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


MACHINERY OF GOVERNMENT (PLANNING AND INFRASTRUCTURE) AMENDMENT BILL 2001

                        Western Australia


     Machinery of Government (Planning and
      Infrastructure) Amendment Bill 2001

                           CONTENTS


        Part 1 -- Preliminary
1.      Short title                                       2
2.      Commencement                                      2
        Part 2 -- Control of Vehicles (Off-road
             Areas) Act 1978
3.      The Act amended                                   3
4.      Section 3 amended                                 3
5.      Section 4A replaced by sections 4A and 4B         3
6.      Section 5 amended                                 5
7.      Section 11 amended                                5
8.      Section 28 amended                                5
9.      Section 29 amended                                6
10 .    Section 34 amended                                6
11 .    Section 43 amended and transitional provisions    6
        Part 3 -- Motor Vehicle Drivers
             Instructors Act 1963
12 .    The Act amended                                   7
13 .    Section 3 amended                                 7
14 .    Sections 4 and 4A replaced                        7
        Part 4 -- Motor Vehicle (Third Party
             Insurance) Act 1943
15 .    The Act amended                                  10
16 .    Section 3 amended                                10
17 .    Sections 3QA and 3QB inserted                    10

                                                         page i
                              76--2
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001



Contents


           Part 5 -- Perth Parking Management
                Act 1999
   18 .    The Act amended                                   13
   19 .    Section 4 amended                                 13
   20 .    Section 5 amended                                 13
   21 .    Section 23 amended and transitional provisions    13
           Part 6 -- Rail Safety Act 1998
   22 .    The Act amended                                   14
   23 .    Section 3 amended                                 14
   24 .    Section 23 replaced and transitional provisions   14
   25 .    Section 57A inserted                              15
           Part 7 -- Road Traffic Act 1974
   26 .    The Act amended                                   17
   27 .    Section 5 amended                                 17
   28 .    Sections 6A and 6B inserted                       17
           Part 8 -- Taxi Act 1994
   29 .    The Act amended                                   20
   30 .    Section 3 amended                                 20
   31 .    Section 5 amended                                 21
   32 .    Section 41 amended and transitional provisions    21
   33 .    Section 42 repealed                               22
   34 .    Section 44 repealed                               22
   35 .    References to Taxi Industry Development Fund
           amended                                           22
           Part 9 -- Transport Co-ordination
                Act 1966
   36 .    The Act amended                                   23
   37 .    Section 4 amended                                 23
   38 .    Part II Division 1 heading replaced               23
   39 .    Section 7 replaced by sections 6, 6A, and 7       24
   40 .    Section 7A amended                                26
   41 .    Section 7D repealed                               26
   42 .    Section 8 replaced                                26
   43 .    Section 15 amended                                27
   44 .    Section 15A repealed                              27

page ii
Machinery of Government (Planning and Infrastructure) Amendment
                                                        Bill 2001



                                                          Contents


45 .   Part II Division 2 heading replaced                  27
46 .   Section 15B amended                                  28
47 .   Section 15C replaced                                 28
48 .   Section 18 amended                                   29
49 .   Section 18H inserted                                 29
50 .   Section 60 amended                                   30
51 .   Section 61 amended                                   30
52 .   Sections 62 and 62A repealed                         31
53 .   Section 62B amended                                  31
       Part 10 -- Western Australian Planning
            Commission Act 1985
54 .   The Act amended                                      32
55 .   Section 5 amended                                    32
56 .   Section 5A amended                                   33
57 .   Section 16 amended                                   33
58 .   Section 19 amended                                   33
59 .   Section 19A inserted                                 35
60 .   Section 46 amended                                   35
       Part 11 -- Other Acts amended
61 .   Fines, Penalties and Infringement Notices
       Enforcement Act 1994                                 36
62 .   Government Railways Act 1904                         36
63 .   Railways (Access) Act 1998                           37
64 .   Sentencing Act 1995                                  38
65 .   Stamp Act 1921                                       38
       Part 12 -- Transitional matters
66 .   Transport Co-ordination Ministerial Body             39
67 .   Agreements under former Transport Co-ordination
       Act 1966 section 15C                                 39
68 .   Delegations under former Transport Co-ordination
       Act 1966 section 18                                  40
69 .   Regulations about transitional matters               42




                                                           page iii
                           Western Australia


                      LEGISLATIVE COUNCIL

              (Transmitted from the Legislative Assembly)

                      (As amended in Committee)


     Machinery of Government (Planning and
      Infrastructure) Amendment Bill 2001

                               A Bill for

An Act to amend --
•  the Control of Vehicles (Off-road Areas) Act 1978;
•  the Motor Vehicle Drivers Instructors Act 1963;
•  the Motor Vehicle (Third Party Insurance) Act 1943;
•  the Perth Parking Management Act 1999;
•  the Rail Safety Act 1998;
•  the Road Traffic Act 1974;
•  the Taxi Act 1994;
•  the Transport Co-ordination Act 1966; and
•  the Western Australian Planning Commission Act 1985,
in order to facilitate administrative restructuring under the Planning
and Infrastructure portfolio, to amend certain other Acts in
consequence, and for related purposes.

The Parliament of Western Australia enacts as follows:



                                                                page 1
    Machinery of Government (Planning and Infrastructure) Amendment
    Bill 2001
    Part 1        Preliminary

    s. 1


                           Part 1 -- Preliminary
    1.       Short title
             This Act may be cited as the Machinery of Government
             (Planning and Infrastructure) Amendment Act 2001.

5   2.       Commencement
             This Act comes into operation on a day fixed by proclamation.




    page 2
          Machinery of Government (Planning and Infrastructure) Amendment
                                                                   Bill 2001
                     Control of Vehicles (Off-road Areas) Act 1978     Part 2

                                                                                    s. 3


     Part 2 -- Control of Vehicles (Off-road Areas) Act 1978
     3.        The Act amended
               The amendments in this Part are to the Control of Vehicles
               (Off-road Areas) Act 1978*.
5              [* Reprinted as at 5 March 1999.
                  For subsequent amendments see 2000 Index to Legislation of
                  Western Australia, Table 1, p. 91.]

     4.        Section 3 amended
               Section 3(1) is amended as follows:
10               (a) by deleting the definition of "Director General" and
                      inserting the following definition instead --
               "
                         "Director General" means the chief executive officer
                             of the department of the Public Service principally
15                           assisting the Minister in the administration of this
                             Act;
                                                                                     ";
                   (b)    by deleting the definition of "Minister".

     5.        Section 4A replaced by sections 4A and 4B
20             Section 4A is repealed and the following sections are inserted
               instead --
     "
            4A.          Delegation
               (1)       The Director General may delegate to a person any
25                       power or duty of the Director General under another
                         provision of this Act.
               (2)       The delegation must be in writing signed by the
                         Director General.


                                                                               page 3
     Machinery of Government (Planning and Infrastructure) Amendment
     Bill 2001
     Part 2        Control of Vehicles (Off-road Areas) Act 1978

     s. 5


              (3)   If a person is not employed in the Director General's
                    department, a power or duty can only be delegated to
                    the person under this section if the person has been
                    approved by the Minister for the purposes of this
5                   section.
              (4)   An approval under subsection (3) may be given in
                    respect of --
                      (a) a specified person or persons of a specified
                            class; or
10                    (b) the holder or holders for the time being of a
                            specified office or class of office.
              (5)   A person to whom a power or duty is delegated under
                    this section cannot delegate that power or duty.
              (6)   A person exercising or performing a power or duty that
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.
              (7)   Nothing in this section limits the ability of the Director
                    General to perform a function through an officer or
20                  agent.

            4B.     Agreements for performance of functions
              (1)   The Director General may enter into an agreement
                    providing for the Director General's functions under
                    this Act that are described in the agreement to be
25                  performed on behalf of the Director General.
              (2)   The agreement may be with the Commissioner of
                    Police, a local government, or any other person or
                    body, whether or not the person or body has itself
                    functions of a public nature.




     page 4
          Machinery of Government (Planning and Infrastructure) Amendment
                                                                   Bill 2001
                     Control of Vehicles (Off-road Areas) Act 1978     Part 2

                                                                                  s. 6


                (3)   A function described in the agreement may be
                      performed --
                        (a) in accordance with the agreement; and
                        (b) on and subject to terms and conditions in the
5                            agreement.
                (4)   If the performance of a function is dependent upon the
                      opinion, belief, or state of mind of the Director General
                      it may be performed under the agreement upon the
                      opinion, belief, or state of mind of the body or person
10                    with whom the agreement is made or another person
                      provided for in the agreement.
                (5)   For the purposes of this Act or any other written law,
                      an act or thing done by, to, by reference to, or in
                      relation to, a body or person in connection with the
15                    performance by that body or person under the
                      agreement of a function of the Director General is as
                      effectual as if it had been done by, to, by reference to,
                      or in relation to, the Director General.
                                                                                   ".
20   6.         Section 5 amended
                Section 5(2) is repealed.

     7.         Section 11 amended
                Section 11(3) is amended by deleting "to the Director General".

     8.         Section 28 amended
25              Section 28(1) is repealed and the following subsection is
                inserted instead --
            "
                (1)   The scheme of registration of vehicles under this Act is
                      to be administered by the Director General, who is to
30                    maintain a separate financial record in relation to that
                      scheme.
                                                                                   ".

                                                                             page 5
     Machinery of Government (Planning and Infrastructure) Amendment
     Bill 2001
     Part 2        Control of Vehicles (Off-road Areas) Act 1978

     s. 9


     9.          Section 29 amended
                 Section 29(12) is repealed.

     10.         Section 34 amended
                 Section 34(2) is amended by deleting "the Director General"
5                and inserting instead --
                 "
                      either the Director General under this Act or the
                      Director General under that Act
                                                                                ".

10   11.         Section 43 amended and transitional provisions
           (1)   Section 43(3) is amended by deleting "maintained at the
                 Treasury, forming part of the Trust Fund constituted under
                 section 9 of the Financial Administration and Audit Act 1985,"
                 and inserting instead --
15               "
                      established as a trust account under the Financial
                      Administration and Audit Act 1985 section 15B
                                                                                ".
           (2)   The balance of the Off-Road Vehicles Account as it was before
20               this section came into operation is to be the opening balance of
                 the account of that name established under the Control of
                 Vehicles (Off-road Areas) Act 1978 section 43(3) as amended
                 by subsection (1).
           (3)   The amount of that opening balance is to be reflected by a
25               closing entry in the Off-Road Vehicles Account that was, before
                 this section came into operation, required to be maintained as a
                 part of the Trust Fund constituted under the Financial
                 Administration and Audit Act 1985 section 9.




     page 6
           Machinery of Government (Planning and Infrastructure) Amendment
                                                                    Bill 2001
                         Motor Vehicle Drivers Instructors Act 1963     Part 3

                                                                                 s. 12


         Part 3 -- Motor Vehicle Drivers Instructors Act 1963
     12.          The Act amended
                  The amendments in this Part are to the Motor Vehicle Drivers
                  Instructors Act 1963*.
5                 [* Reprinted as at 12 July 1977.
                     For subsequent amendments see 2000 Index to Legislation of
                     Western Australia, Table 1, p. 299, and Act No. 39 of 2000.]
     13.          Section 3 amended
                  Section 3 is amended by deleting the definition of "Director
10                General" and inserting the following definition instead --
                  "
                        "Director General" means the chief executive officer
                            of the department of the Public Service principally
                            assisting the Minister in the administration of this
15                          Act;
                                                                                   ".
     14.          Sections 4 and 4A replaced
                  Sections 4 and 4A are repealed and the following sections are
                  inserted instead --
20   "
             4.         Delegation
                  (1)   The Director General may delegate to a person any
                        power or duty of the Director General under another
                        provision of this Act.
25                (2)   The delegation must be in writing signed by the
                        Director General.
                  (3)   If a person is not employed in the Director General's
                        department, a power or duty can only be delegated to
                        the person under this section if the person has been
30                      approved by the Minister for the purposes of this
                        section.

                                                                              page 7
     Machinery of Government (Planning and Infrastructure) Amendment
     Bill 2001
     Part 3        Motor Vehicle Drivers Instructors Act 1963

     s. 14


               (4)   An approval under subsection (3) may be given in
                     respect of --
                       (a) a specified person or persons of a specified
                             class; or
5                      (b) the holder or holders for the time being of a
                             specified office or class of office.
               (5)   A person to whom a power or duty is delegated under
                     this section cannot delegate that power or duty.
               (6)   A person exercising or performing a power or duty that
10                   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.
               (7)   Nothing in this section limits the ability of the Director
                     General to perform a function through an officer or
15                   agent.

             4A.     Agreements for performance of functions
               (1)   The Director General may enter into an agreement
                     providing for the Director General's functions under
                     this Act that are described in the agreement to be
20                   performed on behalf of the Director General.
               (2)   The agreement may be with the Commissioner of
                     Police, a local government, or any other person or
                     body, whether or not the person or body has itself
                     functions of a public nature.
25             (3)   A function described in the agreement may be
                     performed --
                       (a) in accordance with the agreement; and
                       (b) on and subject to terms and conditions in the
                            agreement.




     page 8
     Machinery of Government (Planning and Infrastructure) Amendment
                                                              Bill 2001
                   Motor Vehicle Drivers Instructors Act 1963     Part 3

                                                                            s. 14


          (4)   If the performance of a function is dependent upon the
                opinion, belief, or state of mind of the Director General
                it may be performed under the agreement upon the
                opinion, belief, or state of mind of the body or person
5               with whom the agreement is made or another person
                provided for in the agreement.
          (5)   For the purposes of this Act or any other written law,
                an act or thing done by, to, by reference to, or in
                relation to, a body or person in connection with the
10              performance by that body or person under the
                agreement of a function of the Director General is as
                effectual as if it had been done by, to, by reference to,
                or in relation to, the Director General.
                                                                              ".




                                                                       page 9
     Machinery of Government (Planning and Infrastructure) Amendment
     Bill 2001
     Part 4        Motor Vehicle (Third Party Insurance) Act 1943

     s. 15


             Part 4 -- Motor Vehicle (Third Party Insurance)
                              Act 1943
     15.       The Act amended
               The amendments in this Part are to the Motor Vehicle (Third
5              Party Insurance) Act 1943*.
               [* Reprinted as at 20 November 1998.]

     16.       Section 3 amended
               Section 3(1) is amended as follows:
                   (a)    by deleting the definition of "Director General" and
10                        inserting the following definition instead --
               "
                         "Director General" means the chief executive officer
                             of the department of the Public Service principally
                             assisting in the administration of the provisions of
15                           the Road Traffic Act 1974 that section 5 of that Act
                             defines as the "licensing provisions of this Act";
                                                                                    ";
                   (b)    in the definition of "Minister", by deleting "for Works
                          or such other member of the Executive Council as is".

20   17.       Sections 3QA and 3QB inserted
               After section 3Q, the following sections are inserted --
     "
             3QA.        Agreements for performance of functions
               (1)       The Director General may enter into an agreement
25                       providing for the Director General's functions under
                         this Act that are described in the agreement to be
                         performed on behalf of the Director General.
               (2)       The agreement may be with the Commissioner of
                         Police, a local government, or any other person or

     page 10
     Machinery of Government (Planning and Infrastructure) Amendment
                                                             Bill 2001
              Motor Vehicle (Third Party Insurance) Act 1943     Part 4

                                                                            s. 17


                body, whether or not the person or body has itself
                functions of a public nature.
          (3)   A function described in the agreement may be
                performed --
5                 (a) in accordance with the agreement; and
                  (b) on and subject to terms and conditions in the
                       agreement.
          (4)   If the performance of a function is dependent upon the
                opinion, belief, or state of mind of the Director General
10              it may be performed under the agreement upon the
                opinion, belief, or state of mind of the body or person
                with whom the agreement is made or another person
                provided for in the agreement.
          (5)   For the purposes of this Act or any other written law,
15              an act or thing done by, to, by reference to, or in
                relation to, a body or person in connection with the
                performance by that body or person under the
                agreement of a function of the Director General is as
                effectual as if it had been done by, to, by reference to,
20              or in relation to, the Director General.

      3QB.      Delegation
          (1)   The Director General may delegate to a person any
                power or duty of the Director General under another
                provision of this Act.
25        (2)   The delegation must be in writing signed by the
                Director General.
          (3)   If a person is not employed in the Director General's
                department, a power or duty can only be delegated to
                the person under this section if the person has been
30              approved by the Minister for the purposes of this
                section.


                                                                      page 11
     Machinery of Government (Planning and Infrastructure) Amendment
     Bill 2001
     Part 4        Motor Vehicle (Third Party Insurance) Act 1943

     s. 17


               (4)   An approval under subsection (3) may be given in
                     respect of --
                       (a) a specified person or persons of a specified
                             class; or
5                      (b) the holder or holders for the time being of a
                             specified office or class of office.
               (5)   A person to whom a power or duty is delegated under
                     this section cannot delegate that power or duty.
               (6)   A person exercising or performing a power or duty that
10                   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.
               (7)   Nothing in this section limits the ability of the Director
                     General to perform a function through an officer or
15                   agent.
                                                                                  ".




     page 12
           Machinery of Government (Planning and Infrastructure) Amendment
                                                                   Bill 2001
                             Perth Parking Management Act 1999         Part 5

                                                                               s. 18


                 Part 5 -- Perth Parking Management Act 1999
     18.          The Act amended
                  The amendments in this Part are to the Perth Parking
                  Management Act 1999*.
5                 [* Act No. 14 of 1999.]
     19.          Section 4 amended
                  Section 4 is amended by deleting the definition of "Minister".
     20.          Section 5 amended
                  Section 5 is amended by deleting "to whom the administration
10                of the Transport Co-ordination Act 1966 is for the time being
                  committed by the Governor".
     21.          Section 23 amended and transitional provisions
           (1)    Section 23(1) is amended by deleting "as part of the Transport
                  Co-ordination Fund established under section 62 of the
15                Transport Co-ordination Act 1966," and inserting instead --
                  "
                       as a trust account under the Financial Administration
                       and Audit Act 1985 section 15B,
                                                                                   ".
20         (2)    The balance of the Perth Parking Licensing Account as it was
                  before this section came into operation is to be the opening
                  balance of the account of that name established under the Perth
                  Parking Management Act 1999 section 23(1) as amended by
                  subsection (1).
25         (3)    The amount of that opening balance is to be reflected by a
                  closing entry in the Perth Parking Licensing Account that was,
                  before this section came into operation, required to be
                  maintained as a part of the Transport Co-ordination Fund
                  established under section 62 of the Transport Co-ordination
30                Act 1966.

                                                                           page 13
     Machinery of Government (Planning and Infrastructure) Amendment
     Bill 2001
     Part 6        Rail Safety Act 1998

     s. 22


                            Part 6 -- Rail Safety Act 1998
     22.           The Act amended
                   The amendments in this Part are to the Rail Safety Act 1998*.
                   [* Act No. 32 of 1998.
5                     For subsequent amendments see Act No. 10 of 2001.]

     23.           Section 3 amended
                   Section 3(1) is amended as follows:
                     (a) by deleting the definition of "Director General" and
                          inserting the following definition instead --
10                 "
                         "Director General" means the chief executive officer
                             of the department of the Public Service principally
                             assisting the Minister in the administration of this
                             Act;
15                                                                                  ";
                    (b)    by deleting the definition of "Minister".

     24.           Section 23 replaced and transitional provisions
           (1)     Section 23 is repealed and the following section is inserted
                   instead --
20   "
             23.          Rail Safety Accreditation Account
                   (1)    An account called the "Rail Safety Accreditation
                          Account" is to be established as a trust account under
                          the Financial Administration and Audit Act 1985
25                        section 15B.
                   (2)    The account is to be credited with --
                           (a)   all fees and charges collected under this Act;
                                 and


     page 14
           Machinery of Government (Planning and Infrastructure) Amendment
                                                                   Bill 2001
                                           Rail Safety Act 1998        Part 6

                                                                               s. 25


                         (b)   any amount appropriated by Parliament to, or
                               otherwise lawfully received for, the account.
                 (3)   The account is to be charged with the costs of
                       administering this Act.
5                                                                                    ".
           (2)   The Minister may, with the approval of the Treasurer, fix an
                 amount that is to be the opening balance of the Rail Safety
                 Accreditation Account established under the Rail Safety
                 Act 1998 section 23(1) as inserted by subsection (1).
10         (3)   The amount of that opening balance is to be reflected by a
                 closing entry in the Transport Co-ordination Fund that was,
                 before section 52 came into operation, required to be maintained
                 as a part of the Trust Fund constituted under the Financial
                 Administration and Audit Act 1985 section 9.

15   25.         Section 57A inserted
                 In Part 6 Division 2, before section 58, the following section is
                 inserted --
     "
             57A.      Delegation
20               (1)   The Director General may delegate to a person any
                       power or duty of the Director General under another
                       provision of this Act.
                 (2)   The delegation must be in writing signed by the
                       Director General.
25               (3)   If a person is not employed in the Director General's
                       department, a power or duty can only be delegated to
                       the person under this section if the person has been
                       approved by the Minister for the purposes of this
                       section.




                                                                            page 15
     Machinery of Government (Planning and Infrastructure) Amendment
     Bill 2001
     Part 6        Rail Safety Act 1998

     s. 25


               (4)   An approval under subsection (3) may be given in
                     respect of --
                       (a) a specified person or persons of a specified
                             class; or
5                      (b) the holder or holders for the time being of a
                             specified office or class of office.
               (5)   A person to whom a power or duty is delegated under
                     this section cannot delegate that power or duty.
               (6)   A person exercising or performing a power or duty that
10                   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.
               (7)   Nothing in this section limits the ability of the Director
                     General to perform a function through an officer or agent.
15                                                                                ".




     page 16
           Machinery of Government (Planning and Infrastructure) Amendment
                                                                   Bill 2001
                                         Road Traffic Act 1974         Part 7

                                                                                  s. 26


                          Part 7 -- Road Traffic Act 1974
     26.        The Act amended
                The amendments in this Part are to the Road Traffic Act 1974*.
                [* Reprinted as at 19 October 2001.]

5    27.        Section 5 amended
                Section 5(1) is amended as follows:
                  (a) by deleting the definition of "Director General" and
                       inserting the following definition instead --
                "
10                        "Director General" means the chief executive officer
                              of the department of the Public Service principally
                              assisting in the administration of the licensing
                              provisions of this Act;
                                                                                    ";
15                  (b)    by deleting the definition of "Minister".

     28.        Sections 6A and 6B inserted
                After section 6, the following sections are inserted --
     "
            6A.           Delegation
20              (1)       The Director General may delegate to a person any
                          power or duty of the Director General under another
                          provision of this Act.
                (2)       The delegation must be in writing signed by the
                          Director General.
25              (3)       If a person is not employed in the Director General's
                          department, a power or duty can only be delegated to
                          the person under this section if the person has been
                          approved by the Minister for the purposes of this
                          section.

                                                                             page 17
     Machinery of Government (Planning and Infrastructure) Amendment
     Bill 2001
     Part 7        Road Traffic Act 1974

     s. 28


               (4)   An approval under subsection (3) may be given in
                     respect of --
                       (a) a specified person or persons of a specified
                             class; or
5                      (b) the holder or holders for the time being of a
                             specified office or class of office.
               (5)   A person to whom a power or duty is delegated under
                     this section cannot delegate that power or duty.
               (6)   A person exercising or performing a power or duty that
10                   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.
               (7)   Nothing in this section limits the ability of the Director
                     General to perform a function through an officer or
15                   agent.

             6B.     Agreements for performance of functions
               (1)   The Director General may enter into an agreement
                     providing for the Director General's functions under
                     this Act that are described in the agreement to be
20                   performed on behalf of the Director General.
               (2)   The agreement may be with the Commissioner of
                     Police, a local government, or any other person or
                     body, whether or not the person or body has itself
                     functions of a public nature.
25             (3)   A function described in the agreement may be
                     performed --
                       (a) in accordance with the agreement; and
                       (b) on and subject to terms and conditions in the
                            agreement.




     page 18
     Machinery of Government (Planning and Infrastructure) Amendment
                                                             Bill 2001
                                   Road Traffic Act 1974         Part 7

                                                                            s. 28


          (4)   If the performance of a function is dependent upon the
                opinion, belief, or state of mind of the Director General
                it may be performed under the agreement upon the
                opinion, belief, or state of mind of the body or person
5               with whom the agreement is made or another person
                provided for in the agreement.
          (5)   For the purposes of this Act or any other written law,
                an act or thing done by, to, by reference to, or in
                relation to, a body or person in connection with the
10              performance by that body or person under the
                agreement of a function of the Director General is as
                effectual as if it had been done by, to, by reference to,
                or in relation to, the Director General.
                                                                              ".




                                                                      page 19
     Machinery of Government (Planning and Infrastructure) Amendment
     Bill 2001
     Part 8        Taxi Act 1994

     s. 29


                               Part 8 -- Taxi Act 1994
     29.       The Act amended
               The amendments in this Part are to the Taxi Act 1994*.
               [* Act No. 83 of 1994.
5                 For subsequent amendments see 2000 Index to Legislation of
                  Western Australia, Table 1, p. 446.]

     30.       Section 3 amended
               Section 3(1) is amended as follows:
                 (a) in the definition of "department", by deleting "the
10                    Transport Co-ordination Act 1966" and inserting
                      instead --
                      " this Act ";
                (b) by deleting the definition of "Director General" and
                      inserting the following definition instead --
15             "
                         "Director General" means the chief executive officer
                             of the department;
                                                                                ";
                   (c)    by deleting the definition of "Minister";
20                 (d)    by deleting the definition of "Taxi Industry
                          Development Fund" and inserting the following
                          definition instead --
               "
                         "Taxi Industry Development Account" means the
25                          account established as required by section 41(1);
                                                                                ".




     page 20
           Machinery of Government (Planning and Infrastructure) Amendment
                                                                   Bill 2001
                                                Taxi Act 1994          Part 8

                                                                                      s. 31


     31.             Section 5 amended
                     Section 5(2) is amended by deleting "accountable officer of the
                     department" and inserting instead --
                     "     Director General ".

5    32.             Section 41 amended and transitional provisions
           (1)       Section 41(1) is repealed and the following subsection is
                     inserted instead --
                 "
                     (1)     An account called the "Taxi Industry Development
10                           Account" is to be established as a trust account under
                             the Financial Administration and Audit Act 1985
                             section 15B.
                                                                                        ".
           (2)       Section 41(2)(a), (b), and (e) are deleted.
15         (3)       Section 41(2)(d) is amended by deleting "Fund" and inserting
                     instead --
                     "     account   ".
           (4)       Section 41(2)(f) is amended by deleting "Fund" in both places
                     where it occurs and inserting instead --
20                   "     account   ".
           (5)       Section 41(3) is repealed.
           (6)       Section 41(5)(e) is amended by inserting before "section 44" --
                     " the former         ".
           (7)       The balance of the Taxi Industry Development Fund as it was
25                   before this section came into operation is to be the opening
                     balance of the Taxi Industry Development Account established
                     under the Taxi Act 1994 section 41(1) as inserted by
                     subsection (1).


                                                                                 page 21
     Machinery of Government (Planning and Infrastructure) Amendment
     Bill 2001
     Part 8        Taxi Act 1994

     s. 33


           (8)   The amount of that opening balance is to be reflected by a
                 closing entry in the Taxi Industry Development Fund that was,
                 before this section came into operation, required to be
                 maintained as a part of the Trust Fund referred to in the
5                Financial Administration and Audit Act 1985 section 9.

     33.         Section 42 repealed
                 Section 42 is repealed.

     34.         Section 44 repealed
                 Section 44 is repealed.

10   35.         References to Taxi Industry Development Fund amended
                 The Act is amended by deleting "Taxi Industry Development
                 Fund" in each place where it occurs that is specified in the
                 Table to this section and inserting instead --
                 "   Taxi Industry Development Account     ".
15                                             Table
                 section 13
                 section 14(c)
                 section 41(2), (4), and (5)
                 section 43(2)




     page 22
           Machinery of Government (Planning and Infrastructure) Amendment
                                                                   Bill 2001
                               Transport Co-ordination Act 1966        Part 9

                                                                                  s. 36


               Part 9 -- Transport Co-ordination Act 1966
     36.        The Act amended
                The amendments in this Part are to the Transport Co-ordination
                Act 1966*.
5               [* Reprinted as at 11 May 2001.]

     37.        Section 4 amended
                Section 4(1) is amended as follows:
                  (a) by inserting in the appropriate alphabetical position the
                       following definition --
10              "
                          "Ministerial Body" means the Transport Co-
                             ordination Ministerial Body established by section
                             6;
                                                                                    ";
15                  (b)    by deleting the definition of "Director General" and
                           inserting the following definition instead --
                "
                          "Director General" means the chief executive officer
                              of the Department;
20                                                                                  ".

     38.        Part II Division 1 heading replaced
                The heading to Part II Division 1 is deleted and the following
                heading is inserted instead --
                "    Division 1 -- General administration ".




                                                                            page 23
     Machinery of Government (Planning and Infrastructure) Amendment
     Bill 2001
     Part 9        Transport Co-ordination Act 1966

     s. 39


     39.          Section 7 replaced by sections 6, 6A, and 7
                  Section 7 is repealed and the following sections are inserted
                  instead --
     "
5            6.         Transport Co-ordination Ministerial Body
                  (1)   The Transport Co-ordination Ministerial Body is
                        established.
                  (2)   The Ministerial Body is a body corporate with
                        perpetual succession.
10                (3)   Proceedings may be taken by or against the Ministerial
                        Body in its corporate name.
                  (4)   The Ministerial Body is to be governed by the
                        Minister.
                  (5)   The Ministerial Body is an agent of the State and has
15                      the status, immunities, and privileges of the State.

             6A.        Purpose and nature of Ministerial Body
                  (1)   The Ministerial Body is established to provide a body
                        corporate through which the Minister can perform any
                        of the Minister's functions under this Act that can more
20                      conveniently be performed by a body corporate than an
                        individual.
                  (2)   Despite the employment under the Public Sector
                        Management Act 1994 of ministerial officers for the
                        purpose of assisting the Minister to perform functions
25                      that the Minister performs through the Ministerial
                        Body, the Ministerial Body and those officers are not
                        an organisation for the purposes of that Act.

             7.         Execution of documents by Ministerial Body
                  (1)   The Ministerial Body is to have a common seal.


     page 24
     Machinery of Government (Planning and Infrastructure) Amendment
                                                             Bill 2001
                         Transport Co-ordination Act 1966        Part 9

                                                                          s. 39


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

                                                                    page 25
     Machinery of Government (Planning and Infrastructure) Amendment
     Bill 2001
     Part 9        Transport Co-ordination Act 1966

     s. 40


                        Body, it is to be presumed that the seal is the common
                        seal of the Ministerial Body until the contrary is
                        shown.
                  (9)   For the purposes of this Act, a facsimile of --
5                        (a)   the Ministerial Body's seal; or
                         (b)   the signature of the Minister or a person
                               authorised under subsection (5) to execute
                               deeds or other documents,
                        may be used, and a deed or other document purporting
10                      to be endorsed with such a facsimile is, until the
                        contrary is shown, to be regarded as bearing the
                        facsimile under this subsection.
                                                                                  ".

     40.          Section 7A amended
15                Section 7A(2) is amended by deleting "by the Minister himself
                  or".

     41.          Section 7D repealed
                  Section 7D is repealed.

     42.          Section 8 replaced
20                Section 8 is repealed and the following section is inserted
                  instead --
     "
             8.         Use of other resources
                  (1)   The Director General may, for the purposes of assisting
25                      in carrying out the provisions of this Act --
                          (a) with the consent of a public authority, use the
                                services of a person employed by the public
                                authority; or



     page 26
           Machinery of Government (Planning and Infrastructure) Amendment
                                                                   Bill 2001
                               Transport Co-ordination Act 1966        Part 9

                                                                                    s. 43


                           (b)   with the consent of the officer's employing
                                 authority, use the services of an officer of the
                                 Public Service.
                  (2)    In subsection (1) --
5                        "employing authority" has the same meaning as it has
                            in the Public Sector Management Act 1994;
                         "public authority" means any State instrumentality or
                            agency or any public statutory body, whether
                            incorporated or not, established by or under a law
10                          of the State.
                  (3)    This section does not prevent the operation of
                         section 66 or 100, or any other provision, of the Public
                         Sector Management Act 1994.
                                                                                      ".

15   43.          Section 15 amended
                  After section 15(1), the following subsection is inserted --
             "
                 (1a)    Without limiting the things that may be delegated
                         under subsection (1), they include things that are to be
20                       done in the course of governing the affairs of the
                         Ministerial Body under section 6(4).
                                                                                      ".

     44.          Section 15A repealed
                  Section 15A is repealed.

25   45.          Part II Division 2 heading replaced
                  The heading to Part II Division 2 is deleted and the following
                  heading is inserted instead --
                  "     Division 2 -- Particular functions ".



                                                                               page 27
     Machinery of Government (Planning and Infrastructure) Amendment
     Bill 2001
     Part 9        Transport Co-ordination Act 1966

     s. 46


     46.       Section 15B amended
               Section 15B(2) is amended as follows:
                    (a)        by deleting paragraph (h) and inserting the following
                               paragraph instead --
5                         "
                               (h)    assist the Minister in carrying out the Minister's
                                      functions under this Act;
                                                                                           ";
                    (b)        by deleting paragraph (j) and inserting the following
10                             paragraph instead --
                          "
                                (j)   advise the Minister on the administration of the
                                      Eastern Goldfields Transport Board Act 1984;
                                                                                           ".

15   47.       Section 15C replaced
               Section 15C is repealed and the following section is inserted
               instead --
     "
             15C.             Minister may provide facilities
20             (1)            The Minister may provide facilities that the Minister
                              considers to be necessary for the purpose of facilitating
                              the movement of vehicles, under this Act or any other
                              Act, in any part of the State.
               (2)            The Minister may impose terms and conditions,
25                            including the payment of charges, for the use of any
                              facilities provided under subsection (1).
               (3)            The Minister may dispose of facilities that the Minister
                              considers to be no longer necessary for the purpose
                              referred to in subsection (1).



     page 28
           Machinery of Government (Planning and Infrastructure) Amendment
                                                                   Bill 2001
                               Transport Co-ordination Act 1966        Part 9

                                                                              s. 48


                (4)   In this section --
                      "facilities" includes vehicles;
                      "manage", in relation to facilities, includes --
                           (a) grant a lease of and let on hire; and
5                          (b) enter into an agreement or arrangement for
                                 the management of facilities by some other
                                 person;
                      "provide" includes acquire, establish, maintain,
                           manage and alter.
10                                                                               ".

     48.        Section 18 amended
                Section 18(1) is amended by deleting ", or any other,".

     49.        Section 18H inserted
                in Part II Division 4, after section 18G, the following section is
15              inserted --
     "
            18H.      Power to borrow
                (1)   The Minister may borrow money upon the guarantee of
                      the Treasurer of the State for the purposes of --
20                      (a) providing premises and other facilities under
                             this Division;
                        (b) carrying out the Minister's functions under this
                             Division; or
                        (c) enabling the Director General's functions under
25                           this Division to be performed.
                (2)   The Minister may borrow money with the prior
                      approval in writing of the Treasurer and upon terms
                      and conditions that the Treasurer approves, but not
                      otherwise.


                                                                           page 29
     Machinery of Government (Planning and Infrastructure) Amendment
     Bill 2001
     Part 9        Transport Co-ordination Act 1966

     s. 50


               (3)       This section authorises the Treasurer, for and on behalf
                         of the Crown in right of the State, to give any approval
                         or guarantee that this section requires and the guarantee
                         may include the guarantee of interest.
5              (4)       Any money borrowed by the Minister under this
                         section may be raised as one loan or as several loans
                         and in any manner that the Treasurer may approve, but
                         the amount of money borrowed in any one year cannot
                         exceed, in the aggregate, an amount that the Treasurer
10                       approves.
               (5)       Before a guarantee is given by the Treasurer under this
                         section, the Minister must give to the Treasurer any
                         security that the Treasurer requires and execute any
                         instruments necessary for giving that security.
15             (6)       Money borrowed under this section can only be used
                         for a purpose referred to in subsection (1).
               (7)       The due payment of money payable by the Treasurer
                         under a guarantee under this section is to be charged to
                         and paid out of the Consolidated Fund, and this
20                       subsection appropriates that fund accordingly.
                                                                                     ".

     50.       Section 60 amended
               Section 60(2)(a) is amended by deleting "Minister's" and
               inserting instead --
25             "     Ministerial Body's     ".

     51.       Section 61 amended
               Section 61 is amended as follows:
                   (a)    by inserting after "by the Minister," --
                          " by the Ministerial Body, ";



     page 30
           Machinery of Government (Planning and Infrastructure) Amendment
                                                                   Bill 2001
                               Transport Co-ordination Act 1966        Part 9

                                                                           s. 52


                 (b)   by deleting "the Minister," before "in good faith" and
                       inserting instead --
                       " any of them, ";
                 (c)   by inserting after "the Crown, the Minister," --
5                      " the Ministerial Body, ";
                 (d)   by inserting after "the Minister or" --
                       " the Ministerial Body or ".

     52.        Sections 62 and 62A repealed
                Sections 62 and 62A are repealed.

10   53.        Section 62B amended
                Section 62B(2)(b) is deleted.




                                                                        page 31
     Machinery of Government (Planning and Infrastructure) Amendment
     Bill 2001
     Part 10       Western Australian Planning Commission Act 1985

     s. 54


       Part 10 -- Western Australian Planning Commission
                          Act 1985
     54.         The Act amended
                 The amendments in this Part are to the Western Australian
5                Planning Commission Act 1985*.
                 [* Reprinted as at 16 March 2001.]

     55.         Section 5 amended
           (1)   Section 5(1)(b) is amended as follows:
                  (a)   at the beginning of the paragraph, by deleting "5 other
10                      members" and inserting instead --
                        " 4 other members ";
                  (b)   by deleting subparagraph (iii).
           (2)   Section 5(1)(c) is amended as follows:
                  (a) at the beginning of the paragraph, by deleting "6 other
15                      members, being -- " and inserting instead --
                        "
                                the least number of other members who
                                include --
                                                                                  ";
20                (b)   by deleting subparagraphs (iii), (iv), and (v) and
                        inserting the following subparagraphs instead --
                            "
                                (iv)   the person holding or acting in the
                                       office of the chief executive officer of
25                                     the department principally assisting in
                                       the administration of the Transport
                                       Co-ordination Act 1966;
                                 (v)   the person holding or acting in the
                                       office of the chief executive officer of


     page 32
           Machinery of Government (Planning and Infrastructure) Amendment
                                                                   Bill 2001
                 Western Australian Planning Commission Act 1985     Part 10

                                                                              s. 56


                                       the department principally assisting in
                                       the administration of the Environmental
                                       Protection Act 1986;
                                (va)   a person, whether a member under
5                                      another subparagraph or another person
                                       nominated by the Minister, who has
                                       experience in the field of urban and
                                       regional planning and is employed in an
                                       agency, as defined in the Public Sector
10                                     Management Act 1994, for which the
                                       Minister is responsible;
                                                                                 ".

     56.         Section 5A amended
                 Section 5A(1)(b) is deleted.

15   57.         Section 16 amended
                 Section 16(1) is amended by deleting "6 members" and
                 inserting instead --
                 "
                      a number of members equal to at least one half of the
20                    number of members provided for by section 5
                                                                                 ".

     58.         Section 19 amended
           (1)   Section 19(1d)(a) is amended by deleting "is so appointed" and
                 inserting instead --
25               "   approved    ".




                                                                          page 33
     Machinery of Government (Planning and Infrastructure) Amendment
     Bill 2001
     Part 10       Western Australian Planning Commission Act 1985

     s. 58


        (2)    Section 19(1e)(a) is amended as follows:
                (a) by deleting subparagraph (iv) and inserting the
                      following subparagraph instead --
                          "
5                             (iv)    the member of the Commission referred
                                      to in section 5(1)(c)(iv), or a person
                                      nominated by that member and
                                      approved by the Minister;
                                                                                   ";
10              (b)   by deleting subparagraphs (vi) and (vii).
        (3)    Section 19(1g)(a) is amended as follows:
                (a) by deleting subparagraph (ii) and inserting the following
                      subparagraph instead --
                          "
15                            (ii)    each member of the Commission
                                      referred to in section 5(1)(c)(i) or (iv),
                                      or a person nominated by that member
                                      and approved by the Minister;
                                                                                   ";
20              (b)   by deleting subparagraph (iii) and inserting the
                      following subparagraph instead --
                          "
                              (iii)   the Coordinator of Energy referred to in
                                      section 4 of the Energy Coordination
25                                    Act 1994 or a person nominated by him
                                      or her and approved by the Minister;
                                                                                   ".




     page 34
           Machinery of Government (Planning and Infrastructure) Amendment
                                                                   Bill 2001
                 Western Australian Planning Commission Act 1985     Part 10

                                                                              s. 59


     59.       Section 19A inserted
               After section 19, the following section is inserted --
     "
            19A.      Delegation of ministerial approval
5              (1)    The Minister may delegate to a person or body any
                      function the Minister has of giving or declining to give
                      approval under section 19.
               (2)    The delegation must be in writing signed by the Minister.
                                                                                  ".

10   60.       Section 46 amended
               Section 46 is amended by deleting "$500 000" and inserting
               instead --
               "     $1 000 000 ".




                                                                           page 35
     Machinery of Government (Planning and Infrastructure) Amendment
     Bill 2001
     Part 11       Other Acts amended

     s. 61


                       Part 11 -- Other Acts amended
     61.         Fines, Penalties and Infringement Notices Enforcement
                 Act 1994
                 Section 3(1) of the Fines, Penalties and Infringement Notices
5                Enforcement Act 1994* is amended by deleting the definition of
                 "Director General" and inserting the following definition
                 instead --
                 "
                      "Director General" means the chief executive officer
10                        of the department of the Public Service principally
                          assisting in the administration of the provisions of
                          the Road Traffic Act 1974 that section 5 of that Act
                          defines as the "licensing provisions of this Act";
                                                                                 ".
15               [* Reprinted as at 2 November 2001.
     62.         Government Railways Act 1904
           (1)   The amendments in this section are to the Government Railways
                 Act 1904*.
                 [* Reprinted as at 7 September 2001.]
20         (2)   Section 2 is amended by deleting the definition of "Director
                 General".
           (3)   Section 28A(6) is amended as follows:
                  (a) by deleting "to the Director General of Transport";
                  (b) by inserting before the full stop at the end of the
25                      subsection --
                 "
                      to the chief executive officer of the department of the
                      Public Service principally assisting in the
                      administration of the Transport Co-ordination
30                    Act 1966
                                                                                 ".

     page 36
           Machinery of Government (Planning and Infrastructure) Amendment
                                                                   Bill 2001
                                          Other Acts amended         Part 11

                                                                                     s. 63


           (4)   Section 28A(7) is amended by deleting "Where the Director
                 General of Transport receives particulars of a service pursuant
                 to subsection (6) the Director General of Transport" and
                 inserting instead --
5                "
                           The chief executive officer who receives particulars of
                           a service under subsection (6)
                                                                                       ".

     63.         Railways (Access) Act 1998
10         (1)   The amendments in this section are to the Railways (Access)
                 Act 1998*.
                 [* Reprinted as at 12 October 2001.]
           (2)   Section 14(5) is amended by deleting "Director General of
                 Transport" and inserting instead --
15               "
                           chief executive officer of the department of the Public
                           Service principally assisting in the administration of
                           the Transport Co-ordination Act 1966
                                                                                       ".
20         (3)   Section 14(11) is amended as follows:
                     (a)    by deleting the semicolon at the end of the definition of
                            "Commissioner" and inserting a full stop instead;
                     (b)    by deleting the definition of "Director General of
                            Transport".




                                                                               page 37
     Machinery of Government (Planning and Infrastructure) Amendment
     Bill 2001
     Part 11       Other Acts amended

     s. 64


     64.       Sentencing Act 1995
               The Sentencing Act 1995* section 105(3) is amended by
               deleting "Director General of Transport (referred to in section 8
               of the Transport Co-ordination Act 1966) for the purposes of
5              administering the licensing provisions of the Road Traffic
               Act 1974." and inserting instead --
               "
                     chief executive officer of the department of the Public
                     Service principally assisting in the administration of
10                   the provisions of the Road Traffic Act 1974 that
                     section 5 of that Act defines as the "licensing
                     provisions of this Act" for the purposes of
                     administering those provisions.
                                                                                ".
15             [* Reprinted as at 4 May 2001.
                 For subsequent amendments see Acts Nos. 57 of 1999 and 23
                 and 24 of 2001.]

     65.       Stamp Act 1921
               The Stamp Act 1921* section 76B is amended by deleting the
20             definition of "Director General" and inserting the following
               definition instead --
               "
                     "Director General" means the chief executive officer
                         of the department of the Public Service principally
25                       assisting in the administration of the provisions of
                         the Road Traffic Act 1974 that section 5 of that Act
                         defines as the "licensing provisions of this Act";
                                                                                ".
               [* Reprinted as at 3 August 2001.]




     page 38
           Machinery of Government (Planning and Infrastructure) Amendment
                                                                   Bill 2001
                                           Transitional matters      Part 12

                                                                             s. 66


                       Part 12 -- Transitional matters
     66.         Transport Co-ordination Ministerial Body
           (1)   In relation to the functions that the former body corporate had
                 for the purposes of the Transport Co-ordination Act 1966 before
5                section 39 of this Act came into operation, the Transport
                 Co-ordination Ministerial Body established by section 6 of that
                 Act as inserted by section 39 of this Act is a continuation of,
                 and the same legal person as, the former body corporate.
           (2)   In this section --
10               "former body corporate" means the body corporate that was,
                     before section 39 of this Act came into operation,
                     constituted by the Minister under the Transport
                     Co-ordination Act 1966 section 7.

     67.         Agreements under former Transport Co-ordination Act 1966
15               section 15C
           (1)   To the extent that, immediately before the commencement of
                 this Act, an agreement under the former section 15C made
                 provision about the performance of functions of the former
                 Director General under a relevant Act, the agreement continues,
20               when this Act comes into operation, as an agreement under the
                 new provision of the relevant Act.
           (2)   To the extent that the agreement continues under subsection (1),
                 it applies as if --
                    (a) instead of being made by the Minister referred to in the
25                        former section 15C, the agreement had been made by
                          the Director General referred to in the new provision of
                          the relevant Act; and
                    (b) instead of providing for the performance of functions of
                          the former Director General, the agreement made similar
30                        provision for the performance of the corresponding



                                                                          page 39
     Machinery of Government (Planning and Infrastructure) Amendment
     Bill 2001
     Part 12       Transitional matters

     s. 68


                        functions of the Director General referred to in the new
                        provision of the relevant Act.
           (3)   In this section --
                 "former Director General" means the Director General of
5                     Transport under the Transport Co-ordination Act 1966
                      section 8 as in force before it was repealed by this Act;
                 "former section 15C" means the Transport Co-ordination
                      Act 1966 section 15C as in force before it was repealed by
                      this Act;
10               "new provision" means --
                      (a) the Control of Vehicles (Off-road Areas) Act 1978
                             section 4B;
                      (b) the Motor Vehicle Drivers Instructors Act 1963
                             section 4A;
15                    (c) the Motor Vehicle (Third Party Insurance) Act 1943
                             section 3QA; or
                      (d) the Road Traffic Act 1974 section 6B;
                 "relevant Act" means --
                      (a) the Control of Vehicles (Off-road Areas) Act 1978;
20                    (b) the Motor Vehicle Drivers Instructors Act 1963;
                      (c) the Motor Vehicle (Third Party Insurance) Act 1943;
                             or
                      (d) the Road Traffic Act 1974.

     68.         Delegations under former Transport Co-ordination Act 1966
25               section 18
           (1)   To the extent that, immediately before the commencement of
                 this Act, a delegation under the former section 18 applied to the
                 performance of functions or powers of the former Director
                 General under a relevant Act, the delegation continues, when
30               this Act comes into operation, as a delegation under the new
                 provision of the relevant Act.

     page 40
     Machinery of Government (Planning and Infrastructure) Amendment
                                                             Bill 2001
                                     Transitional matters      Part 12

                                                                       s. 68


     (2)   To the extent that the delegation continues under subsection (1),
           it applies as if --
              (a) instead of being made by the former Director General,
                    the delegation had been made by the Director General
5                   referred to in the new provision of the relevant Act;
              (b) instead of delegating the performance of functions of the
                    former Director General, the performance of the
                    corresponding functions of the Director General referred
                    to in the new provision of the relevant Act were
10                  delegated; and
              (c) any Ministerial approval that would have been required
                    in order for the delegation to be made under the new
                    provision of the relevant Act had been given.
     (3)   In this section --
15         "former Director General" means the Director General of
                Transport under the Transport Co-ordination Act 1966
                section 8 as in force before it was repealed by this Act;
           "former section 18" means the Transport Co-ordination
                Act 1966 section 18 as in force before it was amended by
20              this Act;
           "new provision" means --
                (a) the Control of Vehicles (Off-road Areas) Act 1978
                       section 4A;
                (b) the Motor Vehicle Drivers Instructors Act 1963
25                     section 4;
                (c) the Motor Vehicle (Third Party Insurance) Act 1943
                       section 3QB;
                (d) the Rail Safety Act 1998 section 57A;
                (e) the Road Traffic Act 1974 section 6A; or
30               (f) the Transport Co-ordination Act 1966 section 18;
           "relevant Act" means --
                (a) the Control of Vehicles (Off-road Areas) Act 1978;

                                                                    page 41
     Machinery of Government (Planning and Infrastructure) Amendment
     Bill 2001
     Part 12       Transitional matters

     s. 69


                      (b)    the Motor Vehicle Drivers Instructors Act 1963;
                      (c)    the Motor Vehicle (Third Party Insurance) Act 1943;
                      (d)    the Rail Safety Act 1998;
                      (e)    the Road Traffic Act 1974; or
5                      (f)   the Transport Co-ordination Act 1966.

     69.         Regulations about transitional matters
           (1)   If there is no sufficient provision in this Act for dealing with a
                 transitional matter, regulations under an Act amended by this
                 Act may include any provision that is required, or is necessary
10               or convenient, for dealing with the transitional matter.
           (2)   In subsection (1) --
                 "transitional matter" means a matter that needs to be dealt
                      with for the purpose of effecting the transition from the
                      provisions of the Acts amended by this Act as in force
15                    before this Act comes into operation to the provisions of
                      those Acts as in force after this Act comes into operation.
           (3)   Regulations including a provision described in subsection (1)
                 may be expressed to have effect before the day on which they
                 are published in the Gazette.
20         (4)   To the extent that a regulation including a provision described
                 in subsection (1) may have effect before the day of its
                 publication in the Gazette, it does not --
                   (a) affect in a manner prejudicial to any person (other than
                         the State or an agency of the State), the rights of that
25                       person existing before the day of its publication; or
                   (b) impose liabilities on any person (other than the State or
                         an agency of the State) in respect of anything done or
                         omitted to be done before the day of its publication.




 


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