56
         Division 14 -- Limited Partnerships Act 1909
104.     The Act amended                                       56
105.     Section 15 replaced                                   57
         Division 15 -- Motor Vehicle Dealers Act 1973
106.     The Act amended                                       57
107.     Section 5 amended                                     58
108.     Section 5AA inserted                                  58
109.     Section 6 amended                                     59
         Division 16 -- Motor Vehicle Repairers Act 2003
110.     The Act amended                                       59
111.     Section 3 amended                                     60
112.     Section 7 replaced                                    60
         Division 17 -- Petroleum Products Pricing Act 1983
113.     The Act amended                                       60
114.     Section 3 amended                                     61
115.     Section 5 replaced                                    61
116.     Section 7 amended                                     62
117.     Section 23 amended                                    62
118.     Section 24 amended                                    63
119.     Section 26 amended                                    63
120.     Section 27A amended                                   63
121.     Section 27B amended                                   63
122.     Section 28 amended                                    64
123.     Section 29 amended                                    64
124.     Section 31 amended                                    64
125.     Section 31H amended                                   64
126.     Sections 32A to 32C inserted                          65
127.     Section 33 amended                                    66
         Division 18 -- Petroleum Retailers Rights and
               Liabilities Act 1982
128.     The Act amended                                       67
129.     Section 3 amended                                     67



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           Division 19 -- Real Estate and Business Agents
                 Act 1978
   130.    The Act amended                                       67
   131.    Sections 131H and 131K amended                        68
           Division 20 -- Residential Tenancies Act 1987
   132.    The Act amended                                       68
   133.    Section 3 amended                                     68
   134.    Section 7A inserted                                   69
   135.    Section 8 amended                                     69
   136.    Sections 11A and 11B inserted                         70
   137.    Schedule 1 amended                                    71
           Division 21 -- Retirement Villages Act 1992
   138.    The Act amended                                       71
   139.    Section 3 amended                                     71
   140.    Section 7A inserted                                   72
   141.    Section 8 amended                                     72
   142.    Sections 11A and 11B inserted                         73
   143.    Sections 57 and 58 amended                            74
   144.    Section 78 repealed                                   74
           Division 22 -- Travel Agents Act 1985
   145.    The Act amended                                       74
   146.    Section 3 amended                                     74
   147.    Section 49A inserted                                  75
   148.    Section 50 amended                                    75
   149.    Section 50A inserted                                  76
   150.    Section 52 amended                                    76
           Division 23 -- Transitional provisions
   151.    Commissioner for Fair Trading                         77
   152.    Commissioner for Corporate Affairs and Registrar of
           Co-operative and Financial Institutions               79
   153.    Consumer Affairs Act 1971                             80
   154.    Petroleum Products Pricing Act 1983                   80
   155.    Interpretation                                        80
           Part 5 -- Disability Services, and Sport
                and Recreation
           Division 1 -- Disability Services Act 1993
   156.    The Act amended                                       81
   157.    Section 15 amended                                    81

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158.     Section 30 amended                                       81
         Division 2 -- Professional Combat Sports Act 1987
159.     The Act amended                                          81
160.     Section 12 amended                                       82
         Division 3 -- Western Australian Sports Centre
               Trust Act 1986
161.     The Act amended                                          82
162.     Section 15 amended                                       82
         Part 6 -- Energy
         Division 1 -- Electricity Act 1945
163.     The Act amended                                          83
164.     Section 5 amended                                        83
165.     Section 32 amended                                       84
         Division 2 -- Energy Coordination Act 1994
166.     The Act amended                                          84
167.     Section 3 amended                                        84
168.     Part 1A inserted                                         86
169.     Heading to Part 2 amended                                89
170.     Sections 4 and 6 repealed                                89
171.     Section 8 amended                                        89
172.     Section 9 amended                                        90
173.     Section 10 amended                                       90
174.     Section 11 amended                                       90
175.     Section 11ZK amended                                     90
176.     Section 12 amended                                       90
177.     Section 13 amended                                       90
178.     Section 19 amended                                       91
179.     Heading to Part 4 replaced and heading to Division 1
         inserted                                                 91
180.     Heading to Division 2 inserted                           91
181.     Various references to Coordinator in Schedule 3
         changed to Minister                                      91
         Part 7 -- Environment
         Division 1 -- Conservation and Land Management
               Act 1984
182.     The Act amended                                          93
183.     Section 3 amended                                        93

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   184.     Section 15 amended                                     94
   185.     Section 16A amended                                    94
   186.     Section 17 amended                                     94
   187.     Section 17A amended                                    94
   188.     Section 22 amended                                     94
   189.     Section 23 amended                                     95
   190.     Section 26D amended                                    95
   191.     Headings to Part IV and Division 1 replaced            95
   192.     Section 32 repealed                                    95
   193.     Section 33 amended                                     96
   194.     Section 34 repealed                                    96
   195.     Section 34A amended                                    96
   196.     Section 34B amended                                    97
   197.     Part IV Division 2 replaced                            97
   198.     Section 42 repealed                                    99
   199.     Section 49 amended                                     99
   200.     Section 50 amended                                     99
   201.     Section 64 amended                                    100
   202.     Section 65 amended                                    100
   203.     Section 71 amended                                    100
   204.     Section 72 amended                                    100
   205.     Section 75 amended                                    100
   206.     Section 133 amended                                   100
   207.     Section 142 amended                                   101
   208.     Various references to Department changed to CEO       101
   209.     Various references to Executive Director changed to
            CEO                                                   101
            Division 2 -- Environmental Protection Act 1986
   210.     The Act amended                                       103
   211.     Section 110H amended                                  103
            Division 3 -- Litter Act 1979
   212.     The Act amended                                       103
   213.     Section 9 amended                                     104
   214.     Sections 15 and 16 amended                            104
   215.     Section 26 amended                                    104
   216.     Third Schedule amended                                105
            Division 4 -- Sandalwood Act 1929
   217.     The Act amended                                       106
   218.     Section 3 amended                                     106


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         Division 5 -- Wildlife Conservation Act 1950
219.     The Act amended                                        106
220.     Section 6 amended                                      106
221.     Various references to Executive Director changed to
         CEO                                                    107
         Division 6 -- Zoological Parks Authority Act 2001
222.     The Act amended                                        107
223.     Section 33 amended                                     107
         Division 7 -- Transitional provisions
224.     Conservation and Land Management Act 1984              108
         Part 8 -- Fisheries
         Division 1 -- Fisheries Adjustment Schemes
               Act 1987
225.     The Act amended                                        110
226.     Section 5 amended                                      110
227.     Section 10 amended                                     110
228.     Various references to Executive Director changed to
         CEO                                                    110
         Division 2 -- Fishing and Related Industries
               Compensation (Marine Reserves) Act 1997
229.     The Act amended                                        111
230.     Section 5 amended                                      111
         Division 3 -- Fish Resources Management Act 1994
231.     The Act amended                                        111
232.     Section 4 amended                                      112
233.     Section 10 repealed                                    112
234.     Section 238 amended                                    112
235.     Sections 239, 241 and 242 amended                      112
236.     Various references to Executive Director changed to
         CEO                                                    112
         Division 4 -- Pearling Act 1990
237.     The Act amended                                        114
238.     Section 3 amended                                      114
239.     Section 35 amended                                     115
240.     Section 62A inserted                                   115
241.     Various references to Executive Director changed to
         CEO                                                    116


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           Division 5 -- Transitional provisions
  242.     References to the Executive Director                116
           Part 9 -- Health
           Division 1 -- Dental Prosthetists Act 1985
  243.     The Act amended                                     118
  244.     Section 3 amended                                   118
  245.     Section 5 amended                                   118
  246.     Sections 19A and 30A amended                        119
  247.     Various references to Commissioner changed to CEO   119
           Division 2 -- Health Act 1911
  248.     The Act amended                                     119
  249.     Section 3 amended                                   120
  250.     Heading to Part II Division 1 amended               120
  251.     Various references to Commissioner changed to CEO   120
           Division 3 -- Health Legislation Administration
                 Act 1984
  252.     The Act amended                                     121
  253.     Section 3 amended                                   121
  254.     Section 6 amended                                   121
  255.     Section 9 amended                                   121
           Division 4 -- Health Services (Conciliation and
                 Review) Act 1995
  256.     The Act amended                                     122
  257.     Section 3 amended                                   122
  258.     Section 13 amended                                  123
  259.     Section 25 amended                                  123
           Division 5 -- Hospital Fund Act 1930
  260.     The Act amended                                     123
  261.     Section 3 amended                                   123
           Division 6 -- Hospitals and Health Services
                 Act 1927
  262.     The Act amended                                     123
  263.     Section 2 amended                                   124
  264.     Various references to Commissioner changed to CEO   124
           Division 7 -- Human Reproductive Technology
                 Act 1991
  265.     The Act amended                                     125

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266.     Section 3 amended                                    125
267.     Section 13 amended                                   126
268.     Section 37 amended                                   126
269.     Sections 53ZC and 53ZI amended                       126
270.     Various references to Commissioner of Health
         changed to CEO                                       126
         Division 8 -- Medical Act 1894
271.     The Act amended                                      128
272.     Section 4 amended                                    128
         Division 9 -- Mental Health Act 1996
273.     The Act amended                                      128
274.     Section 3 amended                                    129
275.     Various references to Commissioner changed to CEO    129
         Division 10 -- Nurses Act 1992
276.     The Act amended                                      129
277.     Section 4 amended                                    130
278.     Section 9 amended                                    130
         Division 11 -- Poisons Act 1964
279.     The Act amended                                      130
280.     Section 5 amended                                    131
281.     Section 55E amended                                  131
282.     Various references to Commissioner of Health
         changed to CEO                                       131
         Division 12 -- Tobacco Control Act 1990
283.     The Act amended                                      132
284.     Section 4 amended                                    132
285.     Section 17 amended                                   133
286.     Section 19 amended                                   133
287.     Section 26 amended                                   133
288.     Section 29 amended                                   133
         Division 13 -- Transitional provisions
289.     Commissioner of Health                               133
         Part 10 -- Housing and Works, and
              Heritage
         Division 1 -- Country Housing Act 1998
290.     The Act amended                                      135
291.     Section 9A inserted                                  135

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   292.    Section 11 amended                                  135
   293.    Section 13 amended                                  135
   294.    Section 15 amended                                  136
           Division 2 -- Government Employees' Housing
                  Act 1964
   295.    The Act amended                                     136
   296.    Long title amended                                  137
   297.    Section 4 amended                                   137
   298.    Section 5 amended                                   137
   299.    Section 6 repealed                                  137
   300.    Part II repealed                                    137
   301.    Section 18 amended                                  138
   302.    Section 19 amended                                  138
   303.    Section 21 repealed                                 138
   304.    Section 23 amended                                  138
   305.    Section 24 amended                                  138
   306.    Section 25 repealed                                 138
           Division 3 -- Heritage of Western Australia
                  Act 1990
   307.    The Act amended                                     139
   308.    Section 14 amended                                  139
           Division 4 -- Housing Act 1980
   309.    The Act amended                                     139
   310.    Long title amended                                  139
   311.    Section 5 amended                                   140
   312.    Heading to Part II amended                          140
   313.    Heading to Part II Division 1 replaced              140
   314.    Section 6 amended                                   141
   315.    Section 7 amended                                   141
   316.    Sections 8 to 10 replaced                           142
   317.    Heading to Part II Division 2 amended               142
   318.    Section 11 amended                                  142
   319.    Sections 11A and 11B inserted                       143
   320.    Section 12 amended                                  145
   321.    Section 12A amended                                 145
   322.    Section 13 amended                                  145
   323.    Section 16 amended                                  145
   324.    Heading to Part II Division 3 amended               145
   325.    Section 17 amended                                  146
   326.    Section 18A inserted                                146

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327.     Section 22 amended                                    147
328.     Heading to Part IV amended                            147
329.     Section 50 amended                                    147
330.     Section 62 amended                                    148
331.     Section 69 replaced                                   148
332.     References to Commission changed to Authority         148
         Division 5 -- Public Works Act 1902
333.     The Act amended                                       149
334.     Section 2 amended                                     149
335.     Section 9E amended                                    149
         Division 6 -- Transitional matters
336.     Financial reporting                                   150
337.     References to former bodies                           151
338.     Government Employees' Housing Act 1964                151
339.     Housing Act 1980                                      152
340.     Interpretation                                        152
         Part 11 -- Indigenous Affairs
         Division 1 -- Aboriginal Affairs Planning Authority
               Act 1972
341.     The Act amended                                       154
342.     Long title amended                                    154
343.     Section 4 amended                                     154
344.     Section 10 repealed                                   154
345.     Section 16 repealed                                   155
346.     Section 17 amended                                    155
347.     Section 19 amended                                    155
348.     Section 43 amended                                    156
349.     Various references to Commissioner changed to CEO     156
         Division 2 -- Transitional provisions
350.     Aboriginal Affairs Planning Authority Act 1972        157
         Part 12 -- Local Government and
              Regional Development, and Land
              Information
         Division 1 -- Animal Welfare Act 2002
351.     The Act amended                                       158
352.     Section 5 amended                                     158

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   353.    Section 90 amended                                    158
   354.    Various references to Director General changed to
           CEO                                                   158
           Division 2 -- Control of Vehicles (Off-road Areas)
                 Act 1978
   355.    The Act amended                                       159
   356.    Section 3 amended                                     159
   357.    Section 21 amended                                    159
   358.    Section 22 repealed                                   159
   359.    Section 38 amended                                    160
           Division 3 -- Local Government Act 1995
   360.    The Act amended                                       160
   361.    Section 1.4 amended                                   160
   362.    Section 9.58 amended                                  161
   363.    Section 9.67 amended                                  161
   364.    Various references to Executive Director changed to
           Departmental CEO                                      161
           Division 4 -- Local Government Grants Act 1978
   365.    The Act amended                                       162
   366.    Section 3 amended                                     162
   367.    Section 5 amended                                     162
   368.    Section 6 amended                                     162
           Division 5 -- Regional Development Commissions
                 Act 1993
   369.    The Act amended                                       162
   370.    Section 3 amended                                     163
   371.    Section 31 amended                                    163
           Division 6 -- Valuation of Land Act 1978
   372.    The Act amended                                       163
   373.    Section 4 amended                                     163
           Part 13 -- Planning and Infrastructure
           Division 1 -- Land Administration Act 1997
   374.    The Act amended                                       164
   375.    Section 3 amended                                     164
   376.    Section 8 amended                                     164
   377.    Section 30 amended                                    164
   378.    Section 202 amended                                   165
   379.    Section 259 amended                                   165

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         Division 2 -- Main Roads Act 1930
380.     The Act amended                                     166
381.     Section 31 amended                                  166
         Division 3 -- Western Australian Coastal Shipping
               Commission Act 1965
382.     The Act amended                                     166
383.     Section 25 amended                                  166
         Division 4 -- Western Australian Marine (Sea
               Dumping) Act 1981
384.     The Act amended                                     167
385.     Section 14 amended                                  167
         Part 14 -- Police and Emergency
              Services
         Division 1 -- Bush Fires Act 1954
386.     The Act amended                                     168
387.     Section 7 amended                                   168
388.     Section 28 amended                                  168
389.     Section 34 amended                                  169
390.     Section 37 amended                                  169
391.     Section 58 amended                                  169
392.     Section 66 amended                                  169
         Division 2 -- Misuse of Drugs Act 1981
393.     The Act amended                                     170
394.     Section 38D amended                                 170
         Part 15 -- Premier, Public Sector
              Management, and Water
              Resources
         Division 1 -- Constitution Acts Amendment
               Act 1899
395.     The Act amended                                     171
396.     Schedule V amended                                  171
         Division 2 -- Public Sector Management Act 1994
397.     The Act amended                                     171
398.     Schedule 2 amended                                  171
         Division 3 -- Water Corporation Act 1995
399.     The Act amended                                     172
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   400.    Section 73 amended                                  172
           Part 16 -- Racing and Gaming
           Division 1 -- Gaming and Wagering Commission
                 Act 1987
   401.    The Act amended                                     173
   402.    Section 9 amended                                   173
   403.    Section 110A amended                                173
           Division 2 -- Racing and Wagering Western
                 Australia Act 2003
   404.    The Act amended                                     173
   405.    Section 89 amended                                  173
           Division 3 -- Racing Penalties (Appeals) Act 1990
   406.    The Act amended                                     174
   407.    Section 24 amended                                  174
           Part 17 -- Treasurer, and Government
                Enterprises
           Division 1 -- Anzac Day Act 1960
   408.    The Act amended                                     175
   409.    Section 10 amended                                  175
           Division 2 -- Economic Regulation Authority
                 Act 2003
   410.    The Act amended                                     175
   411.    Section 23 amended                                  176
           Division 3 -- Financial Administration and Audit
                 Act 1985
   412.    The Act amended                                     176
   413.    Schedule 1 amended                                  176
           Division 4 -- Gold Corporation Act 1987
   414.    The Act amended                                     177
   415.    Section 3 amended                                   177
   416.    Heading to Part II amended                          177
   417.    Section 9 amended                                   177
   418.    Sections 9A, 9B and 9C inserted                     178
   419.    Section 16 amended                                  180
   420.    Section 21 amended                                  180
   421.    Section 40 amended                                  180

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422.     Section 51 amended                                  181
423.     Schedule 1 amended                                  181
         Division 5 -- Insurance Commission of Western
               Australia Act 1986
424.     The Act amended                                     181
425.     Division 3A inserted                                182
         Division 6 -- Lotteries Commission Act 1990
426.     The Act amended                                     184
427.     Sections 8A, 8B and 8C inserted                     184
428.     Section 22 amended                                  186
         Division 7 -- Parliamentary Superannuation
               Act 1970
429.     The Act amended                                     187
430.     Section 6 amended                                   187
         Division 8 -- Rates and Charges (Rebates and
               Deferments) Act 1992
431.     The Act amended                                     187
432.     Section 46 amended                                  187
         Division 9 -- State Superannuation Act 2000
433.     The Act amended                                     188
434.     Sections 33A, 33B and 33C inserted                  188
         Division 10 -- State Supply Commission Act 1991
435.     The Act amended                                     190
436.     Section 30 amended                                  190
         Division 11 -- Western Australian Treasury
               Corporation Act 1986
437.     The Act amended                                     190
438.     Section 3 amended                                   191
439.     Section 5B amended                                  191
440.     Section 8A amended                                  191
441.     Section 9B inserted                                 191
442.     Section 10 amended                                  191
443.     Section 16HA inserted                               192
444.     Section 16PA inserted                               192
445.     Section 17A amended                                 192
446.     Section 18 amended                                  193
447.     Section 21A amended                                 193
448.     Section 21B amended                                 193

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   449.      Schedule 2 amended                                    193
   450.      Various references to Treasurer changed to Minister   193
             Division 12 -- Transitional provisions
   451.      Western Australian Treasury Corporation Act 1986
             and Gold Corporation Act 1987                         194
             Part 18 -- Various references to
                  Permanent Head amended
   452.      Various references to Permanent Head changed to
             chief executive officer                               196
             Part 19 -- General transitional
                  provisions
   453.      References to Department by a former name             197
   454.      References to chief executive officer by a former
             name                                                  197




page xviii
                           Western Australia

                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)

    Machinery of Government (Miscellaneous
            Amendments) Bill 2005

                               A Bill for

An Act to amend various Acts to facilitate the efficient and flexible
organisation of the public sector, to amend various other Acts
consequentially, and for related purposes.


The Parliament of Western Australia enacts as follows:




                                                                 page 1
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 1         Preliminary
     s. 1




                             Part 1 -- Preliminary
     1.        Short title
               This is the Machinery of Government (Miscellaneous
               Amendments) Act 2005.
5    2.        Commencement
          (1) Subject to this section, this Act comes into operation on a day
              fixed by proclamation.
          (2) Different days may be fixed under subsection (1) for different
              provisions.
10   3.        Interpretation
               In this Part --
               "commencement" means the time at which this Act, or the
                    relevant provision of this Act, comes into operation;
               "statutory rule" means a regulation, rule, local law or by-law.
15   4.        Regulations -- power to amend certain statutory rules
          (1) The Governor, on the recommendation of the Minister, may
              make regulations amending a statutory rule made under an Act.
          (2) The Minister may make a recommendation under subsection (1)
              only if the Minister considers that each amendment proposed to
20            be made by the regulations is consequential on the enactment of
              this Act.
          (3) Nothing in this section prevents a statutory rule from being
              amended in accordance with the Act under which it is made.
     5.        Regulations -- general
25             The Governor may make regulations dealing with matters of a
               transitional nature (including matters of an application or
               savings nature) relating to the transition from the application of
               an Act amended by this Act as in force immediately before
               commencement to the application of that Act as in force
30             immediately after commencement.
     page 2
              Machinery of Government (Miscellaneous Amendments) Bill 2005
                                         Agriculture and Forestry         Part 2

                      Agricultural Produce Commission Act 1988        Division 1

                                                                             s. 6




                  Part 2 -- Agriculture and Forestry
          Division 1 -- Agricultural Produce Commission Act 1988
     6.       The Act amended
              The amendments in this Division are to the Agricultural
5             Produce Commission Act 1988*.
              [* Reprinted as at 5 April 2002.
                 For subsequent amendments see Western Australian
                 Legislation Information Tables for 2004, Table 1, p. 11 and
                 Act No. 59 of 2004.]
10   7.       Section 7 amended
              Section 7(2) is amended by deleting "at the Treasury forming"
              and inserting instead --
              " as ".
          Division 2 -- Agriculture and Related Resources Protection
15                                Act 1976
     8.       The Act amended
              The amendments in this Division are to the Agriculture and
              Related Resources Protection Act 1976*.
              [* Reprinted as at 15 October 1999.
20               For subsequent amendments see Western Australian
                 Legislation Information Tables for 2004, Table 1, p. 13.]
     9.       Section 65 amended
              Section 65(1) is amended as follows:
                (a) by inserting after "61" --
25            "
                    and any other money lawfully received by, made
                    available to or payable to the Protection Board
                                                                               ";

                                                                         page 3
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 2         Agriculture and Forestry
     Division 3     Cattle Industry Compensation Act 1965
     s. 10




                  (b) by deleting "to be kept in the Treasury".
     10.       Section 94 amended
               Section 94(1)(b)(iv) is deleted and the following subparagraph
               is inserted instead --
5                           "
                               (iv) the CEO as defined in section 3 of the
                                    Conservation and Land Management
                                    Act 1984, that any person is registered
                                    as the holder of a permit, licence or
10                                  lease under Part VIII of that Act,
                                                                                ".
              Division 3 --Cattle Industry Compensation Act 1965
     11.       The Act amended
               The amendments in this Division are to the Cattle Industry
15             Compensation Act 1965*.
               [* Reprinted as at 20 August 1999.
                  For subsequent amendments see Western Australian
                  Legislation Information Tables for 2004, Table 1, p. 53-4.]
     12.       Section 21 amended
20             Section 21(1) is amended by deleting "and kept at the Treasury,
               forming" and inserting instead --
               " , as ".
                     Division 4 --    Forest Products Act 2000
     13.       The Act amended
25             The amendments in this Division are to the Forest Products
               Act 2000*.
               [* Act No. 34 of 2000.
                  For subsequent amendments see Western Australian
                  Legislation Information Tables for 2004, Table 1, p. 177.]

     page 4
           Machinery of Government (Miscellaneous Amendments) Bill 2005
                                     Agriculture and Forestry         Part 2

                                    Forest Products Act 2000      Division 4

                                                                       s. 14




     14.   Section 3 amended
           Section 3 is amended as follows:
             (a) by inserting the following definitions in the appropriate
                  alphabetical positions --
5          "
                 "CALM Act CEO" has the meaning given to "CEO"
                      by section 3 of the CALM Act;
                 "CALM Act Department" has the meaning given to
                      "Department" by section 3 of the CALM Act;
10                                                                        ";
             (b) in the definition of "departmental land" in paragraph (c)
                  by deleting "Executive Director" and inserting
                  instead --
                  " CALM Act CEO ";
15           (c) by deleting the definitions of "Department" and
                  "Executive Director".
     15.   Section 6 amended
           Section 6(3)(c) is amended by deleting "Department" and
           inserting instead --
20         " CALM Act Department ".
     16.   Section 10 amended
           Section 10(1) is amended as follows:
             (a) in paragraph (l) by deleting "Department" and inserting
                  instead --
25                " CALM Act CEO ";
            (b) in paragraph (l) by deleting "the Department's" and
                  inserting instead --
                  " that CEO's ";



                                                                     page 5
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 2              Agriculture and Forestry
     Division 4          Forest Products Act 2000
     s. 17




                   (c) in paragraph (m) by deleting "Department" and inserting
                       instead --
                       " CALM Act CEO ".
     17.      Section 42 amended
5             Section 42(2)(d) is amended by deleting "Department" and
              inserting instead --
              " CALM Act CEO ".
     18.      Section 57 amended
              Section 57(2)(a)(ii) and (c) are amended by deleting
10            "Department's" and inserting instead --
              " CALM Act CEO's ".
     19.      Section 59 amended
              Section 59(1)(b) and (c) are amended by deleting "Department"
              and inserting instead --
15            " CALM Act CEO ".
     20.      Various references to Executive Director changed to CALM
              Act CEO
              Each provision listed in the Table to this section is amended by
              deleting "Executive Director" in each place where it occurs and
20            inserting instead --
              " CALM Act CEO ".
                                             Table
                  s. 6(3)(c)                         s. 57(2)(a) and (b)

                  s. 10(1)(e), (k) and (o)           s. 59(1)(d) and (2)

                    and (3)(e)




     page 6
                Machinery of Government (Miscellaneous Amendments) Bill 2005
                                           Agriculture and Forestry        Part 2

                                    Marketing of Potatoes Act 1946     Division 5

                                                                            s. 21




                              Marketing of Potatoes Act 1946
                   Division 5 --


     21.        The Act amended
                The amendments in this Division are to the Marketing of
                Potatoes Act 1946*.
5               [* Reprinted as at 7 January 2000.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 275-6.]
     22.        Section 22B amended
           (1) Section 22B(5) is amended by deleting "Commissioner for
10               Health" and inserting instead --
                 " CEO (Health) ".
           (2) After section 22B(9) the following subsection is inserted --
              "
                (10) In this section --
15                    "CEO (Health)" has the meaning given to "CEO" by
                           section 3 of the Health Legislation Administration
                           Act 1984.
                                                                                  ".
           Division 6 --  Plant Pests and Diseases (Eradication Funds)
20                                   Act 1974
     23.        The Act amended
                The amendments in this Division are to the Plant Pests and
                Diseases (Eradication Funds) Act 1974*.
                [* Reprint 2 as at 12 December 2003.
25                 For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 345.]




                                                                          page 7
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 2          Agriculture and Forestry
     Division 7      Soil and Land Conservation Act 1945
     s. 24




     24.      Sections 5 and 8A amended
              Sections 5(1) and 8A(1) are amended by deleting "and kept at
              the Treasury, forming" and inserting instead --
              " , as ".
5             Division 7 --Soil and Land Conservation Act 1945
     25.      The Act amended
              The amendments in this Division are to the Soil and Land
              Conservation Act 1945*.
              [* Reprint 6 as at 3 October 2003.
10               For subsequent amendments see Western Australian
                 Legislation Information Tables for 2004, Table 1, p. 416.]
     26.      Section 4 amended
              Section 4 is amended in the definition of "Public Authority" in
              paragraph (f) by deleting "Executive Director within the
15            meaning" and inserting instead --
              " CEO as defined in section 3 ".
     27.      Section 25C amended
              Section 25C(1) is amended by deleting "at the Treasury,
              forming" and inserting instead --
20            " , as ".
              Division 8 --Tree Plantation Agreements Act 2003
     28.      The Act amended
              The amendments in this Division are to the Tree Plantation
              Agreements Act 2003*.
25            [* Act No. 39 of 2003.]


     page 8
                Machinery of Government (Miscellaneous Amendments) Bill 2005
                                           Agriculture and Forestry     Part 2

                             Tree Plantation Agreements Act 2003    Division 8

                                                                            s. 29




     29.        Section 4 amended
           (1) Section 4(2)(a) and (b) are amended by deleting "Executive
                Director of the Department of Conservation and Land
                Management" and inserting instead --
5               " CALM Act CEO ".
           (2) After section 4(2) the following subsection is inserted --
              "
                (3) In this section --
                      "CALM Act CEO" has the meaning given to "CEO"
10                        by section 3 of the Conservation and Land
                          Management Act 1984.
                                                                              ".




                                                                       page 9
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 3         Attorney General, and Justice
     Division 1     Bail Act 1982
     s. 30




                  Part 3 -- Attorney General, and Justice
                             Division 1 --    Bail Act 1982
     30.         The Act amended
                 The amendments in this Division are to the Bail Act 1982*.
5                [* Reprint 5 as at 1 April 2005.
                    For subsequent amendments see Acts Nos. 45, 59 and 84
                    of 2004.]
     31.         Section 3 amended
           (1) Section 3(1) is amended as follows:
10               (a) by inserting the following definitions in the appropriate
                       alphabetical positions --
               "
                     "CEO" means the chief executive officer of the
                          Department;
15                   "Department" means the department of the Public
                          Service principally assisting in the administration
                          of this Act;
                                                                                 ";
                 (b) in the definition of "authorised community services
20                     officer" in paragraph (a) by deleting "(Justice)" in both
                       places where it occurs;
                 (c) by deleting the definition of "CEO (Justice)".
           (2) Section 3(5) is amended by deleting "department of which he is
               the chief executive officer" and inserting instead --
25             " Department ".




     page 10
           Machinery of Government (Miscellaneous Amendments) Bill 2005
                                    Attorney General, and Justice                 Part 3

                                              Evidence Act 1906               Division 2

                                                                                   s. 32




     32.   Section 66A amended
           Section 66A(2) is amended by deleting "department of which
           the CEO (Justice) is the chief executive officer" and inserting
           instead --
5          " Department ".
     33.   Various references to CEO (Justice) changed to CEO
           Each provision listed in the Table to this section is amended by
           deleting "CEO (Justice)" in each place where it occurs and
           inserting instead --
10         " CEO ".
                                        Table
            s. 3(5)                             s. 50E
            s. 24A(4)                           s. 50F(1), (3), (4) and (5)
            s. 27A                              s. 50H
            s. 50A                              s. 50J
            s. 50C(4)(a) and (b)                s. 50L(1)
            s. 50D(1)(a)                        Sch. 1 Part D cl. 3(3)(e)
           Note: The headings to sections 27A, 50A, 50E, 50F and 50J will be altered
                 by deleting "(Justice)".

                      Division 2 --      Evidence Act 1906
15   34.   The Act amended
           The amendments in this Division are to the Evidence Act 1906*.
           [* Reprint 12 as at 10 October 2003.
              For subsequent amendments see Western Australian
              Legislation Information Tables for 2004, Table 1, p. 151.]




                                                                                page 11
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 3             Attorney General, and Justice
     Division 2         Evidence Act 1906
     s. 35




     35.       Section 61 amended
               Section 61 is amended as follows:
                 (a) by deleting "Head of any department of the
                       Government" and inserting instead --
5              "
                     chief executive officer of any department of the Public
                     Service
                                                                                   ";
                   (b) by deleting "or board" in the first place where it occurs
10                     and inserting instead --
                       " , listed ";
                   (c) by deleting "board" in the second place where it occurs
                       and inserting instead --
                       " body ".
15   36.       Section 106A amended
               Section 106A is amended in the definition of "accused" in
               paragraph (a)(i) by deleting "of the department established
               under section 4 of the Community Services Act 1972" and
               inserting instead --
20                             "
                                    as defined in section 3 of the Children
                                    and Community Services Act 2004
                                                                                   ".
     37.       The Fifth Schedule amended
25             The Fifth Schedule is amended by deleting all the items from
               and including the item relating to the Lands and Surveys
               Department and inserting instead --
           "
                  Any department of the           The chief executive officer of
                  Public Service                  that department


     page 12
                Machinery of Government (Miscellaneous Amendments) Bill 2005
                                        Attorney General, and Justice                Part 3

                                                     Juries Act 1957          Division 3

                                                                                      s. 38




                 Any body, whether                  The chief executive officer,
                 incorporated or not, that is       the chief employee, the
                 established for a public           chairman or the secretary
                 purpose by a written law           (whichever is relevant) of the
                                                    body
                 The Police Force                   The Commissioner of Police
                                                                                         ".
                               Division 3 --     Juries Act 1957
     38.        The Act amended
                The amendments in this Division are to the Juries Act 1957*.
5               [* Reprinted as at 3 July 2000.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 232.]
     39.        Second Schedule amended
           (1) The Second Schedule Part I item 2(i) is deleted and the
10             following item is inserted instead --
                    "
                         (i)    Officer or employee of the department of the Public
                                Service principally assisting in the administration of
                                this Act, other than an officer in the Public Trust
15                              Office;
                                                                                         ".
           (2) The Second Schedule Part I item 2(l) is deleted and the
               following item is inserted instead --
                    "
20                       (l)    Officer or employee of the department of the Public
                                Service principally assisting in the administration of
                                the Police Act 1892;
                                                                                         ".




                                                                                 page 13
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 3            Attorney General, and Justice
     Division 4        Professional Standards Act 1997
     s. 40




                             Professional Standards Act 1997
                  Division 4 --


     40.       The Act amended
               The amendments in this Division are to the Professional
               Standards Act 1997*.
5              [* Act No. 22 of 1997.
                  For subsequent amendments see Western Australian
                  Legislation Information Tables for 2004, Table 1, p. 360 and
                  Act No. 25 of 2004.]
     41.       Section 16 amended
10             Section 16(2) is amended as follows:
                 (a) by deleting "at either";
                (b) in paragraph (a) by deleting "the Treasury and";
                 (c) in paragraph (b) by inserting before "a bank" --
                      " at ".
15                    Division 5 --   Spent Convictions Act 1988
     42.       The Act amended
               The amendments in this Division are to the Spent Convictions
               Act 1988*.
               [* Reprinted as at 1 September 2000.
20                For subsequent amendments see Western Australian
                  Legislation Information Tables for 2004, Table 1, p. 418-9.]
     43.       Schedule 3 amended
               Schedule 3 clause 1 item 10 of the Table is amended by deleting
               "Community and Juvenile Justice Division or the Prisons
25             Division of the Department of Justice" and inserting instead --
                  "
                       department of the Public Service principally
                       assisting in the administration of this Act
                                                                                 ".
     page 14
                Machinery of Government (Miscellaneous Amendments) Bill 2005
                                       Attorney General, and Justice       Part 3

               Statutory Corporations (Liability of Directors) Act 1996Division 6

                                                                            s. 44




           Division 6 -- Statutory Corporations (Liability of Directors)
                                   Act 1996
     44.        The Act amended
                The amendments in this Division are to the Statutory
5               Corporations (Liability of Directors) Act 1996*.
                [* Reprint 3 as at 7 November 2003.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 431.]
     45.        Schedule 1 amended
10              Schedule 1 is amended by deleting the items relating to the State
                Housing Commission.
                       Division 7 --   Suitors' Fund Act 1964
     46.        The Act amended
                The amendments in this Division are to the Suitors' Fund
15              Act 1964*.
                [* Reprinted as at 29 October 1999.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 438.]
     47.        Section 4 amended
20         (1) Section 4(1) is amended by deleting "and kept at the Treasury,
                forming" and inserting instead --
                " , as ".
           (2) Section 4(2) is repealed and the following subsection is inserted
                instead --
25            "
                (2) The following shall be credited to the Fund --
                        (a) the amounts referred to in section 6(2);

                                                                         page 15
Machinery of Government (Miscellaneous Amendments) Bill 2005
Part 3         Attorney General, and Justice
Division 7     Suitors' Fund Act 1964
s. 47




               (b) any other moneys lawfully received by, made
                   available to, or payable to the Board.
                                                                 ".




page 16
              Machinery of Government (Miscellaneous Amendments) Bill 2005
                          Consumer and Employment Protection             Part 4

                            Associations Incorporation Act 1987      Division 1

                                                                             s. 48




           Part 4 -- Consumer and Employment Protection
             Division 1 -- Associations Incorporation Act 1987
     48.      The Act amended
              The amendments in this Division are to the Associations
5             Incorporation Act 1987*.
              [* Reprinted as at 20 August 1999.
                 For subsequent amendments see Western Australian
                 Legislation Information Tables for 2004, Table 1, p. 28.]
     49.      Section 3 amended
10            Section 3(1) is amended as follows:
                (a) by inserting the following definition in the appropriate
                     alphabetical position --
              "
                    "Department" means the department of the Public
15                      Service principally assisting in the administration
                        of this Act;
                                                                               ";
                  (b) by deleting the definition of "Commissioner" and
                      inserting instead --
20            "
                     "Commissioner" means the person for the time being
                          designated as the Commissioner under
                          section 39A;
                                                                               ".




                                                                       page 17
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 1     Associations Incorporation Act 1987
     s. 50




     50.        Sections 39A to 39E inserted
                After section 39 the following sections are inserted in
                Part VII --
     "
5             39A.    Commissioner
                (1) The Minister is required, by notice published in the
                    Gazette, to designate a person who is an executive
                    officer of the Department as the Commissioner for the
                    purposes of this Act.
10              (2) The Commissioner may be referred to by a title
                    specified by the Minister by notice published in the
                    Gazette.
                (3) In this section --
                    "executive officer" has the meaning given by
15                       section 3(1) of the Public Sector Management
                         Act 1994.
              39B.    Delegation by Commissioner
                (1) The Commissioner may delegate to any other person
                    employed in the Department any power or duty of the
20                  Commissioner under another provision of this Act.
                (2) The delegation must be in writing signed by the
                    Commissioner.
                (3) A person to whom a power or duty is delegated under
                    this section cannot delegate that power or duty.
25              (4) 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 in accordance with the terms of the
                    delegation unless the contrary is shown.




     page 18
       Machinery of Government (Miscellaneous Amendments) Bill 2005
                   Consumer and Employment Protection             Part 4

                     Associations Incorporation Act 1987      Division 1

                                                                      s. 50




       (5) Nothing in this section limits the ability of the
           Commissioner to perform a function through an officer
           or agent.
     39C.   Information officially obtained to be confidential
5      (1) A person who misuses information obtained by reason
           of any function that person has, or at any time had, in
           the administration of this Act, or the repealed Act,
           commits an offence.
           Penalty: $20 000.
10     (2) A person misuses information if it is, directly or
           indirectly, recorded, used, or disclosed to another
           person, other than --
             (a) in the course of duty;
             (b) under this Act;
15           (c) for the purposes of the investigation of any
                    suspected offence or the conduct of
                    proceedings against any person for an offence;
             (d) in a manner that could not reasonably be
                    expected to lead to the identification of any
20                  person to whom the information refers; or
             (e) with the consent of the person to whom the
                    information relates, or each of them if there is
                    more than one.
       (3) In this section --
25         "information" means information concerning the
                affairs of a person.
     39D.   Protection from liability for wrongdoing
       (1) A person is not liable for anything that the person has,
           in good faith, done in the performance or purported
30         performance of a function under this Act, or the
           repealed Act.

                                                                page 19
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 2     Builders' Registration Act 1939
     s. 51




                (2) The State is also relieved of any liability that it might
                    otherwise have had for another person having done
                    anything as described in subsection (1).
                (3) The protection given by this section applies even
5                   though the thing done as described in subsection (1)
                    may have been capable of being done whether or not
                    this Act had been enacted.
                (4) In this section, a reference to the doing of anything
                    includes a reference to an omission to do anything.
10            39E.     Judicial notice
                       All courts, judges and persons acting judicially shall
                       take judicial notice of the official signature of every
                       person who is for the time being and every person who
                       has at any time been the Commissioner and of the fact
15                     that such person holds or has held such office.
                                                                                 ".
                              Builders' Registration Act 1939
                     Division 2 --


     51.        The Act amended
                The amendments in this Division are to the Builders'
20              Registration Act 1939*.
                [* Reprinted as at 11 January 2002.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 44.]
     52.        Section 4A amended
25              Section 4A(5) is amended by deleting "Commissioner for Fair
                Trading appointed under section 15" and inserting instead --
                " Commissioner as defined in section 4(1) ".



     page 20
           Machinery of Government (Miscellaneous Amendments) Bill 2005
                       Consumer and Employment Protection             Part 4

                                 Business Names Act 1962          Division 3

                                                                          s. 53




     53.   Section 37 amended
           Section 37(3) is amended by deleting "Commissioner for Fair
           Trading referred to in section 15" and inserting instead --
           " Commissioner as defined in section 4(1) ".
5                 Division 3 --   Business Names Act 1962
     54.   The Act amended
           The amendments in this Division are to the Business Names
           Act 1962*.
           [* Reprinted as at 16 February 2001.
10            For subsequent amendments see Western Australian
              Legislation Information Tables for 2004, Table 1, p. 49.]
     55.   Section 4 amended
           Section 4(1) is amended as follows:
             (a) by inserting the following definition in the appropriate
15                alphabetical position --
           "
                 "Department" means the department of the Public
                     Service principally assisting in the administration
                     of this Act;
20                                                                          ";
               (b) by deleting the definition of "Commissioner" and
                   inserting instead --
           "
                  "Commissioner" means the person for the time being
25                     designated as the Commissioner under
                       section 4AA;
                                                                            ".




                                                                    page 21
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 3     Business Names Act 1962
     s. 56




     56.        Section 4AA inserted
                After section 4 the following section is inserted --
     "
              4AA.   Commissioner
5               (1) The Minister is required, by notice published in the
                    Gazette, to designate a person who is an executive
                    officer of the Department as the Commissioner for the
                    purposes of this Act.
                (2) The Commissioner may be referred to by a title
10                  specified by the Minister by notice published in the
                    Gazette.
                (3) In this section --
                    "executive officer" has the meaning given by
                         section 3(1) of the Public Sector Management
15                       Act 1994.
                                                                                ".
     57.        Sections 31A to 31D inserted
                After section 31 the following sections are inserted --
     "
20            31A.   Delegation by Commissioner
                (1) The Commissioner may delegate to any other person
                    employed in the Department any power or duty of the
                    Commissioner under another provision of this Act.
                (2) The delegation must be in writing signed by the
25                  Commissioner.
                (3) A person to whom a power or duty is delegated under
                    this section cannot delegate that power or duty.
                (4) A person exercising or performing a power or duty that
                    has been delegated to the person under this section is to


     page 22
       Machinery of Government (Miscellaneous Amendments) Bill 2005
                   Consumer and Employment Protection             Part 4

                             Business Names Act 1962          Division 3

                                                                   s. 57




           be taken to do so in accordance with the terms of the
           delegation unless the contrary is shown.
       (5) Nothing in this section limits the ability of the
           Commissioner to perform a function through an officer
5          or agent.
     31B.   Information officially obtained to be confidential
       (1) A person who misuses information obtained by reason
           of any function that person has, or at any time had, in
           the administration of this Act commits an offence.
10         Penalty: $20 000.
       (2) A person misuses information if it is, directly or
           indirectly, recorded, used, or disclosed to another
           person, other than --
             (a) in the course of duty;
15           (b) under this Act;
             (c) for the purposes of the investigation of any
                    suspected offence or the conduct of
                    proceedings against any person for an offence;
             (d) in a manner that could not reasonably be
20                  expected to lead to the identification of any
                    person to whom the information refers; or
             (e) with the consent of the person to whom the
                    information relates, or each of them if there is
                    more than one.
25     (3) In this section --
           "information" means information concerning the
                affairs of a person.




                                                                page 23
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 4     Chattel Securities Act 1987
     s. 58




              31C.   Protection from liability for wrongdoing
                (1) A person is not liable for anything that the person has,
                    in good faith, done in the performance or purported
                    performance of a function under this Act.
5               (2) The State is also relieved of any liability that it might
                    otherwise have had for another person having done
                    anything as described in subsection (1).
                (3) The protection given by this section applies even
                    though the thing done as described in subsection (1)
10                  may have been capable of being done whether or not
                    this Act had been enacted.
                (4) In this section, a reference to the doing of anything
                    includes a reference to an omission to do anything.
              31D.   Application of certain provisions of the Consumer
15                   Affairs Act 1971
                     Sections 19, 20, 21, 22 and 23A of the Consumer
                     Affairs Act 1971 apply, with such modifications as are
                     necessary, to and in relation to the functions of the
                     Commissioner and persons and matters affected by the
20                   exercise of those functions as if the sections were part
                     of this Act.
                                                                                ".
                     Division 4 --   Chattel Securities Act 1987
     58.        The Act amended
25              The amendments in this Division are to the Chattel Securities
                Act 1987*.
                [* Reprinted as at 13 December 2002.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 57.]


     page 24
             Machinery of Government (Miscellaneous Amendments) Bill 2005
                         Consumer and Employment Protection              Part 4

                                  Chattel Securities Act 1987        Division 4

                                                                             s. 59




     59.     Section 3 amended
             Section 3(1) is amended as follows:
               (a) by inserting the following definition in the appropriate
                    alphabetical position --
5            "
                   "Department" means the department of the Public
                       Service principally assisting in the administration
                       of this Act;
                                                                               ";
10               (b) by deleting the definition of "Commissioner" and
                     inserting instead --
             "
                    "Commissioner" means the person for the time being
                         designated as the Commissioner under section 3A;
15                                                                             ".
     60.     Section 3A inserted
             After section 3 the following section is inserted in Part I --
     "
           3A.      Commissioner
20           (1) The Minister is required, by notice published in the
                 Gazette, to designate a person who is an executive
                 officer of the Department as the Commissioner for the
                 purposes of this Act.
             (2) The Commissioner may be referred to by a title
25               specified by the Minister by notice published in the
                 Gazette.
             (3) In this section --
                 "executive officer" has the meaning given by
                      section 3(1) of the Public Sector Management
30                    Act 1994.
                                                                               ".

                                                                       page 25
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 4     Chattel Securities Act 1987
     s. 61




     61.        Heading to Part IV inserted
                After section 28 the following heading is inserted --
     "
                            Part IV -- Miscellaneous
5                                                                               ".
     62.        Sections 30A to 30D inserted
                After section 30 the following sections are inserted --
     "
              30A.   Delegation by Commissioner
10              (1) The Commissioner may delegate to any other person
                    employed in the Department any power or duty of the
                    Commissioner under another provision of this Act.
                (2) The delegation must be in writing signed by the
                    Commissioner.
15              (3) A person to whom a power or duty is delegated under
                    this section cannot delegate that power or duty.
                (4) 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 in accordance with the terms of the
20                  delegation unless the contrary is shown.
                (5) Nothing in this section limits the ability of the
                    Commissioner to perform a function through an officer
                    or agent.
              30B.   Information officially obtained to be confidential
25              (1) A person who misuses information obtained by reason
                    of any function that person has, or at any time had, in
                    the administration of this Act commits an offence.
                    Penalty: $20 000.


     page 26
       Machinery of Government (Miscellaneous Amendments) Bill 2005
                   Consumer and Employment Protection             Part 4

                            Chattel Securities Act 1987       Division 4

                                                                   s. 62




       (2) A person misuses information if it is, directly or
           indirectly, recorded, used, or disclosed to another
           person, other than --
             (a) in the course of duty;
5            (b) under this Act;
             (c) for the purposes of the investigation of any
                    suspected offence or the conduct of
                    proceedings against any person for an offence;
             (d) in a manner that could not reasonably be
10                  expected to lead to the identification of any
                    person to whom the information refers; or
             (e) with the consent of the person to whom the
                    information relates, or each of them if there is
                    more than one.
15     (3) In this section --
           "information" means information concerning the
                affairs of a person.
     30C.   Protection from liability for wrongdoing
       (1) Subject to sections 24 and 25, a person is not liable for
20         anything that the person has, in good faith, done in the
           performance or purported performance of a function
           under this Act.
       (2) Subject to sections 24 and 25, the State is also relieved
           of any liability that it might otherwise have had for
25         another person having done anything as described in
           subsection (1).
       (3) The protection given by this section applies even
           though the thing done as described in subsection (1)
           may have been capable of being done whether or not
30         this Act had been enacted.
       (4) In this section, a reference to the doing of anything
           includes a reference to an omission to do anything.

                                                                page 27
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 5     Companies (Co-operative) Act 1943
     s. 63




              30D.       Application of certain provisions of the Consumer
                         Affairs Act 1971
                         Sections 19, 20, 21, 22 and 23A of the Consumer
                         Affairs Act 1971 apply, with such modifications as are
5                        necessary, to and in relation to the functions of the
                         Commissioner and persons and matters affected by the
                         exercise of those functions as if the sections were part
                         of this Act.
                                                                                    ".
10              Division 5 -- Companies (Co-operative) Act 1943
     63.        The Act amended
                The amendments in this Division are to the Companies
                (Co-operative) Act 1943*.
                [* Reprinted as at 14 January 2000.
15                 For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 74.]
     64.        Section 3 amended
                Section 3 is amended as follows:
                  (a) by inserting the following definition in the appropriate
20                     alphabetical position --
                "
                      "Department" means the department of the Public
                           Service principally assisting in the administration
                           of this Act.
25                                                                                  ";
                     (b) by deleting the definition of "Registrar" and inserting
                         instead --
                "
                         "Registrar" means the person for the time being
30                           designated as the Registrar under section 3A.
                                                                                    ".

     page 28
             Machinery of Government (Miscellaneous Amendments) Bill 2005
                         Consumer and Employment Protection             Part 4

                           Companies (Co-operative) Act 1943        Division 5

                                                                         s. 65




     65.     Division 1A inserted
             After section 3 the following Division is inserted --
     "
                       Division 1A -- Administration
5          3A.    Registrar
             (1) The Minister is required, by notice published in the
                 Gazette, to designate a person who is an executive
                 officer of the Department as the Registrar for the
                 purposes of this Act.
10           (2) The Registrar may be referred to by a title specified by
                 the Minister by notice published in the Gazette.
             (3) In this section --
                 "executive officer" has the meaning given by
                      section 3(1) of the Public Sector Management
15                    Act 1994.
           3B.    Delegation by Registrar
             (1) The Registrar may delegate to any other person
                 employed in the Department any power or duty of the
                 Registrar under another provision of this Act.
20           (2) The delegation must be in writing signed by the
                 Registrar.
             (3) A person to whom a power or duty is delegated under
                 this section cannot delegate that power or duty.
             (4) A person exercising or performing a power or duty that
25               has been delegated to the person under this section is to
                 be taken to do so in accordance with the terms of the
                 delegation unless the contrary is shown.
             (5) Nothing in this section limits the ability of the
                 Registrar to perform a function through an officer or
30               agent.
                                                                      page 29
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 5     Companies (Co-operative) Act 1943
     s. 65




              3C.    Information officially obtained to be confidential
                (1) A person who misuses information obtained by reason
                    of any function that person has, or at any time had, in
                    the administration of this Act commits an offence.
5                   Penalty: $20 000.
                (2) A person misuses information if it is, directly or
                    indirectly, recorded, used, or disclosed to another
                    person, other than --
                      (a) in the course of duty;
10                    (b) under this Act;
                      (c) for the purposes of the investigation of any
                             suspected offence or the conduct of
                             proceedings against any person for an offence;
                      (d) in a manner that could not reasonably be
15                           expected to lead to the identification of any
                             person to whom the information refers; or
                      (e) with the consent of the person to whom the
                             information relates, or each of them if there is
                             more than one.
20              (3) In this section --
                    "information" means information concerning the
                         affairs of a person.
              3D.    Protection from liability for wrongdoing
                (1) A person is not liable for anything that the person has,
25                  in good faith, done in the performance or purported
                    performance of a function under this Act.
                (2) The State is also relieved of any liability that it might
                    otherwise have had for another person having done
                    anything as described in subsection (1).
30              (3) The protection given by this section applies even
                    though the thing done as described in subsection (1)

     page 30
               Machinery of Government (Miscellaneous Amendments) Bill 2005
                              Consumer and Employment Protection            Part 4

             Competition Policy Reform (Western Australia) Act 1996    Division 6

                                                                             s. 66




                    may have been capable of being done whether or not
                    this Act had been enacted.
                (4) In this section, a reference to the doing of anything
                    includes a reference to an omission to do anything.
5            3E.      Judicial notice
                      All courts, judges and persons acting judicially shall
                      take judicial notice of the official signature of every
                      person who is for the time being and every person who
                      has at any time been the Registrar and of the fact that
10                    such person holds or has held such office.
                                                                                ".
     66.        Section 391 repealed and consequential amendments
           (1) Section 391 is repealed.
           (2) Sections 25(1), 26(1)(b), 30(6), 319, 329(1)(d), 331(1) and (3),
15             373(d) and (g) and 392(2) are amended by deleting "and seal".
       Division 6 -- Competition Policy Reform (Western Australia)
                               Act 1996
     67.     The Act amended
                The amendments in this Division are to the Competition Policy
20              Reform (Western Australia) Act 1996*.
                [* Reprinted as at 6 July 2001.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 75-6.]
     68.        Section 45 amended
25              Section 45 is amended by deleting the definition of
                "Commissioner" and inserting instead --
                "
                      "Commissioner" means the person for the time being
                          designated as the Commissioner under section 58;
30                                                                              ".
                                                                         page 31
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 6     Competition Policy Reform (Western Australia) Act 1996
     s. 69




     69.            Division 5 inserted
                    After section 57 the following Division is inserted --
     "
                             Division 5 -- Commissioner
5             58.        Commissioner
                    (1) The Minister is required, by notice published in the
                        Gazette, to designate a person who is an executive
                        officer of the Department as the Commissioner for the
                        purposes of this Part.
10                  (2) The Commissioner may be referred to by a title
                        specified by the Minister by notice published in the
                        Gazette.
                    (3) In this section --
                        "executive officer" has the meaning given by
15                           section 3(1) of the Public Sector Management
                             Act 1994.
              59.        Delegation by Commissioner
                    (1) The Commissioner may delegate to any other person
                        employed in the Department any power or duty of the
20                      Commissioner under another provision of this Part.
                    (2) The delegation must be in writing signed by the
                        Commissioner.
                    (3) A person to whom a power or duty is delegated under
                        this section cannot delegate that power or duty.
25                  (4) 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 in accordance with the terms of the
                        delegation unless the contrary is shown.



     page 32
       Machinery of Government (Miscellaneous Amendments) Bill 2005
                      Consumer and Employment Protection              Part 4

     Competition Policy Reform (Western Australia) Act 1996       Division 6

                                                                          s. 69




           (5) Nothing in this section limits the ability of the
               Commissioner to perform a function through an officer
               or agent.
     60.        Information officially obtained to be confidential
5          (1) A person who misuses information obtained by reason
               of any function that person has, or at any time had, in
               the administration of this Part commits an offence.
               Penalty: $20 000.
           (2) A person misuses information if it is, directly or
10             indirectly, recorded, used, or disclosed to another
               person, other than --
                 (a) in the course of duty;
                 (b) under this Act;
                 (c) for the purposes of the investigation of any
15                      suspected offence or the conduct of
                        proceedings against any person for an offence;
                 (d) in a manner that could not reasonably be
                        expected to lead to the identification of any
                        person to whom the information refers; or
20               (e) with the consent of the person to whom the
                        information relates, or each of them if there is
                        more than one.
           (3) In this section --
               "information" means information concerning the
25                  affairs of a person.
     61.        Protection from liability for wrongdoing
           (1) A person is not liable for anything that the person has,
               in good faith, done in the performance or purported
               performance of a function under this Part.



                                                                    page 33
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 7     Consumer Affairs Act 1971
     s. 70




                    (2) The State is also relieved of any liability that it might
                        otherwise have had for another person having done
                        anything as described in subsection (1).
                    (3) The protection given by this section applies even
5                       though the thing done as described in subsection (1)
                        may have been capable of being done whether or not
                        this Part had been enacted.
                    (4) In this section, a reference to the doing of anything
                        includes a reference to an omission to do anything.
10            62.         Judicial notice
                          All courts, judges and persons acting judicially shall
                          take judicial notice of the official signature of every
                          person who is for the time being and every person who
                          has at any time been the Commissioner and of the fact
15                        that such person holds or has held such office.
                                                                                    ".
                        Division    Consumer Affairs Act 1971
                                   7 --


     70.            The Act amended
                    The amendments in this Division are to the Consumer Affairs
20                  Act 1971*.
                    [* Reprint 4 as at 9 July 2004.
                       For subsequent amendments see Western Australian
                       Legislation Information Tables for 2004, Table 1, p. 91.]
     71.            Long title amended
25                  The long title is amended by deleting "appointment of a
                    Commissioner for Fair Trading" and inserting instead --
                    " protection of the interests of consumers ".



     page 34
                 Machinery of Government (Miscellaneous Amendments) Bill 2005
                             Consumer and Employment Protection              Part 4

                                       Consumer Affairs Act 1971        Division 7

                                                                              s. 72




     72.         Section 4 amended
                 Section 4(1) is amended by deleting the definition of
                 "Commissioner" and inserting instead --
                 "
5                      "Commissioner" means the person for the time being
                           designated as the Commissioner under section 15;
                                                                                   ".
     73.         Section 5 amended
                 Section 5(2) is amended by deleting "the person for the time
10               being holding the office of " .
     74.         Heading to Part III replaced
                 The heading to Part III is deleted and the following heading is
                 inserted instead --
     "
15                   Part III -- Administrative provisions
                                                                                   ".
     75.         Sections 15 to 17 replaced
                 Sections 15, 15A and 17 are repealed and the following sections
                 are inserted instead --
20   "
           15.         Commissioner
                 (1) The Minister is required, by notice published in the
                     Gazette, to designate a person who is an executive
                     officer of the Department as the Commissioner for the
25                   purposes of this Act.
                 (2) The Commissioner may be referred to by a title
                     specified by the Minister by notice published in the
                     Gazette.



                                                                           page 35
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 7     Consumer Affairs Act 1971
     s. 75




                    (3) In this section --
                         "executive officer" has the meaning given by
                              section 3(1) of the Public Sector Management
                              Act 1994.
5             16.        Functions of the Commissioner
                    (1) The functions of the Commissioner include --
                         (a) to promote the interests of consumers and to
                               assist them to a greater awareness in relation to
                               their assessment and use of goods and services;
10                       (b) to collect, collate and disseminate information
                               in respect of matters affecting the interests of
                               consumers;
                         (c) to receive complaints from consumers
                               concerning matters affecting their interests as
15                             consumers, to consider and, if the
                               Commissioner considers it warranted, to
                               investigate those complaints and to take such
                               action in respect of those complaints as seems
                               proper to the Commissioner;
20                       (d) to receive complaints of fraudulent or deceptive
                               practices in relation to matters that affect or are
                               likely to affect the interests of consumers and to
                               make such investigations and inquiries and to
                               take such other action in respect of those
25                             complaints as seems proper to the
                               Commissioner;
                         (e) to advise and assist consumers who seek from
                               the Commissioner information or guidance on
                               matters affecting their interests as consumers;
30                        (f) to encourage and undertake the dissemination
                               of information concerning consumer affairs to
                               producers, manufacturers and suppliers of
                               goods or services;

     page 36
     Machinery of Government (Miscellaneous Amendments) Bill 2005
                 Consumer and Employment Protection          Part 4

                           Consumer Affairs Act 1971     Division 7

                                                              s. 75




           (g) to perform such other functions as are imposed
                 on the Commissioner by this Act or any other
                 Act.
     (2) Without limiting the generality of subsection (1), the
5        Commissioner is to --
           (a) make such recommendations to the Minister as
                 the Commissioner considers necessary or
                 desirable in the interests of consumers and in
                 particular investigate and make
10               recommendations to the Minister in relation to
                 any matters that concern the need for or
                 desirability of legislative or administrative
                 action in the interests of consumers;
           (b) advise the Minister on such matters affecting
15               the interests of consumers as the Minister may
                 refer to the Commissioner;
           (c) make recommendations to the Minister for the
                 establishment and maintenance of means by
                 which --
20                  (i) matters that affect the interests of
                         consumers and of persons engaged in
                         the production, manufacture,
                         preparation or supply of goods or in
                         commerce or in the provision of
25                       services may receive adequate
                         consideration; and
                   (ii) information concerning those matters
                         and considerations may be disseminated
                         at large.
30   (3) The Commissioner may cooperate, associate or consult
         with organisations that have the power to make
         investigations of the nature referred to in
         subsection (2)(a).


                                                           page 37
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 7     Consumer Affairs Act 1971
     s. 76




              17.         Power of Commissioner to publish warnings about
                          unsatisfactory or dangerous goods and services etc.
                    (1) The Commissioner may publish (in any form) a
                        statement identifying and giving warnings or
5                       information about any of the following --
                          (a) goods that are unsatisfactory or dangerous and
                                 persons who supply or are likely to supply
                                 those goods;
                          (b) services supplied in an unsatisfactory or
10                               dangerous manner and persons who supply or
                                 are likely to supply those services;
                          (c) unfair business practices and persons who
                                 engage or are likely to engage in those
                                 practices;
15                        (d) any other matter which adversely affects or
                                 may adversely affect the interests of consumers
                                 in connection with the acquisition by them of
                                 goods or services.
                    (2) A statement under subsection (1) may identify
20                      particular goods, services, business practices and
                        persons.
                    (3) The Commissioner is not to make or issue a statement
                        under this section unless satisfied that it is in the public
                        interest to do so.
25                                                                                     ".
     76.            Section 23 replaced
                    Section 23 is repealed and the following section is inserted
                    instead --
     "
30            23.         Delegation by Commissioner
                    (1) The Commissioner may delegate to any other person
                        employed in the Department any power or duty of the

     page 38
                 Machinery of Government (Miscellaneous Amendments) Bill 2005
                             Consumer and Employment Protection                 Part 4

                                       Consumer Affairs Act 1971         Division 7

                                                                                 s. 77




                       Commissioner under a provision of this or any other
                       Act, other than this power of delegation.
                 (2)   The delegation must be in writing signed by the
                       Commissioner.
5                (3)   A person to whom a power or duty is delegated under
                       this section cannot delegate that power or duty.
                 (4)   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 in accordance with the terms of the
10                     delegation unless the contrary is shown.
                 (5)   Nothing in this section limits the ability of the
                       Commissioner to perform a function through an officer
                       or agent.
                                                                                   ".
15   77.         Section 24 replaced
                 Section 24 is repealed and the following section is inserted
                 instead --
     "
           24.         Information officially obtained to be confidential
20               (1) A person who misuses information obtained by reason
                     of any function that person has, or at any time had,
                     under or in accordance with this Act or any other Act
                     commits an offence.
                     Penalty: $20 000.
25               (2) A person misuses information if it is, directly or
                     indirectly, recorded, used, or disclosed to another
                     person, other than --
                       (a) in the course of duty;
                       (b) under this Act or any other Act;



                                                                           page 39
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 7     Consumer Affairs Act 1971
     s. 78




                      (c) for the purposes of the investigation of any
                             suspected offence or the conduct of
                             proceedings against any person for an offence;
                      (d) in a manner that could not reasonably be
5                            expected to lead to the identification of any
                             person to whom the information refers; or
                      (e) with the consent of the person to whom the
                             information relates, or each of them if there is
                             more than one.
10              (3) In this section --
                    "information" means information concerning the
                         affairs of a person.
                                                                                ".
     78.        Section 25 amended
15         (1) Section 25 is amended as follows:
                  (a) by inserting before "Subject" the subsection designation
                        "(1)";
                  (b) in paragraph (b) by inserting after "statement" --
                        " made or ";
20                (c) by inserting after "operations of the Committee or of the
                        Department" --
                "
                      or the administration of this Act or the Fair Trading
                      Act 1987
25                                                                            ".
           (2) At the end of section 25 the following subsections are
                inserted --
              "
                (2) No liability is incurred by a person for publishing in
30                    good faith --
                        (a) a statement referred to in subsection (1)(b); or
                        (b) a fair report or summary of such a statement.
     page 40
               Machinery of Government (Miscellaneous Amendments) Bill 2005
                           Consumer and Employment Protection             Part 4

                   Co-operative and Provident Societies Act 1903      Division 8

                                                                           s. 79




               (3) In this section --
                   "liability" includes liability for defamation.
                                                                                ".
           Division 8 --Co-operative and Provident Societies Act 1903
5    79.       The Act amended
               The amendments in this Division are to the Co-operative and
               Provident Societies Act 1903*.
               [* Reprinted as at 7 September 2001.
                  For subsequent amendments see Western Australian
10                Legislation Information Tables for 2004, Table 1, p. 66-7.]
     80.       Section 2 amended
               Section 2 is amended as follows:
                 (a) by inserting the following definitions in the appropriate
                      alphabetical positions --
15             "
                     "Department" means the department of the Public
                          Service principally assisting in the administration
                          of this Act;
                     "Registrar" means the person for the time being
20                        designated as the Registrar under section 67;
                                                                              ";
                 (b) in the definition of "The Minister" by deleting "being;"
                      and inserting instead --
                      " being. ";
25               (c) by deleting the definition of "The Registrar".




                                                                        page 41
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 8     Co-operative and Provident Societies Act 1903
     s. 81




     81.            Sections 67 to 71 inserted
                    After section 66 the following sections are inserted --
     "
              67.        Registrar
5                   (1) The Minister is required, by notice published in the
                        Gazette, to designate a person who is an executive
                        officer of the Department as the Registrar for the
                        purposes of this Act.
                    (2) The Registrar may be referred to by a title specified by
10                      the Minister by notice published in the Gazette.
                    (3) In this section --
                        "executive officer" has the meaning given by
                             section 3(1) of the Public Sector Management
                             Act 1994.
15            68.        Delegation by Registrar
                    (1) The Registrar may delegate to any other person
                        employed in the Department any power or duty of the
                        Registrar under another provision of this Act.
                    (2) The delegation must be in writing signed by the
20                      Registrar.
                    (3) A person to whom a power or duty is delegated under
                        this section cannot delegate that power or duty.
                    (4) A person exercising or performing a power or duty that
                        has been delegated to the person under this section is to
25                      be taken to do so in accordance with the terms of the
                        delegation unless the contrary is shown.
                    (5) Nothing in this section limits the ability of the
                        Registrar to perform a function through an officer or
                        agent.


     page 42
           Machinery of Government (Miscellaneous Amendments) Bill 2005
                       Consumer and Employment Protection             Part 4

               Co-operative and Provident Societies Act 1903      Division 8

                                                                           s. 81




     69.        Information officially obtained to be confidential
           (1) A person who misuses information obtained by reason
               of any function that person has, or at any time had, in
               the administration of this Act commits an offence.
5              Penalty: $20 000.
           (2) A person misuses information if it is, directly or
               indirectly, recorded, used, or disclosed to another
               person, other than --
                 (a) in the course of duty;
10               (b) under this Act;
                 (c) for the purposes of the investigation of any
                        suspected offence or the conduct of
                        proceedings against any person for an offence;
                 (d) in a manner that could not reasonably be
15                      expected to lead to the identification of any
                        person to whom the information refers; or
                 (e) with the consent of the person to whom the
                        information relates, or each of them if there is
                        more than one.
20         (3) In this section --
               "information" means information concerning the
                    affairs of a person.
     70.        Protection from liability for wrongdoing
           (1) A person is not liable for anything that the person has,
25             in good faith, done in the performance or purported
               performance of a function under this Act.
           (2) The State is also relieved of any liability that it might
               otherwise have had for another person having done
               anything as described in subsection (1).
30         (3) The protection given by this section applies even
               though the thing done as described in subsection (1)

                                                                     page 43
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 9     Credit Act 1984
     s. 82




                        may have been capable of being done whether or not
                        this Act had been enacted.
                    (4) In this section, a reference to the doing of anything
                        includes a reference to an omission to do anything.
5             71.        Judicial notice
                         All courts, judges and persons acting judicially shall
                         take judicial notice of the official signature of every
                         person who is for the time being and every person who
                         has at any time been the Registrar and of the fact that
10                       such person holds or has held such office.
                                                                                      ".
                               Division 9 --   Credit Act 1984
     82.            The Act amended
                    The amendments in this Division are to the Credit Act 1984*.
15                  [* Reprinted as at 6 April 2001.
                       For subsequent amendments see Western Australian
                       Legislation Information Tables for 2004, Table 1, p. 103-4.]
     83.            Section 5 amended
                    Section 5(1) is amended as follows:
20                    (a) by inserting the following definition in the appropriate
                           alphabetical position --
                    "
                          "Department" has the meaning given by section 4 of
                              the Credit (Administration) Act 1984;
25                                                                                    ";




     page 44
           Machinery of Government (Miscellaneous Amendments) Bill 2005
                       Consumer and Employment Protection              Part 4

                             Credit (Administration) Act 1984     Division 10

                                                                        s. 84




               (b) by deleting the definition of "Commissioner" and
                   inserting instead --
           "
                  "Commissioner" has the meaning given by section 4
5                      of the Credit (Administration) Act 1984;
                                                                            ".
           Division 10 -- Credit (Administration) Act 1984
     84.   The Act amended
           The amendments in this Division are to the Credit
10         (Administration) Act 1984*.
           [* Reprint 2 as at 6 August 2004.
              For subsequent amendments see Western Australian
              Legislation Information Tables for 2004, Table 1, p. 103.]
     85.   Section 4 amended
15         Section 4 is amended as follows:
             (a) by inserting the following definition in the appropriate
                  alphabetical position --
           "
                 "Department" means the department of the Public
20                    Service principally assisting in the administration
                      of this Act;
                                                                            ";
               (b) by deleting the definition of "Commissioner" and
                   inserting instead --
25         "
                  "Commissioner" means the person for the time being
                       designated as the Commissioner under section 53;
                                                                            ".




                                                                     page 45
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 10    Credit (Administration) Act 1984
     s. 86




     86.            Section 10 amended
                    Section 10(3) is amended by deleting "for Fair Trading" in the
                    3 places where it occurs.
     87.            Section 53 replaced
5                   Section 53 is repealed and the following sections are inserted
                    instead --
     "
              53.        Commissioner
                    (1) The Minister is required, by notice published in the
10                      Gazette, to designate a person who is an executive
                        officer of the Department as the Commissioner for the
                        purposes of the cognate Acts.
                    (2) The Commissioner may be referred to by a title
                        specified by the Minister by notice published in the
15                      Gazette.
                    (3) Without limiting any other functions of the
                        Commissioner for the purposes of the cognate Acts, the
                        Commissioner has the following functions --
                          (a) to investigate and conduct research into matters
20                              relating to the cognate Acts;
                          (b) to publish reports and disseminate information
                                on matters relating to the cognate Acts;
                          (c) to give advice to consumers on the provisions
                                of the cognate Acts;
25                        (d) to investigate and attempt to resolve complaints
                                arising under the cognate Acts and to take
                                action by negotiation, prosecution of any
                                offence or otherwise;
                          (e) to make reports to the Minister on matters of
30                              importance investigated by the Commissioner,
                                whether or not referred to the Commissioner by
                                the Minister.
     page 46
                Machinery of Government (Miscellaneous Amendments) Bill 2005
                            Consumer and Employment Protection             Part 4

                                  Credit (Administration) Act 1984   Division 10

                                                                             s. 88




                (4) In this section --
                      "executive officer" has the meaning given by
                          section 3(1) of the Public Sector Management
                          Act 1994.
5            53A.     Delegation by Commissioner
                (1) The Commissioner may delegate to any other person
                    employed in the Department any power or duty of the
                    Commissioner under another provision of the cognate
                    Acts.
10              (2) The delegation must be in writing signed by the
                    Commissioner.
                (3) A person to whom a power or duty is delegated under
                    this section cannot delegate that power or duty.
                (4) A person exercising or performing a power or duty that
15                  has been delegated to the person under this section is to
                    be taken to do so in accordance with the terms of the
                    delegation unless the contrary is shown.
                (5) Nothing in this section limits the ability of the
                    Commissioner to perform a function through an officer
20                  or agent.
             53B.     Judicial notice
                      All courts, judges and persons acting judicially shall
                      take judicial notice of the official signature of every
                      person who is for the time being and every person who
25                    has at any time been the Commissioner and of the fact
                      that such person holds or has held such office.
                                                                                ".
     88.        Section 54 amended
           (1) Section 54(1) is amended by deleting "an authorised officer
30             appointed under the Consumer Affairs Act 1971,".

                                                                         page 47
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 10    Credit (Administration) Act 1984
     s. 89




           (2) Section 54(2) is amended by deleting ", or an authorised officer
               or" and inserting instead --
               " or an ".
           (3) Section 54(3)(a) is amended by deleting "officer" and inserting
5              instead --
               " person ".
     89.        Section 56 amended
           (1) Section 56(1) is amended as follows:
                  (a) in paragraph (c) by inserting after "Commissioner" --
10                      " or a delegate of the Commissioner ";
                  (b) in paragraph (d) by deleting "54(1) or".
           (2) Section 56(2) is repealed and the following subsections are
                inserted instead --
              "
15              (2) A person to whom this section applies shall not misuse
                      information obtained by reason of any function that
                      person has, or at any time had, in the administration of
                      the cognate Acts.
                      Penalty: $20 000.
20              (3) A person misuses information if it is, directly or
                      indirectly, recorded, used or disclosed to another
                      person, other than --
                        (a) in the course of duty;
                        (b) under --
25                              (i) the cognate Acts, the Consumer Affairs
                                      Act 1971, the State Administrative
                                      Tribunal Act 2004; or




     page 48
             Machinery of Government (Miscellaneous Amendments) Bill 2005
                         Consumer and Employment Protection              Part 4

                               Credit (Administration) Act 1984     Division 10

                                                                             s. 90




                            (ii) the corresponding Acts, or proposed
                                  laws, of the legislature of the
                                  Commonwealth or of another State or of
                                  a Territory;
5                  (c) for the purposes of the investigation of any
                          suspected offence or the conduct of
                          proceedings against any person for an offence;
                   (d) in a manner that could not reasonably be
                          expected to lead to the identification of any
10                        person to whom the information refers; or
                   (e) with the consent of the person to whom the
                          information relates, or each of them if there is
                          more than one.
             (4) In this section --
15               "information" means information concerning the
                      affairs of a person.
                                                                               ".
     90.     Section 56A inserted
             After section 56 the following section is inserted --
20   "
           56A.   Protection from liability for wrongdoing
             (1) A person is not liable for anything that the person has,
                 in good faith, done in the performance or purported
                 performance of a function under this Act.
25           (2) The State is also relieved of any liability that it might
                 otherwise have had for another person having done
                 anything as described in subsection (1).
             (3) The protection given by this section applies even
                 though the thing done as described in subsection (1)
30               may have been capable of being done whether or not
                 this Act had been enacted.

                                                                       page 49
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 11    Employment Agents Act 1976
     s. 91




               (4) In this section, a reference to the doing of anything
                   includes a reference to an omission to do anything.
                                                                                 ".
                   Division 11 --    Employment Agents Act 1976
5    91.       The Act amended
               The amendments in this Division are to the Employment Agents
               Act 1976*.
               [* Reprinted as at 26 October 2001.
                  For subsequent amendments see Western Australian
10                Legislation Information Tables for 2004, Table 1, p. 141.]
     92.       Section 4 amended
               Section 4(1) is amended as follows:
                 (a) by deleting the definition of "Commissioner" and
                      inserting instead --
15             "
                     "Commissioner" means the person for the time being
                         designated as the Commissioner under section 9A;
                                                                              ";
                   (b) by deleting the definition of "Department" and inserting
20                     instead --
               "
                      "Department" means the department of the Public
                           Service principally assisting in the administration
                           of this Act;
25                                                                               ".




     page 50
                 Machinery of Government (Miscellaneous Amendments) Bill 2005
                             Consumer and Employment Protection             Part 4

                                    Employment Agents Act 1976         Division 11

                                                                              s. 93




     93.         Section 9A inserted
                 After section 9 the following section is inserted --
     "
           9A.        Commissioner
5                (1) The Minister is required, by notice published in the
                     Gazette, to designate a person who is an executive
                     officer of the Department as the Commissioner for the
                     purposes of this Act.
                 (2) The Commissioner may be referred to by a title
10                   specified by the Minister by notice published in the
                     Gazette.
                 (3) In this section --
                     "executive officer" has the meaning given by
                          section 3(1) of the Public Sector Management
15                        Act 1994.
                                                                                  ".
     94.         Section 48 replaced
                 Section 48 is repealed and the following sections are inserted
                 instead --
20   "
           48.        Information officially obtained to be confidential
                 (1) A person who misuses information obtained by reason
                     of any function that person has, or at any time had, in
                     the administration of this Act commits an offence.
25                   Penalty: $20 000.
                 (2) A person misuses information if it is, directly or
                     indirectly, recorded, used, or disclosed to another
                     person, other than --
                       (a) in the course of duty;
30                     (b) under this Act;

                                                                          page 51
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 11    Employment Agents Act 1976
     s. 94




                      (c) for the purposes of the investigation of any
                             suspected offence or the conduct of
                             proceedings against any person for an offence;
                      (d) in a manner that could not reasonably be
5                            expected to lead to the identification of any
                             person to whom the information refers; or
                      (e) with the consent of the person to whom the
                             information relates, or each of them if there is
                             more than one.
10              (3) In this section --
                    "information" means information concerning the
                         affairs of a person.
              48A.   Delegation by Commissioner
                (1) The Commissioner may delegate to any other person
15                  employed in the Department any power or duty of the
                    Commissioner under another provision of this Act.
                (2) The delegation must be in writing signed by the
                    Commissioner.
                (3) A person to whom a power or duty is delegated under
20                  this section cannot delegate that power or duty.
                (4) 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 in accordance with the terms of the
                    delegation unless the contrary is shown.
25              (5) Nothing in this section limits the ability of the
                    Commissioner to perform a function through an officer
                    or agent.
                                                                                ".




     page 52
             Machinery of Government (Miscellaneous Amendments) Bill 2005
                         Consumer and Employment Protection               Part 4

                                       Fair Trading Act 1987        Division 12

                                                                           s. 95




     95.     Section 49A inserted
             After section 49 the following section is inserted --
     "
           49A.      Judicial notice
5                    All courts, judges and persons acting judicially shall
                     take judicial notice of the official signature of every
                     person who is for the time being and every person who
                     has at any time been the Commissioner and of the fact
                     that such person holds or has held such office.
10                                                                             ".
                      Division 12 --    Fair Trading Act 1987
     96.     The Act amended
             The amendments in this Division are to the Fair Trading
             Act 1987*.
15           [* Reprinted as at 16 November 2001.
                For subsequent amendments see Western Australian
                Legislation Information Tables for 2004, Table 1, p. 154-5.]
     97.     Section 5 amended
             Section 5(1) is amended as follows:
20             (a) by deleting the definition of "Commissioner" and
                    inserting instead --
             "
                   "Commissioner" has the meaning given by
                       section 4(1) of the Consumer Affairs Act 1971;
25                                                                           ";
                  (b) by deleting the definition of "Department" and inserting
                      instead --
             "
                     "Department" has the meaning given by section 4(1)
30                        of the Consumer Affairs Act 1971;
                                                                               ";
                                                                        page 53
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 13    Hire-Purchase Act 1959
     s. 98




                   (c) by deleting the definition of "investigator".
     98.       Section 73 amended
               Section 73(10)(a) is amended by deleting "of Consumer
               Affairs".
5    99.       Section 75 amended
               Section 75(1)(b) is amended by deleting "Commissioner" and
               inserting instead --
               " Minister ".
                      Division 13 --    Hire-Purchase Act 1959
10   100.      The Act amended
               The amendments in this Division are to the Hire-Purchase
               Act 1959*.
               [* Reprint 6 as at 2 July 2004.
                  For subsequent amendments see Western Australian
15                Legislation Information Tables for 2004, Table 1, p. 204-5.]
     101.      Section 2 amended
               Section 2(1) is amended as follows:
                 (a) by inserting the following definition in the appropriate
                      alphabetical position --
20             "
                     "Department" means the department of the Public
                         Service principally assisting in the administration
                         of this Act;
                                                                                 ";




     page 54
              Machinery of Government (Miscellaneous Amendments) Bill 2005
                          Consumer and Employment Protection              Part 4

                                      Hire-Purchase Act 1959       Division 13

                                                                          s. 102




                   (b) by deleting the definition of "Commissioner" and
                       inserting instead --
              "
                      "Commissioner" means the person for the time being
5                          designated as the Commissioner under
                           section 23A;
                                                                              ";
                   (c) by deleting the definition of "Deputy Commissioner".
     102.     Section 23W replaced
10            Section 23W is repealed and the following sections are inserted
              instead --
     "
            23A.      Commissioner
              (1) The Minister is required, by notice published in the
15                Gazette, to designate a person who is an executive
                  officer of the Department as the Commissioner for the
                  purposes of this Act.
              (2) The Commissioner may be referred to by a title
                  specified by the Minister by notice published in the
20                Gazette.
              (3) In this section --
                  "executive officer" has the meaning given by
                       section 3(1) of the Public Sector Management
                       Act 1994.
25          23B.      Delegation by Commissioner
              (1) The Commissioner may delegate to any other person
                  employed in the Department any power or duty of the
                  Commissioner under another provision of this Act.
              (2) The delegation must be in writing signed by the
30                Commissioner.

                                                                      page 55
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 14    Limited Partnerships Act 1909
     s. 103




                (3) A person to whom a power or duty is delegated under
                    this section cannot delegate that power or duty.
                (4) A person exercising or performing a power or duty that
                    has been delegated to the person under this section is to
5                   be taken to do so in accordance with the terms of the
                    delegation unless the contrary is shown.
                (5) Nothing in this section limits the ability of the
                    Commissioner to perform a function through an officer
                    or agent.
10                                                                                 ".
     103.       Section 36C replaced
                Section 36C is repealed and the following section is inserted
                instead --
     "
15            36C.     Application of certain provisions of the Consumer
                       Affairs Act 1971
                       Sections 19, 20, 21, 22, 23A, 24 and 25 of the
                       Consumer Affairs Act 1971 apply, with such
                       modifications as are necessary, to and in relation to the
20                     functions of the Commissioner and persons and matters
                       affected by the exercise of those functions as if the
                       sections were part of this Act.
                                                                                   ".
                     Division 14 --   Limited Partnerships Act 1909
25   104.       The Act amended
                The amendments in this Division are to the Limited
                Partnerships Act 1909*.
                [* Reprint 3 as at 6 June 2003.
                   For subsequent amendments see Western Australian
30                 Legislation Information Tables for 2004, Table 1, p. 253.]


     page 56
                  Machinery of Government (Miscellaneous Amendments) Bill 2005
                              Consumer and Employment Protection                 Part 4

                                    Motor Vehicle Dealers Act 1973      Division 15

                                                                                 s. 105




     105.         Section 15 replaced
                  Section 15 is repealed and the following section is inserted
                  instead --
     "
5           15.         Registrar of limited partnerships
                  (1) The Minister is required, by notice published in the
                      Gazette, to designate a person who is an executive
                      officer of the department principally assisting in the
                      administration of this Act as the Registrar for the
10                    purposes of this Act.
                  (2) The Registrar may be referred to by a title specified by
                      the Minister by notice published in the Gazette.
                  (3) Sections 19, 20, 21, 22, 23, 23A, 24 and 25 of the
                      Consumer Affairs Act 1971 apply, with such
15                    modifications as are necessary, to and in relation to the
                      functions of the Registrar and persons and matters
                      affected by the exercise of those functions as if the
                      sections were part of this Act.
                  (4) In this section --
20                    "executive officer" has the meaning given by
                           section 3(1) of the Public Sector Management
                           Act 1994.
                                                                                    ".
                   Division 15 -- Motor Vehicle Dealers Act 1973
25   106.         The Act amended
                  The amendments in this Division are to the Motor Vehicle
                  Dealers Act 1973*.
                  [* Reprinted as at 14 November 1996.
                     For subsequent amendments see Western Australian
30                   Legislation Information Tables for 2004, Table 1, p. 300.]

                                                                            page 57
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 15    Motor Vehicle Dealers Act 1973
     s. 107




     107.       Section 5 amended
                Section 5(1) is amended as follows:
                  (a) by inserting the following definition in the appropriate
                       alphabetical position --
5               "
                      "Department" means the department of the Public
                          Service principally assisting in the administration
                          of this Act;
                                                                                 ";
10                  (b) by deleting the definition of "Commissioner" and
                        inserting instead --
                "
                       "Commissioner" means the person for the time being
                            designated as the Commissioner under
15                          section 5AA;
                                                                                 ".
     108.       Section 5AA inserted
                After section 5A the following section is inserted --
     "
20            5AA.     Commissioner
                (1) The Minister is required, by notice published in the
                    Gazette, to designate a person who is an executive
                    officer of the Department as the Commissioner for the
                    purposes of this Act and the Motor Vehicle Repairers
25                  Act 2003.
                (2) The Commissioner may be referred to by a title
                    specified by the Minister by notice published in the
                    Gazette.




     page 58
             Machinery of Government (Miscellaneous Amendments) Bill 2005
                         Consumer and Employment Protection             Part 4

                             Motor Vehicle Repairers Act 2003      Division 16

                                                                        s. 109




            (3) In this section --
                  "executive officer" has the meaning given by
                       section 3(1) of the Public Sector Management
                       Act 1994.
5                                                                           ".
     109.   Section 6 amended
       (1) Section 6(1) is repealed and the following subsection is inserted
            instead --
          "
10          (1) Sections 19, 20, 21, 22, 23, 23A, 24 and 25 of the
                  Consumer Affairs Act 1971 apply, with such
                  modifications as are necessary, to and in relation to the
                  functions of the Commissioner and persons and matters
                  affected by the exercise of those functions as if the
15                sections were part of this Act.
                                                                            ".
       (2) Section 6(2) is amended by deleting "Permanent Head of the
            Department within the meaning of the Consumer Affairs
            Act 1971" and inserting instead --
20          " chief executive officer of the Department ".
       (3) Section 6(3) is amended by inserting after "Act 1971" --
            " (as applied by subsection (1)) ".
             Division 16 --Motor Vehicle Repairers Act 2003
     110.   The Act amended
25          The amendments in this Division are to the Motor Vehicle
            Repairers Act 2003*.
            [* Act No. 68 of 2003.
               For subsequent amendments see Western Australian
               Legislation Information Tables for 2004, Table 1, p. 301.]


                                                                      page 59
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 17    Petroleum Products Pricing Act 1983
     s. 111




     111.          Section 3 amended
                   Section 3(1) is amended by deleting the definition of
                   "Commissioner" and inserting instead --
                   "
5                        "Commissioner" has the meaning given to that term in
                             section 5(1) of the Motor Vehicle Dealers
                             Act 1973;
                                                                                     ".
     112.          Section 7 replaced
10                 Section 7 is repealed and the following section is inserted
                   instead --
     "
              7.         Commissioner's powers
                         Sections 19, 20, 21, 22, 23, 23A, 24 and 25 of the
15                       Consumer Affairs Act 1971 apply, with such
                         modifications as are necessary, to and in relation to the
                         functions of the Commissioner and persons and matters
                         affected by the exercise of those functions as if the
                         sections were part of this Act.
20                                                                                   ".
               Division 17 --   Petroleum Products Pricing Act 1983
     113.          The Act amended
                   The amendments in this Division are to the Petroleum Products
                   Pricing Act 1983*.
25                 [* Reprinted as at 11 January 2002.
                      For subsequent amendments see Western Australian
                      Legislation Information Tables for 2004, Table 1, p. 337.]




     page 60
                 Machinery of Government (Miscellaneous Amendments) Bill 2005
                             Consumer and Employment Protection                Part 4

                               Petroleum Products Pricing Act 1983      Division 17

                                                                               s. 114




     114.        Section 3 amended
                 Section 3(1) is amended as follows:
                   (a) by inserting the following definition in the appropriate
                        alphabetical position --
5                "
                       "Department" means the department of the Public
                           Service principally assisting in the administration
                           of this Act;
                                                                                  ";
10                   (b) by deleting the definition of "Commissioner" and
                         inserting instead --
                 "
                        "Commissioner" means the person for the time being
                             designated as the Commissioner under section 5;
15                                                                                ".
     115.        Section 5 replaced
                 Section 5 is repealed and the following section is inserted
                 instead --
     "
20          5.          Commissioner
                 (1) The Minister is required, by notice published in the
                     Gazette, to designate a person who is an executive
                     officer of the Department as the Commissioner for the
                     purposes of this Act and the Petroleum Retailers Rights
25                   and Liabilities Act 1982.
                 (2) The Commissioner may be referred to by a title
                     specified by the Minister by notice published in the
                     Gazette.




                                                                           page 61
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 17    Petroleum Products Pricing Act 1983
     s. 116




               (3) In this section --
                     "executive officer" has the meaning given by
                         section 3(1) of the Public Sector Management
                         Act 1994.
5                                                                                ".
     116.      Section 7 amended
        (1) Section 7(1) is amended as follows:
              (a) by deleting "under this Act";
              (b) in paragraph (a) by inserting after "generally" --
10                  " and ";
              (c) in paragraphs (a) and (b) by inserting after "this Act" --
                    "
                          and the Petroleum Retailers Rights and
                          Liabilities Act 1982
15                                                                         ".
        (2) Section 7(4) is amended by inserting after "this Act" --
            "
                  and the Petroleum Retailers Rights and Liabilities
                  Act 1982
20                                                                         ".
        (3) Section 7(5) is repealed.
     117.      Section 23 amended
               Section 23(1), (2) and (3) are amended by inserting after "this
               Act" in each place where it occurs --
25             "
                     or the Petroleum Retailers Rights and Liabilities
                     Act 1982
                                                                                 ".



     page 62
            Machinery of Government (Miscellaneous Amendments) Bill 2005
                        Consumer and Employment Protection             Part 4

                          Petroleum Products Pricing Act 1983     Division 17

                                                                       s. 118




     118.   Section 24 amended
            Section 24(2) is amended by inserting after "this Act" in the
            second place where it occurs --
            "
5                 or the Petroleum Retailers Rights and Liabilities
                  Act 1982
                                                                            ".
     119.   Section 26 amended
            Section 26 is amended by inserting after "this Act" --
10          "
                  or the Petroleum Retailers Rights and Liabilities
                  Act 1982
                                                                            ".
     120.   Section 27A amended
15          Section 27A(1) and (4) are amended by inserting after "this
            Act" in each place where it occurs --
            "
                  or the Petroleum Retailers Rights and Liabilities
                  Act 1982
20                                                                          ".
     121.   Section 27B amended
            Section 27B is amended by inserting after "this Act" in both
            places where it occurs --
            "
25                or the Petroleum Retailers Rights and Liabilities
                  Act 1982
                                                                            ".




                                                                      page 63
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 17    Petroleum Products Pricing Act 1983
     s. 122




     122.      Section 28 amended
               Section 28 is amended as follows:
                 (a) in paragraph (a) by deleting "within the meaning of the
                       Consumer Affairs Act 1971";
5                (b) by inserting after "this Act" --
               "
                     or the Petroleum Retailers Rights and Liabilities
                     Act 1982
                                                                                ".
10   123.      Section 29 amended
               Section 29 is amended by inserting after "this Act" --
               "
                     or the Petroleum Retailers Rights and Liabilities
                     Act 1982
15                                                                              ".
     124.      Section 31 amended
               Section 31 is amended by inserting after "this Act" --
               "
                     or the Petroleum Retailers Rights and Liabilities
20                   Act 1982
                                                                                ".
     125.      Section 31H amended
               Section 31H(3) is amended in the definition of "officer" by
               deleting "referred to in section 5(2)(a) or (b)" and inserting
25             instead --
               " of the Department ".




     page 64
              Machinery of Government (Miscellaneous Amendments) Bill 2005
                          Consumer and Employment Protection             Part 4

                            Petroleum Products Pricing Act 1983     Division 17

                                                                         s. 126




     126.     Sections 32A to 32C inserted
              After section 32 the following sections are inserted --
     "
            32A.   Delegation by Commissioner
5             (1) The Commissioner may delegate to any other person
                  employed in the Department any power or duty of the
                  Commissioner under another provision of this Act or
                  the Petroleum Retailers Rights and Liabilities
                  Act 1982.
10            (2) The delegation must be in writing signed by the
                  Commissioner.
              (3) A person to whom a power or duty is delegated under
                  this section cannot delegate that power or duty.
              (4) A person exercising or performing a power or duty that
15                has been delegated to the person under this section is to
                  be taken to do so in accordance with the terms of the
                  delegation unless the contrary is shown.
              (5) Nothing in this section limits the ability of the
                  Commissioner to perform a function through an officer
20                or agent.
            32B.   Protection from liability for wrongdoing
              (1) A person is not liable for anything that the person has,
                  in good faith, done in the performance or purported
                  performance of a function under this Act or the
25                Petroleum Retailers Rights and Liabilities Act 1982.
              (2) The State is also relieved of any liability that it might
                  otherwise have had for another person having done
                  anything as described in subsection (1).
              (3) The protection given by this section applies even
30                though the thing done as described in subsection (1)
                  may have been capable of being done whether or not

                                                                        page 65
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 17    Petroleum Products Pricing Act 1983
     s. 127




                    this Act or the Petroleum Retailers Rights and
                    Liabilities Act 1982 had been enacted.
                (4) In this section, a reference to the doing of anything
                    includes a reference to an omission to do anything.
5             32C.      Judicial notice
                        All courts, judges and persons acting judicially shall
                        take judicial notice of the official signature of every
                        person who is for the time being and every person who
                        has at any time been the Commissioner and of the fact
10                      that such person holds or has held such office.
                                                                                  ".
     127.       Section 33 amended
        (1) Section 33(1) is amended as follows:
              (a) by deleting "an officer referred to in section 5(2)" and
15                  inserting instead --
                    " an officer of the Department ";
              (b) by inserting after "this Act" --
            "
                  or the Petroleum Retailers Rights and Liabilities
20                Act 1982
                                                                                  ".
        (2) Section 33(2) is amended as follows:
              (a) in paragraph (a) by inserting after "this Act" in both
                    places where it occurs --
25          "
                  or the Petroleum Retailers Rights and Liabilities
                  Act 1982
                                                                                  ";
                     (b) in paragraph (d) by deleting "the Consumer Affairs
30                       Act 1971" and inserting instead --
                         " another Act administered by the Minister ".
     page 66
               Machinery of Government (Miscellaneous Amendments) Bill 2005
                           Consumer and Employment Protection             Part 4

                Petroleum Retailers Rights and Liabilities Act 1982 Division 18

                                                                          s. 128




            Division 18 --    Petroleum Retailers Rights and Liabilities
                                     Act 1982
     128.      The Act amended
               The amendments in this Division are to the Petroleum Retailers
5              Rights and Liabilities Act 1982*.
               [* Reprinted as at 22 November 2002.
                  For subsequent amendments see Western Australian
                  Legislation Information Tables for 2004, Table 1, p. 337.]
     129.      Section 3 amended
10             Section 3(1) is amended as follows:
                 (a) by inserting the following definition in the appropriate
                      alphabetical position --
               "
                     "Department" has the meaning given by section 3 of
15                       the Petroleum Products Pricing Act 1983;
                                                                                ";
                   (b) by deleting the definition of "Commissioner" and
                       inserting instead --
               "
20                    "Commissioner" has the meaning given by section 3
                           of the Petroleum Products Pricing Act 1983;
                                                                                ".
            Division 19 --Real Estate and Business Agents Act 1978
     130.      The Act amended
25             The amendments in this Division are to the Real Estate and
               Business Agents Act 1978*.
               [* Reprint 5 as at 8 April 2005.
                  For subsequent amendments see Acts Nos. 59 and 84 of
                  2004.]

                                                                         page 67
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 20    Residential Tenancies Act 1987
     s. 131




     131.      Sections 131H and 131K amended
               Sections 131H(2)(c) and (3)(c) and 131K(2)(b) are amended by
               deleting "The State Housing Commission" in each place where
               it occurs and inserting instead --
5              " the Housing Authority ".
                              Residential Tenancies Act 1987
                   Division 20 --


     132.      The Act amended
               The amendments in this Division are to the Residential
               Tenancies Act 1987*.
10             [* Reprinted as at 22 January 1999.
                  For subsequent amendments see Western Australian
                  Legislation Information Tables for 2004, Table 1, p. 384-5.]
     133.      Section 3 amended
               Section 3 is amended as follows:
15               (a) by deleting the definition of "Commissioner" and
                      inserting instead --
               "
                     "Commissioner" means the person for the time being
                          designated as the Commissioner under section 7A;
20                                                                            ";
                   (b) by deleting the definition of "Department" and inserting
                       instead --
               "
                      "Department" means the department of the Public
25                         Service principally assisting in the administration
                           of this Act;
                                                                                 ".




     page 68
              Machinery of Government (Miscellaneous Amendments) Bill 2005
                          Consumer and Employment Protection                         Part 4

                                Residential Tenancies Act 1987                 Division 20

                                                                                     s. 134




     134.     Section 7A inserted
              Before section 8 the following section is inserted in Part II --
     "
            7A.       Commissioner
5             (1) The Minister is required, by notice published in the
                  Gazette, to designate a person who is an executive
                  officer of the Department as the Commissioner for the
                  purposes of this Act.
              (2) The Commissioner may be referred to by a title
10                specified by the Minister by notice published in the
                  Gazette.
              (3) In this section --
                  "executive officer" has the meaning given by
                       section 3(1) of the Public Sector Management
15                     Act 1994.
                                                                                          ".
     135.     Section 8 amended
         (1) Section 8(1) is amended as follows:
              (a) by deleting "Without limiting section 17 of the
20                  Consumer Affairs Act 1971, the Department" and
                    inserting instead --
                    " The Commissioner ";
              (b) in paragraph (e) by deleting "Department" in both places
                    where it occurs and inserting instead --
25                  " Commissioner ";
              (c) in paragraph (e) by deleting "it" and inserting instead --
                    " the Commissioner ".
         (2) Section 8(2) is repealed.
              Note:                                                    Functions of the
                      The heading to section 8 will be altered to read "
30                    Commissioner    ".




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     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 20    Residential Tenancies Act 1987
     s. 136




     136.       Sections 11A and 11B inserted
                After section 11 the following sections are inserted in Part II --
     "
              11A.    Information officially obtained to be confidential
5               (1) A person who misuses information obtained by reason
                    of any function that person has, or at any time had, in
                    the administration of this Act commits an offence.
                    Penalty: $20 000.
                (2) A person misuses information if it is, directly or
10                  indirectly, recorded, used, or disclosed to another
                    person, other than --
                      (a) in the course of duty;
                      (b) under this Act;
                      (c) for the purposes of the investigation of any
15                           suspected offence or the conduct of
                             proceedings against any person for an offence;
                      (d) in a manner that could not reasonably be
                             expected to lead to the identification of any
                             person to whom the information refers; or
20                    (e) with the consent of the person to whom the
                             information relates, or each of them if there is
                             more than one.
                (3) In this section --
                    "information" means information concerning the
25                       affairs of a person.
              11B.    Application of certain provisions of the Consumer
                      Affairs Act 1971
                      Sections 19, 20, 21, 22 and 23A of the Consumer
                      Affairs Act 1971 apply, with such modifications as are
30                    necessary, to and in relation to the functions of the
                      Commissioner and persons and matters affected by the

     page 70
            Machinery of Government (Miscellaneous Amendments) Bill 2005
                        Consumer and Employment Protection                Part 4

                                Retirement Villages Act 1992        Division 21

                                                                          s. 137




                   exercise of those functions as if the sections were part
                   of this Act.
                                                                              ".
     137.   Schedule 1 amended
5           Schedule 1 clause 3(1) is amended by deleting "and kept at
            Treasury".
                 Division 21 --   Retirement Villages Act 1992
     138.   The Act amended
            The amendments in this Division are to the Retirement Villages
10          Act 1992*.
            [* Reprint 2 as at 1 April 2005.]
     139.   Section 3 amended
            Section 3 is amended as follows:
              (a) by deleting the definition of "Commissioner" and
15                 inserting instead --
            "
                  "Commissioner" means the person for the time being
                       designated as the Commissioner under section 7A;
                                                                           ";
20              (b) by deleting the definition of "Department" and inserting
                    instead --
            "
                   "Department" means the department of the Public
                        Service principally assisting in the administration
25                      of this Act;
                                                                              ".




                                                                        page 71
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 21    Retirement Villages Act 1992
     s. 140




     140.       Section 7A inserted
                Before section 8 the following section is inserted in Part 2 --
     "
              7A.       Commissioner
5               (1) The Minister is required, by notice published in the
                    Gazette, to designate a person who is an executive
                    officer of the Department as the Commissioner for the
                    purposes of this Act.
                (2) The Commissioner may be referred to by a title
10                  specified by the Minister by notice published in the
                    Gazette.
                (3) In this section --
                    "executive officer" has the meaning given by
                         section 3(1) of the Public Sector Management
15                       Act 1994.
                                                                                            ".
     141.       Section 8 amended
         (1) Section 8(1) is amended as follows:
              (a) by deleting "Without limiting section 17 of the
20                  Consumer Affairs Act 1971, the Department" and
                    inserting instead --
                    " The Commissioner ";
              (b) in paragraph (e) by deleting "Department" in both places
                    where it occurs and inserting instead --
25                  " Commissioner ";
              (c) in paragraph (e) by deleting "it" and inserting instead --
                    " the Commissioner ".
         (2) Section 8(2) is repealed.
                Note:                                                    Functions of the
                        The heading to section 8 will be altered to read "
30                      Commissioner    ".




     page 72
              Machinery of Government (Miscellaneous Amendments) Bill 2005
                          Consumer and Employment Protection             Part 4

                                  Retirement Villages Act 1992      Division 21

                                                                         s. 142




     142.     Sections 11A and 11B inserted
              After section 11 the following sections are inserted --
     "
            11A.   Information officially obtained to be confidential
5             (1) A person who misuses information obtained by reason
                  of any function that person has, or at any time had, in
                  the administration of this Act commits an offence.
                  Penalty: $20 000.
              (2) A person misuses information if it is, directly or
10                indirectly, recorded, used, or disclosed to another
                  person, other than --
                    (a) in the course of duty;
                    (b) under this Act;
                    (c) for the purposes of the investigation of any
15                         suspected offence or the conduct of
                           proceedings against any person for an offence;
                    (d) in a manner that could not reasonably be
                           expected to lead to the identification of any
                           person to whom the information refers; or
20                  (e) with the consent of the person to whom the
                           information relates, or each of them if there is
                           more than one.
              (3) In this section --
                  "information" means information concerning the
25                     affairs of a person.
            11B.   Application of certain provisions of the Consumer
                   Affairs Act 1971
                   Sections 19, 20, 21, 22 and 23A of the Consumer
                   Affairs Act 1971 apply, with such modifications as are
30                 necessary, to and in relation to the functions of the
                   Commissioner and persons and matters affected by the

                                                                       page 73
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 22    Travel Agents Act 1985
     s. 143




                     exercise of those functions as if the sections were part
                     of this Act.
                                                                                 ".
     143.      Sections 57 and 58 amended
5              Sections 57(6)(a) and 58(3)(a) are amended by deleting
               "Department of Health" and inserting instead --
               "
                     Department as defined in section 3 of the Health
                     Legislation Administration Act 1984
10                                                                               ".
     144.      Section 78 repealed
               Section 78 is repealed.
                     Division 22 --       Travel Agents Act 1985
     145.      The Act amended
15             The amendments in this Division are to the Travel Agents
               Act 1985*.
               [* Reprint 2 as at 6 June 2003.
                  For subsequent amendments see Western Australian
                  Legislation Information Tables for 2004, Table 1, p. 465-6.]
20   146.      Section 3 amended
               Section 3(1) is amended as follows:
                 (a) by inserting the following definitions in the appropriate
                      alphabetical positions --
               "
25                   "Commissioner" means the person for the time being
                         designated as the Commissioner under
                         section 49A;



     page 74
              Machinery of Government (Miscellaneous Amendments) Bill 2005
                          Consumer and Employment Protection                 Part 4

                                       Travel Agents Act 1985          Division 22

                                                                             s. 147




                      "Department" means the department of the Public
                           Service principally assisting in the administration
                           of this Act;
                                                                                 ";
5                  (b) by deleting the definition of "the Commissioner".
     147.     Section 49A inserted
              After section 49 the following section is inserted --
     "
            49A.      Commissioner
10            (1) The Minister is required, by notice published in the
                  Gazette, to designate a person who is an executive
                  officer of the Department as the Commissioner for the
                  purposes of this Act.
              (2) The Commissioner may be referred to by a title
15                specified by the Minister by notice published in the
                  Gazette.
              (3) In this section --
                  "executive officer" has the meaning given by
                       section 3(1) of the Public Sector Management
20                     Act 1994.
                                                                                 ".
     148.     Section 50 amended
              Section 50(1) is amended by deleting "an officer appointed
              under section 15(1) of the Consumer Affairs Act 1971 to assist
25            the Commissioner" and inserting instead --
              " an officer of the Department ".




                                                                           page 75
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 22    Travel Agents Act 1985
     s. 149




     149.       Section 50A inserted
                After section 50 the following section is inserted --
     "
              50A.   Protection from liability for wrongdoing
5               (1) A person is not liable for anything that the person has,
                    in good faith, done in the performance or purported
                    performance of a function under this Act.
                (2) The State is also relieved of any liability that it might
                    otherwise have had for another person having done
10                  anything as described in subsection (1).
                (3) The protection given by this section applies even
                    though the thing done as described in subsection (1)
                    may have been capable of being done whether or not
                    this Act had been enacted.
15              (4) In this section, a reference to the doing of anything
                    includes a reference to an omission to do anything.
                                                                                ".
     150.       Section 52 amended
         (1) Section 52(2) is amended by deleting "$2 000" and inserting
20           instead --
             " $20 000 ".
         (2) Section 52(3) is amended as follows:
               (a) by deleting paragraphs (a) and (b) and "or" after
                     paragraph (b) and inserting the following paragraphs
25                   instead --
                  "
                     (a) in the course of duty;
                     (b) under this Act;
                                                                                ";


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            Machinery of Government (Miscellaneous Amendments) Bill 2005
                        Consumer and Employment Protection              Part 4

                                      Transitional provisions     Division 23

                                                                        s. 151




              (b) after paragraph (c) by deleting the full stop and inserting
                  instead --
                "
                         ;
5                 (d) for the purposes of the investigation of any
                         suspected offence or the conduct of
                         proceedings against any person for an offence;
                  (e) in a manner that could not reasonably be
                         expected to lead to the identification of any
10                       person to whom the information refers; or
                   (f) with the consent of the person to whom the
                         information relates, or each of them if there is
                         more than one.
                                                                            ".
15                Division 23 -- Transitional provisions


     151.   Commissioner for Fair Trading
       (1) On commencement, the person holding the office of
           Commissioner for Fair Trading immediately before
           commencement is to be taken to have been designated as the
20         Commissioner or Registrar (as the case requires) for the
           purposes of each of the following enactments --
             (a) the Associations Incorporation Act 1987;
             (b) the Business Names Act 1962;
             (c) the Chattel Securities Act 1987;
25           (d) the Companies (Co-operative) Act 1943;
             (e) Part 8 of the Competition Policy Reform (Western
                  Australia) Act 1996;
              (f) the Consumer Affairs Act 1971;
             (g) the Co-operative and Provident Societies Act 1903;
30           (h) the Credit Act 1984;
              (i) the Credit (Administration) Act 1984;

                                                                      page 77
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 23    Transitional provisions
     s. 151




                (j) the Employment Agents Act 1976;
               (k) the Hire-Purchase Act 1959;
                (l) the Limited Partnerships Act 1909;
              (m) the Motor Vehicle Dealers Act 1973;
5              (n) the Petroleum Products Pricing Act 1983;
               (o) the Petroleum Retailers Rights and Liabilities Act 1982;
               (p) the Residential Tenancies Act 1987;
               (q) the Retirement Villages Act 1992;
                (r) the Travel Agents Act 1985.
10      (2) A thing done or omitted to be done by, to or in relation to, the
            Commissioner for Fair Trading (including in his or her capacity
            as the Prices Commissioner) before commencement under a
            provision of the Consumer Affairs Act 1971 for the purposes of
            another enactment listed in subsection (1) has the same effect
15          after commencement, to the extent that it has any force or
            significance after commencement, as if it had been done or
            omitted --
               (a) by, to or in relation to, the Commissioner or Registrar
                     (as the case requires) as defined in that other enactment
20                   as in force after commencement; and
               (b) where relevant, under the corresponding provision of
                     that other enactment as in force after commencement.
        (3) To the extent that a thing done or omitted to be done by, to or in
            relation to, the Commissioner for Fair Trading (including in his
25          or her capacity as the Prices Commissioner) before
            commencement under, or for the purposes of, an enactment
            listed in subsection (1) is not covered by subsection (2), it has
            the same effect after commencement, to the extent that it has
            any force or significance after commencement, as if it had been
30          done or omitted by, to or in relation to, the Commissioner or
            Registrar (as the case requires) as defined in that enactment as
            in force after commencement.


     page 78
             Machinery of Government (Miscellaneous Amendments) Bill 2005
                         Consumer and Employment Protection            Part 4

                                       Transitional provisions    Division 23

                                                                       s. 152




       (4) A thing done or omitted to be done by, to or in relation to, the
           Commissioner for Fair Trading before commencement under, or
           for the purposes of, an enactment not listed in subsection (1) has
           the same effect after commencement, to the extent that it has
5          any force or significance after commencement, as if it had been
           done or omitted by, to or in relation to, the Commissioner as
           defined in the Consumer Affairs Act 1971 as in force after
           commencement.
       (5) A reference in an enactment to the Commissioner for Fair
10         Trading is to have effect after commencement as if it had been
           amended to be a reference to --
             (a) in the case of an enactment listed in subsection (1) or
                   subsidiary legislation made under such an enactment --
                   the Commissioner or Registrar (as the case requires) as
15                 defined in the enactment as in force after
                   commencement; or
             (b) in the case of any other enactment or subsidiary
                   legislation -- the Commissioner as defined in the
                   Consumer Affairs Act 1971 as in force after
20                 commencement.
     152.   Commissioner for Corporate Affairs and Registrar of
            Co-operative and Financial Institutions
       (1) A thing done or omitted to be done by, to or in relation to, the
           Commissioner for Corporate Affairs before commencement
25         under, or for the purposes of, the Companies (Co-operative)
           Act 1943 has the same effect after commencement as if it had
           been done or omitted by, to or in relation to, the Registrar as
           defined in that Act as in force after commencement.
       (2) A thing done or omitted to be done by, to or in relation to, the
30         Registrar of Co-operative and Financial Institutions before
           commencement under, or for the purposes of, the Co-operative
           and Provident Societies Act 1903 has the same effect after
           commencement as if it had been done or omitted by, to or in


                                                                     page 79
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 4         Consumer and Employment Protection
     Division 23    Transitional provisions
     s. 153




               relation to, the Registrar as defined in that Act as in force after
               commencement.
     153.      Consumer Affairs Act 1971
               Each office in existence immediately before commencement
5              because of section 15(1) of the Consumer Affairs Act 1971 does
               not cease merely because that subsection is repealed by this Act.
     154.      Petroleum Products Pricing Act 1983
               Each office in existence immediately before commencement
               because of section 5(2)(b) of the Petroleum Products Pricing
10             Act 1983 does not cease merely because that paragraph is
               deleted by this Act.
     155.      Interpretation
               In this Division --
               "commencement" means the time at which this Division comes
15                  into operation;
               "Commissioner for Fair Trading" means the Commissioner
                   for Fair Trading referred to in section 15 of the Consumer
                   Affairs Act 1971 as in force before commencement;
               "Prices Commissioner" means the Prices Commissioner
20                 referred to in section 5(1) of the Petroleum Products
                   Pricing Act 1983 as in force before commencement.




     page 80
            Machinery of Government (Miscellaneous Amendments) Bill 2005
                  Disability Services, and Sport and Recreation        Part 5

                                    Disability Services Act 1993  Division 1

                                                                       s. 156




     Part 5 -- Disability Services, and Sport and Recreation


                Division 1 --   Disability Services Act 1993
     156.   The Act amended
            The amendments in this Division are to the Disability Services
5           Act 1993*.
            [* Reprinted as at 26 May 2000.
               For subsequent amendments see Western Australian
               Legislation Information Tables for 2004, Table 1, p. 124.]
     157.   Section 15 amended
10          Section 15(2) is amended as follows:
              (a) by deleting "at either";
             (b) in paragraph (a) by deleting "the Treasury and";
              (c) in paragraph (b) by inserting before "a bank" --
                   " at ".
15   158.   Section 30 amended
            Section 30 is amended by deleting the definition of "Health
            Department" and inserting instead --
            "
                  "Health Department" has the meaning given to
20                    "Department" by section 3 of the Health
                      Legislation Administration Act 1984;
                                                                             ".
            Division 2 --Professional Combat Sports Act 1987
     159.   The Act amended
25          The amendments in this Division are to the Professional
            Combat Sports Act 1987*.
            [* Reprint 1 as at 11 March 2005.]


                                                                      page 81
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 5           Disability Services, and Sport and Recreation
     Division 3       Western Australian Sports Centre Trust Act 1986
     s. 160




     160.      Section 12 amended
        (1) Section 12(1)(a) is amended by deleting "at the Treasury".
        (2) Section 12(2) is amended after paragraph (c) by deleting the full
            stop and inserting --
5               "
                          ; and
                   (d) any other moneys lawfully received by, made
                          available to, or payable to the Commission.
                                                                           ".
10    Division 3 --   Western Australian Sports Centre Trust Act 1986
     161.      The Act amended
               The amendment in this Division is to the Western Australian
               Sports Centre Trust Act 1986*.
               [* Reprinted as at 22 March 2002.
15                For subsequent amendments see Western Australian
                  Legislation Information Tables for 2004, Table 1, p. 498.]
     162.      Section 15 amended
               Section 15(2) is amended by deleting "at the Treasury".




     page 82
             Machinery of Government (Miscellaneous Amendments) Bill 2005
                                                        Energy         Part 6

                                           Electricity Act 1945    Division 1

                                                                       s. 163




                             Part 6 -- Energy


                     Division 1 --    Electricity Act 1945
     163.   The Act amended
            The amendments in this Division are to the Electricity
5           Act 1945*.
            [* Reprint 5 as at 6 June 2003.
               For subsequent amendments see Western Australian
               Legislation Information Tables for 2004, Table 1, p. 138.]
     164.   Section 5 amended
10     (1) Section 5(1) is amended by inserting the following definition in
            the appropriate alphabetical position --
            "
                  "Minister" has a meaning that is modified by
                       subsections (2) and (3);
15                                                                         ".
       (2) At the end of section 5 the following subsections are inserted --
          "
            (2) A reference in a provision of this Act to the Minister is
                  a reference to --
20                  (a) if, for the time being, different Ministers
                          administer the provision in respect of different
                          matters -- the Minister administering the
                          provision in respect of the matter in respect of
                          which the provision is being applied; or
25                  (b) if paragraph (a) does not apply -- the Minister
                          administering the provision.
            (3) A reference in a regulation made under section 32 to
                  the Minister is a reference to --
                    (a) if, for the time being, different Ministers
30                        administer section 32 in respect of different

                                                                     page 83
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 6           Energy
     Division 2       Energy Coordination Act 1994
     s. 165




                           matters -- the Minister administering
                           section 32 in respect of the matter in respect of
                           which the regulation is being applied; or
                     (b) if paragraph (a) does not apply -- the Minister
5                          administering section 32.
               (4) Subsections (2) and (3) do not limit the operation of
                   section 12 of the Interpretation Act 1984.
                                                                                 ".
     165.      Section 32 amended
10             Section 32(1) is amended as follows:
                 (a) by deleting "matters" in the first place where it occurs;
                (b) in paragraph (r) by deleting "generally in regard to any
                      other matters" and inserting instead --
                      " generally, ".
15                Division 2 --Energy Coordination Act 1994
     166.      The Act amended
               The amendments in this Division are to the Energy
               Coordination Act 1994*.
               [* Reprint 2 as at 10 September 2004.
20                For subsequent amendments see Western Australian
                  Legislation Information Tables for 2004, Table 1, p. 142.]
     167.      Section 3 amended
        (1) Section 3 is amended as follows:
             (a) by inserting before "In" the subsection
25                 designation "(1)";




     page 84
           Machinery of Government (Miscellaneous Amendments) Bill 2005
                                                      Energy          Part 6

                                 Energy Coordination Act 1994     Division 2

                                                                      s. 167




              (b) by inserting the following definition in the appropriate
                  alphabetical position --
          "
                  "Minister" has a meaning that is modified by
5                     subsections (2) and (3);
                                                                         ".
     (2) At the end of section 3 the following subsections are inserted --
        "
          (2) A reference in a provision of this Act to the Minister is
10             a reference to --
                 (a) if, for the time being, different Ministers
                       administer the provision in respect of different
                       matters -- the Minister administering the
                       provision in respect of the matter in respect of
15                     which the provision is being applied; or
                 (b) if paragraph (a) does not apply -- the Minister
                       administering the provision.
          (3) A reference in a regulation made under section 26 to
               the Minister is a reference to --
20               (a) if, for the time being, different Ministers
                       administer section 26 in respect of different
                       matters -- the Minister administering
                       section 26 in respect of the matter in respect of
                       which the regulation is being applied; or
25               (b) if paragraph (a) does not apply -- the Minister
                       administering section 26.
          (4) Subsections (2) and (3) do not limit the operation of
               section 12 of the Interpretation Act 1984.
                                                                         ".




                                                                    page 85
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 6               Energy
     Division 2           Energy Coordination Act 1994
     s. 168




     168.          Part 1A inserted
                   After section 3 the following Part is inserted --
     "
                         Part 1A -- Coordinator of Energy
5             4.        Coordinator of Energy
                        A Coordinator of Energy is to be appointed under
                        Part 3 of the Public Sector Management Act 1994.
              4A.       Coordinator's functions
                        The functions of the Coordinator are --
10                       (a) to assist the Minister in planning and
                               coordinating the provision of energy in the
                               State;
                         (b) to perform the functions vested in the
                               Coordinator by or under this Act or any other
15                             written law;
                         (c) to advise the Minister on all aspects of energy
                               policy, including --
                                  (i) the energy needs of the State;
                                 (ii) ways of using energy and sources of
20                                     energy, including renewable energy;
                                (iii) the introduction and encouragement of
                                       competition in the energy industry;
                                (iv) ways of promoting and achieving open
                                       access to transmission and distribution
25                                     systems;
                                 (v) ways of achieving greater efficiency in
                                       the use of energy;
                                (vi) the use of energy policy to assist in
                                       achieving other policy objectives of
30                                     government;

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       Machinery of Government (Miscellaneous Amendments) Bill 2005
                                                 Energy            Part 6

                            Energy Coordination Act 1994       Division 2

                                                                   s. 168




                     (vii) matters relating to the operation of
                             relevant legislation;
              (d)    for the purposes of paragraphs (a), (b)
                     and (c) --
5                       (i) to monitor the operation of the State's
                             energy industry and its participants; and
                       (ii) to consult with interested groups and
                             persons;
              (e)    to promote energy research and development as
10                   provided by Schedule 1;
              (f)    to promote the development of commercial
                     applications of renewable energy;
              (g)    to produce and publish information and reports
                     on energy-related matters;
15            (h)    to maintain a collection of the information and
                     reports referred to in paragraph (g) and the
                     information and reports produced by the Solar
                     Institute formerly established by the Solar
                     Energy Research Act 1977;
20             (i)   to provide support in the resolution of disputes
                     about energy-related matters.
     4B.    Staff for the Coordinator
            Officers may be appointed or made available under
            Part 3 of the Public Sector Management Act 1994 to
25          enable the Coordinator to perform his or her functions.
     4C.    Delegation by the Coordinator
       (1) The Coordinator may by instrument in writing delegate
           to an officer referred to in section 4B the performance
           of any of his or her functions including functions under
30         a written law, but not including the power to delegate
           under this section.


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     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 6           Energy
     Division 2       Energy Coordination Act 1994
     s. 168




                (2) The Coordinator's powers under subsection (1) also
                    extend to delegation of functions to the Director.
                (3) A delegation may be general or as otherwise provided
                    by the instrument of delegation.
5               (4) A delegate remains subject to the direction and control
                    of the delegator.
                (5) Performance of a function by a delegate is to be treated
                    as performance by the delegator.
              4D.    Minister may give directions to the Coordinator
10              (1) The Minister may give directions in writing to the
                    Coordinator with respect to the performance of his or
                    her functions, either generally or in relation to a
                    particular matter, and he or she is to give effect to any
                    such direction.
15              (2) The text of any direction given under subsection (1) is
                    to be --
                      (a) laid before each House of Parliament within
                            14 sitting days of that House after the direction
                            is given; and
20                    (b) included in the annual report submitted by the
                            relevant accountable officer under section 62 of
                            the Financial Administration and Audit
                            Act 1985.
              4E.    Minister to have access to information from
25                   Coordinator
                (1) The Minister is entitled --
                     (a) to have information in the possession of the
                          Coordinator; and
                     (b) where the information is in or on a document,
30                        to have, and make and retain copies of, that
                          document.

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            Machinery of Government (Miscellaneous Amendments) Bill 2005
                                                      Energy           Part 6

                                 Energy Coordination Act 1994      Division 2

                                                                       s. 169




            (2) For the purposes of subsection (1) the Minister may --
                  (a) request the Coordinator to furnish information
                         to the Minister;
                  (b) request the Coordinator to give the Minister
5                        access to information; and
                  (c) for the purposes of paragraph (b) make use of
                         the staff referred to in section 4B to obtain the
                         information and furnish it to the Minister.
            (3) The Coordinator is to comply with a request under
10              subsection (2) and make staff and facilities available to
                the Minister for the purposes of paragraph (c) of that
                subsection.
            (4) In this section --
                "document" includes any tape, disk or other device or
15                   medium on which information is recorded or
                     stored mechanically, photographically,
                     electronically or otherwise;
                "information" means information specified, or of a
                     description specified, by the Minister that relates
20                   to the functions of the Coordinator.
                                                                             ".
     169.   Heading to Part 2 amended
            The heading to Part 2 is amended by deleting "Coordinator of
            Energy, and".
25   170.   Sections 4 and 6 repealed
            Sections 4 and 6 are repealed.
     171.   Section 8 amended
            Section 8 is amended by deleting "the Coordinator and".



                                                                      page 89
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 6           Energy
     Division 2       Energy Coordination Act 1994
     s. 172




     172.      Section 9 amended
        (1) Section 9(1) is amended by deleting "Each of the Coordinator
            and the Director" and inserting instead --
            " The Director ".
5       (2) Section 9(2) is repealed.
     173.      Section 10 amended
               Section 10(1) is amended by deleting "the Coordinator or".
     174.      Section 11 amended
        (1) Section 11(1) and (2)(a) and (b) are amended by deleting "the
10          Coordinator or".
        (2) Section 11(3) is amended by deleting "The Coordinator or the
            Director" and inserting instead --
            " The Director ".
        (3) Section 11(4) is amended in the definition of "information" by
15          deleting "the Coordinator or".
     175.      Section 11ZK amended
               Section 11ZK(2) is amended by deleting "responsible for the
               administration of this Act".
     176.      Section 12 amended
20             Section 12(1) is repealed.
     177.      Section 13 amended
               Section 13(1) is amended by deleting "The Coordinator or the
               Director, as the case may require," and inserting instead --
               " The Director ".



     page 90
              Machinery of Government (Miscellaneous Amendments) Bill 2005
                                                        Energy            Part 6

                                   Energy Coordination Act 1994       Division 2

                                                                          s. 178




     178.     Section 19 amended
         (1) Section 19(1) is amended by deleting all of the subsection from
             and including "manner to -- " and inserting instead --
             " manner to the Director. ".
5        (2) Section 19(2) is amended by deleting "The Coordinator or the
             Director, as the case may be," and inserting instead --
             " The Director ".
     179.     Heading to Part 4 replaced and heading to Division 1
              inserted
10            The heading to Part 4 is deleted and the following headings are
              inserted instead --
     "
                            Part 4 -- Information
             Division 1 -- Obtaining information -- Coordinator
15                                                                               ".
     180.     Heading to Division 2 inserted


              After section 23 the following heading is inserted --
     "
                  Division 2 -- Confidentiality -- Coordinator
20                               and Director
                                                                                 ".
     181.     Various references to Coordinator in Schedule 3 changed to

              Minister


              Each provision of Schedule 3 listed in the Table to this section
25            is amended by deleting "Coordinator" in each place where it
              occurs and inserting instead --
              " Minister ".


                                                                        page 91
Machinery of Government (Miscellaneous Amendments) Bill 2005
Part 6         Energy
Division 2     Energy Coordination Act 1994
s. 181




                                         Table

             cl. 1(1) (defn. of "emergency") cl. 4
             cl. 2(1) and (2)                cl. 6
             cl. 3(1), (3)(a) and (4)        cl. 7(4) and (5)
          Note:   The heading to Schedule 3 clause 4 will be altered by deleting
                  "Coordinator" and inserting instead "Minister".




page 92
            Machinery of Government (Miscellaneous Amendments) Bill 2005
                                               Environment             Part 7

                 Conservation and Land Management Act 1984         Division 1

                                                                       s. 182




                        Part 7 -- Environment
       Division 1 -- Conservation and Land Management Act 1984
     182.   The Act amended
            The amendments in this Division are to the Conservation and
5           Land Management Act 1984*.
            [* Reprint 5 as at 24 September 2004.
               For subsequent amendments see Western Australian
               Legislation Information Tables for 2004, Table 1, p. 77.]
     183.   Section 3 amended
10          Section 3 is amended as follows:
              (a) by inserting the following definitions in the appropriate
                   alphabetical positions --
            "
                  "CEO" means the chief executive officer of the
15                     Department;
                  "Department" means the department of the Public
                       Service principally assisting in the administration
                       of this Act;
                  "Executive Body" means the Conservation and Land
20                     Management Executive Body established by
                       section 36;
                  "Land Administration Minister" means the Minister
                       to whom the administration of the Land
                       Administration Act 1997 is committed;
25                                                                         ";
              (b) by deleting the definitions of "Department", "Director of
                   Forests", "Director of National Parks", "Director of
                   Nature Conservation" and "Executive Director".



                                                                     page 93
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 7         Environment
     Division 1     Conservation and Land Management Act 1984
     s. 184




     184.      Section 15 amended
               Section 15(1) is amended by deleting "Minister administering
               the Land Administration Act 1997" and inserting instead --
               " Land Administration Minister ".
5    185.      Section 16A amended
               Section 16A(1) is amended by deleting "Minister to whom the
               administration of that Act is committed" and inserting
               instead --
               " Land Administration Minister ".
10   186.      Section 17 amended
               Section 17(5) is amended by deleting "Minister administering
               the Land Administration Act 1997" and inserting instead --
               " Land Administration Minister ".
     187.      Section 17A amended
15             Section 17A(2) is amended by inserting after "Department" --
               " (as defined in section 3 of this Act) ".
     188.      Section 22 amended
               Section 22(1) is amended by deleting paragraph (a) and
               inserting the following paragraph instead --
20                  "
                       (a) is the CEO, a member of the staff of the
                              Conservation Commission or an officer of the
                              Department;
                                                                              ".




     page 94
              Machinery of Government (Miscellaneous Amendments) Bill 2005
                                                 Environment               Part 7

                   Conservation and Land Management Act 1984        Division 1

                                                                           s. 189




     189.     Section 23 amended
         (1) Section 23(3) is amended by deleting "Executive Director's"
              and inserting instead --
              " CEO's ".
5        (2) Section 23(5) is amended by inserting after "actions of " --
              " the CEO or ".
         (3) Section 23(6) is repealed and the following subsection is
              inserted instead --
            "
10            (6) In this section --
                    "Director" means a senior executive officer (within
                         the meaning of the Public Sector Management
                         Act 1994) designated by the CEO to be a Director
                         for the purposes of this section.
15                                                                            ".
     190.     Section 26D amended
              Section 26D(5)(a) is amended by deleting "Executive
              Director's" and inserting instead --
              " CEO's ".
20   191.     Headings to Part IV and Division 1 replaced
              The headings to Part IV and Division 1 are deleted and the
              following headings are inserted instead --
     "
                         Part IV -- Administration
25                     Division 1 -- Functions and powers
                                                                              ".
     192.     Section 32 repealed
              Section 32 is repealed.
                                                                      page 95
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 7         Environment
     Division 1     Conservation and Land Management Act 1984
     s. 193




     193.      Section 33 amended
        (1) Section 33(1) is amended as follows:
              (a) in paragraph (ba) by inserting after "facilities" --
                   " of the Department ";
5             (b) in paragraph (bb) by deleting "Department's" and
                   inserting instead --
                   " CEO's ";
              (c) in paragraph (d) by deleting ", and in particular to be the
                   instrument by which the administration of the Wildlife
10                 Conservation Act 1950 is carried out by the Executive
                   Director pursuant to section 7 of that Act";
              (d) in paragraph (g) by deleting "Minister to whom the
                   administration of the Land Administration Act 1997 is
                   committed" and inserting instead --
15                 " Land Administration Minister ".
        (2) Section 33(2) is amended by deleting "Minister referred to in
            subsection (1)(g)" and inserting instead --
            " Land Administration Minister ".
     194.      Section 34 repealed
20             Section 34 is repealed.
     195.      Section 34A amended
               Section 34A(1) is amended by deleting "The powers conferred
               by section 34 include power for the Executive Director" and
               inserting instead --
25             " The powers of the CEO include power ".




     page 96
                  Machinery of Government (Miscellaneous Amendments) Bill 2005
                                                     Environment             Part 7

                       Conservation and Land Management Act 1984         Division 1

                                                                             s. 196




     196.         Section 34B amended
                  Section 34B(1) is amended by deleting "The powers conferred
                  by sections 34 and 34A include power for the Executive
                  Director" and inserting instead --
5                 " The powers of the CEO include power ".
     197.         Part IV Division 2 replaced
                  Part IV Division 2 is repealed and the following Division is
                  inserted instead --
     "
10          Division 2 -- The Conservation and Land Management
                                Executive Body
            36.     The Conservation and Land Management Executive
                    Body
                  (1) The Conservation and Land Management Executive
15                    Body is established.
                  (2) The Executive Body is a body corporate with perpetual
                      succession.
                  (3) Proceedings may be taken by or against the Executive
                      Body in its corporate name.
20                (4) The Executive Body is to be governed by the CEO.
                  (5) The Executive Body is an agent of the State and has the
                      status, immunities and privileges of the State.
            37.        Purpose and nature of the Executive Body
                       The Executive Body is established to provide a body
25                     corporate through which the CEO can perform any of
                       the CEO's functions under this Act or the Wildlife
                       Conservation Act 1950 that can more conveniently be
                       performed by a body corporate than an individual.


                                                                           page 97
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 7         Environment
     Division 1     Conservation and Land Management Act 1984
     s. 197




              38.        Execution of documents by the Executive Body
                    (1) The Executive Body is to have a common seal.
                    (2) A document is duly executed by the Executive Body
                        if --
5                          (a) the common seal of the Executive Body is
                                 affixed to it in accordance with subsections (3)
                                 and (4);
                           (b) it is signed on behalf of the Executive Body by
                                 the CEO; or
10                         (c) it is signed on behalf of the Executive Body, as
                                 authorised under subsection (5), by an officer
                                 of the Department.
                    (3) The common seal of the Executive Body is not to be
                        affixed to a document except as authorised by the
15                      Executive Body.
                    (4) The common seal of the Executive Body is to be
                        affixed to a document in the presence of the CEO, and
                        the CEO is to sign the document to attest that the
                        common seal was so affixed.
20                  (5) The Executive Body may, by writing under its common
                        seal, authorise an officer of the Department to sign
                        documents on behalf of the Executive Body, either
                        generally or subject to any conditions or restrictions
                        specified in the authorisation.
25                  (6) A document purporting to be executed in accordance
                        with this section is to be presumed to be duly executed
                        until the contrary is shown.
                    (7) A document executed by the CEO or another person
                        under this section without the common seal of the
30                      Executive Body is not to be regarded as a deed unless it
                        is executed as a deed as authorised under
                        subsection (5).

     page 98
            Machinery of Government (Miscellaneous Amendments) Bill 2005
                                               Environment             Part 7

                 Conservation and Land Management Act 1984        Division 1

                                                                       s. 198




            (8) When a document is produced bearing a seal
                purporting to be the common seal of the Executive
                Body, it is to be presumed that the seal is the common
                seal of the Executive Body until the contrary is shown.
5           (9) For the purposes of this Act, a facsimile of --
                  (a) the Executive Body's common seal; or
                  (b) the signature of the CEO or a person authorised
                         under subsection (5) to execute deeds or other
                         documents,
10              may be used, and a deed or other document purporting
                to be endorsed with such a facsimile is, until the
                contrary is shown, to be regarded as bearing the
                facsimile under this subsection.
                                                                          ".
15   198.   Section 42 repealed
            Section 42 is repealed.
     199.   Section 49 amended
            Section 49(c) is amended by deleting "Executive Director
            referred to in" and inserting instead --
20          " CEO as defined in section 4(1) of ".
     200.   Section 50 amended
            Section 50(2) is amended as follows:
              (a) by deleting "34,";
             (b) by inserting after "officer of the Department" in the first
25                 place where it occurs --
                   " , on behalf of or as representative of the CEO, ";
              (c) by deleting "on behalf of or as representative of the
                   Department".


                                                                     page 99
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 7         Environment
     Division 1     Conservation and Land Management Act 1984
     s. 201




     201.         Section 64 amended
                  Section 64(1)(ga) is amended by deleting "the Department or
                  the Executive Director, as the case requires," and inserting
                  instead --
5                 " the CEO ".
     202.         Section 65 amended
                  Section 65(a) is amended by deleting "at the Treasury".
     203.         Section 71 amended
                  Section 71(1) is amended by deleting "section 34" and inserting
10                instead --
                  " the powers of the CEO ".
     204.         Section 72 amended
                  Section 72(1) is amended by deleting "by the Department of its
                  functions" and inserting instead --
15                " of the CEO's functions ".
     205.         Section 75 amended
                  Section 75 is amended by deleting "of Conservation and Land
                  Management".
     206.         Section 133 amended
20                After section 133(2) the following subsection is inserted --
              "
                  (3) Without limiting the things that may be delegated
                      under subsection (2), they may include things that are
                      to be done in the course of governing the affairs of the
25                    Executive Body under section 36(4).
                                                                                 ".


     page 100
            Machinery of Government (Miscellaneous Amendments) Bill 2005
                                               Environment                       Part 7

                 Conservation and Land Management Act 1984                  Division 1

                                                                                 s. 207




     207.   Section 142 amended
            Section 142(2) is amended by deleting "Minister to whom the
            administration of the Land Administration Act 1997 is for the
            time being committed" and inserting instead --
5           " Land Administration Minister ".
     208.   Various references to Department changed to CEO
            Each provision listed in the Table to this section is amended by
            deleting "Department" in each place where it occurs and
            inserting instead --
10          " CEO ".
                                         Table
            s. 16(1)                              s. 54(3)(a) and (b)
            s. 19(1)(g)(i), (ii) and (iii), and   s. 63
              (3)                                 s. 64(1)(d), (da) and (g)
            s. 25(4) (defn. of "staff ")          s. 84(1)
            s. 26B(1)(f)(i) and (2)               s. 87(2)(b)
            s. 26D(4)                             s. 102(1) (defn. of "land to
            s. 33(1) and (2)                        which this Part applies")
            s. 35(1) and (2)
     209.   Various references to Executive Director changed to CEO
            Each provision listed in the Table to this section is amended by
            deleting "Executive Director" in each place where it occurs and
15          inserting instead --
            " CEO ".
                                         Table
            s. 9(3)(a)                            s. 91(2)
            s. 14(2)                              s. 93
            s. 16(1), (2), (3) and (4)            s. 94(1) and (2)
            s. 16B(1)                             s. 95(2)(b)

                                                                             page 101
Machinery of Government (Miscellaneous Amendments) Bill 2005
Part 7         Environment
Division 1     Conservation and Land Management Act 1984
s. 209




             s. 17A(7)(b)                 s. 97(1)
             s. 20(7)(c)                  s. 97A(1), (2), (3), (7), (8) and
             s. 23(1), (2) and (3)          (10)
             s. 26D(5)(a)                 s. 99(1)
             s. 33(6)                     s. 99A(1), (2), (3), (4) and (6)
             s. 33A(3)(a)                 s. 100(1)
             s. 34A(1)                    s. 101(1), (1a), (1b), (2), (3)
             s. 34B(2), (3), (4b), (6a)     and (5)
               and (7a)                   s. 101B(1) and (2a)
             s. 35(1)                     s. 103(2a)(a), (2b) and (3)
             s. 43(2)                     s. 104(2)
             s. 45(1) and (3a)            s. 107(b)
             s. 46(1)                     s. 108A(2)
             s. 48(1), (2) and (3)        s. 108B
             s. 50(2)                     s. 108C(1) and (2)
             s. 58(1), (2) and (3)        s. 110
             s. 64(1)(b) and (2)(c)       s. 113(1)
             s. 66(1), (2) and (3)        s. 114A(2), (5) and (6)
             s. 67                        s. 118(2)
             s. 68(3)                     s. 119A
             s. 69(2)                     s. 120
             s. 70                        s. 131(1)
             s. 71(1), (2) and (3)        s. 132
             s. 72(1), (2), (3) and (4)   s. 133(1) and (2)
             s. 73(1) and (2)             s. 134(1)
             s. 74(2) and (3)             s. 136(1)
             s. 82(1)                     s. 137
             s. 83(1)                     s. 138(1)
             s. 84(1)                     s. 142(2)
             s. 87A(1)                    s. 150(a), (b), (c) and (d)



page 102
            Machinery of Government (Miscellaneous Amendments) Bill 2005
                                                Environment                         Part 7

                           Environmental Protection Act 1986                   Division 2

                                                                                    s. 210




             s. 88(1) and (1a)                     s. 151(a)(i) and (b)(i)
             s. 89(2)(a) and (c)
            Note:   The headings to sections 23, 72 and 137 will be altered by deleting
                    "Executive Director" and inserting instead "CEO ".
                    The heading to section 33 will be altered by deleting "Department" and
                    inserting instead "
                                     the CEO  ".
5                   The heading to section 35 will be altered by deleting "Department" and
                    inserting instead "
                                     The CEO   ".
            Division 2 -- Environmental Protection Act 1986
     210.   The Act amended
            The amendment in this Division is to the Environmental
10          Protection Act 1986*.
            [* Reprinted as at 11 January 2002.
               For subsequent amendments Western Australian Legislation
               Information Tables for 2004, Table 1, p. 146.]
     211.   Section 110H amended
15          Section 110H(1) is amended by deleting "at the Treasury,".
                           Division 3 --       Litter Act 1979
     212.   The Act amended
            The amendments in this Division are to the Litter Act 1979*.
            [* Reprinted as at 4 January 1999.
20             For subsequent amendments see Western Australian
               Legislation Information Tables for 2004, Table 1, p. 256 and
               Act No. 49 of 2004.]




                                                                                page 103
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 7         Environment
     Division 3     Litter Act 1979
     s. 213




     213.       Section 9 amended
                Section 9(1)(h) and (i) are deleted and the following paragraphs
                are inserted instead --
                     "
5                       (h) one shall be appointed on the nomination of the
                               Departmental CEO as defined in section 1.4 of
                               the Local Government Act 1995;
                         (i) one shall be appointed on the nomination of the
                               CEO as defined in section 3 of the
10                             Conservation and Land Management Act 1984;
                                                                               ".
     214.       Sections 15 and 16 amended
                Sections 15(5) and 16(2) are amended by deleting "Public
                Service Act 1978" and inserting instead --
15              " Public Sector Management Act 1994 ".
     215.       Section 26 amended
                Section 26(2)(c)(i) to (iv) are deleted and the following
                subparagraphs are inserted instead --
                            "
20                             (i) an inspector, under the Environmental
                                      Protection Act 1986;
                              (ii) a conservation and land management
                                      officer, forest officer, wildlife officer or
                                      ranger, under the Conservation and
25                                    Land Management Act 1984;
                                                                                     ".




     page 104
                Machinery of Government (Miscellaneous Amendments) Bill 2005
                                                   Environment                    Part 7

                                                 Litter Act 1979           Division 3

                                                                                  s. 216




     216.       Third Schedule amended
                The Third Schedule is amended as follows:
                 (a) by deleting the row relating to the Environmental
                       Protection Act 1971 and inserting instead --
5           "
                   Inspectors under the              The CEO as defined in
                   Environmental Protection          section 3 of the
                   Act 1986                          Environmental Protection
                                                     Act 1986
                                                                              ";
                 (b) by deleting the rows relating to the Forests Act 1918, the
                     Wildlife Conservation Act 1950 and the National Parks
                     Authority Act 1976 and inserting instead --
10          "
                   Conservation and land             The CEO as defined in
                   management officers, forest       section 3 of the Conservation
                   officers, wildlife officers or    and Land Management
                   rangers under the Conservation    Act 1984
                   and Land Management Act 1984
                                                                                     ";
                 (c) in column 2 of the row relating to the Fish Resources
                     Management Act 1994 by deleting "Executive Director
                     referred to in" and inserting instead --
15                   " CEO as defined in section 4(1) of ";
                 (d) in column 2 of the row relating to the Western
                     Australian Marine Act 1982 by deleting "Manager of the
                     Department of Marine and Harbours" and inserting
                     instead --
20                   "
                             chief executive officer as defined in section 3(1)
                             of the Western Australian Marine Act 1982
                                                                                     ".



                                                                            page 105
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 7         Environment
     Division 4     Sandalwood Act 1929
     s. 217




                       Division 4 --    Sandalwood Act 1929
     217.       The Act amended
                The amendments in this Division are to the Sandalwood
                Act 1929*.
5               [* Reprinted as at 4 January 2002.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 405.]
     218.       Section 3 amended
                Section 3(1)(b) is amended by deleting "Executive Director"
10              and inserting instead --
                " CEO ".
                  Division 5 --Wildlife Conservation Act 1950
     219.       The Act amended
                The amendments in this Division are to the Wildlife
15              Conservation Act 1950*.
                [* Reprint 6 as at 3 September 2004.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 503.]
     220.       Section 6 amended
20              Section 6(1) is amended as follows:
                  (a) by inserting the following definition in the appropriate
                       alphabetical position --
                "
                      "CEO" has the meaning given by section 3 of the
25                        Conservation and Land Management Act 1984;
                                                                                 ";
                  (b) by deleting the definition of "Executive Director".


     page 106
                Machinery of Government (Miscellaneous Amendments) Bill 2005
                                                     Environment            Part 7

                               Zoological Parks Authority Act 2001     Division 6

                                                                            s. 221




     221.       Various references to Executive Director changed to CEO
                Each provision listed in the Table to this section is amended by
                deleting "Executive Director" in each place where it occurs and
                inserting instead --
5               " CEO ".
                                        Table
                 s. 7                           s. 23C(3)(a) and (4)

                 s. 15(3)(a)                    s. 26(3)

                 s. 23(2)                       s. 27B



                Division 6 --Zoological Parks Authority Act 2001
     222.       The Act amended
                The amendments in this Division are to the Zoological Parks
10              Authority Act 2001*.
                [* Act No. 24 of 2001.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 512 and
                   Act No. 84 of 2004.]
15   223.       Section 33 amended
                Section 33(1) is repealed and the following subsection is
                inserted instead --
            "
                (1) The funds referred to in section 32 are to be credited to
20                  an account called the "Zoological Parks Authority
                    Account" --
                      (a) forming part of the Trust Fund constituted
                           under section 9 of the Financial Administration
                           and Audit Act 1985; or
25                    (b) with the approval of the Treasurer, at a bank or
                           other financial institution.
                                                                                ".
                                                                        page 107
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 7         Environment
     Division 7     Transitional provisions
     s. 224




                     Division 7 -- Transitional provisions


     224.       Conservation and Land Management Act 1984
        (1) A thing done or omitted to be done before commencement by,
            to or in relation to the Executive Director (other than as the
5           body corporate referred to in section 38 of the Conservation and
            Land Management Act 1984 as in force before commencement)
            under, or for the purposes of, an enactment has the same effect
            after commencement, to the extent that it has any force or
            significance after commencement, as if it had been done or
10          omitted by, to or in relation to the CEO under, or for the
            purposes of, that enactment.
        (2) The Conservation and Land Management Executive Body
            established by section 36 of the Conservation and Land
            Management Act 1984 (as in force after commencement) is a
15          continuation of, and the same legal person as, the body
            corporate referred to in section 38 of that Act (as in force before
            commencement).
        (3) Land placed under the management of the Department under
            section 33(2) of the Conservation and Land Management
20          Act 1984 before commencement is to be taken to have been
            placed, on commencement, under the management of the CEO
            under that Act.
        (4) The Registrar of Titles or the Registrar of Deeds and Transfers
            may make any entry in, or any endorsement or notation on, the
25          title, land register or other record in respect of land that is
            necessary because of subsection (3).
        (5) A reference in a written law or any other instrument to land
            under the management of the Department under the
            Conservation and Land Management Act 1984 is to be read as a
30          reference to land under the management of the CEO.
        (6) A reference in a written law or any other instrument to the
            Director of Nature Conservation, the Director of Forests or the


     page 108
          Machinery of Government (Miscellaneous Amendments) Bill 2005
                                              Environment          Part 7

                                    Transitional provisions    Division 7

                                                                   s. 224




         Director of National Parks is to be read as a reference to the
         CEO.
     (7) In this section --
         "CEO" has the meaning given by section 3 of the Conservation
5             and Land Management Act 1984 as in force after
              commencement;
         "commencement" means the time at which section 183 comes
              into operation;
         "Executive Director" means the Executive Director referred to
10            in section 36 of the Conservation and Land Management
              Act 1984 as in force before commencement,
         and, unless the contrary intention appears, other words and
         expressions in this section have the same respective meanings as
         they have in the Conservation and Land Management Act 1984.




                                                                page 109
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 8         Fisheries
     Division 1     Fisheries Adjustment Schemes Act 1987
     s. 225




                               Part 8 -- Fisheries


              Division 1 -- Fisheries Adjustment Schemes Act 1987
     225.       The Act amended
                The amendments in this Division are to the Fisheries
5               Adjustment Schemes Act 1987*.
                [* Reprinted as at 3 May 2002.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 175.]
     226.       Section 5 amended
10              Section 5(1) is amended by deleting "and kept at the Treasury".
     227.       Section 10 amended
                Section 10 is amended by deleting "Fisheries".
     228.       Various references to Executive Director changed to CEO
                Each provision listed in the Table to this section is amended by
15              deleting "Executive Director" in each place where it occurs and
                inserting instead --
                " CEO ".
                                         Table


                  s. 8(3a)                       s. 14C(a)

                  s. 10C(7)                      s. 15(1) and (2)




     page 110
             Machinery of Government (Miscellaneous Amendments) Bill 2005
                                                       Fisheries         Part 8

            Fishing and Related Industries Compensation (Marine    Division 2

                                             Reserves) Act 1997
                                                                         s. 229




        Division 2 --   Fishing and Related Industries Compensation
                         (Marine Reserves) Act 1997
     229.    The Act amended
             The amendments in this Division are to the Fishing and Related
5            Industries Compensation (Marine Reserves) Act 1997*.
             [* Reprint 1 as at 6 August 2004.
                For subsequent amendments see Western Australian
                Legislation Information Tables for 2004, Table 1, p. 175.]
     230.    Section 5 amended
10     (1) Section 5(5), (6), (7), (8) and (9) are amended by deleting
           "Executive Director" and inserting instead --
           " CEO ".
       (2) Section 5(5) and (6) are amended by deleting "Executive
           Director's" and inserting instead --
15         " CEO's ".
            Division 3 --Fish Resources Management Act 1994
     231.    The Act amended
             The amendments in this Division are to the Fish Resources
             Management Act 1994*.
20           [* Reprint 2 as at 11 March 2005.
                For subsequent amendments see Acts Nos. 12 of 2003 and
                59 of 2004.]




                                                                    page 111
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 8         Fisheries
     Division 3     Fish Resources Management Act 1994
     s. 232




     232.       Section 4 amended
                Section 4(1) is amended as follows:
                  (a) by inserting the following definition in the appropriate
                       alphabetical position --
5               "
                      "CEO" means the chief executive officer of the
                          Department;
                                                                                           ";
                   (b) by deleting the definition of "Executive Director".
10   233.       Section 10 repealed
                Section 10 is repealed.
     234.       Section 238 amended
                Section 238(2) is amended by deleting "to be kept at the
                Treasury".
15   235.       Sections 239, 241 and 242 amended
                Sections 239(1), 241(1) and 242(1) are amended by deleting
                "and kept at the Treasury".
     236.       Various references to Executive Director changed to CEO
        (1) Each provision listed in the Table to this subsection is amended
20          by deleting "Executive Director" in each place where it occurs
            and inserting instead --
            " CEO ".
                                               Table


                  s. 7(1), (3), (4)(a) and (b), (5)    s. 140(1), (2), (3), (4) and (5)

                    and (6)                            s. 141(1)

                  s. 13(1) and (2)                     s. 142(1), (2), (3), (4), (5) and

                  s. 29(2)(a)                            (6)

                  s. 33(2)(a)                          s. 143(1) and (2)

                  s. 37(2)(a)                          s. 144(1), (2) and (3)




     page 112
         Machinery of Government (Miscellaneous Amendments) Bill 2005
                                               Fisheries                            Part 8

                     Fish Resources Management Act 1994                         Division 3

                                                                                    s. 236




          s. 58(2)(c), (h), (j) and (k)           s. 145(1)

          s. 61(1)(c)                             s. 147(1)

          s. 62(s)                                s. 148(1)

          s. 66(1)                                s. 149(2)

          s. 68                                   s. 150(b)

          s. 69(1)(b), (2) and (3)                s. 151(1) and (3)

          s. 71(2)                                s. 177(1), (2) and (4)

          s. 72(2)                                s. 179(1), (3), (6) and (7)

          s. 76(4)(a) and (b)                     s. 196(1) and (2)

          s. 79(1)                                s. 197(3) and (4)

          s. 80(1)                                s. 201(1) and (4)

          s. 81(1)(b), (2) and (3)                s. 217(1), (2) and (3)

          s. 83(1), (2) and (3)                   s. 219(1)

          s. 85                                   s. 224(1) and (2)

          s. 87(1), (2)(b), (3) and (4)           s. 227(1)

          s. 92(1) and (3)                        s. 238(4)(d)

          s. 94(1)                                s. 244(1)(b)

          s. 95(1)(b), (2) and (3)                s. 246(1), (4), (5)(b) and (c)

          s. 107(1)                               s. 249(1) and (2)

          s. 111                                  s. 257(2)(b), (c) and (e)

          s. 123(c)                               s. 258(k) and (y)

          s. 130(b) and (d)                       s. 262

          s. 135(1), (2), (3) and (4)             Sch. 1 cl. 2

          s. 138(1)                               Sch. 1 cl. 3(1) and (2)

          s. 139(1)


    (2) Each provision listed in the Table to this subsection is amended
        by deleting "Executive Director's" in each place where it occurs
        and inserting instead --
        " CEO's ".
5                                         Table


          s. 140(2)(a)                            s. 224(1)(b)




                                                                                 page 113
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 8         Fisheries
     Division 4     Pearling Act 1990
     s. 237




                  s. 177(3)                             s. 246(5)(a)

                  s. 179(5)


                Note:   The headings to sections 13, 147, 148 and 262 will be altered by
                                                                            CEO".
                        deleting "Executive Director" and inserting instead "



                              Division 4 --      Pearling Act 1990
     237.       The Act amended
5               The amendments in this Division are to the Pearling Act 1990*.
                [* Reprinted as at 3 November 2000.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 328.]
     238.       Section 3 amended
10              Section 3(1) is amended as follows:
                  (a) by inserting the following definitions in the appropriate
                        alphabetical positions --
                "
                      "CEO" means the chief executive officer of the
15                         Department;
                      "Department" has the meaning given by section 4(1)
                           of the Fish Resources Management Act 1994;
                                                                               ";
                  (b) by deleting the definitions of "Executive Director" and
20                      "the Department";
                  (c) in the definition of "Fisheries Research and
                        Development Fund" by deleting "established under
                        section 35L of the Fisheries Act 1905" and inserting
                        instead --
25                    "
                           in existence under section 238 of the Fish
                           Resources Management Act 1994
                                                                               ".

     page 114
              Machinery of Government (Miscellaneous Amendments) Bill 2005
                                                        Fisheries         Part 8

                                               Pearling Act 1990     Division 4

                                                                          s. 239




     239.     Section 35 amended
              Section 35(2) is amended by deleting "an inspector of fisheries
              appointed under section 5(1c) of the Fisheries Act 1905" and
              inserting instead --
5             "
                    a fisheries officer as defined in section 4(1) of the Fish
                    Resources Management Act 1994
                                                                                 ".
     240.     Section 62A inserted
10            After section 62 the following section is inserted --
     "
            62A.    Delegation by CEO
              (1) The CEO may delegate to an employee of the
                  Department any power or duty of the CEO under
15                another provision of this Act.
              (2) The delegation must be in writing signed by the CEO.
              (3) A person to whom a power or duty is delegated under
                  this section cannot delegate that power or duty.
              (4) A person exercising or performing a power or duty that
20                has been delegated to the person under this section is to
                  be taken to do so in accordance with the terms of the
                  delegation unless the contrary is shown.
              (5) Nothing in this section limits the ability of the CEO to
                  perform a function through an officer or agent.
25                                                                               ".




                                                                      page 115
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 8                 Fisheries
     Division 5             Transitional provisions
     s. 241




     241.       Various references to Executive Director changed to CEO
                Each provision listed in the Table to this section is amended by
                deleting "Executive Director" in each place where it occurs and
                inserting instead --
5               " CEO ".
                                                  Table
                  s. 8(5)                                     s. 32(3), (4), (5)(a) and (b), (6)

                  s. 12(1), (2) and (3)                         and (7)

                  s. 16                                       s. 33(1), (2), (4) and (10)(b)

                  s. 17(1)                                    s. 34

                  s. 22(1), (2) and (3)                       s. 35(1) and (3)

                  s. 23(1), (2), (5), (6), (7) and            s. 37(3) and (4)

                    (8)                                       s. 38(2)

                  s. 24(1) and (3)                            s. 52(1)

                  s. 26(1) and (2)(a)(ii)                     s. 53(3)

                  s. 27(2), (4), (5) and (6)                  s. 55(1), (2), (4), (5) and (6)

                  s. 28(1) and (2)                            s. 61

                  s. 30(2) and (3)                            Sch. 3 cl. 4(1)

                  s. 31(1)(c)                                 Sch. 3 cl. 5


                Note:     The heading to section 12 will be altered by deleting "Executive
                                                          CEO".
                          Director" and inserting instead "



                           Division 5 -- Transitional provisions


10   242.       References to the Executive Director


        (1) After commencement, a reference in a written law that is, or is
            to be taken to be, to the Executive Director (as defined in the
            Fish Resources Management Act 1994 as in force before
            commencement) is to have effect as if it had been amended to
15          be a reference to the CEO (as defined in the Fish Resources
            Management Act 1994 as in force after commencement).



     page 116
         Machinery of Government (Miscellaneous Amendments) Bill 2005
                                                  Fisheries        Part 8

                                     Transitional provisions   Division 5

                                                                   s. 242




    (2) Subsection (1) does not apply if a contrary intention appears or
        the context otherwise requires.
    (3) In this section --
        "commencement" means the time at which section 232 comes
5            into operation.




                                                                page 117
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 9            Health
     Division 1        Dental Prosthetists Act 1985
     s. 243




                                 Part 9 -- Health


                    Division 1 --    Dental Prosthetists Act 1985
     243.       The Act amended
                The amendments in this Division are to the Dental Prosthetists
5               Act 1985*.
                [* Reprint 1 as at 2 May 2003.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 122.]
     244.       Section 3 amended
10              Section 3(1) is amended as follows:
                  (a) by inserting the following definition in the appropriate
                       alphabetical position --
                "
                      "CEO" has the meaning given by section 3 of the
15                        Health Legislation Administration Act 1984;
                                                                                 ";
                  (b) by deleting the definition of "Commissioner".
     245.       Section 5 amended
                Section 5(2)(b) is deleted and the following paragraph is
20              inserted instead --
                     "
                        (b) 1 person shall be appointed on the nomination
                              of the chief executive officer of the department
                              as defined in section 5(1) of the Vocational
25                            Education and Training Act 1996;
                                                                                 ".




     page 118
            Machinery of Government (Miscellaneous Amendments) Bill 2005
                                                          Health                Part 9

                                                 Health Act 1911            Division 2

                                                                                s. 246




     246.   Sections 19A and 30A amended
            Sections 19A(1)(b) and 30A are amended by deleting
            "Commissioner's" and inserting instead --
            " CEO's ".
5    247.   Various references to Commissioner changed to CEO
            Each provision listed in the Table to this section is amended by
            deleting "Commissioner" in each place where it occurs and
            inserting instead --
            " CEO ".
10                                     Table
            s. 5(2)(c)(ii)                     s. 20(1), (2), (3) and (4)
            s. 12(1)(d) and (e)                s. 22(1) and (2)
            s. 13(1), (2)(b) and (5)           s. 23(1)
            s. 14(1), (2) and (3)(b)           s. 24(b) and (c)
            s. 15(1) and (2)                   s. 26
            s. 17                              s. 27(1), (3) and (6)
            s. 18(1)                           s. 28(1)(b) and (2)
            s. 19A(1) and (2)                  s. 29(1), (2) and (3)
            s. 19B(1) and (2)                  s. 30(1)
            s. 19D(1) and (2)(b)               s. 30A
                       Division 2 --     Health Act 1911
     248.   The Act amended
            The amendments in this Division are to the Health Act 1911*.
            [* Reprinted as at 31 March 2000.
15             For subsequent amendments see Western Australian
               Legislation Information Tables for 2004, Table 1, p. 200-1.]




                                                                             page 119
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 9             Health
     Division 2         Health Act 1911
     s. 249




     249.       Section 3 amended
                Section 3(1) is amended as follows:
                  (a) by inserting the following definition in the appropriate
                       alphabetical position --
5               "
                      "CEO" has the meaning given by section 3 of the
                          Health Legislation Administration Act 1984;
                                                                                 ";
                    (b) by deleting the definition of "Commissioner".
10   250.       Heading to Part II Division 1 amended
                The heading to Part II Division 1 is amended by deleting
                "Commissioner" and inserting instead --
                "    CEO      ".
     251.       Various references to Commissioner changed to CEO
15              Each provision listed in the Table to this section is amended by
                deleting "Commissioner" in each place where it occurs and
                inserting instead --
                " CEO ".
                                           Table
                  s. 5(3)                          s. 344B
                  s. 39(1) and (2)                 s. 349(1)
                  s. 324A                          s. 351(1), (2) and (5)
                  s. 330B(2)                       s. 354(8)
                  s. 337A(2)                       s. 357
                  s. 340B(3)(c)                    s. 362(2)
                  s. 340AB(3)(b), (3)(f) and       s. 365(1)
                    (4)(c)                         s. 366(1) and (2)
                  s. 340BB(3)(b)                   s. 369(1)(c)
                  s. 341(2)                        s. 372(2)

     page 120
               Machinery of Government (Miscellaneous Amendments) Bill 2005
                                                           Health                  Part 9

                       Health Legislation Administration Act 1984              Division 3

                                                                                   s. 252




                s. 342(1)(b), (2) and (4)            s. 376
                s. 344(1)(b)                         s. 377(1) and (2)
                s. 344A(2) and (3)
               Note: The heading to section 324A will be altered by deleting
                     "Commissioner" and inserting instead "CEO".
            Division 3 --    Health Legislation Administration Act 1984
     252.      The Act amended
5              The amendments in this Division are to the Health Legislation
               Administration Act 1984*.
               [* Reprinted as at 11 January 2002.]
     253.      Section 3 amended
               Section 3 is amended as follows:
10               (a) by inserting the following definition in the appropriate
                      alphabetical position --
               "
                     "CEO" means the chief executive officer of the
                          Department;
15                                                                                     ";
                 (b) in the definition of "prescribed officer" by deleting
                     "6(1)(a), (b)" and inserting instead --
                     " 6(1)(b) ".
     254.      Section 6 amended
20             Section 6(1)(a) is deleted.
     255.      Section 9 amended
               Section 9(1) is amended by inserting after "the Minister" --
               " , the CEO ".


                                                                                page 121
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 9           Health
     Division 4       Health Services (Conciliation and Review) Act 1995
     s. 256




     Division 4 --    Health Services (Conciliation and Review) Act 1995
     256.       The Act amended
                The amendments in this Division are to the Health Services
                (Conciliation and Review) Act 1995*.
5               [* Reprint 2 as at 18 March 2005.]
     257.       Section 3 amended
        (1) Section 3(1) is amended as follows:
              (a) by inserting the following definition in the appropriate
                   alphabetical position --
10          "
                  "Health Department" has the meaning given to
                      "Department" by section 3 of the Health
                      Legislation Administration Act 1984;
                                                                          ";
15           (b) in the definition of "provider" by deleting paragraph (c)
                   and inserting the following paragraph instead --
                   "
                      (c) the chief executive officer of the Health
                             Department in respect of any health services
20                           provided or rendered by persons carrying out
                             the functions of the Health Department, but
                             not including a health service provided or
                             rendered in a public hospital under the
                             Hospitals and Health Services Act 1927;
25                                                                        ".
        (2) Section 3(3) is amended as follows:
             (a) in paragraph (b) by deleting "Commissioner of Health"
                   and inserting instead --
                   " chief executive officer of the Health Department ";
30           (b) by deleting "Commissioner" and inserting instead --
                   " chief executive officer ".

     page 122
             Machinery of Government (Miscellaneous Amendments) Bill 2005
                                                        Health            Part 9

                                        Hospital Fund Act 1930      Division 5

                                                                          s. 258




     258.    Section 13 amended
             Section 13(1) is amended by deleting "at the Treasury".
     259.    Section 25 amended
             Section 25(2) is amended by deleting "Commissioner of
5            Health" and inserting instead --
             " chief executive officer of the Health Department ".
                   Division 5 --    Hospital Fund Act 1930
     260.    The Act amended
             The amendment in this Division is to the Hospital Fund
10           Act 1930*.
             [* Reprint in Appendix to Session Volume 1937-1938.
                For subsequent amendments see Western Australian
                Legislation Information Tables for 2004, Table 1, p. 206.]
     261.    Section 3 amended
15           Section 3(2) is amended by deleting ", to be kept at the
             Treasury".
            Division 6 --Hospitals and Health Services Act 1927
     262.    The Act amended
             The amendments in this Division are to the Hospitals and
20           Health Services Act 1927*.
             [* Reprinted as at 15 October 1999.
                For subsequent amendments see Western Australian
                Legislation Information Tables for 2004, Table 1, p. 208.]




                                                                        page 123
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 9              Health
     Division 6          Hospitals and Health Services Act 1927
     s. 263




     263.       Section 2 amended
                Section 2(1) is amended as follows:
                  (a) by inserting the following definition in the appropriate
                       alphabetical position --
5               "
                      "CEO" has the meaning given by section 3 of the
                          Health Legislation Administration Act 1984;
                                                                                         ";
                   (b) by deleting the definition of "Commissioner".
10   264.       Various references to Commissioner changed to CEO
                Each provision listed in the Table to this section is amended by
                deleting "Commissioner" in each place where it occurs and
                inserting instead --
                " CEO ".
15                                              Table
                  s. 26B(2), (3) and (4)                s. 26J(1)
                  s. 26C                                s. 26K(1)(c)
                  s. 26D(1), (2), (4), (5)(a)           s. 26N(1) and (3)
                    and (b), (6) and (7)                s. 26O(2)(a)
                  s. 26DA(2), (3) and (4)               s. 26R
                  s. 26F(1)                             s. 26S(1) and (3)
                  s. 26FA(1)                            s. 35A
                  s. 26G(1), (3) and (4)                s. 37(2f)(d)
                  s. 26H(3)                             s. 38(1)(c)
                  s. 26I(2)
                Note: The headings to sections 26G and 26S will be altered by deleting
                      "Commissioner" and inserting instead "CEO".




     page 124
               Machinery of Government (Miscellaneous Amendments) Bill 2005
                                                         Health           Part 9

                        Human Reproductive Technology Act 1991        Division 7

                                                                          s. 265




            Division 7 --Human Reproductive Technology Act 1991
     265.      The Act amended
               The amendments in this Division are to the Human
               Reproductive Technology Act 1991*.
5              [* Reprinted as at 12 July 2002.
                  For subsequent amendments see Western Australian
                  Legislation Information Tables for 2004, Table 1, p. 212-13.]
     266.      Section 3 amended
       (1) Section 3(1) is amended in the definition of "authorised officer"
10         as follows:
             (a) in paragraphs (a) and (d) by deleting "Commissioner of
                   Health" and inserting instead --
                   " CEO ";
             (b) in paragraph (b) by deleting "Commissioner" and
15                 inserting instead --
                   " CEO ".
       (2) Section 3(1) is amended as follows:
             (a) by inserting the following definition in the appropriate
                   alphabetical position --
20         "
                  "CEO" has the meaning given by section 3 of the
                      Health Legislation Administration Act 1984;
                                                                           ";
             (b) by deleting the definition commencing with
25                 "Commissioner of Health" and the definition of
                   "Director-General".




                                                                       page 125
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 9         Health
     Division 7     Human Reproductive Technology Act 1991
     s. 267




     267.       Section 13 amended
                Section 13(4) is amended by deleting "department of the Public
                Service of the State principally assisting the Minister in the
                administration of the Health Act 1911" and inserting instead --
5               "
                      Department as defined in section 3 of the Health
                      Legislation Administration Act 1984
                                                                               ".
     268.       Section 37 amended
10              Section 37(1a) is amended by deleting "Commission of Health"
                and inserting instead --
                " CEO ".
     269.       Sections 53ZC and 53ZI amended
                Sections 53ZC(1)(c) and 53ZI(c) are amended by deleting
15              "Commissioner as defined in section 3(1) of the Health
                Act 1911" and inserting instead --
                " CEO ".
     270.       Various references to Commissioner of Health changed to
                CEO
20      (1) Each provision listed in the Table to this subsection is amended
            by deleting "Commissioner of Health" in each place where it
            occurs and inserting instead --
            " CEO ".
                                         Table
                  s. 3(5)(c)                     s. 37(1)
                  s. 5(1), (2) and (5)           s. 38(1), (1a) and (1b)
                  s. 6(4)                        s. 40(1), (2) and (3)
                  s. 10(2)                       s. 41(1) and (3)
                  s. 11(1)(c)                    s. 42(1) and (3)

     page 126
         Machinery of Government (Miscellaneous Amendments) Bill 2005
                                                 Health                              Part 9

                 Human Reproductive Technology Act 1991                       Division 7

                                                                                     s. 270




          s. 12(2)(b)                            s. 43(1)
          s. 13(1) and (4)                       s. 44(1), (2), (3), (4) and (5)
          s. 14(1)(b)                            s. 45(1)
          s. 15(4)                               s. 46(3)(b)
          s. 19(2)(b)(ii)                        s. 47(1)
          s. 25(c)                               s. 48
          s. 26(2)                               s. 49(2e)(b), (2f) and (4)(a)
          s. 27(1)                               s. 50(1)(a)
          s. 28A(1)                              s. 51(5) and (6)
          s. 29(1), (3), (4), (5), (6), (7)      s. 53(4)
            and (8)                              s. 53ZQ(4)
          s. 30(1)(a) and (4)(a)                 s. 54(3)(a) and (6)
          s. 31(1)                               s. 56(1)(a)
          s. 32(1), (2) and (3)                  s. 57(1), (4), (5), (7), (8), (9)
          s. 35(1)                                 and (10)
          s. 36(1), (2), (2a), (2b), (2c)        s. 59(1), (2) and (4)
            and (3)                              s. 61(1)(b)
          s. 36A                                 Sch. cl. 11(1)
    (2) Each provision listed in the Table to this subsection is amended
        by deleting "Commissioner" in each place where it occurs and
        inserting instead --
        " CEO ".
5                                       Table


          s. 5(2), (6), (7), (8) and (9)         s. 33(2)(f), (g), (h) and (j)
             (defn. of "information")            s. 37(1), (2) and (3)
          s. 10(2)                               s. 38(1), (1a) and (1b)
          s. 11(1) and (2)(a)                    s. 40(1)
          s. 12(2)(b) and (c)                    s. 41(2) and (3)
          s. 13(2), (3), (4), (6), (7) and (8)   s. 42(1)
          s. 14(3)(b)                            s. 44(4) and (5)
          s. 20(5)(a)                            s. 51(5) and (6)
          s. 27(4)(a)                            s. 57(4)

                                                                                 page 127
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 9         Health
     Division 8     Medical Act 1894
     s. 271




                 s. 28(1)                             s. 59(4)
                 s. 29(1)(c), (2) and (3)             s. 60(3) and (4)(b)
                 s. 30(1) and (2)(b)                  Sch. cl. 11(1) and (2)
                 s. 32(1)
                Note: The heading to section 13 will be altered by deleting "Commissioner of
                      Health" and inserting instead "CEO".
                            Division 8 --      Medical Act 1894
     271.       The Act amended
5               The amendments in this Division are to the Medical Act 1894*.
                [* Reprinted as at 25 February 2000.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 277-8.]
     272.       Section 4 amended
10              Section 4(1a)(d) is amended by deleting "chief executive officer
                of the department principally assisting the Minister charged
                with the administration" and inserting instead --
                " Commissioner as defined in section 4(1) ".
                        Division 9 --      Mental Health Act 1996
15   273.       The Act amended
                The amendments in this Division are to the Mental Health
                Act 1996*.
                [* Reprint 1 as at 6 August 2004.
                   For subsequent amendments see Western Australian
20                 Legislation Information Tables for 2004, Table 1, p. 279.]




     page 128
            Machinery of Government (Miscellaneous Amendments) Bill 2005
                                                             Health                 Part 9

                                                    Nurses Act 1992           Division 10

                                                                                    s. 274




     274.   Section 3 amended
            Section 3 is amended as follows:
              (a) by inserting the following definition in the appropriate
                   alphabetical position --
5           "
                  "CEO" has the meaning given by section 3 of the
                       Health Legislation Administration Act 1984;
                                                                                       ";
              (b) by deleting the definition of "Commissioner".
10   275.   Various references to Commissioner changed to CEO
            Each provision listed in the Table to this section is amended by
            deleting "Commissioner" in each place where it occurs and
            inserting instead --
            " CEO ".
15                                       Table
             s. 10(a) and (e)                     s. 173(1) and (2)

             s. 11                                s. 174(1), (3) and (4)(g)


            Note: The headings to sections 11 and 173 will be altered by deleting
                  "Commissioner" and inserting instead "CEO".
                        Division 10 --       Nurses Act 1992
     276.   The Act amended
20          The amendments in this Division are to the Nurses Act 1992*.
            [* Reprint 2 as at 20 February 2004.
               For subsequent amendments see Western Australian
               Legislation Information Tables for 2004, Table 1, p. 309.]




                                                                                page 129
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 9           Health
     Division 11      Poisons Act 1964
     s. 277




     277.       Section 4 amended
                Section 4 is amended as follows:
                  (a) by inserting the following definition in the appropriate
                       alphabetical position --
5               "
                      "CEO" has the meaning given by section 3 of the
                           Health Legislation Administration Act 1984;
                                                                                 ";
                 (b) in the definition of "designated area" by deleting
10                   "Commissioner of Health" and inserting instead --
                     " CEO ".
     278.       Section 9 amended
                Section 9(2a) is amended by deleting "Commissioner of Health
                (within the meaning of the Health Act 1911)" and inserting
15              instead --
                " CEO ".
                         Division 11 --    Poisons Act 1964
     279.       The Act amended
                The amendments in this Division are to the Poisons Act 1964*.
20              [* Reprint 6 as at 10 September 2004.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 347.]




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            Machinery of Government (Miscellaneous Amendments) Bill 2005
                                                              Health         Part 9

                                                    Poisons Act 1964    Division 11

                                                                             s. 280




     280.   Section 5 amended
            Section 5(1) is amended as follows:
              (a) by inserting the following definition in the appropriate
                   alphabetical position --
5           "
                  "CEO" has the meaning given by section 3 of the
                      Health Legislation Administration Act 1984;
                                                                        ";
              (b) by deleting the definition of "Commissioner of Health".
10   281.   Section 55E amended
       (1) Section 55E(1) is amended by deleting "Commissioner of
           Health's" and inserting instead --
           " CEO's ".
       (2) Section 55E(1), (2) and (3) are amended by deleting
15         "Commissioner" in each place where it occurs and inserting
           instead --
           " CEO ".
     282.   Various references to Commissioner of Health changed
            to CEO
20          Each provision listed in the Table to this section is amended by
            deleting "Commissioner of Health" in each place where it
            occurs and inserting instead --
            " CEO ".
                                           Table
             s. 7(1)                                s. 40(ba)
             s. 8(2)(a) and (4)                     s. 41A(1) and (2)
             s. 19                                  s. 50(3)
             s. 23(2) and (4)                       s. 59
             s. 24(1), (2), (3), (4), (5) and (6)   s. 61(b)(v)
             s. 25(1) and (2)                       s. 61A
                                                                          page 131
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 9             Health
     Division 12        Tobacco Control Act 1990
     s. 283




                 s. 26A(1)(b), (2) and (3)            s. 61B
                 s. 26B(2) and (3)                    s. 63(1)
                 s. 27                                s. 64(1a), (2)(ha), (hb), (ja)
                 s. 28                                  and (r)
                 s. 29(1)                             s. 64B
                 s. 36A
                Note: The headings to sections 28 and 29 will be altered by deleting
                      "Commissioner of Health" and inserting instead "CEO".
                     Division 12 --        Tobacco Control Act 1990
     283.       The Act amended
5               The amendments in this Division are to the Tobacco Control
                Act 1990*.
                [* Reprinted as at 2 November 2001.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 453.]
10   284.       Section 4 amended
                Section 4 is amended as follows:
                  (a) by inserting the following definition in the appropriate
                       alphabetical position --
                "
15                    "CEO (Health)" has the meaning given to "CEO" by
                           section 3 of the Health Legislation Administration
                           Act 1984;
                                                                                       ";
                  (b) by deleting the definition of "the Commissioner of
20                    Health".




     page 132
             Machinery of Government (Miscellaneous Amendments) Bill 2005
                                                         Health         Part 9

                                         Transitional provisions   Division 13

                                                                        s. 285




     285.   Section 17 amended
       (1) Section 17(1) is amended by deleting paragraph (h) and
            inserting the following paragraph instead --
          "
5           (h) one shall be the CEO (Health) or the nominee of the
                  CEO (Health);
                                                                              ";
       (2) Section 17(8)(b) is amended by deleting "Commissioner of
           Health" and inserting instead --
10         " CEO (Health) ".
     286.   Section 19 amended
            Section 19 is amended by deleting "Public Service
            Commissioner" and inserting instead --
            " Minister for Public Sector Management ".
15   287.   Section 26 amended
            Section 26(3) is amended by deleting "at the Treasury".
     288.   Section 29 amended
            Section 29 is amended by deleting "Commissioner of Health"
            and inserting instead --
20          " CEO (Health) ".
                  Division 13 -- Transitional provisions


     289.   Commissioner of Health
       (1) A thing done or omitted to be done by, to or in relation to, the
           Commissioner of Health before commencement under, or for
25         the purposes of, an enactment has the same effect after
           commencement, to the extent that it has any force or


                                                                      page 133
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 9        Health
     Division 13   Transitional provisions
     s. 289




            significance after commencement, as if it had been done or
            omitted by, to or in relation to, the CEO.
        (2) In this section --
            "CEO" has the meaning given by section 3 of the Health
5                Legislation Administration Act 1984 as in force after
                 commencement;
            "commencement" means the time at which this Division comes
                 into operation;
            "Commissioner of Health" means the Commissioner of Health
10               referred to in section 6(1)(a) of the Health Legislation
                 Administration Act 1984 as in force before commencement.




     page 134
                Machinery of Government (Miscellaneous Amendments) Bill 2005
                                 Housing and Works, and Heritage             Part 10

                                       Country Housing Act 1998         Division 1

                                                                              s. 290




            Part 10 -- Housing and Works, and Heritage


                    Division 1 --    Country Housing Act 1998
     290.       The Act amended
                The amendments in this Division are to the Country Housing
5               Act 1998*.
                [* Reprinted as at 13 December 2002.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 99-100
                   and Act No. 49 of 2004.]
10   291.       Section 9A inserted
                Before section 10 the following section is inserted --
     "
            9A.      Authority to be an SES organisation
                     The Authority is to be an SES organisation under the
15                   Public Sector Management Act 1994.
                                                                                  ".
     292.       Section 11 amended
                Section 11(3) is amended in paragraphs (b) and (c) by deleting
                "with the approval of the Minister,".
20   293.       Section 13 amended
                Section 13(2) is deleted and the following subsections are
                inserted instead --
            "
                (2) The Minister must cause a copy of a direction under
25                  subsection (1) to be laid before each House of
                    Parliament, or dealt with under subsection (3), within
                    14 days after the direction is given.


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     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 10        Housing and Works, and Heritage
     Division 2     Government Employees' Housing Act 1964
     s. 294




                (3) If --
                       (a) at the commencement of the period referred to
                            in subsection (2) a House of Parliament is not
                            sitting; and
5                     (b) the Minister is of the opinion that that House
                            will not sit during that period,
                    the Minister is to transmit a copy of the direction to the
                    Clerk of that House.
                (4) A copy of a direction transmitted to the Clerk of a
10                  House is to be taken to have been laid before that
                    House.
                (5) The laying of a copy of a direction that is regarded as
                    having occurred under subsection (4) is to be recorded
                    in the Minutes, or Votes and Proceedings, of the House
15                  on the first sitting day of the House after the Clerk
                    received the copy.
                (6) The text of a direction under subsection (1) is to be
                    included in the annual report submitted by the
                    accountable authority of the Authority under section 66
20                  of the Financial Administration and Audit Act 1985.
                                                                                 ".
     294.       Section 15 amended
                Section 15(2) is amended by deleting "at the Treasury".
            Division 2 --   Government Employees' Housing Act 1964
25   295.       The Act amended
                The amendments in this Division are to the Government
                Employees' Housing Act 1964*.
                [* Reprinted as at 8 December 2000.
                   For subsequent amendments see Western Australian
30                 Legislation Information Tables for 2004, Table 1, p. 189.]

     page 136
            Machinery of Government (Miscellaneous Amendments) Bill 2005
                            Housing and Works, and Heritage               Part 10

                    Government Employees' Housing Act 1964          Division 2

                                                                           s. 296




     296.   Long title amended
            The long title is amended by deleting "; to provide for the
            establishment of the Government Employees' Housing
            Authority;".
5    297.   Section 4 amended
            Section 4 is amended as follows:
              (a) after paragraph (a) by inserting --
                   " and ";
             (b) after paragraph (b) by deleting "; and" and inserting a
10                 full stop;
              (c) by deleting paragraph (c).
     298.   Section 5 amended
            Section 5 is amended as follows:
              (a) by deleting the definition of "Authority" and inserting
15                 instead --
            "
                  "Authority" means the Housing Authority referred to
                       in section 6(4) of the Housing Act 1980;
                                                                               ";
20            (b) in the definition of "Fund" by deleting "Authority";
              (c) by deleting the definition of "permanent head".
     299.   Section 6 repealed
            Section 6 is repealed.
     300.   Part II repealed
25          Part II is repealed.




                                                                     page 137
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 10        Housing and Works, and Heritage
     Division 2     Government Employees' Housing Act 1964
     s. 301




     301.       Section 18 amended
                Section 18(1) and (2) are amended by deleting "permanent
                head" and inserting instead --
                " chief executive officer of a Department ".
5    302.       Section 19 amended
                Section 19 is amended by inserting after "powers conferred on
                the Authority by this" --
                " or any other ".
     303.       Section 21 repealed
10              Section 21 is repealed.
     304.       Section 23 amended
                Section 23(a) is amended by deleting "for the purposes of this
                Act".
     305.       Section 24 amended
15              Section 24(1) is amended as follows:
                  (a) by deleting "and kept at the Treasury, forming" and
                       inserting instead --
                       " , as ";
                 (b) by deleting "Authority" in the first place where it
20                     occurs.
                Note: The heading to section 24 will be altered by deleting "Authority".

     306.       Section 25 repealed
                Section 25 is repealed.




     page 138
              Machinery of Government (Miscellaneous Amendments) Bill 2005
                                Housing and Works, and Heritage        Part 10

                           Heritage of Western Australia Act 1990   Division 3

                                                                        s. 307




            Division 3 -- Heritage of Western Australia Act 1990
     307.     The Act amended
              The amendments in this Division are to the Heritage of Western
              Australia Act 1990*.
5             [* Reprinted as at 1 June 2001.
                 For subsequent amendments see Western Australian
                 Legislation Information Tables for 2004, Table 1, p. 203.]
     308.     Section 14 amended
         (1) Section 14(2)(a) is amended by deleting "for those purposes".
10       (2) Section 14(4) is amended by deleting "at the Treasury".
                        Division 4 --    Housing Act 1980
     309.     The Act amended
              The amendments in this Division are to the Housing Act 1980*.
              [* Reprinted as at 27 May 1999.
15               For subsequent amendments see Western Australian
                 Legislation Information Tables for 2004, Table 1, p. 209.]
     310.     Long title amended
              The long title is amended by deleting "preserve and continue
              The State Housing Commission" and inserting instead --
20   "
            provide for the Housing Authority by merging the
            Government Employees' Housing Authority into The State
            Housing Commission
                                                                             ".




                                                                     page 139
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 10           Housing and Works, and Heritage
     Division 4        Housing Act 1980
     s. 311




     311.       Section 5 amended
                Section 5(1)(a) is amended as follows:
                  (a) by inserting the following definitions in the appropriate
                       alphabetical positions --
5               "
                      "Authority" means the Housing Authority referred to
                           in section 6(4);
                      "officer of the Authority" means --
                           (a) the chief executive officer of the Authority;
10                         (b) an officer referred to in section 17(b); and
                           (c) an officer or employee referred to in
                                 section 18A(1) whose services the Authority
                                 is making use of;
                                                                               ";
15                (b) in the definition of "the Fund" by deleting "The State"
                       and inserting instead --
                       " the ";
                  (c) by deleting the definitions of "appointed member",
                       "chairman", "member", "officer of the Commission"
20                     and "the Commission".
     312.       Heading to Part II amended
                The heading to Part II is amended by deleting "Commission"
                and inserting instead --
                "   Authority      ".
25   313.       Heading to Part II Division 1 replaced
                The heading to Part II Division 1 is deleted and the following
                heading is inserted instead --
     "
                        Division 1 -- The Housing Authority
30                                                                               ".

     page 140
            Machinery of Government (Miscellaneous Amendments) Bill 2005
                             Housing and Works, and Heritage           Part 10

                                          Housing Act 1980          Division 4

                                                                        s. 314




     314.   Section 6 amended
       (1) Section 6 is amended by inserting before "The" the subsection
            designation "(1)".
       (2) At the end of section 6 the following subsections are inserted --
5         "
            (2) At the merger time the former body merges into The
                 State Housing Commission.
            (3) The State Housing Commission, as renamed by
                 subsection (4), is a continuation of the former body.
10          (4) Immediately after the merger time The State Housing
                 Commission is renamed as the Housing Authority.
            (5) In this section --
                 "former body" means the Government Employees'
                      Housing Authority established by section 8 of the
15                    Government Employees' Housing Act 1964 as in
                      force before the merger time;
                 "merger time" means the time at which section 314 of
                      the Machinery of Government (Miscellaneous
                      Amendments) Act 2005 comes into operation.
20                                                                        ".
     315.   Section 7 amended
            Section 7(2) is amended by inserting before "affixed" in the first
            place where it occurs --
            " or the former body (within the meaning of section 6) ".




                                                                     page 141
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 10              Housing and Works, and Heritage
     Division 4           Housing Act 1980
     s. 316




     316.          Sections 8 to 10 replaced
                   Sections 8, 9 and 10 are repealed and the following sections are
                   inserted instead --
     "
5             8.        Authority to be an SES organisation
                        The Authority is to be an SES organisation under the
                        Public Sector Management Act 1994.
              9.        Management
                   (1) The Authority is to be governed by its chief executive
10                     officer.
                   (2) The chief executive officer, in the name of the
                       Authority, is to perform the functions of the Authority
                       under this Act or any other written law.
                                                                                  ".
15   317.          Heading to Part II Division 2 amended
                   The heading to Part II Division 2 is amended by deleting
                   "Commission" and inserting instead --
                   "   Authority    ".
     318.          Section 11 amended
20       (1) Section 11(1) is amended by inserting after "Act" --
             " and the Government Employees' Housing Act 1964 ".
         (2) Section 11(2) and (3) are repealed.




     page 142
              Machinery of Government (Miscellaneous Amendments) Bill 2005
                                Housing and Works, and Heritage          Part 10

                                             Housing Act 1980          Division 4

                                                                           s. 319




     319.     Sections 11A and 11B inserted
              After section 11 the following sections are inserted --
     "
            11A.    Minister may give directions
5             (1) The Minister may give written directions to the
                  Authority with respect to the performance of its
                  functions under this or any other Act, either generally
                  or in relation to a particular matter, and the Authority is
                  to give effect to any such direction.
10            (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 subsection (3), within
                  14 days after the direction is given.
              (3) If --
15                   (a) at the commencement of the period referred to
                           in subsection (2) a House of Parliament is not
                           sitting; and
                    (b) the Minister is of the opinion that that House
                           will not sit during that period,
20                the Minister is to transmit a copy of the direction to the
                  Clerk of that House.
              (4) A copy of a direction transmitted to the Clerk of a
                  House is to be taken to have been laid before that
                  House.
25            (5) The laying of a copy of a direction that is regarded as
                  having occurred under subsection (4) is to be recorded
                  in the Minutes, or Votes and Proceedings, of the House
                  on the first sitting day of the House after the Clerk
                  received the copy.
30            (6) The text of a direction under subsection (1) is to be
                  included in the annual report submitted by the

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     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 10          Housing and Works, and Heritage
     Division 4       Housing Act 1980
     s. 319




                     accountable authority of the Authority under section 66
                     of the Financial Administration and Audit Act 1985.
              11B.   Minister to have access to information
                (1) The Minister is entitled --
5                     (a) to have information in the possession of the
                             Authority; and
                      (b) if the information is in or on a document, to
                             have, and make and retain copies of, that
                             document.
10              (2) For the purposes of subsection (1) the Minister may --
                      (a) request the Authority to furnish information to
                             the Minister;
                      (b) request the Authority to give the Minister
                             access to information;
15                    (c) for the purposes of paragraph (b) make use of
                             the staff of the Authority to obtain the
                             information and furnish it to the Minister.
                (3) The Authority has to comply with a request under
                    subsection (2) and make staff and facilities available to
20                  the Minister for obtaining information under
                    subsection (2)(c).
                (4) In this section --
                    "document" includes any tape, disk or other device or
                         medium on which information is recorded or
25                       stored mechanically, photographically,
                         electronically or otherwise;
                    "information" means information specified, or of a
                         description specified, by the Minister that relates
                         to the functions of the Authority under this or any
30                       other Act.
                                                                                ".


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            Machinery of Government (Miscellaneous Amendments) Bill 2005
                              Housing and Works, and Heritage          Part 10

                                           Housing Act 1980        Division 4

                                                                        s. 320




     320.   Section 12 amended
            Section 12 is amended by inserting after "for the purposes of
            this Act" --
            " and the Government Employees' Housing Act 1964 ".
5    321.   Section 12A amended
       (1) Section 12A(1) is amended by inserting after "the objects of this
           Act" --
           " or the Government Employees' Housing Act 1964 ".
       (2) Section 12A(4) is amended by inserting after "exercise under
10         this Act" --
           " or the Government Employees' Housing Act 1964 ".
     322.   Section 13 amended
            Section 13(1) is amended as follows:
              (a) by inserting after "under this Act" --
15                 " or the Government Employees' Housing Act 1964 ".
             (b) by deleting "a member or".
     323.   Section 16 amended
            Section 16(1) is amended by inserting after "this Act" --
            " or the Government Employees' Housing Act 1964 ".
20   324.   Heading to Part II Division 3 amended
            The heading to Part II Division 3 is amended by deleting
            "Commission" and inserting instead --
            "   Authority     ".




                                                                    page 145
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 10           Housing and Works, and Heritage
     Division 4        Housing Act 1980
     s. 325




     325.       Section 17 amended
         (1) Section 17 is amended as follows:
                (a) by inserting before "To enable" the subsection
                      designation "(1)";
5               (b) in paragraph (a) by deleting "general manager" and
                      inserting instead --
                      " chief executive officer ";
                (c) in paragraph (b) by deleting ", employed or engaged,";
                (d) in paragraph (b) by deleting ", employees and other
10                    persons".
         (2) At the end of section 17 the following subsections are
              inserted --
            "
              (2) The chief executive officer of the Authority cannot be
15                  excluded from the Senior Executive Service under
                    section 43(3) of the Public Sector Management
                    Act 1994.
              (3) The chief executive officer is responsible for, and has
                    the necessary powers to administer, the day to day
20                  operations of the Authority.
                                                                                  ".
     326.       Section 18A inserted
                After section 18 the following section is inserted in Part II --
     "
25            18A.    Use of other staff and facilities
                (1) The Authority may by arrangement with the relevant
                    employing authority make use, either full-time or
                    part-time, of the services of any officer or employee --
                      (a) in the Public Service;
30                    (b) in a State agency or instrumentality; or
                      (c) otherwise in the service of the State.

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            Machinery of Government (Miscellaneous Amendments) Bill 2005
                             Housing and Works, and Heritage         Part 10

                                          Housing Act 1980        Division 4

                                                                      s. 327




            (2) The Authority may by arrangement with --
                  (a) a department of the Public Service; or
                  (b) a State agency or instrumentality,
                make use of any facilities of the department, agency or
5               instrumentality.
            (3) An arrangement under subsection (1) or (2) is to be
                made on such terms as are agreed to by the parties.
            (4) In this section, "employing authority", "Public
                Service" and other expressions used in the Public
10              Sector Management Act 1994 have the same respective
                meanings as they have in that Act.
                                                                            ".
     327.   Section 22 amended
            Section 22(3) is amended by deleting "this Act" and inserting
15          instead --
            " this or any other Act ".
     328.   Heading to Part IV amended
            The heading to Part IV is amended by deleting "Commission"
            and inserting instead --
20          "   Authority      ".
     329.   Section 50 amended
            Section 50(3) is amended as follows:
              (a) by inserting after "this Act" in the first place where it
                   occurs --
25                 " or the Government Employees' Housing Act 1964 ".
             (b) by deleting "this Act" in the second place where it
                   occurs and inserting instead --
                   " those Acts ".

                                                                   page 147
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 10               Housing and Works, and Heritage
     Division 4            Housing Act 1980
     s. 330




     330.           Section 62 amended
         (1) Section 62(1) is amended by deleting "for that purpose".
         (2) Section 62(2) is amended by deleting "at the Treasury".
         (3) Section 62(2), (4), (5), (6) and (8) are amended by deleting "The
5            State" and inserting instead --
             " the ".
     331.           Section 69 replaced
                    Section 69 is repealed and the following section is inserted
                    instead --
10   "
              69.         Protection from personal liability
                    (1) An action in tort does not lie against a person other
                        than the Authority for anything that the person has
                        done, in good faith, in the performance or purported
15                      performance of a function under this Act.
                    (2) The protection given by subsection (1) applies even
                        though the thing done as described in that subsection
                        may have been capable of being done whether or not
                        this Act had been enacted.
20                  (3) Despite subsection (1), neither the Authority nor the
                        Crown is relieved of any liability that it might have for
                        another person having done anything as described in
                        that subsection.
                    (4) In this section, a reference to the doing of anything
25                      includes a reference to an omission to do anything.
                                                                                     ".
     332.           References to Commission changed to Authority
                    Each provision that contains a reference to the Commission
                    (other than Part IX and provisions deleted or repealed by this

     page 148
            Machinery of Government (Miscellaneous Amendments) Bill 2005
                                 Housing and Works, and Heritage                  Part 10

                                           Public Works Act 1902              Division 5

                                                                                   s. 333




            Division) is amended by deleting "Commission" in each place
            where it occurs and inserting instead --
            " Authority ".
            Note: The heading to section 6 will be altered to read "The Housing
5                 Authority".
                  The heading to section 11 will be altered to read "Authority to
                  implement housing Acts".
                  The heading to section 17 will be altered to read "Chief executive
                  officer of the Authority and other officers and employees".
10                The heading to section 44 will be altered by deleting "Commission's"
                  and inserting instead "Authority's".
                  The headings to sections 7, 12, 37, 45, 46, 49 and 60 will be altered by
                  deleting "Commission" and inserting instead "Authority".
                    Division 5 --       Public Works Act 1902
15   333.   The Act amended
            The amendments in this Division are to the Public Works
            Act 1902*.
            [* Reprinted as at 1 June 2001.
               For subsequent amendments see Western Australian
20             Legislation Information Tables for 2004, Table 1, p. 372.]
     334.   Section 2 amended
            Section 2 is amended in the definition of "Public work" by
            inserting after paragraph (9) the following paragraph --
                 "
25                    (9a) Public housing.
                                                                                        ".
     335.   Section 9E amended
            Section 9E(2)(a) is amended by deleting "for the purposes of
            this Part".


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     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 10        Housing and Works, and Heritage
     Division 6     Transitional matters
     s. 336




                       Division 6 -- Transitional matters
     336.       Financial reporting
        (1) Despite the continuation of the former bodies as part of the
            Housing Authority, section 65A of the Financial Administration
5           and Audit Act 1985 applies in relation to the preparation and
            submission of a final report in respect of the former body as
            if --
               (a) at commencement, it were abolished;
               (b) references in that section to a department were
10                   references to the former body; and
               (c) references in that section to provisions of sections 62 to
                     65 of the Financial Administration and Audit Act 1985
                     were references to the equivalent provisions of
                     sections 66 to 70 of that Act,
15          except that --
               (d) the period to which the final report is to relate is the
                     final period; and
               (e) the references in sections 66(1), 68 and 70(1) to the end
                     of the financial year are to be read as references to the
20                   end of the final period.
        (2) If at commencement, any duty imposed by Part II Division 14
            of the Financial Administration and Audit Act 1985 on the
            accountable authority of the former body has not been complied
            with in relation to the former body for any financial year that
25          expired before commencement, that duty subsists and is to be
            performed by the reporting officer as if the reporting officer
            were the accountable authority.
        (3) The time within which the reporting officer is to perform a duty
            referred to in subsection (2) is extended until the end of the day
30          that is 2 months after the day on which the reporting officer is
            appointed, but this subsection does not prevent the time from
            being extended again under section 70 of the Financial
            Administration and Audit Act 1985.
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            Machinery of Government (Miscellaneous Amendments) Bill 2005
                            Housing and Works, and Heritage           Part 10

                                        Transitional matters       Division 6

                                                                       s. 337




       (4) The Housing Authority is to give the reporting officer access to
           all records necessary for the purposes of this section.
       (5) In this section --
           "final period" means the period starting at the beginning of the
5                1 July immediately before commencement and ending
                 immediately before commencement;
           "reporting officer" means the person appointed under
                 section 65A(2) of the Financial Administration and Audit
                 Act 1985 as applied because of subsection (1).
10   337.   References to former bodies
            After commencement, a reference to the former body in an
            instrument or other document is to be taken to be a reference to
            the Housing Authority unless the contrary intention appears or
            the context otherwise requires.
15   338.   Government Employees' Housing Act 1964
       (1) The Government Employees' Housing Fund referred to in
           section 24(1) of the Government Employees' Housing Act 1964
           as in force after commencement is a continuation of the
           Government Employees' Housing Authority Fund referred to in
20         that section as in force before commencement.
       (2) After commencement, a reference to the Government
           Employees' Authority Housing Fund in an instrument or other
           document is to be taken to be a reference to the Government
           Employees' Housing Fund referred to in section 24(1) of the
25         Government Employees' Housing Act 1964 as in force after
           commencement unless the contrary intention appears or the
           context otherwise requires.




                                                                    page 151
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 10        Housing and Works, and Heritage
     Division 6     Transitional matters
     s. 339




     339.       Housing Act 1980
        (1) After commencement, a reference to The State Housing
            Commission in an instrument or other document is to be taken
            to be a reference to the Housing Authority unless the contrary
5           intention appears or the context otherwise requires.
        (2) The office of chief executive officer of the Housing Authority is
            a continuation of the office of general manager of The State
            Housing Commission referred to in the Housing Act 1980 as in
            force before commencement.
10      (3) The Housing Authority Fund referred to in section 62(2) of the
            Housing Act 1980 as in force after commencement is a
            continuation of The State Housing Commission Fund referred to
            in that subsection as in force before commencement.
        (4) After commencement, a reference to The State Housing
15          Commission Fund in an instrument or other document is to be
            taken to be a reference to the Housing Authority Fund referred
            to in section 62(2) of the Housing Act 1980 as in force after
            commencement unless the contrary intention appears or the
            context otherwise requires.
20      (5) Section 69 of the Housing Act 1980, as in force before
            commencement, continues to apply in relation to things done or
            omitted to be done and agreements entered into before
            commencement.
     340.       Interpretation
25              In this Division --
                "commencement" means the time at which section 314 comes
                    into operation;
                "former body" means --
                    (a) the Country Housing Authority established by
30                        section 4 of the Country Housing Act 1998 as in force
                          before commencement;


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    Machinery of Government (Miscellaneous Amendments) Bill 2005
                    Housing and Works, and Heritage       Part 10

                                Transitional matters   Division 6

                                                           s. 340




       (b) the Government Employees' Housing Authority
             established by section 8 of the Government
             Employees' Housing Act 1964 as in force before
             commencement;
5   "Housing Authority" means the Housing Authority referred to
       in section 6(4) of the Housing Act 1980 as in force after
       commencement.




                                                        page 153
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 11        Indigenous Affairs
     Division 1     Aboriginal Affairs Planning Authority Act 1972
     s. 341




                        Part 11 -- Indigenous Affairs
       Division 1 --    Aboriginal Affairs Planning Authority Act 1972
     341.       The Act amended
                The amendments in this Division are to the Aboriginal Affairs
5               Planning Authority Act 1972*.
                [* Reprinted as at 5 February 1999.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 2.]
     342.       Long title amended
10              The long title is amended by deleting ", a Commissioner for
                Aboriginal Planning".
     343.       Section 4 amended
                Section 4 is amended as follows:
                  (a) by inserting the following definitions in the appropriate
15                     alphabetical positions --
                "
                      "CEO" means the chief executive officer of the
                           Department;
                      "Department" means the department of the Public
20                         Service principally assisting in the administration
                           of this Act;
                                                                               ";
                  (b) by deleting the definitions of "Commissioner" and "the
                       Department".
25   344.       Section 10 repealed
                Section 10 is repealed.



     page 154
            Machinery of Government (Miscellaneous Amendments) Bill 2005
                                              Indigenous Affairs     Part 11

                  Aboriginal Affairs Planning Authority Act 1972   Division 1

                                                                       s. 345




     345.   Section 16 repealed
            Section 16 is repealed.
     346.   Section 17 amended
            Section 17 is amended by deleting "Commissioner, or deputy of
5           the Commissioner" and inserting instead --
            " CEO ".
     347.   Section 19 amended
            Section 19(1) is amended as follows:
              (a) in paragraph (a) by deleting "Commissioner, or in his
10                 absence the deputy of the Commissioner" and inserting
                   instead --
                   " CEO ";
             (b) by deleting paragraph (c) and inserting the following
                   paragraph instead --
15               "
                    (c) the chief executive officer of each of the
                         following --
                            (i) the department of the Public Service for
                                which the Under Treasurer is the chief
20                              executive officer;
                           (ii) the Department as defined in section 3
                                of the Health Legislation Administration
                                Act 1984;
                          (iii) the Department as defined in section 3
25                              of the Children and Community
                                Services Act 2004;
                          (iv) the department referred to in section 228
                                of the School Education Act 1999;
                           (v) the Housing Authority.
30                                                                       ";


                                                                    page 155
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 11              Indigenous Affairs
     Division 1           Aboriginal Affairs Planning Authority Act 1972
     s. 348




                   (c) in paragraph (c)(iii) by deleting "Community Services
                       Act 1972" and inserting instead --
                       " Children and Community Services Act 2004 ".
     348.       Section 43 amended
5       (1) Section 43(1) is amended as follows:
             (a) in paragraph (a) by deleting "for the purpose";
             (b) after paragraph (e) by deleting "and";
             (c) after paragraph (f) by deleting the full stop and
                   inserting --
10                 "
                         ; and
                   (g) any other moneys lawfully received by, made
                         available to, or payable to the Authority.
                                                                                             ".
15      (2) Section 43(2) is amended by deleting "at the Treasury".
     349.       Various references to Commissioner changed to CEO
                Each provision listed in the Table to this section is amended by
                deleting "Commissioner" in each place where it occurs and
                inserting instead --
20              " CEO ".
                                             Table
                  s. 11(1) and (2)                    s. 39(2) and (4)

                  s. 14(4)(a)                         s. 40(a)

                  s. 31(2)                            s. 47(b)

                  s. 37                               First Sch. cl. 6


                Note: The heading to section 11 will be altered by deleting "Commissioner"
                      and inserting instead "CEO ".




     page 156
            Machinery of Government (Miscellaneous Amendments) Bill 2005
                                            Indigenous Affairs      Part 11

                                        Transitional provisions   Division 2

                                                                      s. 350




                   Division 2 -- Transitional provisions


     350.   Aboriginal Affairs Planning Authority Act 1972
       (1) A thing done or omitted to be done by, to or in relation to the
           Commissioner before commencement has the same effect after
5          commencement, to the extent that it has any force or
           significance after commencement, as if it had been done or
           omitted by, to or in relation to the CEO.
       (2) Section 35(5) of the Aboriginal Affairs Planning Authority
           Act 1972 (as in force before commencement) continues to apply
10         in relation to things done or omitted to be done before
           commencement by the Director-General of the department
           established under section 4 of the Community Services Act 1972
           (as in force immediately before commencement).
       (3) In this section --
15         "CEO" has the meaning given by section 4 of the Aboriginal
                Affairs Planning Authority Act 1972 as in force after
                commencement;
           "commencement" means the time at which section 342 comes
                into operation;
20         "Commissioner" has the meaning given to "Commissioner for
                Aboriginal Affairs" by section 10 of the Aboriginal Affairs
                Planning Authority Act 1972 as in force before
                commencement.




                                                                   page 157
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 12        Local Government and Regional Development, and Land
                    Information
     Division 1     Animal Welfare Act 2002
     s. 351




               Part 12 -- Local Government and Regional
                  Development, and Land Information
                     Division 1 --    Animal Welfare Act 2002
     351.       The Act amended
5               The amendments in this Division are to the Animal Welfare
                Act 2002*.
                [* Act No. 33 of 2002.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 23.]
10   352.       Section 5 amended
                Section 5(1) is amended as follows:
                  (a) by inserting the following definition in the appropriate
                       alphabetical position --
                "
15                    "CEO" means the chief executive officer of the
                          Department;
                                                                                 ";
                  (b) by deleting the definition of "Director General".
     353.       Section 90 amended
20              Section 90(2) is amended by deleting "Director General's" and
                inserting instead --
                " CEO's ".
     354.       Various references to Director General changed to CEO
                Each provision listed in the Table to this section is amended by
25              deleting "Director General" in each place where it occurs and
                inserting instead --
                " CEO ".

     page 158
               Machinery of Government (Miscellaneous Amendments) Bill 2005
            Local Government and Regional Development, and Land                        Part 12

                                                        Information
                      Control of Vehicles (Off-road Areas) Act 1978                Division 2

                                                                                        s. 355




                                                 Table
                s. 18(1), (2) and (4)                    s. 44(11) (defn. "owner")

                s. 33(1), (2), (3), (4) and (5)          s. 55(5)

                s. 34(1), (2), (3) and (4)               s. 82(1) and (4)

                s. 35(2) and (4)(b)                      s. 83(1), (2) and (4)

                s. 36(1) and (3)                         s. 89

                s. 37(1)(d) and (2)(c)                   s. 90(1) and (2)


               Note:   The heading to section 89 will be altered by deleting "Director General"
                                             CEO".
                       and inserting instead "



        Division 2 --   Control of Vehicles (Off-road Areas) Act 1978
5    355.      The Act amended
               The amendments in this Division are to the Control of Vehicles
               (Off-road Areas) Act 1978*.
               [* Reprinted as at 2 August 2002.
                  For subsequent amendments see Western Australian
10                Legislation Information Tables for 2004, Table 1, p. 93-4 and
                  Act No. 49 of 2004.]
     356.      Section 3 amended
               Section 3(1) is amended by deleting the definition of
               "departmental adviser".
15   357.      Section 21 amended
               Section 21(8) is repealed.
     358.      Section 22 repealed
               Section 22 is repealed.




                                                                                     page 159
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 12        Local Government and Regional Development, and Land
                    Information
     Division 3     Local Government Act 1995
     s. 359




     359.       Section 38 amended
                Section 38(2) is amended by deleting paragraphs (a), (b), (c)
                and (d) and inserting the following paragraphs instead --
                     "
5                       (a) an inspector, under the Environmental
                              Protection Act 1986;
                        (b) a conservation and land management officer,
                              forest officer, wildlife officer or ranger, under
                              the Conservation and Land Management
10                            Act 1984;
                                                                                  ".
                    Division 3 --    Local Government Act 1995
     360.       The Act amended
                The amendments in this Division are to the Local Government
15              Act 1995*.
                [* Reprint 2 as at 2 April 2004.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 266 and
                   Act No. 49 of 2004.]
20   361.       Section 1.4 amended
                Section 1.4 is amended as follows:
                  (a) by inserting the following definition in the appropriate
                       alphabetical position --
                "
25                    "Departmental CEO" means the chief executive
                          officer of the Department;
                                                                                  ";
                  (b) by deleting the definition of "Executive Director".



     page 160
               Machinery of Government (Miscellaneous Amendments) Bill 2005
            Local Government and Regional Development, and Land                        Part 12

                                                    Information
                                      Local Government Act 1995                    Division 3

                                                                                        s. 362




     362.      Section 9.58 amended
               Section 9.58(4)(b) is deleted and the following paragraph is
               inserted instead --
                    "
5                      (b) lodge with the Commissioner as defined in
                             section 4(1) of the Consumer Affairs Act 1971,
                                                                                            ".
     363.      Section 9.67 amended
               Section 9.67(1) is amended by deleting "the Executive
10             Director's" and inserting instead --
               " the Departmental CEO's ".
     364.      Various references to Executive Director changed to
               Departmental CEO
               Each provision listed in the Table to this section is amended by
15             deleting "Executive Director" in each place where it occurs and
               inserting instead --
               " Departmental CEO ".
                                              Table
                s. 7.7                                 s. 8.36(1)

                s. 7.8(2)                              s. 8.41(2)

                s. 8.1                                 s. 8.43(2)

                s. 8.2(1)                              s. 8.44

                s. 8.3(1), (2), (3) and (4)            s. 9.45

                s. 8.4(2) and (4)                      s. 9.66(1)

                s. 8.13(3) and (4)                     s. 9.67(1)

                s. 8.14(1) and (2)                     Sch. 2.5 cl. 10

                s. 8.35(3)


               Note:   The headings to sections 7.7, 8.2, 8.3 and 9.67 will be altered by
20                                                                         Departmental
                       deleting "Executive Director" and inserting instead "
                       CEO   ".




                                                                                     page 161
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 12        Local Government and Regional Development, and Land
                    Information
     Division 4     Local Government Grants Act 1978
     s. 365




                Division 4 -- Local Government Grants Act 1978
     365.       The Act amended
                The amendments in this Division are to the Local Government
                Grants Act 1978*.
5               [* Reprinted as at 1 March 2002.
                   For subsequent amendments see Act No. 49 of 2004.]
     366.       Section 3 amended
                Section 3 is amended by inserting the following definition in the
                appropriate alphabetical position --
10              "
                      "Department" has the meaning given by section 1.4 of
                           the Local Government Act 1995;
                                                                                ".
     367.       Section 5 amended
15              Section 5(1)(b) is amended by deleting "of Local Government
                of the State".
     368.       Section 6 amended
                Section 6(2)(f) is amended by deleting "of Local Government".
        Division 5 --     Regional Development Commissions Act 1993
20   369.       The Act amended
                The amendments in this Division are to the Regional
                Development Commissions Act 1993*.
                [* Reprinted as at 26 November 1999.
                   For subsequent amendments see Western Australian
25                 Legislation Information Tables for 2004, Table 1, p. 382-3
                   and Act No. 49 of 2004.]


     page 162
               Machinery of Government (Miscellaneous Amendments) Bill 2005
            Local Government and Regional Development, and Land           Part 12

                                                      Information
                                      Valuation of Land Act 1978       Division 6

                                                                           s. 370




     370.      Section 3 amended
               Section 3(1) is amended by deleting the definition of
               "Department".
     371.      Section 31 amended
5              Section 31(2) is amended by deleting "at the Treasury".
                   Division 6 --    Valuation of Land Act 1978
     372.      The Act amended
               The amendments in this Division are to the Valuation of Land
               Act 1978*.
10             [* Reprinted as at 15 June 2001.
                  For subsequent amendments see Western Australian
                  Legislation Information Tables for 2004, Table 1, p. 475.]
     373.      Section 4 amended
               Section 4(1) is amended in the definition of "unimproved value"
15             in paragraph (b)(iv) by deleting "Forests Department" and
               inserting instead --
                               "
                                     Department (as defined in section 3 of
                                     the Conservation and Land
20                                   Management Act 1984)
                                                                             ".




                                                                         page 163
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 13        Planning and Infrastructure
     Division 1     Land Administration Act 1997
     s. 374




                  Part 13 -- Planning and Infrastructure


                   Division 1 --Land Administration Act 1997
     374.       The Act amended
                The amendments in this Division are to the Land Administration
5               Act 1997*.
                [* Reprinted as at 22 June 2001.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 240-1.]
     375.       Section 3 amended
10              Section 3(1) is amended in the definition of "authorised land
                officer" by deleting "public service officer of the Department"
                and inserting instead --
                " a person ".
     376.       Section 8 amended
15      (1) Section 8(1) is amended in the definition of "the Program" by
            deleting "within the Department".
        (2) Section 8(8) is amended by deleting "the Department" and
            inserting instead --
            "
20                the department of the Public Service principally
                  assisting in the administration of the Program
                                                                                  ".
     377.       Section 30 amended
        (1) Section 30 is amended as follows:
25           (a) by inserting before "The Minister" the subsection
                   designation "(1)";



     page 164
                Machinery of Government (Miscellaneous Amendments) Bill 2005
                                     Planning and Infrastructure          Part 13

                                   Land Administration Act 1997        Division 1

                                                                           s. 378




              (b) by deleting "public service officer of the Department"
                   and inserting instead --
                   " person employed in or by a public authority ".
       (2) At the end of section 30 the following subsection is inserted --
5         "
            (2) In this section --
                 "public authority" means --
                     (a) a department of the Public Service; or
                     (b) a body, whether corporate or unincorporate,
10                         established for a public purpose under a
                           written law.
                                                                          ".
     378.       Section 202 amended
                After section 202(3) the following subsection is inserted --
15          "
                (4) In subsection (2)(b) --
                    "Department" means the department of the Public
                         Service principally assisting in the administration
                         of the TLA.
20                                                                              ".
     379.       Section 259 amended
                Section 259(2) is amended by inserting after "delegate of the
                Minister" --
                " , an authorised land officer ".




                                                                        page 165
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 13        Planning and Infrastructure
     Division 2     Main Roads Act 1930
     s. 380




                       Division 2 --    Main Roads Act 1930
     380.       The Act amended
                The amendments in this Division are to the Main Roads
                Act 1930*.
5               [* Reprinted as at 28 January 2000.]
     381.       Section 31 amended
                Section 31(1) is amended as follows:
                  (a) by deleting "maintained at the Treasury,";
                 (b) in paragraph (a) by deleting "for the purposes of this
10                      Act";
                  (c) at the end of paragraph (c) by deleting "and";
                 (d) after paragraph (d) by deleting the full stop and inserting
                        instead --
                      "
15                            ; and
                        (e) any other moneys lawfully received by, made
                              available to, or payable to the Commissioner.
                                                                               ".
      Division 3 --    Western Australian Coastal Shipping Commission
20                                Act 1965
     382.       The Act amended
                The amendments in this Division are to the Western Australian
                Coastal Shipping Commission Act 1965*.
                [* Reprinted as at 8 March 2002.]
25   383.       Section 25 amended
        (1) Section 25(1)(a) is amended by deleting "for that purpose".
        (2) Section 25(2)(a) is amended by deleting "at the Treasury".

     page 166
               Machinery of Government (Miscellaneous Amendments) Bill 2005
                                       Planning and Infrastructure      Part 13

               Western Australian Marine (Sea Dumping) Act 1981      Division 4

                                                                         s. 384




            Division 4 --   Western Australian Marine (Sea Dumping)
                                    Act 1981
     384.      The Act amended
               The amendments in this Division are to the Western Australian
5              Marine (Sea Dumping) Act 1981*.
               [* Reprint 1 as at 6 August 2004.]
     385.      Section 14 amended
               Section 14(8)(c)(i) is amended by deleting "Department of
               Fisheries and Wildlife" and inserting instead --
10                            "
                                     CEO as defined in section 4(1) of the
                                     Fish Resources Management Act 1994
                                                                             ".




                                                                      page 167
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 14        Police and Emergency Services
     Division 1        Bush Fires Act 1954
     s. 386




                Part 14 -- Police and Emergency Services
                        Division 1 --    Bush Fires Act 1954
     386.       The Act amended
                The amendments in this Division are to the Bush Fires
5               Act 1954*.
                [* Reprint 6 as at 1 August 2003
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 48.]
     387.       Section 7 amended
10              Section 7(1) is amended by inserting the following definitions in
                the appropriate alphabetical positions --
                "
                      "CALM Act CEO" has the meaning given to "CEO"
                          by section 3 of the Conservation and Land
15                        Management Act 1984;
                      "CALM Act Department" has the meaning given to
                          "Department" by section 3 of the Conservation
                          and Land Management Act 1984;
                                                                               ".
20   388.       Section 28 amended
                Section 28(4)(a) and (b) are amended by deleting "Executive
                Director of the Department of Conservation and Land
                Management" and inserting instead --
                " CALM Act CEO ".




     page 168
            Machinery of Government (Miscellaneous Amendments) Bill 2005
                              Police and Emergency Services         Part 14

                                         Bush Fires Act 1954     Division 1

                                                                     s. 389




     389.   Section 34 amended
            Section 34(2) is amended as follows:
             (a) in paragraphs (a) and (b) by deleting "Executive
                   Director of the Department of Conservation and Land
5                  Management" and inserting instead --
                   " CALM Act CEO ";
             (b) in paragraph (a) by deleting "Executive Director" in the
                   second and third places where it occurs and inserting
                   instead --
10                 " CALM Act CEO ".
     390.   Section 37 amended
            Section 37(2)(a) and (b) are amended by deleting "Department
            of Conservation and Land Management" and inserting
            instead --
15          " CALM Act Department ".
     391.   Section 58 amended
            Section 58(3) is amended by deleting "Executive Director of the
            Department of Conservation and Land Management" and
            inserting instead --
20          " CALM Act CEO ".
     392.   Section 66 amended
            Section 66(1)(b)(iii) is amended as follows:
              (a) by deleting "Executive Director of the Department of
                   Conservation and Land Management" and inserting
25                 instead --
                   " CALM Act CEO ";




                                                                  page 169
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 14        Police and Emergency Services
     Division 2     Misuse of Drugs Act 1981
     s. 393




                  (b) by deleting "Department of Conservation and Land
                      Management" in the second place where it occurs and
                      inserting instead --
                      " CALM Act Department ".
5                    Division 2 --    Misuse of Drugs Act 1981
     393.       The Act amended
                The amendments in this Division are to the Misuse of Drugs
                Act 1981*.
                [* Reprinted as at 11 January 2002.
10                 For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 296.]
     394.       Section 38D amended
        (1) Section 38D(1) is repealed and the following subsection is
             inserted instead --
15         "
             (1) In this section --
                   "CEO (Health)" has the meaning given to "CEO" by
                        section 3 of the Health Legislation Administration
                        Act 1984.
20                                                                              ".
        (2) Section 38D(2) is amended by deleting "Commissioner of
            Health" in the 2 places where it occurs and inserting instead --
            " CEO (Health) ".




     page 170
            Machinery of Government (Miscellaneous Amendments) Bill 2005
       Premier, Public Sector Management, and Water Resources           Part 15

                          Constitution Acts Amendment Act 1899       Division 1

                                                                         s. 395




      Part 15 -- Premier, Public Sector Management, and
                      Water Resources
            Division 1 --Constitution Acts Amendment Act 1899
     395.    The Act amended
5            The amendments in this Division are to the Constitution Acts
             Amendment Act 1899*.
             [* Reprint 13 as at 18 March 2005.
                For subsequent amendments see Act No. 59 of 2004.]
     396.    Schedule V amended
10           Schedule V Part 3 is amended as follows:
              (a) by deleting the items relating to the Government
                    Employees' Housing Authority and The State Housing
                    Commission;
              (b) by deleting the item relating to the Fishing and Allied
15                  Industries Committee.
             Division 2 --Public Sector Management Act 1994
     397.    The Act amended
             The amendments in this Division are to the Public Sector
             Management Act 1994*.
20           [* Reprint 6 as at 14 May 2004.
                For subsequent amendments see Western Australian
                Legislation Information Tables for 2004, Table 1, p. 368.]
     398.    Schedule 2 amended
             Schedule 2 is amended by deleting item 47 and inserting the
25           following item instead --
       "
            47     Housing Authority, provided for under the Housing Act 1980
                                                                                ".

                                                                      page 171
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 15        Premier, Public Sector Management, and Water Resources
     Division 3     Water Corporation Act 1995
     s. 399




                      Division 3 --   Water Corporation Act 1995
     399.         The Act amended
                  The amendments in this Division are to the Water Corporation
                  Act 1995*.
5                 [* Reprint 2 as at 2 July 2004.]
     400.         Section 73 amended
                  Section 73(1) is repealed and the following subsection is
                  inserted instead --
              "
10                (1) Funds of the corporation are to be credited to an
                      account --
                        (a) forming part of the Trust Fund constituted
                             under section 9 of the Financial Administration
                             and Audit Act 1985; or
15                      (b) with the approval of the Treasurer, at a bank.
                                                                               ".




     page 172
            Machinery of Government (Miscellaneous Amendments) Bill 2005
                                        Racing and Gaming             Part 16

                  Gaming and Wagering Commission Act 1987          Division 1

                                                                        s. 401




                     Part 16 -- Racing and Gaming
        Division 1 -- Gaming and Wagering Commission Act 1987
     401.   The Act amended
            The amendments in this Division are to the Gaming and
5           Wagering Commission Act 1987*.
            [* Reprint 3 as at 3 September 2004.
               For subsequent amendments see Western Australian
               Legislation Information Tables for 2004, Table 1, p. 183.]
     402.   Section 9 amended
10     (1) Section 9(1)(a) is amended by deleting "for that purpose".
       (2) Section 9(2)(a) is amended by deleting "at the Treasury".
     403.   Section 110A amended
            Section 110A(1)(a) is amended by deleting "at the Treasury".
      Division 2 --Racing and Wagering Western Australia Act 2003
15   404.   The Act amended
            The amendments in this Division are to the Racing and
            Wagering Western Australia Act 2003*.
            [* Act No. 36 of 2003.
               For subsequent amendments see Western Australian
20             Legislation Information Tables for 2004, Table 1, p. 374.]
     405.   Section 89 amended
            Section 89 is amended by deleting "not in an account at the
            Treasury" and inserting instead --
            "
25                in an account described in paragraph (b) of the
                  definition of "account" in section 88(1)(b)
                                                                            ".
                                                                    page 173
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 16        Racing and Gaming
     Division 3     Racing Penalties (Appeals) Act 1990
     s. 406




                Division 3 --Racing Penalties (Appeals) Act 1990
     406.       The Act amended
                The amendments in this Division are to the Racing Penalties
                (Appeals) Act 1990*.
5               [* Reprinted as at 19 October 2001.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 374.]
     407.       Section 24 amended
        (1) Section 24(1)(a) is amended by deleting "for that purpose".
10      (2) Section 24(8)(a) is amended by deleting "at the Treasury,".




     page 174
              Machinery of Government (Miscellaneous Amendments) Bill 2005
                         Treasurer, and Government Enterprises          Part 17

                                           Anzac Day Act 1960        Division 1

                                                                         s. 408




       Part 17 -- Treasurer, and Government Enterprises
                      Division 1 --    Anzac Day Act 1960
     408.     The Act amended
              The amendments in this Division are to the Anzac Day
5             Act 1960*.
              [* Reprinted as at 24 May 2002.
                 For subsequent amendments see Western Australian
                 Legislation Information Tables for 2004, Table 1, p. 24.]
     409.     Section 10 amended
10     (1) Section 10(1) is amended by deleting "at the Treasury, forming"
           and inserting instead --
           " , as ".
       (2) Section 10(2) is amended as follows:
             (a) by deleting "the Treasury to the credit of ";
15           (b) after paragraph (c) by deleting "and";
             (c) after paragraph (d) by deleting the full stop and
                   inserting --
                 "
                         ; and
20                 (e) any other moneys lawfully received by, made
                         available to, or payable to the Trust.
                                                                         ".
            Division 2 --Economic Regulation Authority Act 2003
     410.     The Act amended
25            The amendments in this Division are to the Economic
              Regulation Authority Act 2003*.
              [* Act No. 67 of 2003.]

                                                                      page 175
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 17        Treasurer, and Government Enterprises
     Division 3     Financial Administration and Audit Act 1985
     s. 411




     411.       Section 23 amended
                Section 23(2) is amended as follows:
                  (a) by deleting "and" in the second place where it occurs;
                  (b) by inserting after "function of the Authority" --
5                "
                      and need only be complied with to the extent
                      practicable
                                                                                  ".
        Division 3 --     Financial Administration and Audit Act 1985
10   412.       The Act amended
                The amendments in this Division are to the Financial
                Administration and Audit Act 1985*.
                [* Reprint 8 as at 9 July 2004.
                   For subsequent amendments see Western Australian
15                 Legislation Information Tables for 2004, Table 1, p. 165.]
     413.       Schedule 1 amended
                Schedule 1 is amended as follows:
                  (a) by deleting "Government Employees' Housing
                       Authority";
20               (b) by deleting "The State Housing Commission";
                  (c) by inserting in the appropriate alphabetical position the
                       following item --
                       " Housing Authority ".




     page 176
            Machinery of Government (Miscellaneous Amendments) Bill 2005
                       Treasurer, and Government Enterprises            Part 17

                                      Gold Corporation Act 1987      Division 4

                                                                         s. 414




                  Division 4 --    Gold Corporation Act 1987
     414.   The Act amended
            The amendments in this Division are to the Gold Corporation
            Act 1987*.
5           [* Reprinted as at 2 January 2001.
               For subsequent amendments see Western Australian
               Legislation Information Tables for 2004, Table 1, p. 187.]
     415.   Section 3 amended
            Section 3(1) is amended as follows:
10            (a) by inserting the following definition in the appropriate
                   alphabetical position --
            "
                  "Treasury" means the department of the Public
                      Service for which the Under Treasurer is the chief
15                    executive officer.
                                                                             ";
                (b) in the definition of "Treasurer" by deleting "State." and
                    inserting instead --
                    " State; ".
20   416.   Heading to Part II amended
            The heading to Part II is amended by inserting after
            "Constitution" --
            "    and administration          ".
     417.   Section 9 amended
25          Section 9(1)(a) is amended by inserting after "officer" --
            " of Gold Corporation ".



                                                                      page 177
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 17        Treasurer, and Government Enterprises
     Division 4     Gold Corporation Act 1987
     s. 418




     418.       Sections 9A, 9B and 9C inserted
                After section 9 the following sections are inserted --
     "
              9A.    Duty to observe policy instruments
5                    Gold Corporation is to perform its functions in
                     accordance with its strategic development plan and its
                     statement of corporate intent as existing from time to
                     time.
              9B.    Strategic development plan and statement of
10                   corporate intent
                (1) The Board must, at the prescribed times, prepare and
                    submit to the Minister --
                      (a) a strategic development plan for Gold
                           Corporation; and
15                    (b) a statement of corporate intent for Gold
                           Corporation.
                (2) The regulations may make provision for the
                    following --
                      (a) the manner and form in which the Board is to
20                         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;
25                    (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,
30                         approval or modification of a strategic
                           development plan or statement of corporate
                           intent;

     page 178
       Machinery of Government (Miscellaneous Amendments) Bill 2005
                  Treasurer, and Government Enterprises          Part 17

                               Gold Corporation Act 1987      Division 4

                                                                  s. 418




              (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
5          must within 14 days after a direction is given under the
           regulation cause a copy of the direction to be laid
           before each House of Parliament or be dealt with in
           accordance with section 9C.
       (4) Regulations referred to in subsection (2) are not to be
10         made except with the Treasurer's concurrence.
     9C.    Laying directions about strategic development plan
            or statement of corporate intent before Parliament
       (1) If --
              (a) a House of Parliament is not sitting at the
15                 commencement of the period referred to in
                   section 9B(3) in respect of a direction; and
             (b) the Minister is of the opinion that that House
                   will not sit during that period,
           the Minister is to transmit a copy of the direction to the
20         Clerk of that House.
       (2) A copy of a direction transmitted to the Clerk of a
           House is to be taken to have been laid before that
           House.
       (3) The laying of a copy of a direction that is regarded as
25         having occurred under subsection (2) is to be recorded
           in the Minutes, or Votes and Proceedings, of the House
           on the first sitting day of the House after the Clerk
           received the copy.
       (4) The text of a direction referred to in section 9B(3) is to
30         be included in the annual report submitted by the
           accountable authority of Gold Corporation under

                                                               page 179
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 17        Treasurer, and Government Enterprises
     Division 4     Gold Corporation Act 1987
     s. 419




                     section 66 of the Financial Administration and Audit
                     Act 1985.
                                                                            ".
     419.       Section 16 amended
5       (1) Section 16(1) is amended as follows:
             (a) in paragraphs (a) and (b) by deleting "Treasurer" and
                   inserting instead --
                   " Minister with the Treasurer's concurrence ";
             (b) after paragraph (c)(i) by deleting "or" and inserting --
10                      "
                           (ia) the Minister; or
                                                                            ".
        (2) Section 16(2)(a) is amended by deleting "Treasurer" and
            inserting instead --
15          " Minister ".
     420.       Section 21 amended
        (1) Section 21(1) is amended by deleting "Treasurer" and inserting
            instead --
            " Minister, with the concurrence of the Treasurer, ".
20      (2) Section 21(2) is amended by inserting after "Treasurer" --
            " or Minister ".
        (3) Section 21(4), (5) and (6) are amended by deleting "Treasurer"
            and inserting instead --
            " Minister ".
25   421.       Section 40 amended
                Section 40(2) is amended by inserting after "officer" --
                " of Gold Corporation ".

     page 180
             Machinery of Government (Miscellaneous Amendments) Bill 2005
                        Treasurer, and Government Enterprises                Part 17

            Insurance Commission of Western Australia Act 1986          Division 5

                                                                              s. 422




     422.   Section 51 amended
            Section 51(2) is amended by inserting after "officer" --
            " of Gold Corporation ".
     423.   Schedule 1 amended
5      (1) Schedule 1 clause 1(1) is amended by deleting ", the deputy
           chief executive officer or" and inserting instead --
           "
                  or deputy chief executive officer of Gold Corporation or

                  who

10                                                                         ".
       (2) Schedule 1 clause 3(1) is amended by inserting after "officer" in
           the second place where it occurs --
           "    of Gold Corporation  ".
       (3) Schedule 1 clause 4 is amended by deleting ", the deputy chief
15         executive officer" and inserting instead --
           "                                                      ".
                or deputy chief executive officer of Gold Corporation


       (4) Schedule 1 clause 5(3) is amended by deleting ", the deputy
           chief executive officer" and inserting instead --
           "
20                and the deputy chief executive officer of Gold Corporation,

                                                                                  ".
        Division 5 -- Insurance Commission of Western Australia
                               Act 1986
     424.   The Act amended
25          The amendment in this Division is to the Insurance Commission
            of Western Australia Act 1986*.
            [* Reprinted as at 12 November 1999.
               For subsequent amendments see Western Australian
               Legislation Information Tables for 2004, Table 1, p. 221.]
                                                                         page 181
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 17        Treasurer, and Government Enterprises
     Division 5     Insurance Commission of Western Australia Act 1986
     s. 425




     425.       Division 3A inserted
                After section 14 the following Division is inserted --
     "
                  Division 3A -- Strategic development plan and
5                          statement of corporate intent
              14A. Duty to observe policy instruments
                     The Commission is to perform its functions in
                     accordance with its strategic development plan and its
                     statement of corporate intent as existing from time to
10                   time.
              14B.   Strategic development plan and statement of
                     corporate intent
                (1) The board of commissioners must, at the prescribed
                    times, prepare and submit to the Minister --
15                    (a) a strategic development plan for the
                            Commission; and
                      (b) a statement of corporate intent for the
                            Commission.
                (2) The regulations may make provision for the
20                  following --
                      (a) the manner and form in which the board of
                            commissioners is to prepare, submit, revise or
                            modify a strategic development plan or
                            statement of corporate intent;
25                    (b) the period a strategic development plan or
                            statement of corporate intent is to cover;
                      (c) the matters to be set out in a strategic
                            development plan or statement of corporate
                            intent;
30                    (d) the functions of the board of commissioners,
                            the Minister and the Treasurer in relation to the

     page 182
        Machinery of Government (Miscellaneous Amendments) Bill 2005
                   Treasurer, and Government Enterprises         Part 17

       Insurance Commission of Western Australia Act 1986     Division 5

                                                                  s. 425




                   development, approval or modification of a
                   strategic development plan or statement of
                   corporate intent;
              (e) the operation of a strategic development plan or
5                  statement of corporate intent.
       (3) If a regulation referred to in subsection (2) enables the
           Minister to give directions to the board of
           commissioners, the Minister must cause a copy of a
           direction given under the regulation to be laid before
10         each House of Parliament or be dealt with in
           accordance with section 14C --
              (a) within 14 days after the direction is given; or
             (b) if the direction is the subject of a notice under
                   section 17 of the Statutory Corporations
15                 (Liability of Directors) Act 1996, 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.
     14C.   Laying directions about strategic development plan
20          or statement of corporate intent before Parliament
       (1) If --
              (a) a House of Parliament is not sitting at the
                  commencement of the applicable period
                  referred to in section 14B(3) in respect of a
25                direction; and
             (b) the Minister is of the opinion that that House
                  will not sit during that period,
           the Minister is to transmit a copy of the direction to the
           Clerk of that House.
30     (2) A copy of a direction transmitted to the Clerk of a
           House is to be taken to have been laid before that
           House.

                                                               page 183
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 17        Treasurer, and Government Enterprises
     Division 6     Lotteries Commission Act 1990
     s. 426




                (3) The laying of a copy of a direction 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 of the House after the Clerk
5                   received the copy.
                (4) The text of a direction referred to in section 14B(3) is
                    to be included in the annual report submitted by the
                    accountable authority of the Commission under
                    section 66 of the Financial Administration and Audit
10                  Act 1985.
                                                                               ".
                  Division 6 -- Lotteries Commission Act 1990
     426.       The Act amended
                The amendments in this Division are to the Lotteries
15              Commission Act 1990*.
                [* Reprinted as at 6 August 1999.]
     427.       Sections 8A, 8B and 8C inserted
                After section 8 the following sections are inserted --
     "
20            8A.    Duty to observe policy instruments
                     The Commission is to perform its functions in
                     accordance with its strategic development plan and its
                     statement of corporate intent as existing from time to
                     time.
25            8B.    Strategic development plan and statement of
                     corporate intent
                (1) The members of the Commission must, at the
                    prescribed times, prepare and submit to the Minister --
                      (a) a strategic development plan for the
30                          Commission; and
     page 184
     Machinery of Government (Miscellaneous Amendments) Bill 2005
                Treasurer, and Government Enterprises         Part 17

                        Lotteries Commission Act 1990      Division 6

                                                               s. 427




           (b) a statement of corporate intent for the
                 Commission.
     (2) The regulations may make provision for the
         following --
5           (a) the manner and form in which the members of
                 the Commission are to prepare, submit, revise
                 or modify a strategic development plan or
                 statement of corporate intent;
           (b) the period a strategic development plan or
10               statement of corporate intent is to cover;
            (c) the matters to be set out in a strategic
                 development plan or statement of corporate
                 intent;
           (d) the functions of the members of the
15               Commission, the Minister and the Treasurer in
                 relation to the development, approval or
                 modification of a strategic development plan or
                 statement of corporate intent;
            (e) the operation of a strategic development plan or
20               statement of corporate intent.
     (3) If a regulation referred to in subsection (2) enables the
         Minister to give directions to the members of the
         Commission, the Minister must cause a copy of a
         direction given under the regulation to be laid before
25       each House of Parliament or be dealt with in
         accordance with section 8C --
            (a) within 14 days after the direction is given; or
           (b) if the direction is the subject of a notice under
                 section 17 of the Statutory Corporations
30               (Liability of Directors) Act 1996, 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.

                                                            page 185
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 17        Treasurer, and Government Enterprises
     Division 6     Lotteries Commission Act 1990
     s. 428




              8C.    Laying directions about strategic development plan
                     or statement of corporate intent before Parliament
                (1) If --
                       (a) a House of Parliament is not sitting at the
5                           commencement of the applicable period
                            referred to in section 8B(3) in respect of a
                            direction; and
                      (b) the Minister is of the opinion that that House
                            will not sit during that period,
10                  the Minister is to transmit a copy of the direction to the
                    Clerk of that House.
                (2) A copy of a direction transmitted to the Clerk of a
                    House is to be taken to have been laid before that
                    House.
15              (3) The laying of a copy of a direction 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 of the House after the Clerk
                    received the copy.
20              (4) The text of a direction referred to in section 8B(3) is to
                    be included in the annual report submitted by the
                    accountable authority of the Commission under
                    section 66 of the Financial Administration and Audit
                    Act 1985.
25                                                                               ".
     428.       Section 22 amended
                Section 22(1) is amended by deleting "at the Treasury forming"
                and inserting instead --
                " , as ".




     page 186
              Machinery of Government (Miscellaneous Amendments) Bill 2005
                         Treasurer, and Government Enterprises           Part 17

                         Parliamentary Superannuation Act 1970     Division 7

                                                                          s. 429




            Division 7 --Parliamentary Superannuation Act 1970
     429.     The Act amended
              The amendments in this Division are to the Parliamentary
              Superannuation Act 1970*.
5             [* Reprint 3 as at 4 April 2003.]
     430.     Section 6 amended
       (1) Section 6(3)(a) is amended by deleting "Treasurer" and
           inserting instead --
           " Minister ".
10     (2) Section 6(5) is amended by deleting "Treasurer" in both places
           where it occurs and inserting instead --
           " Minister ".
        Division 8 --   Rates and Charges (Rebates and Deferments)
                                 Act 1992
15   431.     The Act amended
              The amendments in this Division are to the Rates and Charges
              (Rebates and Deferments) Act 1992*.
              [* Reprinted as at 19 May 2000.
                 For subsequent amendments see Western Australian
20               Legislation Information Tables for 2004, Table 1, p. 379.]
     432.     Section 46 amended
              Section 46(2) is amended by deleting "The State Housing
              Commission" in both places where it occurs and inserting
              instead --
25            " the Housing Authority ".



                                                                    page 187
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 17        Treasurer, and Government Enterprises
     Division 9     State Superannuation Act 2000
     s. 433




                              State Superannuation Act 2000
                     Division 9 --


     433.       The Act amended
                The amendment in this Division is to the State Superannuation
                Act 2000*.
5               [* Act No. 42 of 2000.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 428.]
     434.       Sections 33A, 33B and 33C inserted
                After section 33 the following sections are inserted --
10   "
              33A.     Duty to observe policy instruments
                       The Board is to perform its functions in accordance
                       with its strategic development plan and its statement of
                       corporate intent as existing from time to time.
15            33B.     Strategic development plan and statement of
                       corporate intent
                (1) The Board must, at the prescribed times, prepare and
                    submit to the Minister --
                      (a) a strategic development plan for the Board; and
20                    (b) a statement of corporate intent for the Board.
                (2) The regulations may make provision for the
                    following --
                      (a) the manner and form in which the Board is to
                           prepare, submit, revise or modify a strategic
25                         development plan or statement of corporate
                           intent;
                      (b) the period a strategic development plan or
                           statement of corporate intent is to cover;


     page 188
       Machinery of Government (Miscellaneous Amendments) Bill 2005
                  Treasurer, and Government Enterprises          Part 17

                          State Superannuation Act 2000       Division 9

                                                                  s. 434




              (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
5                  Treasurer in relation to the development,
                   approval or modification of a strategic
                   development plan or statement of corporate
                   intent;
              (e) the operation of a strategic development plan or
10                 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 of a direction given under the
           regulation to be laid before each House of Parliament
15         or be dealt with in accordance with section 33C --
              (a) within 14 days after the direction is given; or
             (b) if the direction is the subject of a notice under
                   section 17 of the Statutory Corporations
                   (Liability of Directors) Act 1996, within
20                 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.
     33C.   Laying directions about strategic development plan
            or statement of corporate intent before Parliament
25     (1) If --
              (a) a House of Parliament is not sitting at the
                  commencement of the applicable period
                  referred to in section 33B(3) in respect of a
                  direction; and
30           (b) the Minister is of the opinion that that House
                  will not sit during that period,
           the Minister is to transmit a copy of the direction to the
           Clerk of that House.

                                                               page 189
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 17        Treasurer, and Government Enterprises
     Division 10    State Supply Commission Act 1991
     s. 435




                (2) A copy of a direction transmitted to the Clerk of a
                    House is to be taken to have been laid before that
                    House.
                (3) The laying of a copy of a direction that is regarded as
5                   having occurred under subsection (2) is to be recorded
                    in the Minutes, or Votes and Proceedings, of the House
                    on the first sitting day of the House after the Clerk
                    received the copy.
                (4) The text of a direction referred to in section 33B(3) is
10                  to be included in the annual report submitted by the
                    accountable authority of the Board under section 66 of
                    the Financial Administration and Audit Act 1985.
                                                                                ".
                Division 10 --State Supply Commission Act 1991
15   435.       The Act amended
                The amendment in this Division is to the State Supply
                Commission Act 1991*.
                [* Reprinted as at 7 June 2002.
                   For subsequent amendments see Western Australian
20                 Legislation Information Tables for 2004, Table 1, p. 429.]
     436.       Section 30 amended
                Section 30(2) is amended by deleting "at the Treasury".
            Division 11 -- Western Australian Treasury Corporation
                                  Act 1986
25   437.       The Act amended
                The amendments in this Division are to the Western Australian
                Treasury Corporation Act 1986*.
                [* Reprinted as at 5 January 2001.
                   For subsequent amendments see Western Australian
30                 Legislation Information Tables for 2004, Table 1, p. 499.]

     page 190
              Machinery of Government (Miscellaneous Amendments) Bill 2005
                         Treasurer, and Government Enterprises           Part 17

               Western Australian Treasury Corporation Act 1986      Division 11

                                                                          s. 438




     438.     Section 3 amended
              Section 3(1) is amended by inserting the following definition in
              the appropriate alphabetical position --
              "
5                   "Treasury" means the department of the Public
                        Service of which the Under Treasurer is the chief
                        executive officer;
                                                                             ".
     439.     Section 5B amended
10            Section 5B(1)(c) is amended by inserting before "for the time
              being" --
              " of the Corporation ".
     440.     Section 8A amended
              Section 8A is amended by inserting after "officer" --
15            " of the Corporation ".
     441.     Section 9B inserted
              After section 9A the following section is inserted --
     "
            9B.    Duty to observe policy instruments
20                 The Corporation is to perform its functions in
                   accordance with its strategic development plan and its
                   statement of corporate intent as existing from time to
                   time.
                                                                              ".
25   442.     Section 10 amended
              Section 10(2)(fa)(xii) is amended by deleting "Treasurer" and
              inserting instead --
              " Minister, with the concurrence of the Treasurer, ".

                                                                       page 191
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 17        Treasurer, and Government Enterprises
     Division 11    Western Australian Treasury Corporation Act 1986
     s. 443




     443.       Section 16HA inserted
                After section 16H the following section is inserted --
     "
              16HA. Concurrence of Treasurer
5                    The Minister is not to --
                       (a) agree to a draft strategic development plan
                            under section 16G; or
                       (b) agree to or direct any modification of a
                            strategic development plan under section 16H,
10                   except with the concurrence of the Treasurer.
                                                                               ".
     444.       Section 16PA inserted
                After section 16P the following section is inserted --
     "
15            16PA. Concurrence of Treasurer
                     The Minister is not to --
                       (a) agree to a draft statement of corporate intent
                            under section 16O; or
                       (b) agree to or direct any modification of a
20                          statement of corporate intent under section 16P,
                     except with the concurrence of the Treasurer.
                                                                               ".
     445.       Section 17A amended
                Section 17A(3) is amended by deleting "Treasurer" and
25              inserting instead --
                " Minister, with the concurrence of the Treasurer, ".




     page 192
                 Machinery of Government (Miscellaneous Amendments) Bill 2005
                            Treasurer, and Government Enterprises              Part 17

                  Western Australian Treasury Corporation Act 1986         Division 11

                                                                                s. 446




     446.        Section 18 amended
                 Section 18(1a) is amended in the definition of "eligible person"
                 in paragraph (a) by inserting after "officer" --
                 " of the Corporation ".
5    447.        Section 21A amended
                 After section 21A(3) the following subsection is inserted --
            "
                (3a) This section also applies as if each reference in it to the
                     Treasurer were instead a reference to the Minister.
10                                                                                  ".
     448.        Section 21B amended
                 After section 21B(3) the following subsection is inserted --
            "
                (3a) The Corporation must give a copy of each quarterly
15                   report to the Treasurer.
                                                                                    ".
     449.        Schedule 2 amended
                 Schedule 2 clause 5 is amended by inserting after "officer," in
                 the second place where it occurs --
20               " of the Corporation ".
     450.        Various references to Treasurer changed to Minister


                 Each provision listed in the Table to this section is amended by
                 deleting "Treasurer" in each place where it occurs and inserting
                 instead --
25               " Minister ".
                                          Table


                 s. 5B(1)(d)                      s. 16N(1) and (2)
                 s. 5D                            s. 16O(1), (2) and (3)

                                                                             page 193
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 17        Treasurer, and Government Enterprises
     Division 12    Transitional provisions
     s. 451




                 s. 8(3)                               s. 16P(1), (2), (3) and (4)
                 s. 16A(1)                             s. 16Q(1)
                 s. 16C(3)                             s. 17A(2)
                 s. 16D                                s. 19(1) and (2)
                 s. 16E(1), (3) and (5)                s. 20(1) and (2)
                 s. 16F(1) and (2)                     s. 21B(1), (3) and (4)
                 s. 16G                                Sch. 2 cl. 2(1) and (2)
                 s. 16H(1), (2), (3) and (4)           Sch. 2 cl. 6(1) and (2)
                 s. 16I                                Sch. 2 cl. 15(2)
                 s. 16K(2) and (3)                     Sch. 2 cl. 20(2)
                 s. 16L                                Sch. 2 cl. 21(1) and (2)
                 s. 16M(1), (3) and (5)
                Note: The heading to section 21A will be altered by inserting "and Minister"
                      after "Treasurer".
                       The headings to sections 16A, 16I, 19 and 20 and to Schedule 2
                       clause 21 will be altered by deleting "Treasurer" and inserting instead
5                      "Minister".
                       The headings to sections 16E, 16G, 16M and 16O will be altered by
                       deleting "Treasurer's" and inserting instead "Minister's".

                       Division 12 -- Transitional provisions


     451.       Western Australian Treasury Corporation Act 1986 and Gold
10              Corporation Act 1987
        (1) A thing done by the Treasurer before commencement under, or
            for the purposes of --
              (a) section 10(2)(fa)(xii) or 17A(3) of the Western
                    Australian Treasury Corporation Act 1986; or
15            (b) section 16(1)(a) or (b) or 21(1) of the Gold Corporation
                    Act 1987,
            has the same effect after commencement, to the extent that it
            has any force or significance after commencement, as if it had
            been done by the Minister with the concurrence of the
20          Treasurer.

     page 194
          Machinery of Government (Miscellaneous Amendments) Bill 2005
                     Treasurer, and Government Enterprises        Part 17

                                     Transitional provisions  Division 12

                                                                   s. 451




     (2) A thing done or omitted to be done by, to or in relation to, the
         Treasurer before commencement under, or for the purposes
         of --
           (a) a provision of the Western Australian Treasury
5                 Corporation Act 1986 amended by section 450; or
           (b) section 16(2)(a) or 21(2), (4), (5) or (6) of the Gold
                  Corporation Act 1987,
         has the same effect after commencement, to the extent that it
         has any force or significance after commencement, as if it had
10       been done or omitted by, to or in relation to, the Minister.
     (3) In this section --
         "commencement" means the time at which this Division comes
              into operation;
         "Minister" means the Minister to whom the administration of
15            the Western Australian Treasury Corporation Act 1986 is
              committed.




                                                                page 195
     Machinery of Government (Miscellaneous Amendments) Bill 2005
     Part 18        Various references to Permanent Head amended
     s. 452




               Part 18 -- Various references to Permanent
                            Head amended
     452.       Various references to Permanent Head changed to chief
                executive officer
5       (1) Each provision listed in the Table to this subsection is amended
            by deleting "Permanent Head" in each place where it occurs and
            inserting instead --
            " chief executive officer ".
                                         Table
                Country Areas Water Supply Act 1947     s. 85(7)
                                                        s. 120(1)(b)(iv)
             Dental Act 1939                            s. 51A(2)(a)
             Equal Opportunity Act 1984                 s. 141(a)
             Housing Loan Guarantee Act 1957            s. 6(1)
10      (2) Each provision listed in the Table to this subsection is amended
            by deleting "permanent head" in each place where it occurs and
            inserting instead --
            " chief executive officer ".
                                         Table
                Industrial Training Act 1975          s. 7
                                                      s. 37E(1) and (2)
                Street Alignment Act 1844             s. 7




     page 196
             Machinery of Government (Miscellaneous Amendments) Bill 2005
                                  General transitional provisions      Part 19



                                                                         s. 453




            Part 19 -- General transitional provisions
     453.    References to Department by a former name
       (1) If --
              (a) a written law refers, or is to be taken to refer, to a
5                  department of the Public Service by a title that was
                   given by a provision of an Act (the "principal Act");
                   and
             (b) the provision has been amended to remove that title, or
                   has been repealed, by this Act,
10         then, on and after the day on which this Act comes into
           operation, the reference has effect as a reference to the
           department of the Public Service principally assisting in the
           administration of the principal Act.
       (2) Subsection (1) does not apply if a contrary intention appears or
15         the context otherwise requires.
     454.    References to chief executive officer by a former name
       (1) If --
              (a) a written law refers, or is to be taken to refer, to a chief
                   executive officer by a title that was given by a provision
20                 of an Act (the "principal Act"); and
             (b) the provision has been amended to remove that title, or
                   has been repealed, by this Act,
           then, on and after the day on which this Act comes into
           operation, the reference has effect as a reference to the chief
25         executive officer within the meaning of the principal Act.
       (2) Subsection (1) does not apply if a contrary intention appears or
           the context otherwise requires.




 


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