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


STATUTES (REPEALS AND MISCELLANEOUS AMENDMENTS) BILL 2008

                      Western Australia


      Statutes (Repeals and Miscellaneous
            Amendments) Bill 2008

                         CONTENTS


         Part 1 -- Preliminary
1.       Short title                                         2
2.       Commencement                                        2
         Part 2 -- Repeals
         Division 1 -- Repeals without consequential
                amendments
3.       Various Acts repealed                               3
         Division 2 -- Companies legislation repealed
                and consequential amendments
4.       Acts repealed                                       3
5.       Bills of Sale Act 1899 amended                      4
6.       Companies (Administration) Act 1982 amended         4
7.       Evidence Act 1906 amended                           4
8.       Mining Act 1978 amended                             5
9.       Supreme Court Act 1935 amended                      5
10.      Transfer of Land Act 1893 amended                   6
11.      Unclaimed Money Act 1990 amended                    6
         Division 3 -- Public Institutions and Friendly
                Societies Lands Improvement Act 1892
                repealed and consequential amendments
12.      Public Institutions and Friendly Societies Lands
         Improvement Act 1892 repealed                       6
13.      Hospitals and Health Services Act 1927 amended      6
14.      Pharmacy Act 1964 amended                           7




                           013--1                            page i
Statutes (Repeals and Miscellaneous Amendments) Bill 2008



Contents



             Part 3 -- Amendments
      15.    Acts Amendment (Equality of Status) Act 2003
             amended                                              8
      16.    Acts Amendment (Federal Courts and Tribunals)
             Act 2001 amended                                     8
      17.    Acts Amendment (Lesbian and Gay Law Reform)
             Act 2002 amended                                     8
      18.    Adoption Act 1994 amended                            8
      19.    Agricultural and Veterinary Chemicals (Western
             Australia) Act 1995 amended                         10
      20.    Agricultural Practices (Disputes) Act 1995
             amended                                             11
      21.    Architects Act 2004 amended                         11
      22.    Art Gallery Act 1959 amended                        12
      23.    Bank Mergers Act 1997 amended                       12
      24.    Bank of Western Australia Act 1995 amended          12
      25.    Betting Control Act 1954 amended                    12
      26.    Caravan Parks and Camping Grounds Act 1995
             amended                                             12
      27.    Cemeteries Act 1986 amended                         13
      28.    Charitable Collections Act 1946 amended             13
      29.    Consequential amendment to Pawnbrokers and
             Second-hand Dealers Regulations 1996                14
      30.    Chattel Securities Act 1987 amended                 14
      31.    Child Welfare Amendment Act 1990 amended            14
      32.    Children and Community Services Act 2004
             amended                                             14
      33.    Civil Liability Act 2002 amended                    15
      34.    Conservation and Land Management Act 1984
             amended                                             15
      35.    Conservation and Land Management Amendment
             Act 1991 amended                                    16
      36.    Conspiracy and Protection of Property Act of 1900
             amended                                             16
      37.    Constitution Acts Amendment Act 1899 amended        16
      38.    Construction Contracts Act 2004 amended             17
      39.    Construction Industry Portable Paid Long Service
             Leave Act 1985 amended                              17
      40.    Control of Vehicles (Off-road Areas) Act 1978
             amended                                             17


page ii
      Statutes (Repeals and Miscellaneous Amendments) Bill 2008



                                                          Contents



41.   Corruption and Crime Commission Act 2003
      amended                                               18
42.   Country Areas Water Supply Act 1947 amended           19
43.   Court Security and Custodial Services Act 1999
      amended                                               20
44.   Credit Act 1984 amended                               20
45.   Curriculum Council Act 1997 amended                   20
46.   Dampier to Bunbury Pipeline Act 1997 amended          21
47.   Dog Act 1976 amended                                  21
48.   Economic Regulation Authority Act 2003 amended        21
49.   Electricity Act 1945 amended                          22
50.   Electricity Corporations Act 2005 amended             22
51.   Employment Agents Act 1976 amended                    23
52.   Energy Coordination Act 1994 amended                  23
53.   Environmental Protection Act 1986 amended             24
54.   Environmental Protection Amendment Act 2003
      amended                                               24
55.   Exotic Diseases of Animals Act 1993 amended           25
56.   Fair Trading Act 1987 amended                         25
57.   Fire and Emergency Services Authority of Western
      Australia Act 1998 amended                            25
58.   Firearms Act 1973 amended                             25
59.   Firearms Amendment Act 2004 amended                   25
60.   Fish Resources Management Act 1994 amended            26
61.   Fisheries Adjustment Schemes Act 1987 amended         26
62.   Forest Products Act 2000 amended                      26
63.   Gaming and Wagering Commission Act 1987
      amended                                               27
64.   Gas Pipelines Access (Western Australia) Act 1998
      amended                                               27
65.   Gold Corporation Act 1987 amended                     27
66.   Governor's Establishment Act 1992 amended             28
67.   Grain Marketing Act 2002 amended                      28
68.   Guardianship and Administration Act 1990
      amended                                               28
69.   Hairdressers Registration Act 1946 amended            29
70.   Hairdressers Registration Act 1946: proclamations
      revoked                                               29
71.   Health Act 1911 amended                               29
72.   Health Amendment Act 1987 amended                     30


                                                           page iii
Statutes (Repeals and Miscellaneous Amendments) Bill 2008



Contents



      73.    Health Services (Conciliation and Review)
             Act 1995 amended                                        31
      74.    Hire-Purchase Act 1959 amended                          31
      75.    Home Building Contracts Act 1991 amended                31
      76.    Human Reproductive Technology Act 1991
             amended                                                 32
      77.    Industrial Relations Act 1979 amended                   32
      78.    Inspector of Custodial Services Act 2003 amended        33
      79.    Insurance Commission of Western Australia
             Act 1986 amended                                        34
      80.    Iron Ore (Marillana Creek) Agreement Act 1991
             amended                                                 35
      81.    Jetties Act 1926 amended                                35
      82.    Jurisdiction of Courts (Cross-vesting) Act 1987
             amended                                                 36
      83.    Land Administration Act 1997 amended                    36
      84.    Law Reform (Miscellaneous Provisions) Act 1941
             amended                                                 36
      85.    Legal Practitioners Act Amendment Act 1944
             amended                                                 37
      86.    Litter Act 1979 amended                                 37
      87.    Local Government Act 1995 amended                       37
      88.    Local Government Amendment Act 2004 amended             38
      89.    Lotteries Commission Act 1990 amended                   38
      90.    Maritime Archaeology Act 1973 amended                   38
      91.    Metric Conversion Act 1972 amended                      38
             7.       Power to amend subsidiary legislation     39
      92.    Mine Workers' Relief Act 1932 amended                   39
      93.    Mining Amendment Act 1996 amended                       39
      94.    Motor Vehicle Dealers Act 1973 amended                  40
      95.    National Environment Protection Council
             (Western Australia) Act 1996 amended                    40
      96.    National Trust of Australia (W.A.) Act 1964
             amended                                                 40
      97.    Painters' Registration Act 1961 amended                 40
      98.    Parks and Reserves Act 1895 amended                     41
      99.    Perth Theatre Trust Act 1979 amended                    41
      100.   Planning and Development Act 2005 amended               41
      101.   Poisons Act 1964 amended                                42
      102.   Port Authorities Act 1999 amended                       43
      103.   Public and Bank Holidays Act 1972 amended               43

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       Statutes (Repeals and Miscellaneous Amendments) Bill 2008



                                                         Contents



104.   Public Interest Disclosure Act 2003 amended         44
105.   Queen Elizabeth II Medical Centre Act 1966
       amended                                             44
106.   Racing and Wagering Western Australia Act 2003
       amended                                             44
107.   Radiation Safety Act 1975 amended                   45
108.   Real Property (Foreign Governments) Act 1951
       amended                                             45
109.   Referendums Act 1983 amended                        45
110.   Retirement Villages Act 1992 amended                46
111.   Road Traffic Amendment (Vehicle Licensing)
       (Taxing) Act 2001 amended                           46
112.   Road Traffic Amendment Act (No. 2) 1987
       amended                                             46
113.   Rural Business Development Corporation
       Act 2000 amended                                    46
114.   Salaries and Allowances Act 1975 amended            47
115.   Sentencing Act 1995 amended                         47
116.   Sentencing Legislation Amendment and Repeal
       Act 2003 amended                                    47
117.   Settlement Agents Act 1981 amended                  48
118.   Sports Drug Testing Act 2001 amended                48
119.   Stamp Act 1921 amended                              49
120.   State Administrative Tribunal Act 2004 amended      49
121.   Statutory Corporations (Liability of Directors)
       Act 1996 amended                                    49
122.   Surveillance Devices Act 1998 amended               49
123.   Swan Valley Planning Legislation Amendment
       Act 2006 amended                                    50
124.   Taxation (Staff Arrangements) Act 1969 amended      50
125.   Travel Agents Act 1985 amended                      50
126.   Trustees Act 1962 amended                           50
127.   University Colleges Act 1926 amended                51
128.   Valuation of Land Act 1978 amended                  51
129.   Veterinary Surgeons Act 1960 amended                51
130.   Video Tapes Classification and Control
       Amendment Act 1991 amended                          51
131.   Water Boards Act 1904 amended                       52
132.   Water Corporation Act 1995 amended                  52
133.   Water Services Licensing Act 1995 amended           53


                                                          page v
Statutes (Repeals and Miscellaneous Amendments) Bill 2008



Contents



      134.   Western Australian Coastal Shipping Commission
             Act 1965 amended                                  54
      135.   Western Australian College of Teaching Act 2004
             amended                                           54
      136.   Western Australian Land Authority Act 1992
             amended                                           54
      137.   Western Australian Marine Act 1982 amended        55
      138.   Western Australian Treasury Corporation
             Act 1986 amended                                  55
      139.   Workers' Compensation and Injury Management
             Act 1981 amended                                  56
      140.   Working with Children (Criminal Record
             Checking) Act 2004 amended                        57
      141.   Zoological Parks Authority Act 2001 amended       58




page vi
                           Western Australia


                      LEGISLATIVE COUNCIL



         Statutes (Repeals and Miscellaneous
               Amendments) Bill 2008


                               A Bill for


An Act to amend the statute law by --
•  repealing various Acts; and
•  making minor amendments to various other written laws,
and for related purposes.




The Parliament of Western Australia enacts as follows:




                                                           page 1
    Statutes (Repeals and Miscellaneous Amendments) Bill 2008
    Part 1          Preliminary

    s. 1



                           Part 1 -- Preliminary
    1.       Short title
             This is the Statutes (Repeals and Miscellaneous
             Amendments) Act 2008.

5   2.       Commencement
             This Act comes into operation as follows --
              (a) Part 1 -- on the day on which this Act receives the
                    Royal Assent;
              (b) the rest of the Act -- on the day after that day.




    page 2
                     Statutes (Repeals and Miscellaneous Amendments) Bill 2008
                                                         Repeals        Part 2
                        Repeals without consequential amendments   Division   1
                                                                           s. 3



                               Part 2 -- Repeals
          Division 1 -- Repeals without consequential amendments
     3.       Various Acts repealed
              These Acts are repealed:
 5             (a) Land Act Amendment Act 1928;
               (b)     Life Assurance Companies Act 1889;
               (c)     Sailors and Soldiers' Scholarship Fund Act 1938;
               (d)     The Bankruptcy Act 1892.

             Division 2 -- Companies legislation repealed and
10                      consequential amendments
     4.       Acts repealed
              These Acts are repealed:
               (a) Companies Act 1961;
               (b) Companies (Acquisition of Shares) (Application of
15                   Laws) Act 1981;
               (c) Companies (Application of Laws) Act 1981;
               (d) Companies and Securities (Interpretation and
                     Miscellaneous Provisions) (Application of Laws)
                     Act 1981;
20             (e) Futures Industry (Application of Laws) Act 1986;
                (f) Marketable Securities Transfer Act 1970;
               (g) Securities Industry Act 1975;
               (h) Securities Industry (Application of Laws) Act 1981;
                (i) Securities Industry (Release of Sureties) Act 1977;




                                                                          page 3
     Statutes (Repeals and Miscellaneous Amendments) Bill 2008
     Part 2          Repeals
     Division 2      Companies legislation repealed and consequential
                     amendments
     s. 5


                   (j)   Companies Act (Interstate Corporate Affairs
                         Commission) Amendment Act 1975.
            [Note: The repeal of the Acts referred to in paragraphs (b) to (e) and (h) will
                   terminate the following Codes --
 5                 •     Companies (Western Australia) Code;
                   •     Futures Industry (Western Australia) Code;
                   •     Securities Industry (Western Australia) Code;
                   •     Companies (Acquisition of Shares) (Western Australia) Code;
                   •     Companies and Securities (Interpretation and Miscellaneous
10                      Provisions) (Western Australia) Code.]

     5.         Bills of Sale Act 1899 amended
          (1)   This section amends the Bills of Sale Act 1899.
          (2)   Delete section 3(2) and (3).

     6.         Companies (Administration) Act 1982 amended
15        (1)   This section amends the Companies (Administration) Act 1982.
          (2)   In the long title delete "to establish the Companies Auditors
                and Liquidators Disciplinary Board,".
          (3)   Delete sections 13 and 14.

     7.         Evidence Act 1906 amended
20        (1)   This section amends the Evidence Act 1906.
          (2)   In section 79(1):
                  (a) delete "Kingdom or in any State or Territory of the
                        Commonwealth," and insert:

25                       Kingdom,

                  (b)    in paragraph (a) delete "Ireland, or in that State or
                         Territory; or" and insert:

30                       Ireland; or


     page 4
                    Statutes (Repeals and Miscellaneous Amendments) Bill 2008
                                                          Repeals      Part 2
                  Companies legislation repealed and consequential Division  2
                                                      amendments
                                                                          s. 8


                 (c)   in paragraph (b) delete "peace of such State or
                       Territory," and insert:

                       peace,
 5

          (3)   In section 79(2) delete the passage that begins with "or in any
                State" and ends with "any such office".
          (4)   In section 79(3):
                  (a) delete paragraph (a) and "and" after it;
10                (b) in paragraph (b) delete "or in any State or Territory of
                        the Commonwealth";
                  (c) in paragraph (b) delete "Act 1982, the Companies
                        Act 1961," and insert:

15                     Act 1982


     8.         Mining Act 1978 amended
          (1)   This section amends the Mining Act 1978.
          (2)   In section 101(1):
20                (a) delete "Law, the Companies (Western Australia) Code
                        or the Companies Act 1961," and insert:

                       Law

25               (b)   delete "section 371(2) of that Code or of section 230(3)
                       of that Act,".

     9.         Supreme Court Act 1935 amended
          (1)   This section amends the Supreme Court Act 1935.
          (2)   Delete section 11E(2)(b).


                                                                           page 5
     Statutes (Repeals and Miscellaneous Amendments) Bill 2008
     Part 2          Repeals
     Division 3      Public Institutions and Friendly Societies Lands Improvement
                     Act 1892 repealed and consequential amendments
     s. 10


     10.         Transfer of Land Act 1893 amended
           (1)   This section amends the Transfer of Land Act 1893.
           (2)   In section 143(1):
                   (a) after "duplicate," insert:
 5
                         or

                  (b)    delete the passage that begins with "Act 1896, or a
                         copy" and ends with "previous enactment with" and
10                       insert:

                         Act 1896 with


     11.         Unclaimed Money Act 1990 amended
15         (1)   This section amends the Unclaimed Money Act 1990.
           (2)   Delete section 9(1)(n), (o), (p) and (q).

      Division 3 -- Public Institutions and Friendly Societies Lands
     Improvement Act 1892 repealed and consequential amendments
     12.         Public Institutions and Friendly Societies Lands Improvement
20               Act 1892 repealed
                 These Acts are repealed:
                  (a) Public Institutions and Friendly Societies Lands
                        Improvement Act 1892;
                  (b) Public Institutions and Friendly Societies Lands
25                      Improvement Act 1892, Amendment Act 1893.

     13.         Hospitals and Health Services Act 1927 amended
           (1)   This section amends the Hospitals and Health Services
                 Act 1927.


     page 6
                     Statutes (Repeals and Miscellaneous Amendments) Bill 2008
                                                           Repeals      Part 2
      Public Institutions and Friendly Societies Lands Improvement Division   3
                Act 1892 repealed and consequential amendments
                                                                          s. 14


           (2)    Delete section 17(1).
           (3)    In section 17(2a) after "incidental thereto," insert:

                  or the improvement of any land held by the board,
 5

     14.          Pharmacy Act 1964 amended
           (1)    This section amends the Pharmacy Act 1964.
           (2)    Delete section 8(3).
           (3)    After section 9(1) insert:
10

                 (1A)   The Council may, with the approval of the
                        Governor --
                         (a) borrow money for the purpose of erecting,
                              altering or adding to any building on, or
15                            otherwise improving, land held by the Council;
                              and
                         (b) mortgage land held by the Council as security
                              for any such borrowing.




                                                                          page 7
     Statutes (Repeals and Miscellaneous Amendments) Bill 2008
     Part 3          Amendments

     s. 15



                             Part 3 -- Amendments
     15.         Acts Amendment (Equality of Status) Act 2003 amended
           (1)   This section amends the Acts Amendment (Equality of Status)
                 Act 2003.
 5         (2)   Delete Part 64.

     16.         Acts Amendment (Federal Courts and Tribunals) Act 2001
                 amended
           (1)   This section amends the Acts Amendment (Federal Courts and
                 Tribunals) Act 2001.
10         (2)   Delete Part 9.

     17.         Acts Amendment (Lesbian and Gay Law Reform) Act 2002
                 amended
           (1)   This section amends the Acts Amendment (Lesbian and Gay
                 Law Reform) Act 2002.
15         (2)   Delete section 88(3)(c).

     18.         Adoption Act 1994 amended
           (1)   This section amends the Adoption Act 1994.
           (2)   In section 42(2) delete "Director-General" and insert:

20               CEO

           (3)   In section 52(1):
                   (a) delete paragraph (a)(iii) and insert:

25                                (iii)   satisfies the age differential requirement
                                          set out in subsection (3);



     page 8
                   Statutes (Repeals and Miscellaneous Amendments) Bill 2008
                                                  Amendments          Part 3

                                                                            s. 18



            (b)      delete paragraph (a)(iiia) to (iiie) and "or" after
                     subparagraph (iiid);
             (c)     after each of paragraphs (a) to (c), paragraph (a)(i) to
                     (va) and paragraph (c)(i) insert:
 5
                     and

     (4)   In section 52(2) delete "affected by any provision of, and" and
           insert:
10

           affected, and

     (5)   After section 52(2) insert:

15         (3)      For the purposes of subsection (1)(a)(iii) the age
                    differential requirement is that the prospective adoptive
                    parent --
                      (a) is not more than 45 years older than the child in
                            the case where the prospective adoptive parent
20                          is the younger of prospective joint adoptive
                            parents who, as a couple, have not adopted a
                            child before; or
                      (b) is not more than 50 years older than the child in
                            the case where the prospective adoptive parent
25                          is the older of prospective joint adoptive
                            parents who, as a couple, have not adopted a
                            child before; or
                      (c) is not more than 50 years older than the child in
                            the case where the prospective adoptive parent
30                          is the younger of prospective joint adoptive
                            parents who, as a couple, have adopted a child
                            before; or



                                                                          page 9
     Statutes (Repeals and Miscellaneous Amendments) Bill 2008
     Part 3          Amendments

     s. 19



                         (d)   is not more than 55 years older than the child in
                               the case where the prospective adoptive parent
                               is the older of prospective joint adoptive
                               parents who, as a couple, have adopted a child
 5                             before; or
                         (e)   is not more than 45 years older than the child in
                               the case where the prospective adoptive parent
                               is a prospective sole adoptive parent and has
                               not adopted a child before (whether as a joint or
10                             sole adoptive parent); or
                         (f)   is not more than 50 years older than the child in
                               the case where the prospective adoptive parent
                               is a prospective sole adoptive parent and has
                               adopted a child before (whether as a joint or
15                             sole adoptive parent).

     19.         Agricultural and Veterinary Chemicals (Western Australia)
                 Act 1995 amended
           (1)   This section amends the Agricultural and Veterinary Chemicals
20               (Western Australia) Act 1995.
           (2)   In section 3 delete the definition of NRA.
           (3)   In section 3 insert in alphabetical order:

                       APVMA means the Australian Pesticides and
25                     Veterinary Medicines Authority continued in existence
                       by the Agricultural and Veterinary Chemicals
                       (Administration) Act section 6;

           (4)   In the provisions listed in the Table delete "NRA" (each
30               occurrence) and insert:

                 APVMA




     page 10
                      Statutes (Repeals and Miscellaneous Amendments) Bill 2008
                                                     Amendments          Part 3

                                                                                           s. 20



                                                Table
       s. 16(2)                                      s. 21(1) and (2)

       s. 22(1) and (2)                              s. 23

       s. 24                                         s. 28(1)

       s. 30                                         s. 31(1)(c), (d)(i), (e)(i), (f),
                                                     (g)(i) and (2)

                 Notes:

                 1.       The heading to amended section 21 is to read:

                          Conferral of functions and powers on APVMA
5                2.       The heading to amended section 30 is to read:

                          Documents or substances held by previous registering
                          authority may be given to APVMA

     20.         Agricultural Practices (Disputes) Act 1995 amended
           (1)   This section amends the Agricultural Practices (Disputes)
10               Act 1995.
           (2)   In section 3 in the definition of rural land delete "defined the"
                 and insert:

                 defined in the
15

     21.         Architects Act 2004 amended
           (1)   This section amends the Architects Act 2004.
           (2)   In section 58(2) delete "2003." and insert:

20               2004.




                                                                                         page 11
     Statutes (Repeals and Miscellaneous Amendments) Bill 2008
     Part 3          Amendments

     s. 22



     22.         Art Gallery Act 1959 amended
           (1)   This section amends the Art Gallery Act 1959.
           (2)   In section 20A(5) delete "as Treasurer" and insert:

 5               as the Treasurer


     23.         Bank Mergers Act 1997 amended
           (1)   This section amends the Bank Mergers Act 1997.
           (2)   In section 3 in the definition of bank delete "of a an ADI" and
10               insert:

                 of an ADI


     24.         Bank of Western Australia Act 1995 amended
15         (1)   This section amends the Bank of Western Australia Act 1995.
           (2)   Delete section 11.
     25.         Betting Control Act 1954 amended
           (1)   This section amends the Betting Control Act 1954.
           (2)   In section 20(3)(e) delete "(ii) the RWWA Act" and insert:
20
                               (iii)   the RWWA Act


     26.         Caravan Parks and Camping Grounds Act 1995 amended
           (1)   This section amends the Caravan Parks and Camping Grounds
25               Act 1995.
           (2)   Delete section 34(1) and (2).
           (3)   Delete Schedule 2 item 3.

     page 12
                         Statutes (Repeals and Miscellaneous Amendments) Bill 2008
                                                        Amendments          Part 3

                                                                                   s. 27



     27.         Cemeteries Act 1986 amended
           (1)   This section amends the Cemeteries Act 1986.
           (2)   In section 39 delete "redevelops portion" and insert:

 5               redevelops a portion

     28.         Charitable Collections Act 1946 amended
           (1)   This section amends the Charitable Collections Act 1946.
           (2)   In section 6(1):
10                 (a) delete "(i) the holder" and insert:

                           (e)    the holder

                   (b)     delete "(ii) a member" and insert:
15
                            (f)   a member

                   (c)     delete "(iii) authorised to" and insert:

20                         (g)    authorised to

           (3)   In section 6(3) delete "subsection (1)(i), (ii) or (iii)," and insert:

                 subsection (1)(e), (f) or (g),
25

           (4)   In section 13(2) delete "of opinion --" and insert:

                 of the opinion --




                                                                               page 13
     Statutes (Repeals and Miscellaneous Amendments) Bill 2008
     Part 3          Amendments

     s. 29



     29.         Consequential amendment to Pawnbrokers and Second-hand
                 Dealers Regulations 1996
           (1)   This section amends the Pawnbrokers and Second-hand Dealers
                 Regulations 1996.
 5         (2)   In regulation 5(1) in the Table in item 3 delete "paragraph (i),
                 (ii) or (iii) of section 6(1)" and insert:

                 section 6(1)(e), (f) or (g)


10   30.         Chattel Securities Act 1987 amended
           (1)   This section amends the Chattel Securities Act 1987.
           (2)   In section 24(3)(b) delete "to be" (first occurrence).

     31.         Child Welfare Amendment Act 1990 amended
           (1)   This section amends the Child Welfare Amendment Act 1990.
15         (2)   Delete section 9.

     32.         Children and Community Services Act 2004 amended
           (1)   This section amends the Children and Community Services
                 Act 2004.
           (2)   In section 3 insert in alphabetical order:
20
                       judge means a judge of the Court;

           (3)   In the provisions listed in the Table before "magistrate" (each
                 occurrence) insert:
25

                 judge or




     page 14
                        Statutes (Repeals and Miscellaneous Amendments) Bill 2008
                                                       Amendments          Part 3

                                                                                     s. 33



                                           Table
       s. 34(1) and (3)                         s. 35(1) and (3)

       s. 52(2) and (4)                         s. 85(1) and (3)

       s. 86(1) and (3)                         s. 120(4), (5), (6), (7), (8), (9)
                                                and (10)

       s. 135(3) and (5)                        s. 136(4)(a) and (5)

           (4)   Delete Schedule 2 clause 25.

     33.         Civil Liability Act 2002 amended
           (1)   This section amends the Civil Liability Act 2002.
 5         (2)   In section 4(2):
                   (a) in paragraph (a) delete "Wage Cost Index," and insert:

                                Labour Price Index (formerly known as the
                                Wage Cost Index),
10
                  (b)     in paragraph (a) delete "the WCI " and insert:

                          the LPI

15         (3)   In section 4(2)(b) delete "WCI" and insert:

                 LPI


     34.         Conservation and Land Management Act 1984 amended
20         (1)   This section amends the Conservation and Land Management
                 Act 1984.



                                                                                page 15
     Statutes (Repeals and Miscellaneous Amendments) Bill 2008
     Part 3          Amendments

     s. 35



           (2)   Delete section 131A(3) and insert:

                 (3)   A copy of a direction transmitted to the Clerk of a
                       House is taken to have been laid before that House.
 5

           (3)   In section 131A(4) delete "regarded as having occurred under
                 subsection (3)(a)" and insert:

                 taken to have occurred under subsection (3)
10

     35.         Conservation and Land Management Amendment Act 1991
                 amended
           (1)   This section amends the Conservation and Land Management
                 Amendment Act 1991.
15         (2)   Delete section 51.
           (3)   Delete the Schedule items 1, 2 and 6.

     36.         Conspiracy and Protection of Property Act of 1900 amended
           (1)   This section amends the Conspiracy and Protection of Property
                 Act of 1900.
20         (2)   In section 6 delete "either".

     37.         Constitution Acts Amendment Act 1899 amended
           (1)   This section amends the Constitution Acts Amendment Act 1899.
           (2)   In section 51 delete "or other the order" and insert:

25               or any other order




     page 16
                     Statutes (Repeals and Miscellaneous Amendments) Bill 2008
                                                    Amendments          Part 3

                                                                              s. 38



     38.         Construction Contracts Act 2004 amended
           (1)   This section amends the Construction Contracts Act 2004.
           (2)   In section 33(1)(b) delete "Supreme Court Act 1935
                 section 142," and insert:
 5

                 Civil Judgments Enforcement Act 2004 section 8(1)(a),

           (3)   In section 39(2) delete "Supreme Court Act 1935 section 142"
                 and insert:
10

                 Civil Judgments Enforcement Act 2004 section 8(1)(a)

           (4)   In Schedule 1 clause 8(3) delete "Supreme Court Act 1935
                 section 142." and insert:
15

                 Civil Judgments Enforcement Act 2004 section 8(1)(a).


     39.         Construction Industry Portable Paid Long Service Leave
                 Act 1985 amended
20         (1)   This section amends the Construction Industry Portable Paid
                 Long Service Leave Act 1985.
           (2)   In section 6(1)(b) delete "The Confederation of Western
                 Australian Industry (Incorporated); and" and insert:

25                             the Chamber of Commerce and Industry of
                               Western Australia (Inc); and


     40.         Control of Vehicles (Off-road Areas) Act 1978 amended
           (1)   This section amends the Control of Vehicles (Off-road Areas)
30               Act 1978.

                                                                            page 17
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     s. 41



           (2)   In section 3(1) after the definition of road delete "and".
     41.         Corruption and Crime Commission Act 2003 amended
           (1)   This section amends the Corruption and Crime Commission
                 Act 2003.
 5         (2)   In section 27A(3) delete "of Part 2".
           (3)   In section 27B(1):
                   (a) in paragraph (a) delete "paragraph (a)," and insert:

                         section 27A(1)(a),
10
                  (b)    in paragraph (b) delete "paragraph (b)," and insert:

                         section 27A(1)(b),

15         (4)   In section 67(1) delete "this Part -- " and insert:

                 this Division --

           (5)   In section 102 delete "this Part --" and insert:
20

                 this Division --

           (6)   In section 145(1) delete "a Commission" and insert:

25               the Commission

           (7)   In section 150(2) delete "either or both" and insert:

                 any or all
30


     page 18
                         Statutes (Repeals and Miscellaneous Amendments) Bill 2008
                                                        Amendments          Part 3

                                                                                    s. 42



           (8)   In section 158(b) delete "this section," and insert:

                 section 94 or 95,

 5         (9)   In Schedule 1 clause 1 in the item relating to section 393 of The
                 Criminal Code after "imprisonment for" insert:

                 10 years or


10   42.         Country Areas Water Supply Act 1947 amended
           (1)   This section amends the Country Areas Water Supply Act 1947.
           (2)   In section 12:
                   (a)     delete "health district constituted under" and insert:

15                         district for the purposes of

                   (b)     delete "such district under that Act." and insert:

                           that district.
20

           (3)   In section 12E(3) delete "determined at the time at which the
                 claim for compensation is made in respect of judgment debts
                 pursuant to section 142 of the Supreme Court Act 1935." and
                 insert:
25
                          prescribed under section 8(1)(a) of the Civil Judgments
                          Enforcement Act 2004 at the time at which the claim
                          for compensation is made.




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     s. 43



           (4)   In section 81 delete "recoverable action" and insert:

                 recoverable by action


 5   43.         Court Security and Custodial Services Act 1999 amended
           (1)   This section amends the Court Security and Custodial Services
                 Act 1999.
           (2)   In section 25(1) in the definition of justice officer after each of
                 paragraphs (a) to (e) insert:
10

                 or


     44.         Credit Act 1984 amended
           (1)   This section amends the Credit Act 1984.
15         (2)   Delete section 91(3).

     45.         Curriculum Council Act 1997 amended
           (1)   This section amends the Curriculum Council Act 1997.
           (2)   In section 6(2)(f):
                   (a) in subparagraphs (i) and (ii) after "officer of " insert:
20
                         the

                  (b)    in subparagraph (v) delete "the University" and insert:

25                       The University




     page 20
                       Statutes (Repeals and Miscellaneous Amendments) Bill 2008
                                                      Amendments          Part 3

                                                                                    s. 46



     46.         Dampier to Bunbury Pipeline Act 1997 amended
           (1)   This section amends the Dampier to Bunbury Pipeline Act 1997.
           (2)   In Schedule 2 clause 5(2) delete "determined under section 142 of
                 the Supreme Court Act 1935 in respect of judgment debts that
 5               applies" and insert:

                        prescribed under section 8(1)(a) of the Civil Judgments
                        Enforcement Act 2004


10   47.         Dog Act 1976 amended
           (1)   This section amends the Dog Act 1976.
           (2)   In section 33G(6)(a)(i) delete "Local Court;" and insert:

                 State Administrative Tribunal;
15

           (3)   In section 33J(c) delete "the the" and insert:

                 the


20   48.         Economic Regulation Authority Act 2003 amended
           (1)   This section amends the Economic Regulation Authority
                 Act 2003.
           (2)   Delete section 60(2) and insert:

25               (2)    A copy of a document transmitted to the Clerk of a
                        House is taken to have been laid before that House.




                                                                                  page 21
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     s. 49



           (3)   In section 60(3) delete "regarded as having occurred under
                 subsection (2)(a)" and insert:

                 taken to have occurred under subsection (2)
 5

     49.         Electricity Act 1945 amended
           (1)   This section amends the Electricity Act 1945.
           (2)   In section 32(3)(f) delete "and powers," and insert:

10               and powers),


     50.         Electricity Corporations Act 2005 amended
           (1)   This section amends the Electricity Corporations Act 2005.
           (2)   After section 37(3) insert:
15

                 (4)   If --
                          (a)   the sources of energy used to generate
                                electricity are a combination of renewable
                                sources and diesel or renewable sources and
20                              gas; and
                         (b)    the renewable sources comprise a substantial
                                proportion of those sources of energy,
                       then for the purposes of subsection (2) the electricity is
                       taken to be generated from renewable sources.
25

           (3)   In Schedule 5 clause 21(2)(a):
                   (a) after subparagraph (i) delete "and";
                   (b) delete subparagraph (ii).



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                       Statutes (Repeals and Miscellaneous Amendments) Bill 2008
                                                      Amendments          Part 3

                                                                                s. 51



     51.         Employment Agents Act 1976 amended
           (1)   This section amends the Employment Agents Act 1976.
           (2)   In section 25(4) delete "licence to the in accordance" and insert:

 5               licence in accordance

           (3)   In section 31(b) delete the phrase that begins with "of the
                 Commissioner" and ends with "shall be" and insert:

10                             of the Commissioner or a person appointed by
                               the Commissioner shall be

           (4)   In section 40 delete "the the" and insert:

15               the


     52.         Energy Coordination Act 1994 amended
           (1)   This section amends the Energy Coordination Act 1994.
           (2)   In section 11L(2):
20                 (a) after paragraph (a) insert "and";
                   (b) delete paragraph (b) and insert:

                         (b)   in the case of an application for a trading
                               licence, the methods or principles that the
25                             applicant proposes to apply in determining its
                               prices or charges; and




                                                                           page 23
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     s. 53



           (3)   In Schedule 1A:
                   (a) delete paragraph (k) and insert:

                         (k)   if the licence is a trading licence, specifying any
 5                             limitation on the capacity of the parties by express
                               agreement to exclude, modify or restrict the terms
                               and conditions of the customer contract; and

                  (b)   after each of paragraphs (a) to (j) and (l), paragraph (j)(i)
10                      and paragraph (n)(i) to (iv) insert:

                        and


     53.         Environmental Protection Act 1986 amended
15         (1)   This section amends the Environmental Protection Act 1986.
           (2)   In section 3(1) in the definition of scheme Act delete "means"
                 and insert:

                 means the
20

     54.         Environmental Protection Amendment Act 2003 amended
           (1)   This section amends the Environmental Protection Amendment
                 Act 2003.
           (2)   Delete section 111(4).
25         (3)   In section 111(5) delete "Section" and insert:

                 Sections 70(3) to (11) and




     page 24
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                                                    Amendments          Part 3

                                                                                s. 55



     55.         Exotic Diseases of Animals Act 1993 amended
           (1)   This section amends the Exotic Diseases of Animals Act 1993.
           (2)   In section 46(a) delete "the Public Service Act 1978" and insert:

 5               the Public Sector Management Act 1994 Part 3


     56.         Fair Trading Act 1987 amended
           (1)   This section amends the Fair Trading Act 1987.
           (2)   In section 5(1) delete the definition of product information
10               standard and insert:

                      product information standard means a standard
                      prescribed by regulations referred to in section 59;


15   57.         Fire and Emergency Services Authority of Western Australia
                 Act 1998 amended
           (1)   This section amends the Fire and Emergency Services Authority
                 of Western Australia Act 1998.
           (2)   Delete section 36U(3).

20   58.         Firearms Act 1973 amended
           (1)   This section amends the Firearms Act 1973.
           (2)   In section 19AA(1) and (2) delete "an indictable offence" and
                 insert:

25               a crime


     59.         Firearms Amendment Act 2004 amended
           (1)   This section amends the Firearms Amendment Act 2004.

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     s. 60



           (2)   Delete section 22(4)(a).
           (3)   Delete section 26.

     60.         Fish Resources Management Act 1994 amended
           (1)   This section amends the Fish Resources Management Act 1994.
 5         (2)   In section 126(c) delete "authorisation, aquaculture" and insert:

                 authorisation or aquaculture


     61.         Fisheries Adjustment Schemes Act 1987 amended
10         (1)   This section amends the Fisheries Adjustment Schemes
                 Act 1987.
           (2)   In section 11(3)(b) delete "a fisheries" and insert:

                 a voluntary fisheries
15

     62.         Forest Products Act 2000 amended
           (1)   This section amends the Forest Products Act 2000.
           (2)   Delete section 69(2) and insert:

20               (2)   A copy of a document transmitted to the Clerk of a
                       House is taken to have been laid before that House.

           (3)   In section 69(3) delete "subsection (2)(a)" and insert:

25               subsection (2)




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                                                      Amendments          Part 3

                                                                                    s. 63



           (4)   In Schedule 1 clause 5 delete "as it thinks" and insert:

                 as they think


 5   63.         Gaming and Wagering Commission Act 1987 amended
           (1)   This section amends the Gaming and Wagering Commission
                 Act 1987.
           (2)   In section 8(2) after each of paragraphs (a) to (da),
                 paragraph (c)(i) and (ii) and paragraph (d)(i) and (iii) insert:
10

                 and


     64.         Gas Pipelines Access (Western Australia) Act 1998 amended
           (1)   This section amends the Gas Pipelines Access (Western
15               Australia) Act 1998.
           (2)   In Schedule 1 clause 13(7) in the definition of associate delete
                 "Law" and insert:

                 Act
20

     65.         Gold Corporation Act 1987 amended
           (1)   This section amends the Gold Corporation Act 1987.
           (2)   In section 3(1) in the definition of subsidiary delete
                 paragraph (c) and insert:
25
                         (c)     a body determined to be a subsidiary of Gold
                                 Corporation under subsection (3);




                                                                              page 27
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     s. 66



           (3)   After section 3(2) insert:

                 (3)   Part 1.2 Division 6 of the Corporations Act applies for
                       the purpose of determining whether a body is a
 5                     subsidiary of Gold Corporation.


     66.         Governor's Establishment Act 1992 amended
           (1)   This section amends the Governor's Establishment Act 1992.
           (2)   In section 3 in the definition of member of the Governor's
10               Establishment after "means" insert:

                 a


     67.         Grain Marketing Act 2002 amended
15         (1)   This section amends the Grain Marketing Act 2002.
           (2)   Delete section 17(4) and insert:

                 (4)   A copy of a direction transmitted to the Clerk of a
                       House is taken to have been laid before that House.
20

           (3)   In section 17(5) delete "regarded as having occurred under
                 subsection (4)(a)" and insert:

                 taken to have occurred under subsection (4)
25

     68.         Guardianship and Administration Act 1990 amended
           (1)   This section amends the Guardianship and Administration
                 Act 1990.


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                                                                                s. 69



           (2)   In section 3(1) after the definition of determination delete
                 "and".
           (3)   In section 3(1) in the definition of guardian paragraph (c) delete
                 "Guardian" and insert:
 5

                 Advocate

     69.         Hairdressers Registration Act 1946 amended
           (1)   This section amends the Hairdressers Registration Act 1946.
10         (2)   Delete section 3(1) and insert:

                 (1)    Subject to subsection (2), this Act applies only
                        within --
                         (a) the South West Division under the Land
15                             Administration Act 1997; and
                         (b) the area that is within 8 km of the Post Office at
                               Kalgoorlie.


     70.         Hairdressers Registration Act 1946: proclamations revoked
20               The proclamations made under the Hairdressers Registration
                 Act 1946 section 3(2) and published in the Gazette before
                 9 March 2004 are revoked.

     71.         Health Act 1911 amended
           (1)   This section amends the Health Act 1911.
25         (2)   In section 55(3) delete "one inch to 2 miles," and insert:

                 1:1 000,




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     s. 72



           (3)   In section 212B(1):
                   (a) delete paragraph (zd) and insert:

                        (zd)   the registration of any body corporate, whether
 5                             formed or incorporated, or taken to be
                               registered (within the meaning of the
                               Corporations Act 2001 (Commonwealth), in or
                               outside the State, carrying on within the State
                               the business of importing pet meat in carcass or
10                             boneless form into the State; and

                  (b)    after each of paragraphs (a) to (zc) and (ze) to (zr) insert:

                         and
15

           (4)   In the provisions listed in the Table delete "the University" and
                 insert:

                 The University
20

                                           Table
       s. 340B(3)(a)                           s. 340L(1)

       s. 340AB(3)(a)                          s. 340AL(1)

       s. 340BB(3)(c) (first occurrence)       s. 340BL(1)
       and (4)(f)

     72.         Health Amendment Act 1987 amended
           (1)   This section amends the Health Amendment Act 1987.
           (2)   Delete section 4(d).
25         (3)   Delete section 83.

     page 30
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                                                                                s. 73



           (4)   Delete section 90.
     73.         Health Services (Conciliation and Review) Act 1995 amended
           (1)   This section amends the Health Services (Conciliation and
                 Review) Act 1995.
 5         (2)   Delete section 57(1) and insert:

                 (1)    If either House of Parliament is not sitting the Director
                        may place a report before that House for the purposes
                        of section 56(1) by giving the report to the Clerk of that
10                      House, and that report is taken to have been placed
                        before that House.

           (3)   In section 57(2) delete "subsection (1)(a)" and insert:

15               subsection (1)

     74.         Hire-Purchase Act 1959 amended
           (1)   This section amends the Hire-Purchase Act 1959.
           (2)   In section 36(1) delete "it is claimed" and insert:
20

                 claiming

     75.         Home Building Contracts Act 1991 amended
           (1)   This section amends the Home Building Contracts Act 1991.
25         (2)   In section 25E(2) delete the passage that begins with "before"
                 and ends with "Act 1996." and insert:

                        before the commencement of the Home Building
                        Contracts Amendment Act 1996.
30




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     s. 76



     76.         Human Reproductive Technology Act 1991 amended
           (1)   This section amends the Human Reproductive Technology
                 Act 1991.
           (2)   In section 29(3):
 5                 (a) delete "it with";
                   (b) delete "it may require." and insert:

                        the CEO requires.


10   77.         Industrial Relations Act 1979 amended
           (1)   This section amends the Industrial Relations Act 1979.
           (2)   In section 32(4)(a) delete "subsection (3)," and insert:

                 subsection (8),
15

           (3)   In section 32(4)(b) delete "subsection (3) --" and insert:

                 subsection (8) --

20         (4)   In section 32(4)(c) delete "subsection (3)" and insert:

                 subsection (8)

           (5)   In section 90(1):
25                 (a) in paragraph (a) delete "is not on an" and insert:

                        is not an




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                                                                                  s. 78



                  (b)     in paragraph (b) before "erroneous" insert:

                          on the ground that the decision is


 5   78.         Inspector of Custodial Services Act 2003 amended
           (1)   This section amends the Inspector of Custodial Services
                 Act 2003.
           (2)   In section 26(1):
                   (a) delete paragraph (c) and "or" after it and insert:
10
                          (c)   an investigation or other action taken by the
                                Corruption and Crime Commission under the
                                Corruption and Crime Commission Act 2003;
                                or
15
                  (b)     after each of paragraphs (a) and (b) insert:

                          or

20         (3)   In section 44(1) delete "Anti-Corruption Commission," and
                 insert:

                 Corruption and Crime Commission,

25         (4)   In section 45:
                   (a) delete paragraph (a) and insert:

                          (a)   is disclosed to a person who is --
                                   (i) a member of the Corruption and Crime
30                                      Commission; or
                                 (ii)   an officer or a seconded officer of the
                                        Corruption and Crime Commission

                                                                             page 33
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     s. 79



                                     authorised for the purposes of this
                                     subparagraph by the Corruption and
                                     Crime Commission,
                              and concerns a matter that is relevant to the
 5                            functions of the Corruption and Crime
                              Commission; or

                  (b)   in paragraph (b) delete "Anti-Corruption Commission"
                        and insert:
10
                        Corruption and Crime Commission


     79.         Insurance Commission of Western Australia Act 1986
                 amended
15         (1)   This section amends the Insurance Commission of Western
                 Australia Act 1986.
           (2)   In section 6:
                   (a) delete paragraph (b) and insert:

20                      (b)   to issue and undertake liability under policies of
                              insurance as required by the Workers'
                              Compensation and Injury Management
                              Act 1981 section 163; and

25                (b)   after each of paragraphs (a) and (c) to (f) insert:

                        and

           (3)   Delete section 16(3).




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                         Statutes (Repeals and Miscellaneous Amendments) Bill 2008
                                                        Amendments          Part 3

                                                                              s. 80



           (4)   In section 44:
                   (a) delete "(the WCR Act)," and insert:

                           (the WC&IM Act),
 5
                   (b)     delete "WCR Act" (second and third occurrences) and
                           insert:

                           WC&IM Act
10
                   (c)     delete "WCR Act." and insert:

                           WC&IM Act.


15   80.         Iron Ore (Marillana Creek) Agreement Act 1991 amended
           (1)   This section amends the Iron Ore (Marillana Creek) Agreement
                 Act 1991.
           (2)   In section 4A(1), (2) and (3) before "Variation" insert:

20               First


     81.         Jetties Act 1926 amended
           (1)   This section amends the Jetties Act 1926.
           (2)   In section 7(2) delete "to the an officer" and insert:
25

                 to an officer




                                                                            page 35
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     s. 82



     82.         Jurisdiction of Courts (Cross-vesting) Act 1987 amended
           (1)   This section amends the Jurisdiction of Courts (Cross-vesting)
                 Act 1987.
           (2)   In section 6A(1)(c)(ii) after "determination" insert:
 5

                 in


     83.         Land Administration Act 1997 amended
           (1)   This section amends the Land Administration Act 1997.
10         (2)   In section 35(8)(a) delete "determined under section 142(1) of
                 the Supreme Court Act 1935" and insert:

                               prescribed under section 8(1)(a) of the Civil
                               Judgments Enforcement Act 2004
15

           (3)   In section 241(11) delete "payable in respect of judgment debts
                 as determined under section 142 of the Supreme Court Act 1935
                 ruling" and insert:

20                     prescribed under section 8(1)(a) of the Civil Judgments
                       Enforcement Act 2004


     84.         Law Reform (Miscellaneous Provisions) Act 1941 amended
           (1)   This section amends the Law Reform (Miscellaneous
25               Provisions) Act 1941.
           (2)   In the long title delete "action, and to amend the law of
                 property known as the Rule against Perpetuities." and insert:

                 action.
30



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                       Statutes (Repeals and Miscellaneous Amendments) Bill 2008
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                                                                                s. 85



           (3)   In section 4(1) delete "other or to claims under section 94 of the
                 Supreme Court Act 1935, for damages on the ground of
                 adultery." and insert:

 5               other.


     85.         Legal Practitioners Act Amendment Act 1944 amended
           (1)   This section amends the Legal Practitioners Act Amendment
                 Act 1944.
10         (2)   Delete the provisions relating to the Legal Practitioners'
                 Guarantee Fund (which have not been proclaimed).

     86.         Litter Act 1979 amended
           (1)   This section amends the Litter Act 1979.
           (2)   In section 9(1)(b), (d), (e) and (f) delete "The Confederation"
15               and insert:

                 the Chamber of Commerce and Industry

           (3)   Delete section 9(6) and insert:
20

                 (6)      In this section --
                          Chamber of Commerce and Industry means the
                          Chamber of Commerce and Industry of Western
                          Australia (Inc).
25

     87.         Local Government Act 1995 amended
           (1)   This section amends the Local Government Act 1995.




                                                                              page 37
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     s. 88



           (2)   In the heading to Part 3 Division 3 Subdivision 4 before
                 "goods" insert:

                 abandoned vehicle wrecks and
 5

     88.         Local Government Amendment Act 2004 amended
           (1)   This section amends the Local Government Amendment
                 Act 2004.
           (2)   Delete section 16(1), (2), (3) and (5).

10   89.         Lotteries Commission Act 1990 amended
           (1)   This section amends the Lotteries Commission Act 1990.
           (2)   In section 22(2)(e)(ii) delete "the University" and insert:

                 The University
15

     90.         Maritime Archaeology Act 1973 amended
           (1)   This section amends the Maritime Archaeology Act 1973.
           (2)   In the First Schedule in the item for the ship called the
                 "Zuytdorp" delete "Forty miles" and insert:
20

                 33.5 nautical miles


     91.         Metric Conversion Act 1972 amended
           (1)   This section amends the Metric Conversion Act 1972.




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                        Statutes (Repeals and Miscellaneous Amendments) Bill 2008
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                                                                                     s. 92



           (2)    After section 6 insert:


             7.          Power to amend subsidiary legislation
                  (1)    The Governor, on the recommendation of the Minister,
 5                       may make regulations amending any subsidiary
                         legislation made under any Act.
                  (2)    The Minister may make a recommendation under
                         subsection (1) only if the Minister considers that each
                         amendment proposed to be made by the regulations is
10                       solely for the purpose of amending a reference in the
                         subsidiary legislation to a physical quantity that is not
                         expressed in terms of a unit or units in the metric
                         system of measurement by substituting for that
                         reference a reference to a physical quantity expressed
15                       in terms of a unit or units in the metric system of
                         measurement.
                  (3)    The quantity to be substituted need not be the exact
                         metric equivalent of the quantity being replaced but
                         must not be more than 10% greater or less than the
20                       quantity being replaced.

     92.          Mine Workers' Relief Act 1932 amended
           (1)    This section amends the Mine Workers' Relief Act 1932.
           (2)    In Schedule 3 clause 2(f) delete "receive and payment" and insert:
25

                  receive any payment


     93.          Mining Amendment Act 1996 amended
           (1)    This section amends the Mining Amendment Act 1996.
30         (2)    Delete section 9.


                                                                               page 39
     Statutes (Repeals and Miscellaneous Amendments) Bill 2008
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     s. 94



     94.         Motor Vehicle Dealers Act 1973 amended
           (1)   This section amends the Motor Vehicle Dealers Act 1973.
           (2)   In section 19(3) delete "licence" and insert:

 5               authorisation

           (3)   In section 37A(5) delete "copy order" and insert:

                 copy of the order
10

     95.         National Environment Protection Council (Western Australia)
                 Act 1996 amended
           (1)   This section amends the National Environment Protection
                 Council (Western Australia) Act 1996.
15         (2)   In section 53(1) delete "by Parliament" and insert:

                 by the Parliament


     96.         National Trust of Australia (W.A.) Act 1964 amended
20         (1)   This section amends the National Trust of Australia (W.A.)
                 Act 1964.
           (2)   In the Schedule paragraph (b) delete "the University" and insert:

                 The University
25

     97.         Painters' Registration Act 1961 amended
           (1)   This section amends the Painters' Registration Act 1961.



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                                                                                s. 98



           (2)   In section 7(1)(c) delete "The Confederation of Western
                 Australian Industry (Incorporated)" and insert:

                               the Chamber of Commerce and Industry of
 5                             Western Australia (Inc)


     98.         Parks and Reserves Act 1895 amended
           (1)   This section amends the Parks and Reserves Act 1895.
           (2)   In section 3(6) delete "Subject to section 5(3), (4), (4a) and (5),
10               if " and insert:

                 If


     99.         Perth Theatre Trust Act 1979 amended
15         (1)   This section amends the Perth Theatre Trust Act 1979.
           (2)   In section 17(3) delete "award under the Industrial Arbitration
                 Act 1979 or to any relevant award or agreement under the
                 Public Service Arbitration Act 1966." and insert:

20                     award, order or industrial agreement under the
                       Industrial Relations Act 1979.

           (3)   In section 17A(2) delete "award under the Industrial Arbitration
                 Act 1979," and insert:
25
                       award, order or industrial agreement under the
                       Industrial Relations Act 1979,


     100.        Planning and Development Act 2005 amended
30         (1)   This section amends the Planning and Development Act 2005.


                                                                             page 41
     Statutes (Repeals and Miscellaneous Amendments) Bill 2008
     Part 3          Amendments

     s. 101



        (2)    In section 111(2)(b) delete "that proposed region scheme," and
               insert:

               that proposed local planning scheme,
 5

        (3)    In section 127(1)(b) delete "to forward" and insert:

               forward

10      (4)    In section 187(1) delete "section 174(1)(a) or (b)," and insert:

               section 174(1),

        (5)    In section 225(1) delete "against section 220".
15      (6)    In Schedule 2 clause 7(2)(a) delete "section 10(1)(c)(iii);" and
               insert:

               section 10(1)(b)(iii);


20   101.      Poisons Act 1964 amended
        (1)    This section amends the Poisons Act 1964.
        (2)    In section 8(3)(a) delete "the University" and insert:

               The University
25




     page 42
                   Statutes (Repeals and Miscellaneous Amendments) Bill 2008
                                                  Amendments          Part 3

                                                                          s. 102



     102.    Port Authorities Act 1999 amended
       (1)   This section amends the Port Authorities Act 1999.
       (2)   In section 3(1) in the definition of subsidiary delete
             paragraph (a) and "and" after it and insert:
 5
                      (a)    a body determined to be a subsidiary of a port
                             authority under subsection (4); or

       (3)   After section 3(3) insert:
10

             (4)    Part 1.2 Division 6 of the Corporations Act applies for
                    the purpose of determining whether a body is a
                    subsidiary of a port authority.

15     (4)   Delete section 133(2) and insert:

             (2)    A copy of a document transmitted to the Clerk of a
                    House is taken to have been laid before that House.

20     (5)   In section 133(3) delete "subsection (2)(a)" and insert:

             subsection (2)


     103.    Public and Bank Holidays Act 1972 amended
25     (1)   This section amends the Public and Bank Holidays Act 1972.
       (2)   In the Second Schedule in the item beginning "Celebration Day"
             delete "annually" and insert:

             for each year
30


                                                                        page 43
     Statutes (Repeals and Miscellaneous Amendments) Bill 2008
     Part 3          Amendments

     s. 104



     104.      Public Interest Disclosure Act 2003 amended
        (1)    This section amends the Public Interest Disclosure Act 2003.
        (2)    Delete section 12(2) and insert:

 5             (2)    If a person makes a disclosure of public interest
                      information under this Act to the Parliamentary
                      Commissioner, the Parliamentary Commissioner
                      Act 1971 section 26 applies as if the disclosure were
                      the making of a complaint under that Act.
10

        (3)    In section 16(1):
                 (a) after each of paragraphs (a) to (c) insert:

                       or
15
                (b)    in paragraph (f) delete "Act 2003; or" and insert:

                       Act 2003.


20   105.      Queen Elizabeth II Medical Centre Act 1966 amended
        (1)    This section amends the Queen Elizabeth II Medical Centre
               Act 1966.
        (2)    In section 16(4)(c) delete "the University" and insert:

25             The University


     106.      Racing and Wagering Western Australia Act 2003 amended
        (1)    This section amends the Racing and Wagering Western
               Australia Act 2003.



     page 44
                    Statutes (Repeals and Miscellaneous Amendments) Bill 2008
                                                   Amendments          Part 3

                                                                          s. 107



       (2)    Delete section 117(2) and insert:

              (2)    A copy of the text of a document transmitted to the
                     Clerk of a House is taken to have been laid before that
 5                   House.

       (3)    In section 117(3) delete "regarded as having occurred under
              subsection (2)(a)" and insert:

10            taken to have occurred under subsection (2)


     107.     Radiation Safety Act 1975 amended
       (1)    This section amends the Radiation Safety Act 1975.
       (2)    In section 57 delete "(2)   Where by any provision" and insert:
15
             (2A)    Where by any provision


     108.     Real Property (Foreign Governments) Act 1951 amended
       (1)    This section amends the Real Property (Foreign Governments)
20            Act 1951.
       (2)    In section 3(3) delete "100 acres" and insert:

              40.5 hectares


25   109.     Referendums Act 1983 amended
       (1)    This section amends the Referendums Act 1983.




                                                                        page 45
     Statutes (Repeals and Miscellaneous Amendments) Bill 2008
     Part 3          Amendments

     s. 110



        (2)    In section 30(1) delete "return the writ to the Clerk of the Writs
               who shall transmit it to the Governor." and insert:

                     in the case of a referendum as to a Bill, transmit the
 5                   writ to the Governor.


     110.      Retirement Villages Act 1992 amended
        (1)    This section amends the Retirement Villages Act 1992.
        (2)    In section 44(1) delete "Tribunal Tribunal" and insert:
10

               Tribunal


     111.      Road Traffic Amendment (Vehicle Licensing) (Taxing)
               Act 2001 amended
15      (1)    This section amends the Road Traffic Amendment (Vehicle
               Licensing) (Taxing) Act 2001.
        (2)    In section 1 delete "Amendment".

     112.      Road Traffic Amendment Act (No. 2) 1987 amended
        (1)    This section amends the Road Traffic Amendment Act
20             (No. 2) 1987.
        (2)    Delete section 11(b).

     113.      Rural Business Development Corporation Act 2000 amended
        (1)    This section amends the Rural Business Development
               Corporation Act 2000.
25      (2)    Delete section 16(5) and insert:

               (5)   A copy of a direction transmitted to the Clerk of a
                     House is taken to have been laid before that House.


     page 46
                     Statutes (Repeals and Miscellaneous Amendments) Bill 2008
                                                    Amendments          Part 3

                                                                             s. 114



       (3)   In section 16(6) delete "regarded as having occurred under
             subsection (5)(a)" and insert:

             taken to have occurred under subsection (5)
 5

     114.    Salaries and Allowances Act 1975 amended
       (1)   This section amends the Salaries and Allowances Act 1975.
       (2)   In section 7(1) delete "the Commissioner appointed under the
             Corruption and Crime Commission Act 2003,".

10   115.    Sentencing Act 1995 amended
       (1)   This section amends the Sentencing Act 1995.
       (2)   In section 9(1) delete "Subject to subsection (4),".
       (3)   In Schedule 1:
               (a) in the item for the Murdoch University Act 1973 delete
15                  "the";
               (b) in the item for the University of Notre Dame Australia
                    Act 1989 delete "the University" and insert:

                       The University
20
               (c)     in the item for the University of Western Australia
                       Act 1911, delete "the University" and insert:

                       The University
25

     116.    Sentencing Legislation Amendment and Repeal Act 2003
             amended
       (1)   This section amends the Sentencing Legislation Amendment and
             Repeal Act 2003.


                                                                         page 47
     Statutes (Repeals and Miscellaneous Amendments) Bill 2008
     Part 3          Amendments

     s. 117



        (2)    Delete section 40(3).
        (3)    Delete section 44.
        (4)    Delete section 45.

     117.      Settlement Agents Act 1981 amended
 5      (1)    This section amends the Settlement Agents Act 1981.
        (2)    In section 3(1) delete both definitions of business and insert:

                      business means --
                        (a) subject to paragraph (b), the business of a
10                           settlement agent; and
                       (b) in the definition of business transaction and in
                             section 45(a), any commercial undertaking or
                             enterprise in respect of any profession, trade,
                             employment, vocation or calling within the
15                           State;


     118.      Sports Drug Testing Act 2001 amended
        (1)    This section amends the Sports Drug Testing Act 2001.
        (2)    In section 3 in the definition of WA competitor:
20               (a) delete "competitor, who -- " and insert:

                       competitor --

                (b)    at the beginning of paragraphs (a) and (b) insert:
25
                       who




     page 48
                 Statutes (Repeals and Miscellaneous Amendments) Bill 2008
                                                Amendments          Part 3

                                                                            s. 119



       (3)   In section 4(4)(e) delete "within and" and insert:

             within or


 5   119.    Stamp Act 1921 amended
       (1)   This section amends the Stamp Act 1921.
       (2)   In section 76B(2) delete "or (5a)(a);" and insert:

             or (5a)(a)
10

     120.    State Administrative Tribunal Act 2004 amended
       (1)   This section amends the State Administrative Tribunal Act 2004.
       (2)   In Schedule 1 delete "Architects Act 1921" and insert:

15           Architects Act 2004


     121.    Statutory Corporations (Liability of Directors) Act 1996
             amended
       (1)   This section amends the Statutory Corporations (Liability of
20           Directors) Act 1996.
       (2)   In section 4 in the definition of director paragraph (a) delete
             "corporation;" and insert:

                           corporation or, if the corporation is governed
25                         by one person, that person; or

     122.    Surveillance Devices Act 1998 amended
       (1)   This section amends the Surveillance Devices Act 1998.



                                                                        page 49
     Statutes (Repeals and Miscellaneous Amendments) Bill 2008
     Part 3          Amendments

     s. 123



        (2)    In section 41(3) delete the phrase that begins with "Police," and
               ends with "and the" and insert:

               Police, the Corruption and Crime Commission and the
 5

     123.      Swan Valley Planning Legislation Amendment Act 2006
               amended
        (1)    This section amends the Swan Valley Planning Legislation
               Amendment Act 2006.
10      (2)    Delete section 20(1) and (2).
        (3)    Delete Schedule 1 Division 1.
        (4)    Delete Schedule 1 Division 3 item 3.

     124.      Taxation (Staff Arrangements) Act 1969 amended
        (1)    This section amends the Taxation (Staff Arrangements)
15             Act 1969.
        (2)    In section 5(1) before "chief executive" insert:

               the


20   125.      Travel Agents Act 1985 amended
        (1)    This section amends the Travel Agents Act 1985.
        (2)    In section 24(2) delete "subsection (4)(b) or (c)" and insert:

               subsection (1)
25

     126.      Trustees Act 1962 amended
        (1)    This section amends the Trustees Act 1962.

     page 50
                  Statutes (Repeals and Miscellaneous Amendments) Bill 2008
                                                 Amendments          Part 3

                                                                           s. 127



       (2)   In section 101(5) delete "Bills of Exchange Act 1903 of the
             Commonwealth and its amendments." and insert:

             Bills of Exchange Act 1909 (Commonwealth).
 5

     127.    University Colleges Act 1926 amended
       (1)   This section amends the University Colleges Act 1926.
       (2)   In section 3 delete "five acres." and insert:

10           2.03 hectares.


     128.    Valuation of Land Act 1978 amended
       (1)   This section amends the Valuation of Land Act 1978.
       (2)   In section 35(1) delete "such decision".

15   129.    Veterinary Surgeons Act 1960 amended
       (1)   This section amends the Veterinary Surgeons Act 1960.
       (2)   In section 24(1) delete "removal of name" and insert:

             removal of the name
20

     130.    Video Tapes Classification and Control Amendment Act 1991
             amended
       (1)   This section amends the Video Tapes Classification and Control
             Amendment Act 1991.
25     (2)   Delete sections 4 to 12.




                                                                      page 51
     Statutes (Repeals and Miscellaneous Amendments) Bill 2008
     Part 3          Amendments

     s. 131



     131.      Water Boards Act 1904 amended
        (1)    This section amends the Water Boards Act 1904.
        (2)    In section 91 delete "objection or the appeal." and insert:

 5             objection.

               Note: The heading to amended section 91 is to read:

                       Objection not to affect liability to pay rates

     132.      Water Corporation Act 1995 amended
10      (1)    This section amends the Water Corporation Act 1995.
        (2)    In section 3:
                 (a) delete "In this Act," and insert:

               (1)     In this Act,
15
                 (b)     in the definition of subsidiary delete paragraph (a) and
                         "and" after it and insert:

                         (a)    a body determined to be a subsidiary of the
20                              corporation under subsection (2); or

        (3)    At the end of section 3 insert:

               (2)     Part 1.2 Division 6 of the Corporations Act applies for
25                     the purpose of determining whether a body is a
                       subsidiary of the corporation.




     page 52
                   Statutes (Repeals and Miscellaneous Amendments) Bill 2008
                                                  Amendments          Part 3

                                                                            s. 133



       (4)   Delete section 87(2) and insert:

             (2)      A copy of a document transmitted to the Clerk of a
                      House is taken to have been laid before that House.
 5

       (5)   In section 87(3) delete "subsection (2)(a)" and insert:

             subsection (2)

10     (6)   In Schedule 3 clause 28(6) delete the passage that begins with
             "transmitted is to be -- " and ends with "authority of that House."
             and insert:

             transmitted is taken to have been laid before that House.
15

       (7)   In Schedule 3 clause 28(7) delete "subclause (6)(a)" and insert:

             subclause (6)


20   133.    Water Services Licensing Act 1995 amended
       (1)   This section amends the Water Services Licensing Act 1995.
       (2)   In section 27 delete "at the its" and insert:

             at its
25

       (3)   In section 46M(2) delete "section 112A of the Public Works
             Act 1902." and insert:

             the Land Administration Act 1997 Part 9 Division 4.
30

                                                                         page 53
     Statutes (Repeals and Miscellaneous Amendments) Bill 2008
     Part 3          Amendments

     s. 134



        (4)    Delete section 59E(5) and insert:

               (5)    A copy of a direction transmitted to the Clerk of a
                      House is taken to have been laid before that House.
 5

        (5)    In section 59E(6) delete "subsection (5)(a)" and insert:

               subsection (5)

10   134.      Western Australian Coastal Shipping Commission Act 1965
               amended
        (1)    This section amends the Western Australian Coastal Shipping
               Commission Act 1965.
        (2)    Delete section 20(2).
15   135.      Western Australian College of Teaching Act 2004 amended
        (1)    This section amends the Western Australian College of
               Teaching Act 2004.
        (2)    In section 9(1)(d):
                 (a) in subparagraphs (i) and (ii) after "officer of " insert:
20
                       the

                (b)    in subparagraphs (iv) and (v) delete "the University" and
                       insert:
25
                       The University


     136.      Western Australian Land Authority Act 1992 amended
        (1)    This section amends the Western Australian Land Authority
30             Act 1992.


     page 54
                   Statutes (Repeals and Miscellaneous Amendments) Bill 2008
                                                  Amendments          Part 3

                                                                          s. 137



       (2)   Delete section 45A(2) and insert:

             (2)    A copy of a document transmitted to the Clerk of a
                    House is taken to have been laid before that House.
 5

       (3)   In section 45A(3) delete "subsection (2)(a)" and insert:

             subsection (2)

10   137.    Western Australian Marine Act 1982 amended
       (1)   This section amends the Western Australian Marine Act 1982.
       (2)   In section 64(5) delete "subsection (1)" and insert:

             subsection (4)
15

       (3)   In section 104(5) delete "to and in a" and insert:

             to and in relation to a


20   138.    Western Australian Treasury Corporation Act 1986 amended
       (1)   This section amends the Western Australian Treasury
             Corporation Act 1986.
       (2)   Delete section 16Q(2) and insert:

25           (2)    A copy of a document transmitted to the Clerk of a
                    House is taken to have been laid before that House.




                                                                        page 55
     Statutes (Repeals and Miscellaneous Amendments) Bill 2008
     Part 3          Amendments

     s. 139



        (3)    In section 16Q(3) delete "subsection (2)(a)" and insert:

               subsection (2)


 5   139.      Workers' Compensation and Injury Management Act 1981
               amended
        (1)    This section amends the Workers' Compensation and Injury
               Management Act 1981.
        (2)    In section 5(1) in the definition of NRE amount:
10               (a) in paragraph (c)(i) delete "Wages Cost Index," and
                       insert:

                                    Labour Price Index (formerly known as
                                    the Wages Cost Index),
15
                (b)   in paragraph (c)(i) delete "(WCI)" and insert:

                      (the LPI)

20              (c)   in paragraph (c)(ii) delete "WCI" and insert:

                      LPI

        (3)    In section 5(1) in the definition of prescribed amount:
25               (a) in paragraph (b)(i) delete "Wages Cost Index," and
                       insert:

                                    Labour Price Index (formerly known as
                                    the Wages Cost Index),
30




     page 56
                    Statutes (Repeals and Miscellaneous Amendments) Bill 2008
                                                   Amendments          Part 3

                                                                            s. 140



              (b)     in paragraph (b)(i) delete "(the WCI)" and insert:

                      (the LPI)

 5            (c)     in paragraph (b)(ii) delete "WCI" and insert:

                      LPI

       (4)   In section 93F(8) in the definition of Amount A:
10             (a) in paragraph (b)(i) delete "Wages Cost Index," and
                     insert:

                                   Labour Price Index (formerly known as
                                   the Wages Cost Index),
15
              (b)     in paragraph (b)(i) delete "(the WCI)" and insert:

                      (the LPI)

20            (c)     in paragraph (b)(ii) delete "WCI" and insert:

                      LPI


     140.    Working with Children (Criminal Record Checking) Act 2004
25           amended
       (1)   This section amends the Working with Children (Criminal
             Record Checking) Act 2004.
       (2)   In Schedule 1 in the item relating to The Criminal Code
             section 329(3) delete "activity" and insert:
30

             behaviour



                                                                           page 57
     Statutes (Repeals and Miscellaneous Amendments) Bill 2008
     Part 3          Amendments

     s. 141



        (3)    In Schedule 2:
                 (a) in the item relating to The Criminal Code section 329(3)
                      delete "activity" and insert:

 5                     behaviour

                (b)    in the item relating to The Criminal Code section 329(5)
                       delete "engage in sexual activity" and insert:

10                     do indecent act

                (c)    in the item relating to the Criminal Code Act 1995 of the
                       Commonwealth section 474.22 delete "child" (first
                       occurrence).

15   141.      Zoological Parks Authority Act 2001 amended
        (1)    This section amends the Zoological Parks Authority Act 2001.
        (2)    Delete section 14(4) and insert:

               (4)    A copy of a direction transmitted to the Clerk of a
20                    House is taken to have been laid before that House.

        (3)    In section 14(5) delete "regarded as having occurred under
               subsection (4)(a)" and insert:

25             taken to have occurred under subsection (4)




 


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