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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Minerals Research Institute of Western
Australia Bill 2013
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used 2
Part 2 -- Minerals Research Institute
of Western Australia
Division 1 -- Minerals Research Institute of
Western Australia
4. Institute established 4
5. Institute to be State agency 4
Division 2 -- Functions
6. Institute's functions 4
7. Undertaking, procuring and managing minerals
research projects 4
8. Providing financial assistance for minerals
research and other activities 5
9. Keeping records about minerals research projects 5
10. Other functions 5
Division 3 -- Powers
11. Institute's powers 6
12. Minister and Treasurer to consider proposals under
section 11(3)(a) 7
13. Delegation 7
Division 4 -- Research priority plan
14. Research priority plan 8
15. Revised research priority plans 8
36--1 page i
Minerals Research Institute of Western Australia Bill 2013
Contents
16. Minister to be given research priority plan 8
17. Research priority plan to be published 9
18. Effect of research priority plan 9
Part 3 -- Financial assistance
19. Applying for financial assistance 10
20. Institute may provide financial assistance 10
21. Institute may require information 10
22. False or misleading information 11
23. Institute may terminate financial assistance 12
24. Review of decision to terminate financial
assistance 13
Part 4 -- Administration
Division 1 -- The board
Subdivision 1 -- How board is constituted
25. Terms used 14
26. Board is governing body 14
27. Board membership 14
28. Chairperson and deputy chairperson 15
29. Term of office 15
30. Casual vacancies 15
31. Extension of term of office during vacancy 16
32. Leave of absence 17
33. Alternate members 17
34. Remuneration and allowances 17
Subdivision 2 -- Board meetings
35. Holding meetings 18
36. Quorum 18
37. Presiding member 18
38. Procedure at meetings 18
39. Holding meetings remotely 18
40. Voting 18
41. Resolution without meeting 19
42. Minutes to be kept 19
Subdivision 3 -- Disclosure of interests
43. Disclosure of material personal interest 19
44. Voting by interested member 19
45. Section 44 may be declared inapplicable 20
46. Quorum where section 45 applies 20
page ii
Minerals Research Institute of Western Australia Bill 2013
Contents
Subdivision 4 -- Execution of documents
47. Execution of documents 20
Division 2 -- Staff
Subdivision 1 -- CEO generally
48. CEO 21
49. Effect of Institute being SES organisation 21
50. Effect of Institute becoming non-SES organisation 21
51. Appointment of CEO 22
Subdivision 2 -- Provisions applying to CEO under
section 49(b) or 50
52. Term used: CEO 22
53. Term of office and resignation 22
54. Salary and entitlements 22
55. Entitlements of public service officer as CEO 23
56. Removal from office 23
57. Other conditions of service 24
Subdivision 3 -- Other staff
58. Other staff 24
59. Use of government staff and facilities 24
Division 3 -- Advisory committees
60. Advisory committees 25
61. Advice of advisory committees 25
62. Remuneration 26
Part 5 -- Accountability and
financial provisions
Division 1 -- Accountability provisions
63. Minister may give directions 27
64. Minister to be kept informed 27
65. Minister to have access to information 27
Division 2 -- Financial provisions
66. Application of Financial Management Act 2006
and Auditor General Act 2006 28
67. Institute's funds 28
68. Notice of financial difficulty 29
Part 6 -- Miscellaneous
69. Protection from liability for wrongdoing 30
70. Confidentiality of information under this Act 30
page iii
Minerals Research Institute of Western Australia Bill 2013
Contents
71. Confidentiality of information under repealed Acts 31
72. Regulations 33
73. Laying documents before House of Parliament not
sitting 33
74. Review of Act 34
Part 7 -- Repeal and consequential
amendments
Division 1 -- Minerals and Energy Research
Act 1987 repealed
75. Minerals and Energy Research Act 1987 repealed 35
Division 2 -- Consequential amendments
76. Constitution Acts Amendment Act 1899 amended 35
77. Financial Management Act 2006 amended 35
78. Public Sector Management Act 1994 amended 35
Part 8 -- Transitional and savings
provisions for the Minerals and
Energy Research Act 1987
Division 1 -- Preliminary
79. Terms used 37
80. Interpretation Act 1984 not affected 37
Division 2 -- Transfer of abolished Institute's
assets, rights and liabilities
81. Assets, rights and liabilities 38
82. Investments 38
83. Registration of documents 39
84. Exemption from State tax 39
Division 3 -- Transfer of CEO
85. Transfer of CEO 39
Division 4 -- Continuing effect of things done
86. Completion of things commenced 40
87. Continuing effect of things done 40
88. Agreements and instruments generally 41
89. Undetermined applications for financial assistance 41
90. Notices served under repealed Act 42
Division 5 -- Other transitional provisions
91. Transitional regulations 42
page iv
Minerals Research Institute of Western Australia Bill 2013
Contents
92. Savings 43
Defined terms
page v
Western Australia
LEGISLATIVE ASSEMBLY
Minerals Research Institute of Western
Australia Bill 2013
A Bill for
An Act --
● to establish the Minerals Research Institute of Western Australia
for the purposes of fostering and promoting minerals research
for the benefit of the State; and
● to repeal the Minerals and Energy Research Act 1987; and
● to amend certain other Acts as a consequence of this Act,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Minerals Research Institute of Western Australia Bill 2013
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Minerals Research Institute of Western Australia
4 Act 2013.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) sections 1 and 2 -- on the day on which this Act
8 receives the Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
11 3. Terms used
12 In this Act, unless the contrary intention appears --
13 Account means the account referred to in section 67(1);
14 advisory committee means an advisory committee appointed
15 under section 60(1);
16 board means the Institute's board provided for in section 26(1);
17 CEO means the chief executive officer of the Institute referred
18 to in section 48(1);
19 chairperson means the person designated under section 28(1) as
20 the chairperson of the board;
21 Institute means the Minerals Research Institute of Western
22 Australia established under section 4(1);
23 member means a member of the board;
24 mineral means --
25 (a) a naturally occurring inorganic substance that is
26 extracted or extractable from the earth and has
27 characteristic chemical composition and physical
28 properties; or
page 2
Minerals Research Institute of Western Australia Bill 2013
Preliminary Part 1
s. 3
1 (b) an aggregate of one or more substances referred to in
2 paragraph (a); or
3 (c) coal or a similar naturally occurring organic substance
4 that is extracted or extractable from the earth, other than
5 petroleum or any hydrocarbon;
6 minerals research means --
7 (a) investigation undertaken in order to acquire new
8 knowledge relating to; or
9 (b) systematic work drawing on existing knowledge that is
10 directed to the development of,
11 any process, technique, method, design or apparatus to locate,
12 extract, transport or market minerals;
13 staff member means the CEO or a person referred to in
14 section 58 or 59.
page 3
Minerals Research Institute of Western Australia Bill 2013
Part 2 Minerals Research Institute of Western Australia
Division 1 Minerals Research Institute of Western Australia
s. 4
1 Part 2 -- Minerals Research Institute of Western
2 Australia
3 Division 1 -- Minerals Research Institute of Western Australia
4 4. Institute established
5 (1) The Minerals Research Institute of Western Australia is
6 established.
7 (2) The Institute --
8 (a) is a body corporate; and
9 (b) has perpetual succession; and
10 (c) has a common seal; and
11 (d) may sue and be sued in its corporate name.
12 5. Institute to be State agency
13 The Institute is an agent of the State and has the status,
14 immunities and privileges of the State.
15 Division 2 -- Functions
16 6. Institute's functions
17 For the purposes of fostering and promoting minerals research
18 for the benefit of the State, the Institute has the functions set out
19 in this Division.
20 7. Undertaking, procuring and managing minerals research
21 projects
22 It is a function of the Institute to undertake, procure or manage
23 such minerals research projects as it thinks fit.
page 4
Minerals Research Institute of Western Australia Bill 2013
Minerals Research Institute of Western Australia Part 2
Functions Division 2
s. 8
1 8. Providing financial assistance for minerals research and
2 other activities
3 (1) It is a function of the Institute to provide financial assistance to
4 persons to enable them to undertake or participate in, or to
5 engage or enable other persons to undertake or participate in,
6 minerals research or any other activity relevant to the Institute's
7 functions.
8 (2) The Institute may provide financial assistance only in
9 accordance with Part 3.
10 9. Keeping records about minerals research projects
11 (1) The Institute must cause detailed records to be kept about each
12 minerals research project --
13 (a) it has undertaken, procured or managed either on its own
14 or in conjunction with any other person; or
15 (b) for which it has provided financial assistance.
16 (2) The records in respect of each minerals research project must
17 include records of --
18 (a) the amount and nature of financial assistance that the
19 Institute has provided for the project and to whom the
20 financial assistance has been provided; and
21 (b) the work done in relation to the project; and
22 (c) the outputs of the project and how they relate to the
23 knowledge and technology needs of the State's minerals
24 industry identified in the Institute's research priority
25 plan referred to in section 14.
26 10. Other functions
27 The Institute also has these functions --
28 (a) to confer and collaborate on matters relating to minerals
29 research with other persons, authorities and institutions;
30 (b) to maintain current knowledge of minerals research
31 being undertaken within the State and elsewhere;
page 5
Minerals Research Institute of Western Australia Bill 2013
Part 2 Minerals Research Institute of Western Australia
Division 3 Powers
s. 11
1 (c) to promote public awareness of, and foster public
2 interest in, matters relating to minerals research;
3 (d) to foster academic activities relevant to the Institute's
4 functions;
5 (e) to provide the Minister with advice in relation to
6 minerals research;
7 (f) any other function prescribed by regulations.
8 Division 3 -- Powers
9 11. Institute's powers
10 (1) In this section --
11 business arrangement means a company, a partnership, a trust,
12 a joint venture or any other business arrangement;
13 participate includes form, promote, establish, enter into,
14 manage, dissolve, wind-up and do anything incidental to the
15 doing of those things;
16 public authority means any of the following --
17 (a) a Minister of the State;
18 (b) an agency or an organisation as those terms are defined
19 in the Public Sector Management Act 1994 section 3(1);
20 (c) a local government or regional local government;
21 (d) a body, whether incorporated or not, or the holder of an
22 office, that is established or continued for a public
23 purpose under a written law and that, under the authority
24 of a written law, performs a statutory function on behalf
25 of the State.
26 (2) The Institute has all the powers it needs to perform its functions.
27 (3) Without limiting subsection (2), the Institute may --
28 (a) participate in a business arrangement and acquire, hold
29 and dispose of shares, units or other interests in, or
30 relating to, a business arrangement; and
page 6
Minerals Research Institute of Western Australia Bill 2013
Minerals Research Institute of Western Australia Part 2
Powers Division 3
s. 12
1 (b) enter into arrangements for sponsorship; and
2 (c) develop and turn to account any technology, software,
3 resource or intellectual property and, for that purpose,
4 apply for, hold, receive, exploit and dispose of any
5 intellectual property; and
6 (d) use its expertise and resources to provide consultancy,
7 management, advisory or other services for profit.
8 (4) The Institute, in performing its functions, may act alone or in
9 conjunction with --
10 (a) any person or public authority; or
11 (b) any other government agency or instrumentality of the
12 Commonwealth.
13 12. Minister and Treasurer to consider proposals under
14 section 11(3)(a)
15 (1) The Institute must obtain the written agreement of the Minister
16 before it exercises any power conferred by section 11(3)(a).
17 (2) The Minister must obtain the Treasurer's approval before giving
18 a written agreement under subsection (1).
19 13. Delegation
20 (1) The Institute may delegate to a staff member any power or duty
21 of the Institute under another provision of this Act.
22 (2) The delegation must be in writing executed by the Institute.
23 (3) A person to whom a power or duty is delegated under this
24 section cannot delegate that power or duty.
25 (4) A person exercising or performing a power or duty that has been
26 delegated to the person under this section, is to be taken to do so
27 in accordance with the terms of the delegation unless the
28 contrary is shown.
29 (5) Nothing in this section limits the ability of the Institute to
30 perform a function through a staff member or an agent.
page 7
Minerals Research Institute of Western Australia Bill 2013
Part 2 Minerals Research Institute of Western Australia
Division 4 Research priority plan
s. 14
1 Division 4 -- Research priority plan
2 14. Research priority plan
3 The Institute is to have a research priority plan that identifies
4 and prioritises the medium to long term knowledge and
5 technology needs of the State's minerals industry.
6 15. Revised research priority plans
7 The Institute may revise its research priority plan but only if it
8 has --
9 (a) prepared a proposed revised research priority plan (the
10 proposed revised plan); and
11 (b) published the proposed revised plan; and
12 (c) published a notice --
13 (i) stating that it proposes to revise its research
14 priority plan; and
15 (ii) stating that it has published the proposed revised
16 plan and how it may be accessed by the public;
17 and
18 (iii) inviting written submissions about the proposed
19 revised plan to be made to the Institute within the
20 period specified in the notice (which must be at
21 least 30 days after the notice is published);
22 and
23 (d) considered any submissions about the proposed revised
24 plan made in accordance with the notice.
25 16. Minister to be given research priority plan
26 The Institute must give the Minister a copy of --
27 (a) its research priority plan; and
28 (b) any revised research priority plan.
page 8
Minerals Research Institute of Western Australia Bill 2013
Minerals Research Institute of Western Australia Part 2
Research priority plan Division 4
s. 17
1 17. Research priority plan to be published
2 The Institute must ensure that its research priority plan, as
3 revised from time to time, is published.
4 18. Effect of research priority plan
5 The Institute must have regard to its research priority plan, as
6 revised from time to time, when performing its functions.
page 9
Minerals Research Institute of Western Australia Bill 2013
Part 3 Financial assistance
s. 19
1 Part 3 -- Financial assistance
2 19. Applying for financial assistance
3 (1) A person may apply to the Institute for financial assistance to
4 enable the person to undertake or participate in, or to engage or
5 enable another person to undertake or participate in, minerals
6 research or any other activity relevant to the Institute's
7 functions.
8 (2) An application under subsection (1) must --
9 (a) be in the form approved by the CEO; and
10 (b) be accompanied by the prescribed fee (if any).
11 (3) The Institute may require any information provided with an
12 application under subsection (1) to be verified by a statutory
13 declaration.
14 20. Institute may provide financial assistance
15 (1) On an application under section 19(1), the Institute may --
16 (a) provide to the applicant an amount of financial
17 assistance specified by the Institute; or
18 (b) refuse the application.
19 (2) The Institute may provide financial assistance whether or not an
20 application is made under section 19(1).
21 (3) The Institute may impose such terms and conditions as it thinks
22 fit in relation to financial assistance provided under this Act.
23 21. Institute may require information
24 (1) The Institute may, by written notice given to a person to whom
25 it has provided financial assistance, require the person to
26 provide to the Institute, within the period specified in the notice,
27 any information relating to --
28 (a) any minerals research or other activity for which the
29 financial assistance was provided; or
page 10
Minerals Research Institute of Western Australia Bill 2013
Financial assistance Part 3
s. 22
1 (b) the financial assistance provided to the person.
2 (2) A notice under subsection (1) must specify the information to be
3 provided and the period within which it must be provided.
4 (3) The Institute may require any information provided in response
5 to a notice under subsection (1) to be verified by a statutory
6 declaration.
7 (4) A person given a notice under subsection (1) must comply with
8 it.
9 Penalty: a fine of $20 000.
10 22. False or misleading information
11 (1) A person must not do any of the things set out in
12 subsection (2) --
13 (a) in relation to an application under section 19(1); or
14 (b) in response to a notice under section 21(1).
15 Penalty: a fine of $20 000.
16 (2) The things to which subsection (1) applies are --
17 (a) making a statement which the person knows is false or
18 misleading in a material particular; or
19 (b) making a statement which is false or misleading in a
20 material particular, with reckless disregard as to whether
21 or not the statement is false or misleading in a material
22 particular; or
23 (c) providing, or causing to be provided, information that
24 the person knows is false or misleading in a material
25 particular; or
26 (d) providing, or causing to be provided, information that is
27 false or misleading in a material particular, with reckless
28 disregard as to whether the information is false or
29 misleading in a material particular.
page 11
Minerals Research Institute of Western Australia Bill 2013
Part 3 Financial assistance
s. 23
1 23. Institute may terminate financial assistance
2 (1) In this section --
3 specified, in relation to a notice, means specified in the notice.
4 (2) The Institute may, by written notice given to a person to whom
5 it has provided financial assistance, terminate the financial
6 assistance if the person is convicted of an offence under this
7 Act.
8 (3) The Institute may, by written notice given to a person to whom
9 it has provided financial assistance, terminate the financial
10 assistance if it is satisfied that the person --
11 (a) has failed to comply with --
12 (i) a provision of this Act; or
13 (ii) a term or condition imposed by the Institute in
14 relation to the financial assistance;
15 or
16 (b) is unable to undertake or complete the minerals research
17 or other activity for which the financial assistance was
18 provided.
19 (4) Before giving a person a notice under subsection (3), the
20 Institute must --
21 (a) give the person written notice of the proposal to
22 terminate the financial assistance and the reasons for it;
23 and
24 (b) advise the person that the person may within the
25 specified period (which must be at least 14 days after the
26 notice is received) make written submissions to the
27 Institute as to why the financial assistance should not be
28 terminated; and
29 (c) consider any submissions made in accordance with the
30 notice.
page 12
Minerals Research Institute of Western Australia Bill 2013
Financial assistance Part 3
s. 24
1 (5) If the Institute gives a person a notice under subsection (2)
2 or (3) the person must return to the Institute the specified
3 amount within the specified period.
4 (6) Any amount not returned in accordance with subsection (5) is
5 recoverable in a court of competent jurisdiction as a debt due to
6 the Institute.
7 24. Review of decision to terminate financial assistance
8 A person aggrieved by a decision under section 23(3) to
9 terminate financial assistance may apply to the State
10 Administrative Tribunal for a review of the decision.
page 13
Minerals Research Institute of Western Australia Bill 2013
Part 4 Administration
Division 1 The board
s. 25
1 Part 4 -- Administration
2 Division 1 -- The board
3 Subdivision 1 -- How board is constituted
4 25. Terms used
5 In this Subdivision --
6 deputy chairperson means the person designated under
7 section 28(1) as the deputy chairperson of the board;
8 unable to act means unable to act as a member for any reason,
9 including --
10 (a) illness; and
11 (b) absence; and
12 (c) the operation of section 44(1).
13 26. Board is governing body
14 (1) The Institute is to have a board.
15 (2) The board is the governing body of the Institute and, in the
16 name of the Institute, is to perform the Institute's functions.
17 27. Board membership
18 (1) The board is to consist of 7 members appointed by the Minister,
19 of whom --
20 (a) at least one is to have recent or current experience in the
21 minerals industry; and
22 (b) at least one is to have recent or current experience in the
23 minerals research sector or any other research sector;
24 and
25 (c) one is to be nominated by the chief executive officer of
26 the department principally assisting in the administration
27 of the Mining Act 1978; and
page 14
Minerals Research Institute of Western Australia Bill 2013
Administration Part 4
The board Division 1
s. 28
1 (d) each other member is to have knowledge of, and
2 experience in, a field that is, in the opinion of the
3 Minister, relevant to the Institute's functions.
4 (2) The CEO is not eligible to be appointed as a member of the
5 board.
6 28. Chairperson and deputy chairperson
7 (1) The Minister must designate one member to be the chairperson
8 of the board and another to be the deputy chairperson of the
9 board.
10 (2) If the chairperson is unable to act or if there is no chairperson,
11 the deputy chairperson is to act in the chairperson's place.
12 (3) An act or omission of the deputy chairperson acting in the
13 chairperson's place cannot be questioned on the ground that the
14 occasion to act in the chairperson's place had not arisen or had
15 ceased.
16 29. Term of office
17 (1) A member holds office for such term, not exceeding 3 years, as
18 is specified in the instrument of appointment.
19 (2) A member is eligible for reappointment but cannot hold office
20 for more than 9 consecutive years.
21 30. Casual vacancies
22 (1) In this section --
23 misconduct includes conduct that renders the member unfit to
24 hold office as a member even though the conduct does not relate
25 to a duty of the office.
26 (2) The office of a member becomes vacant if the member --
27 (a) dies, resigns or is removed from office under this
28 section; or
page 15
Minerals Research Institute of Western Australia Bill 2013
Part 4 Administration
Division 1 The board
s. 31
1 (b) is, according to the Interpretation Act 1984 section 13D,
2 a bankrupt or a person whose affairs are under
3 insolvency laws; or
4 (c) is convicted of an offence punishable by imprisonment
5 for more than 12 months; or
6 (d) is convicted of an offence under section 43(1).
7 (3) A member may at any time resign from office by written notice
8 given to the Minister.
9 (4) The Minister may remove a member from office on the grounds
10 of --
11 (a) neglect of duty; or
12 (b) misconduct or incompetence; or
13 (c) mental or physical incapacity, other than temporary
14 illness, impairing the performance of the member's
15 duties; or
16 (d) absence, without leave, from 3 consecutive meetings of
17 the board of which the member has had notice.
18 31. Extension of term of office during vacancy
19 (1) If the office of a member becomes vacant because the member's
20 term of office expires by effluxion of time, the member is taken
21 to continue to be a member during that vacancy until the date on
22 which the vacancy is filled (whether by reappointment of the
23 member or appointment of a successor to the member).
24 (2) Subsection (1) ceases to apply if the member resigns or is
25 removed from office under section 30.
26 (3) The maximum period for which a member is taken to continue
27 to be a member under this section after the member's term of
28 office expires is 3 months.
page 16
Minerals Research Institute of Western Australia Bill 2013
Administration Part 4
The board Division 1
s. 32
1 32. Leave of absence
2 The board may, on any terms and conditions it thinks fit, grant a
3 member leave to be absent from office.
4 33. Alternate members
5 (1) If a member other than the chairperson is unable to act, the
6 Minister may appoint another person as an alternate member to
7 act temporarily in the member's place.
8 (2) If the deputy chairperson is unable to act in the chairperson's
9 place at a meeting --
10 (a) the members present may elect one of their number to
11 act as chairperson; and
12 (b) subsection (1) applies as if the member elected were
13 absent from the meeting.
14 (3) While acting in accordance with the appointment, the alternate
15 member is taken to be, and to have any entitlement of, a
16 member.
17 (4) An act or omission of an alternate member cannot be questioned
18 on the ground that the occasion for the appointment or acting
19 had not arisen or had ceased.
20 34. Remuneration and allowances
21 (1) Members are entitled to be paid out of the funds of the Institute
22 any remuneration and allowances that the Minister may from
23 time to time determine on the recommendation of the Public
24 Sector Commissioner.
25 (2) Subsection (1) has effect subject to the Salaries and Allowances
26 Act 1975, if that Act applies to the member.
page 17
Minerals Research Institute of Western Australia Bill 2013
Part 4 Administration
Division 1 The board
s. 35
1 Subdivision 2 -- Board meetings
2 35. Holding meetings
3 (1) The first meeting of the board is to be convened by its
4 chairperson, and subsequent meetings are to be held at times
5 and places determined by the board.
6 (2) The board is to meet at least 3 times a year.
7 36. Quorum
8 Four members constitute a quorum.
9 37. Presiding member
10 The chairperson is to preside at a meeting of the board.
11 38. Procedure at meetings
12 The board is to determine its own meeting procedures to the
13 extent that they are not fixed by this Act.
14 39. Holding meetings remotely
15 The presence of a person at a meeting of the board need not be
16 by attendance in person but may be by that person and each
17 other person at the meeting being simultaneously in contact by
18 telephone or other means of instantaneous communication.
19 40. Voting
20 (1) At a meeting of the board, each member present has a
21 deliberative vote unless section 44 prevents the member from
22 voting.
23 (2) In the case of an equality of votes, the member presiding has a
24 casting vote in addition to a deliberative vote.
25 (3) A question is resolved by a majority of the votes cast.
page 18
Minerals Research Institute of Western Australia Bill 2013
Administration Part 4
The board Division 1
s. 41
1 41. Resolution without meeting
2 A resolution in writing signed or otherwise assented to in
3 writing by each member has the same effect as if it had been
4 passed at a meeting of the board.
5 42. Minutes to be kept
6 The board must keep accurate minutes of its meetings.
7 Subdivision 3 -- Disclosure of interests
8 43. Disclosure of material personal interest
9 (1) A member who has a material personal interest in a matter being
10 considered or about to be considered by the board must, as soon
11 as possible after the relevant facts have come to the member's
12 knowledge, disclose the nature of the interest at a meeting of the
13 board.
14 Penalty: a fine of $10 000.
15 (2) A disclosure under this section is to be recorded in the minutes
16 of the meeting.
17 44. Voting by interested member
18 (1) A member who has a material personal interest in a matter that
19 is being considered by the board --
20 (a) must not vote, whether at a meeting or otherwise, on the
21 matter; and
22 (b) must not be present while the matter is being considered
23 at a meeting.
24 (2) A reference in subsection (1)(a) or (b) to a matter includes a
25 reference to a proposed resolution under section 45 in respect of
26 the matter, whether relating to that member or a different
27 member.
page 19
Minerals Research Institute of Western Australia Bill 2013
Part 4 Administration
Division 1 The board
s. 45
1 45. Section 44 may be declared inapplicable
2 Section 44 does not apply if --
3 (a) a member has disclosed under section 43 an interest in a
4 matter; and
5 (b) the board has at any time passed a resolution that --
6 (i) specifies the member, the interest and the matter;
7 and
8 (ii) states that the members voting for the resolution
9 are satisfied that the interest is so trivial or
10 insignificant as to be unlikely to influence the
11 disclosing member's conduct and should not
12 disqualify the member from considering or
13 voting on the matter.
14 46. Quorum where section 45 applies
15 (1) Despite section 36, if a member is disqualified under section 44
16 in relation to a matter, a quorum is present during the
17 consideration of the matter if at least 3 members are present
18 who are entitled to vote on any motion that may be moved at the
19 meeting in relation to the matter.
20 (2) The Minister may deal with a matter to the extent that the board
21 cannot deal with it because of subsection (1).
22 Subdivision 4 -- Execution of documents
23 47. Execution of documents
24 (1) A document is duly executed by the Institute if the common seal
25 of the Institute is affixed to it in accordance with subsections (2)
26 and (3).
27 (2) The common seal of the Institute is not to be affixed to any
28 document except as authorised by the Institute.
page 20
Minerals Research Institute of Western Australia Bill 2013
Administration Part 4
Staff Division 2
s. 48
1 (3) The common seal of the Institute is to be affixed to a document
2 in the presence of any 2 members, each of whom is to sign the
3 document to attest the common seal was so affixed.
4 (4) A document purporting to be executed in accordance with this
5 section is to be presumed to be duly executed unless the
6 contrary is shown.
7 (5) When a document is produced bearing a seal purporting to be
8 the common seal of the Institute, it is to be presumed that the
9 seal is the common seal of the Institute unless the contrary is
10 shown.
11 Division 2 -- Staff
12 Subdivision 1 -- CEO generally
13 48. CEO
14 (1) There is to be a chief executive officer of the Institute.
15 (2) The CEO is to administer the day-to-day operations of the
16 Institute subject to the control of the board.
17 49. Effect of Institute being SES organisation
18 While the Institute is an SES organisation under the Public
19 Sector Management Act 1994, the CEO is --
20 (a) its chief executive officer under that Act; or
21 (b) if section 44(2) of that Act applies, its chief employee
22 under that Act.
23 50. Effect of Institute becoming non-SES organisation
24 If the Institute becomes a non-SES organisation under the
25 Public Sector Management Act 1994, the CEO is to be its chief
26 employee under that Act.
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Minerals Research Institute of Western Australia Bill 2013
Part 4 Administration
Division 2 Staff
s. 51
1 51. Appointment of CEO
2 (1) If section 49(a) applies, the CEO is to be appointed and hold
3 office under the Public Sector Management Act 1994 Part 3.
4 (2) If section 49(b) or 50 applies --
5 (a) the CEO is to be appointed by the Governor; and
6 (b) sections 52 to 57 have effect with respect to the tenure,
7 salary and conditions of service of the CEO and the
8 other matters provided for in those sections.
9 Subdivision 2 -- Provisions applying to CEO under
10 section 49(b) or 50
11 52. Term used: CEO
12 In this Subdivision --
13 CEO means a CEO to whom section 49(b) or 50 applies.
14 53. Term of office and resignation
15 (1) Subject to this Act, the CEO holds office for a term, not
16 exceeding 5 years, fixed by the instrument of appointment, and
17 is eligible for reappointment once or more than once.
18 (2) The CEO may resign office by written notice delivered to the
19 Governor.
20 54. Salary and entitlements
21 Subject to the Salaries and Allowances Act 1975, the CEO --
22 (a) is to be paid salary and allowances at such rates per
23 annum as the Minister determines on the
24 recommendation of the Public Sector Commissioner;
25 and
26 (b) has the same annual leave, personal leave and long
27 service leave entitlements as a permanent officer of the
28 Public Service.
page 22
Minerals Research Institute of Western Australia Bill 2013
Administration Part 4
Staff Division 2
s. 55
1 55. Entitlements of public service officer as CEO
2 (1) If a person occupied an office in the Public Service immediately
3 before being appointed to the office of CEO --
4 (a) the person retains existing and accruing entitlements in
5 respect of leave of absence as if service as CEO were a
6 continuation of service in the office in the Public
7 Service; and
8 (b) the person is entitled to be appointed to an office in the
9 Public Service not lower in classification and salary than
10 the office which the person occupied if --
11 (i) the person ceases to hold office as CEO on
12 completion of a periodical appointment; and
13 (ii) at that time the person is eligible to occupy an
14 office in the Public Service.
15 (2) If a person is appointed to an office in the Public Service under
16 subsection (1)(b) the person retains existing and accruing leave
17 entitlements as if service in the Public Service were a
18 continuation of service in the office of CEO.
19 56. Removal from office
20 (1) In this section --
21 misconduct includes conduct that renders the CEO unfit to hold
22 office as CEO even though the conduct does not relate to a duty
23 of the office.
24 (2) The Governor may remove the CEO from office --
25 (a) for --
26 (i) neglect of duty; or
27 (ii) misconduct or incompetence; or
28 (iii) mental or physical incapacity, other than
29 temporary illness, impairing the performance of
30 the CEO's duties;
31 or
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Minerals Research Institute of Western Australia Bill 2013
Part 4 Administration
Division 2 Staff
s. 57
1 (b) if the CEO is, according to the Interpretation Act 1984
2 section 13D, a bankrupt or a person whose affairs are
3 under insolvency laws.
4 57. Other conditions of service
5 Subject to this Subdivision, the Governor may, on the
6 recommendation of the Public Sector Commissioner, determine
7 other terms and conditions of service (if any) that apply to the
8 CEO.
9 Subdivision 3 -- Other staff
10 58. Other staff
11 (1) Public service officers may be appointed under the Public
12 Sector Management Act 1994 Part 3 to enable the Institute to
13 perform its functions.
14 (2) The Institute may, subject to any relevant written law or any
15 binding award, order or industrial agreement under the
16 Industrial Relations Act 1979, employ or engage and manage
17 staff otherwise than under the Public Sector Management
18 Act 1994 Part 3.
19 (3) This section does not detract from the power that the Public
20 Sector Management Act 1994 section 100 gives the employing
21 authority of the Institute to engage a person under a contract for
22 services or appoint a person on a casual employment basis.
23 59. Use of government staff and facilities
24 (1) The Institute may by arrangement with the relevant employing
25 authority make use, either full-time or part-time, of the services
26 of any officer or employee --
27 (a) in the Public Service; or
28 (b) in a State agency; or
29 (c) otherwise in the service of the State.
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Minerals Research Institute of Western Australia Bill 2013
Administration Part 4
Advisory committees Division 3
s. 60
1 (2) The Institute may by arrangement with --
2 (a) a department of the Public Service; or
3 (b) a State agency,
4 make use of any facilities of the department or agency.
5 (3) An arrangement under subsection (1) or (2) is to be made on
6 terms agreed to by the parties.
7 Division 3 -- Advisory committees
8 60. Advisory committees
9 (1) The Institute may --
10 (a) appoint any advisory committee it considers necessary
11 to provide advice to the Institute in relation to the
12 Institute's functions; and
13 (b) appoint the members, and determine the functions, of
14 each advisory committee; and
15 (c) discharge or alter an advisory committee.
16 (2) An advisory committee must comply with all reasonable
17 directions or requirements of the Institute, and otherwise may
18 determine its own procedures.
19 (3) An advisory committee must keep minutes of its meetings to a
20 standard approved by the Institute and provide the Institute with
21 a copy of the minutes of each meeting.
22 61. Advice of advisory committees
23 The Institute, in performing its functions, must have regard to
24 the advice provided to it by an advisory committee but does not
25 have to --
26 (a) act on or give effect to the advice; or
27 (b) wait for the advice before taking action.
page 25
Minerals Research Institute of Western Australia Bill 2013
Part 4 Administration
Division 3 Advisory committees
s. 62
1 62. Remuneration
2 (1) Members of an advisory committee are entitled to be paid out of
3 the funds of the Institute any remuneration and allowances that
4 the Minister may from time to time determine on the
5 recommendation of the Public Sector Commissioner.
6 (2) Subsection (1) has effect subject to the Salaries and Allowances
7 Act 1975, if that Act applies to the member of an advisory
8 committee.
page 26
Minerals Research Institute of Western Australia Bill 2013
Accountability and financial provisions Part 5
Accountability provisions Division 1
s. 63
1 Part 5 -- Accountability and financial provisions
2 Division 1 -- Accountability provisions
3 63. Minister may give directions
4 (1) The Minister may give written directions to the Institute with
5 respect to the performance of its functions, either generally or in
6 relation to a particular matter, and the Institute is to give effect
7 to any such direction.
8 (2) The Minister must cause the text of any direction under
9 subsection (1) to be laid before each House of Parliament, or
10 dealt with under section 73, within 14 days after the direction is
11 given.
12 (3) The text of a direction under subsection (1) is to be included in
13 the annual report submitted by the accountable authority of the
14 Institute under the Financial Management Act 2006 Part 5.
15 64. Minister to be kept informed
16 The Institute must --
17 (a) keep the Minister reasonably informed of the operations,
18 financial performance and financial position of the
19 Institute; and
20 (b) give the Minister reports and information that the
21 Minister requires for the making of informed
22 assessments of matters referred to in paragraph (a).
23 65. Minister to have access to information
24 (1) In this section --
25 document includes any tape, disk or other device or medium on
26 which information is recorded or stored mechanically,
27 photographically, electronically or otherwise;
28 information means information specified, or of a description
29 specified, by the Minister that relates to the Institute's functions.
page 27
Minerals Research Institute of Western Australia Bill 2013
Part 5 Accountability and financial provisions
Division 2 Financial provisions
s. 66
1 (2) The Minister is entitled --
2 (a) to have information in the possession of the Institute;
3 and
4 (b) if the information is in or on a document, to have, and
5 make and retain copies of, that document.
6 (3) For the purposes of subsection (2) the Minister may --
7 (a) request the Institute to give information to the Minister;
8 and
9 (b) request the Institute to give the Minister access to
10 information; and
11 (c) request the use of a staff member to obtain the
12 information and give it to the Minister.
13 (4) The Institute must comply with a request under subsection (3).
14 Division 2 -- Financial provisions
15 66. Application of Financial Management Act 2006 and Auditor
16 General Act 2006
17 The provisions of the Financial Management Act 2006 and the
18 Auditor General Act 2006 regulating the financial
19 administration, audit and reporting of statutory authorities apply
20 to and in relation to the Institute and its operations.
21 67. Institute's funds
22 (1) An account called the Minerals Research Account is established
23 for the Institute.
24 (2) The Account is an agency special purpose account under the
25 Financial Management Act 2006 section 16.
26 (3) Money received by the Institute is to be credited to, and money
27 paid by the Institute is to be debited to, the Account.
page 28
Minerals Research Institute of Western Australia Bill 2013
Accountability and financial provisions Part 5
Financial provisions Division 2
s. 68
1 (4) The funds available for the purpose of enabling the Institute to
2 perform its functions consist of money that is lawfully received
3 by, or made available to, the Institute.
4 68. Notice of financial difficulty
5 (1) The Institute must notify the Minister if it forms the opinion that
6 the Institute is unable to, or will be unlikely to be able to, satisfy
7 any of its financial obligations from the financial resources
8 available to it or likely to be available to it at the time the
9 financial obligation is due.
10 (2) The notice must be in writing, giving reasons for the Institute's
11 opinion.
12 (3) Within 7 days after receipt of the notice, the Minister must --
13 (a) confer with the Treasurer and the Institute for the
14 purpose of determining what action is required to ensure
15 that the Institute is able to satisfy the relevant financial
16 obligation when it is due; and
17 (b) initiate such action as is required to ensure that the
18 Institute is able to satisfy the relevant financial
19 obligation when it is due.
page 29
Minerals Research Institute of Western Australia Bill 2013
Part 6 Miscellaneous
s. 69
1 Part 6 -- Miscellaneous
2 69. Protection from liability for wrongdoing
3 (1) An action in tort does not lie against a person other than the
4 Institute for anything that the person has done, in good faith, in
5 the performance or purported performance of a function under
6 this Act.
7 (2) The protection given by subsection (1) applies even though the
8 thing done as described in that subsection may have been
9 capable of being done whether or not this Act had been enacted.
10 (3) Despite subsection (1), neither the Institute nor the State is
11 relieved of any liability that it might have for another person
12 having done anything as described in that subsection.
13 (4) In this section, a reference to the doing of anything includes a
14 reference to the omission to do anything.
15 70. Confidentiality of information under this Act
16 (1) Subsection (2) applies to a person --
17 (a) who is or has been a member of the board; or
18 (b) who is or has been a staff member; or
19 (c) who is or has been a member of an advisory committee.
20 (2) A person to whom this subsection applies must not, directly or
21 indirectly, record, disclose or make use of any information
22 obtained in the course of duty except --
23 (a) for the purpose of performing functions under this Act;
24 or
25 (b) as required or allowed by this Act or under another
26 written law; or
27 (c) with the written consent of the person to whom the
28 information relates; or
29 (d) for the purposes of proceedings in a court; or
page 30
Minerals Research Institute of Western Australia Bill 2013
Miscellaneous Part 6
s. 71
1 (e) in prescribed circumstances.
2 Penalty: a fine of $100 000.
3 71. Confidentiality of information under repealed Acts
4 (1) In this section --
5 repeal day means the day on which section 75 comes into
6 operation;
7 repealed 1977 Act means the Solar Energy Research Act 1977;
8 repealed 1981 Act means the Mining and Petroleum Research
9 Act 1981;
10 repealed 1987 Act means the Act repealed by section 75.
11 (2) Subsection (3) applies to a person --
12 (a) who has been a director of the Board of the Minerals
13 and Energy Research Institute of Western Australia (the
14 1987 Institute) established under the repealed 1987 Act;
15 or
16 (b) who has acted in the office of the Board Chairman or a
17 director of the 1987 Institute; or
18 (c) who has been a member, or a deputy of a member, of an
19 advisory committee established under the repealed
20 1987 Act; or
21 (d) who has been an officer or employee of the 1987
22 Institute; or
23 (e) who has rendered services to the 1987 Institute under
24 section 32 or 33 of the repealed 1987 Act; or
25 (f) to whom the 1987 Institute allocated funds to enable that
26 person to undertake or continue a particular research
27 project (within the meaning of the repealed 1987 Act) or
28 any person directing, working with or assisting that
29 person on that research project; or
30 (g) who has been a director of the Board of the Western
31 Australian Mining and Petroleum Research Institute (the
page 31
Minerals Research Institute of Western Australia Bill 2013
Part 6 Miscellaneous
s. 71
1 1981 Institute) established under the repealed 1981 Act;
2 or
3 (h) who has acted in the office of the Board Chairman or a
4 director of the 1981 Institute; or
5 (i) has been a member or a deputy of a member of the
6 Mining and Petroleum Advisory Committee established
7 under the repealed 1981 Act; or
8 (j) has been an officer or employee of the 1981 Institute; or
9 (k) has rendered services to the 1981 Institute under
10 section 29 or 30 of the repealed 1981 Act; or
11 (l) who has been the Chairman or a Director of the Solar
12 Energy Research Institute of Western Australia
13 (the 1977 Institute) established under the repealed
14 1977 Act; or
15 (m) who has acted in the office of the Chairman or a
16 Director of the Board of the 1977 Institute; or
17 (n) has been a member or a deputy of a member of the Solar
18 Energy Advisory Committee established under the
19 repealed 1977 Act; or
20 (o) has rendered services to the 1977 Institute under
21 section 29 or 30 of the repealed 1977 Act; or
22 (p) has been the liquidator holding office under
23 section 38(1) of the repealed 1977 Act as the liquidator
24 of the affairs of the 1977 Institute.
25 (3) A person to whom this subsection applies must not, directly or
26 indirectly, disclose or make use of any information obtained in
27 the course of duty except --
28 (a) as required or allowed by this Act or under another
29 written law; or
30 (b) with the written consent of the person to whom the
31 information relates; or
32 (c) for the purposes of proceedings in a court; or
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Minerals Research Institute of Western Australia Bill 2013
Miscellaneous Part 6
s. 72
1 (d) in prescribed circumstances.
2 Penalty: a fine of $100 000.
3 72. Regulations
4 (1) The Governor may make regulations prescribing all matters
5 that --
6 (a) are required or permitted by this Act to be prescribed; or
7 (b) are necessary or convenient to be prescribed for giving
8 effect to the purposes of this Act.
9 (2) Without limiting subsection (1), regulations may prescribe
10 matters for or in respect of which fees may be charged under
11 this Act and prescribe the amounts of such fees.
12 73. Laying documents before House of Parliament not sitting
13 (1) If the Minister is required under section 63(2) or 74(3) to cause
14 a document to be laid before each House of Parliament, or be
15 dealt with under this section, within a period and --
16 (a) when the Minister is ready to act, a House of Parliament
17 is not sitting; and
18 (b) the Minister is of the opinion that the House will not sit
19 during that period,
20 the Minister must transmit a copy of the document to the Clerk
21 of that House.
22 (2) A copy of a document transmitted to the Clerk of a House is
23 taken to have been laid before that House.
24 (3) The laying of a copy of a document that is regarded as having
25 occurred under subsection (2) is to be recorded in the Minutes,
26 or Votes and Proceedings, of the House on the first sitting day
27 of the House after the Clerk received the copy.
page 33
Minerals Research Institute of Western Australia Bill 2013
Part 6 Miscellaneous
s. 74
1 74. Review of Act
2 (1) The Minister must carry out a review of the operation and
3 effectiveness of this Act as soon as is practicable after the fifth
4 anniversary of the commencement of this section.
5 (2) In the course of the review the Minister must consider and have
6 regard to --
7 (a) the effectiveness of the operations of the Institute; and
8 (b) the need for the continuation of the Institute's functions;
9 and
10 (c) such other matters as appear to the Minister to be
11 relevant to the operation and effectiveness of this Act.
12 (3) The Minister must prepare a report based on that review and, as
13 soon as is practicable after the report is prepared, cause it to be
14 laid before each House of Parliament or dealt with under
15 section 73.
page 34
Minerals Research Institute of Western Australia Bill 2013
Repeal and consequential amendments Part 7
Minerals and Energy Research Act 1987 repealed Division 1
s. 75
1 Part 7 -- Repeal and consequential amendments
2 Division 1 -- Minerals and Energy Research Act 1987 repealed
3 75. Minerals and Energy Research Act 1987 repealed
4 The Minerals and Energy Research Act 1987 is repealed.
5 Division 2 -- Consequential amendments
6 76. Constitution Acts Amendment Act 1899 amended
7 (1) This section amends the Constitution Acts Amendment Act 1899.
8 (2) In Schedule V Part 3 delete the item for The Board of Directors
9 of the Minerals and Energy Research Institute of Western
10 Australia and insert:
11
12 The board of the Minerals Research Institute of Western Australia
13 established under the Minerals Research Institute of
14 Western Australia Act 2013.
15
16 77. Financial Management Act 2006 amended
17 (1) This section amends the Financial Management Act 2006.
18 (2) In Schedule 1 delete the item for Minerals and Energy Research
19 Institute of Western Australia and insert:
20
21 Minerals Research Institute of Western Australia
22
23 78. Public Sector Management Act 1994 amended
24 (1) This section amends the Public Sector Management Act 1994.
page 35
Minerals Research Institute of Western Australia Bill 2013
Part 7 Repeal and consequential amendments
Division 2 Consequential amendments
s. 78
1 (2) In Schedule 2 delete item 30 and insert:
2
30 Minerals Research Institute of Western Australia, established
under the Minerals Research Institute of Western Australia
Act 2013
3
page 36
Minerals Research Institute of Western Australia Bill 2013
Transitional and savings provisions for the Minerals and Part 8
Energy Research Act 1987
Preliminary Division 1
s. 79
1 Part 8 -- Transitional and savings provisions for the
2 Minerals and Energy Research Act 1987
3 Division 1 -- Preliminary
4 79. Terms used
5 In this Part --
6 abolished Institute means the Minerals and Energy Research
7 Institute of Western Australia established under the repealed
8 Act;
9 asset means any legal or equitable estate or interest (whether
10 present or future, whether vested or contingent and whether
11 personal or assignable) in real or personal property of any
12 description and includes any money, security, chose in action or
13 document;
14 commencement day means the day on which section 75 comes
15 into operation;
16 liability means any liability, duty or obligation whether actual,
17 contingent or prospective, liquidated or unliquidated, or whether
18 owed alone or jointly or jointly and severally with any other
19 person;
20 repealed Act means the Minerals and Energy Research
21 Act 1987 as it was in force immediately before the
22 commencement day;
23 right means any right, power, privilege or immunity whether
24 actual, prospective or contingent.
25 80. Interpretation Act 1984 not affected
26 This Part does not affect the operation of the Interpretation
27 Act 1984 Part V.
page 37
Minerals Research Institute of Western Australia Bill 2013
Part 8 Transitional and savings provisions for the Minerals and
Energy Research Act 1987
Division 2 Transfer of abolished Institute's assets, rights and liabilities
s. 81
1 Division 2 -- Transfer of abolished Institute's assets, rights
2 and liabilities
3 81. Assets, rights and liabilities
4 (1) On the commencement day --
5 (a) the assets and rights of the abolished Institute
6 immediately before that day become, by force of this
7 section, assets and rights of the Institute; and
8 (b) the liabilities of the abolished Institute immediately
9 before that day become, by force of this section,
10 liabilities of the Institute.
11 (2) On the commencement day, any account operated and
12 maintained under section 6(2)(c) of the repealed Act is to be
13 closed by the CEO and any moneys standing to the credit of that
14 account are to be credited to the Account.
15 (3) On and after the commencement day, any proceedings that
16 immediately before that day might have been brought or
17 continued by the abolished Institute may be brought or
18 continued by the Institute.
19 (4) On and after the commencement day, any remedy that
20 immediately before that day is available against or to the
21 abolished Institute is available against or to the Institute.
22 82. Investments
23 (1) The investment of any funds of the abolished Institute, that has
24 an authority under section 27 of the repealed Act that is in effect
25 immediately before the commencement day, continues to be
26 authorised as if that Act had not been repealed.
27 (2) Any funds referred to in subsection (1) that cease to be invested
28 as described in that subsection are to be credited to the Account.
page 38
Minerals Research Institute of Western Australia Bill 2013
Transitional and savings provisions for the Minerals and Part 8
Energy Research Act 1987
Transfer of CEO Division 3
s. 83
1 83. Registration of documents
2 (1) In this section --
3 relevant official means --
4 (a) the Registrar of Titles under the Transfer of Land
5 Act 1893; or
6 (b) the Registrar of Deeds and Transfers under the
7 Registration of Deeds Act 1856; or
8 (c) any other person authorised by a written law to record
9 and give effect to the registration of documents.
10 (2) The relevant officials are to take notice of this Part and are to
11 record and register in the appropriate manner the documents
12 necessary to give effect to this Part.
13 84. Exemption from State tax
14 (1) In this section --
15 state tax includes duty chargeable under the Duties Act 2008
16 and any other tax, duty, fee, levy or charge, under a law of the
17 State.
18 (2) State tax is not payable in relation to --
19 (a) anything that occurs by operation of this Part; or
20 (b) anything done (including a transaction entered into or an
21 instrument or document of any kind made, executed,
22 lodged or given) under this Part, or to give effect to this
23 Part, or for a purpose connected with or arising out of
24 giving effect to this Part.
25 Division 3 -- Transfer of CEO
26 85. Transfer of CEO
27 (1) The person who was chief executive officer of the abolished
28 Institute immediately before the commencement day continues
29 in office, under and subject to this Act and the Public Sector
30 Management Act 1994, as the CEO.
page 39
Minerals Research Institute of Western Australia Bill 2013
Part 8 Transitional and savings provisions for the Minerals and
Energy Research Act 1987
Division 4 Continuing effect of things done
s. 86
1 (2) Subject to the Public Sector Management Act 1994, the
2 employment of the CEO continues to be governed by the terms
3 and conditions of employment that applied before the
4 commencement day to that person as chief executive officer of
5 the abolished Institute.
6 (3) Except as otherwise agreed by the person referred to in
7 subsection (1), the operation of subsection (1) does not --
8 (a) affect the person's remuneration; or
9 (b) affect the person's existing or accruing rights in respect
10 of annual leave, long service leave, personal leave or
11 any other leave; or
12 (c) affect any rights under a superannuation scheme; or
13 (d) interrupt the continuity of the person's service.
14 Division 4 -- Continuing effect of things done
15 86. Completion of things commenced
16 Anything commenced by the abolished Institute before the
17 commencement day may be continued by the Institute so far as
18 the doing of that thing is within the Institute's functions.
19 87. Continuing effect of things done
20 Any act, matter or thing done or omitted to be done before the
21 commencement day by, to or in respect of the abolished
22 Institute, to the extent that it --
23 (a) has any force or significance; and
24 (b) is not governed by another provision of this Part,
25 is to be taken to have been done or omitted by, to or in respect
26 of the Institute so far as the act, matter or thing is within the
27 Institute's functions.
page 40
Minerals Research Institute of Western Australia Bill 2013
Transitional and savings provisions for the Minerals and Part 8
Energy Research Act 1987
Continuing effect of things done Division 4
s. 88
1 88. Agreements and instruments generally
2 Any agreement or instrument subsisting immediately before the
3 commencement day --
4 (a) to which the abolished Institute was a party; and
5 (b) which contains a reference to the abolished Institute,
6 has effect on and after the commencement day, to the extent to
7 which the agreement or instrument relates to the Institute's
8 functions, as if --
9 (c) the Institute were substituted for the abolished Institute
10 as a party to the agreement or instrument; and
11 (d) any reference in the agreement or instrument to the
12 abolished Institute were, unless the context otherwise
13 requires, amended to be or include a reference to the
14 Institute.
15 89. Undetermined applications for financial assistance
16 (1) In this section --
17 undetermined application for financial assistance means an
18 application for financial assistance made to the abolished
19 Institute --
20 (a) that was made before the commencement day by a
21 person undertaking or seeking to undertake a minerals
22 research project (within the meaning of the repealed
23 Act); and
24 (b) that, on the commencement day, had not been
25 determined by the abolished Institute.
26 (2) On the commencement day an undetermined application for
27 financial assistance --
28 (a) is to be taken to have been made to the Institute under
29 section 19(1) of this Act; and
30 (b) is to be dealt with by the Institute in accordance with
31 this Act.
page 41
Minerals Research Institute of Western Australia Bill 2013
Part 8 Transitional and savings provisions for the Minerals and
Energy Research Act 1987
Division 5 Other transitional provisions
s. 90
1 90. Notices served under repealed Act
2 (1) A notice served on a person under section 34(1) of the repealed
3 Act but not complied with before the commencement day is to
4 be taken to be a notice served under section 21(1) of this Act
5 and section 21 of this Act applies to and in relation to that notice
6 accordingly.
7 (2) If a notice has been served on a person under section 34(3) of
8 the repealed Act and, on the commencement day, any funds
9 provided to the person and not expended by the person have not
10 been recovered or received by the abolished Institute,
11 section 23(6) of this Act applies to the funds as if financial
12 assistance to the person had been terminated under section 23(2)
13 or (3) of this Act.
14 Division 5 -- Other transitional provisions
15 91. Transitional regulations
16 (1) If this Part does not provide sufficiently for a matter or issue of
17 a transitional nature that arises as a result of --
18 (a) the repeal of the Minerals and Energy Research
19 Act 1987 under section 75; or
20 (b) an amendment made under Part 7; or
21 (c) the enactment of this Act,
22 the Governor may make regulations (the transitional
23 regulations) prescribing all matters that are required, necessary
24 or convenient to be prescribed for dealing with the matter or
25 issue.
26 (2) The transitional regulations may provide that a specified
27 provision of this Act does not apply, or applies with specified
28 modifications, to or in relation to any matter.
29 (3) If the transitional regulations provide that a state of affairs
30 specified or described in the transitional regulations is to be
31 taken to have existed, or not to have existed, on and from a day
page 42
Minerals Research Institute of Western Australia Bill 2013
Transitional and savings provisions for the Minerals and Part 8
Energy Research Act 1987
Other transitional provisions Division 5
s. 92
1 that is earlier than the day on which the transitional regulations
2 are published in the Gazette but not earlier than the
3 commencement of this section, the transitional regulations have
4 effect according to their terms.
5 (4) If the transitional regulations contain a provision referred to in
6 subsection (3), the provision does not operate so as --
7 (a) to affect, in a manner prejudicial to any person (other
8 than the State or an authority of the State), the rights of
9 that person existing before the regulations were
10 published in the Gazette; or
11 (b) to impose liabilities on any person (other than the State
12 or an authority of the State) in respect of anything done
13 or omitted to be done before the regulations were
14 published in the Gazette.
15 92. Savings
16 The operation of any provision of this Part is not to be
17 regarded --
18 (a) as a breach of contract or confidence or otherwise as a
19 civil wrong; or
20 (b) as a breach of any contractual provision prohibiting,
21 restricting or regulating the assignment or transfer of
22 assets, rights or liabilities or the disclosure of
23 information; or
24 (c) as giving rise to any right to damages or compensation;
25 or
26 (d) as giving rise to any remedy by a party to an instrument
27 or as causing or permitting the termination of any
28 instrument, because of a change in the beneficial or legal
29 ownership of any asset, right or liability; or
30 (e) as causing any contract or instrument to be void or
31 otherwise unenforceable; or
page 43
Minerals Research Institute of Western Australia Bill 2013
Part 8 Transitional and savings provisions for the Minerals and
Energy Research Act 1987
Division 5 Other transitional provisions
s. 92
1 (f) as releasing or allowing the release of any surety.
2
page 44
Minerals Research Institute of Western Australia Bill 2013
Defined terms
Defined terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined term Provision(s)
1977 Institute ................................................................................................. 71(2)
1981 Institute ................................................................................................. 71(2)
1987 Institute ................................................................................................. 71(2)
abolished Institute ............................................................................................... 79
Account ................................................................................................................. 3
advisory committee ............................................................................................... 3
asset .................................................................................................................... 79
board ..................................................................................................................... 3
business arrangement ..................................................................................... 11(1)
CEO ................................................................................................................ 3, 52
chairperson ............................................................................................................ 3
commencement day ............................................................................................ 79
deputy chairperson .............................................................................................. 25
document........................................................................................................ 65(1)
information .................................................................................................... 65(1)
Institute ................................................................................................................. 3
liability ................................................................................................................ 79
member ................................................................................................................. 3
mineral .................................................................................................................. 3
minerals research .................................................................................................. 3
misconduct .................................................................................................... 30(1)
misconduct ..................................................................................................... 56(1)
participate ..................................................................................................... 11(1)
proposed revised plan ......................................................................................... 15
public authority .............................................................................................. 11(1)
relevant official .............................................................................................. 83(1)
repeal day ....................................................................................................... 71(1)
repealed 1977 Act .......................................................................................... 71(1)
repealed 1981 Act .......................................................................................... 71(1)
repealed 1987 Act .......................................................................................... 71(1)
repealed Act ........................................................................................................ 79
right ..................................................................................................................... 79
specified ......................................................................................................... 23(1)
staff member ......................................................................................................... 3
state tax .......................................................................................................... 84(1)
transitional regulations ................................................................................... 91(1)
unable to act ........................................................................................................ 25
undetermined application for financial assistance ......................................... 89(1)
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