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Western Australia State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Various Acts amended to confer jurisdiction Division 1 -- Aboriginal Heritage Act 1972 3. The Act amended 3 4. Section 4 amended 3 5. Section 18 amended 3 6. Section 43 amended 3 7. Section 46 amended 4 8. Section 50 amended 4 9. Various references to "Local Court" amended 4 Division 2 -- Adoption Act 1994 10. The Act amended 5 11. Section 10 amended 5 12. Section 143 amended 5 Division 3 -- Aerial Spraying Control Act 1966 13. The Act amended 5 14. Section 8 amended 6 15. Section 13A amended 6 Division 4 -- Agricultural Produce (Chemical Residues) Act 1983 16. The Act amended 6 17. Section 8 amended 6 18. Section 20 amended 7 page i 214--2 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents 19. Section 23 amended 7 Division 5 -- Agricultural Produce Commission Act 1988 20. The Act amended 8 21. Section 16 amended 8 Division 6 -- Agriculture and Related Resources Protection Act 1976 22. The Act amended 8 23. Section 7 amended 8 24. Section 54 amended 8 Division 7 -- Animal Welfare Act 2002 25. The Act amended 9 26. Heading to Part 5 Division 4 amended 9 27. Section 71 amended 10 28. Section 72 amended 10 29. Section 74 amended 10 30. Section 75 repealed 11 Division 8 -- Architects Act 1921 31. The Act amended 11 32. Part 1 heading amended 11 33. Section 2 amended 11 34. Part 2 heading amended 12 35. Section 10 repealed 12 36. Part 3 heading amended 12 37. Section 12 amended 12 38. Section 14B amended 13 39. Section 14D amended 13 40. Section 16 replaced 14 41. Section 22 amended 14 42. Section 22A amended 14 43. Section 22AB inserted 16 44. Section 25 amended 16 45. Part 4 heading amended 17 46. Part 5 heading amended 17 47. Part 6 heading amended 17 48. Part 7 heading amended 17 49. Section 30 amended 18 50. Section 31 replaced by sections 31 to 31C 18 51. Section 35 amended 23 page ii State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents Division 9 -- Armadale Redevelopment Act 2001 52. The Act amended 24 53. Section 50 replaced 24 54. Section 52 amended 24 Division 10 -- Associations Incorporation Act 1987 55. The Act amended 25 56. Section 4 amended 25 57. Section 7 amended 25 58. Section 8 amended 26 59. Section 9 amended 26 60. Section 18 amended 26 61. Section 19 amended 27 Division 11 -- Biological Control Act 1986 62. The Act amended 27 63. Section 3 amended 27 64. Section 54 amended 27 65. Sections 55 to 58 repealed 28 Division 12 -- Births, Deaths and Marriages Registration Act 1998 66. The Act amended 28 67. Section 67 amended 28 Division 13 -- Boxing Control Act 1987 68. The Act amended 28 69. Part V heading replaced 29 70. Section 34 amended 29 71. Section 40 amended 29 Division 14 -- Bread Act 1982 72. The Act amended 30 73. Section 7 amended 30 Division 15 -- Builders' Registration Act 1939 74. The Act amended 30 75. Section 6 amended 30 76. Section 8 amended 30 77. Section 10D amended 31 78. Section 12A amended 31 79. Section 12D inserted 31 80. Section 13 amended 32 81. Section 13A amended 33 82. Section 14 replaced 34 page iii State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents 83. Section 17 amended 34 84. Section 17A inserted 34 85. Section 19A inserted 35 86. Section 22 amended 35 87. Section 23B amended 36 88. Section 41 amended 36 89. Section 42 amended 37 Division 16 -- Business Names Act 1962 90. The Act amended 38 91. Section 14 amended 38 92. Section 19 amended 38 Division 17 -- Caravan Parks and Camping Grounds Act 1995 93. The Act amended 39 94. Section 7 amended 39 95. Section 10 amended 40 96. Section 11 amended 40 97. Section 12 amended 40 98. Section 21 amended 40 99. Section 27 replaced 41 100. Section 28 amended 41 101. Section 34 amended 41 Division 18 -- Cemeteries Act 1986 102. The Act amended 41 103. Section 19 amended 42 Division 19 -- Chattel Securities Act 1987 104. The Act amended 42 105. Section 3 amended 42 106. Section 26 amended 42 107. Sections 27 and 28 repealed 42 108. Section 29 amended 43 Division 20 -- Chicken Meat Industry Act 1977 109. The Act amended 43 110. Section 18 amended 43 111. Section 19A amended 44 Division 21 -- Chiropractors Act 1964 112. The Act amended 44 113. Section 16C amended 44 114. Section 18 amended 45 page iv State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents 115. Section 20A amended 45 116. Part IVA inserted 46 Division 22 -- Commercial Tenancy (Retail Shops) Agreements Act 1985 117. The Act amended 51 118. Section 3 amended 51 119. Section 4 amended 52 120. Section 9 amended 52 121. Section 11 amended 52 122. Section 12 amended 52 123. Section 12A amended 53 124. Section 12B amended 53 125. Section 13 amended 53 126. Section 13A amended 54 127. Section 15 amended 55 128. Section 16 amended 55 129. Sections 18 to 25 repealed 56 130. Section 26 amended 56 131. Section 27 amended 56 132. Section 29 repealed 56 Division 23 -- Community Services Act 1972 133. The Act amended 57 134. Section 17C amended 57 Division 24 -- Competition Policy Reform (Western Australia) Act 1996 135. The Act amended 57 136. Section 45 amended 57 137. Section 52 amended 58 Division 25 -- Consumer Affairs Act 1971 138. The Act amended 58 139. Section 15 amended 59 140. Section 15A amended 59 141. Section 19 amended 59 142. Section 20 amended 60 143. Section 21 amended 60 144. Section 23 amended 60 145. Section 24 amended 60 page v State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents Division 26 -- Consumer Credit (Western Australia) Act 1996 146. The Act amended 61 147. Section 7 amended 61 Division 27 -- Control of Vehicles (Off-road Areas) Act 1978 148. The Act amended 61 149. Section 33 replaced 62 Division 28 -- Co-operative and Provident Societies Act 1903 150. The Act amended 62 151. Section 6 amended 62 152. Section 8 amended 63 Division 29 -- Country Areas Water Supply Act 1947 153. The Act amended 63 154. Section 12BE amended 63 155. Section 12C amended 63 156. Section 12D amended 64 157. Part VI Division 2 heading amended 64 158. Section 58 amended 64 159. Section 59 amended 64 160. Section 60 amended 65 161. Sections 60A and 60B inserted 66 162. Section 61 amended 67 163. Section 62 amended 67 164. Section 62A amended 67 Division 30 -- Country Towns Sewerage Act 1948 165. The Act amended 68 166. Heading amended 68 167. Section 61 amended 68 168. Section 62 amended 68 169. Section 63 amended 69 170. Sections 63A and 63B inserted 70 171. Section 64 amended 71 172. Section 65 amended 71 173. Section 65A amended 71 Division 31 -- Credit Act 1984 174. The Act amended 72 page vi State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents 175. Section 5 amended 72 176. Section 85B amended 72 177. Section 86 amended 72 178. Section 167A amended 73 179. Section 167B amended 73 180. Section 170 amended 73 Division 32 -- Credit (Administration) Act 1984 181. The Act amended 73 182. Section 3 repealed 73 183. Section 4 amended 74 184. Section 9 amended 74 185. Section 10 amended 74 186. Section 11 amended 75 187. Section 12 amended 75 188. Section 13 amended 77 189. Section 14 amended 77 190. Section 22 amended 77 191. Section 23 amended 78 192. Part II Division 4 heading replaced 80 193. Section 24 replaced 80 194. Section 25 amended 81 195. Section 28 amended 81 196. Section 29 amended 81 197. Section 30 amended 81 198. Section 32 amended 82 199. Section 33 amended 82 200. Section 34 amended 83 201. Section 35 amended 83 202. Section 36 amended 84 203. Section 39 amended 84 204. Section 40 repealed 84 205. Section 43 amended 85 206. Section 44 amended 85 207. Section 56 amended 85 208. Section 57 amended 86 209. Section 60 amended 86 210. Schedule 1 repealed 87 211. Various references to "Tribunal" amended 87 212. Various references to "Registrar" amended 88 page vii State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents Division 33 -- Cremation Act 1929 213. The Act amended 89 214. Section 8 amended 89 Division 34 -- Dangerous Goods Safety Act 2003 215. The Act amended 89 216. Section 67 amended 89 217. Schedule 1 amended 90 Division 35 -- Dangerous Goods (Transport) Act 1998 218. The Act amended 90 219. Section 4 amended 90 220. Section 8 amended 90 Division 36 -- Debt Collectors Licensing Act 1964 221. The Act amended 91 222. Section 3 amended 91 223. Section 8 amended 91 224. Section 9 amended 93 225. Section 10 amended 93 226. Section 11 replaced 95 227. Section 12 amended 96 228. Section 12A inserted 96 229. Section 15 amended 97 230. Section 20 amended 97 231. Section 21 amended 98 Division 37 -- Dental Act 1939 232. The Act amended 98 233. Section 14C amended 98 234. Section 15 amended 99 235. Section 18 amended 99 236. Section 23 amended 99 237. Part IV inserted 99 238. Section 30 amended 105 239. Section 30A amended 106 240. Section 30B repealed 107 241. Section 31 amended 107 242. Section 33 replaced 108 243. Section 45 amended 108 244. Section 48 amended 108 245. Section 63 repealed 108 page viii State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents Division 38 -- Dental Prosthetists Act 1985 246. The Act amended 108 247. Section 12 amended 108 248. Sections 19A to 19F inserted 109 249. Section 20 amended 114 250. Section 21 amended 115 251. Section 22 replaced 116 252. Section 30A inserted 116 Division 39 -- Dog Act 1976 253. The Act amended 117 254. Section 7 amended 117 255. Section 14 amended 117 256. Section 16A amended 117 257. Section 17 amended 118 258. Section 26 amended 119 259. Section 27 amended 120 260. Section 29 amended 120 261. Section 33E amended 120 262. Section 33F amended 121 263. Section 33G amended 123 264. Section 33H amended 125 265. Section 33I amended 126 266. Section 33J amended 127 267. Section 33L amended 127 268. Section 36 amended 127 269. Section 40 amended 128 270. Various references to "appeal" amended 129 Division 40 -- East Perth Redevelopment Act 1991 271. The Act amended 129 272. Section 45 replaced 129 273. Section 47 amended 130 Division 41 -- Electricity Act 1945 274. The Act amended 131 275. Section 32 amended 131 276. Section 33 inserted 132 Division 42 -- Employment Agents Act 1976 277. The Act amended 133 278. Section 4 amended 133 279. Section 10A amended 133 page ix State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents 280. Section 11 repealed 134 281. Sections 11B to 11D repealed 134 282. Section 11E amended 134 283. Section 19 amended 135 284. Section 20 amended 135 285. Section 22 amended 135 286. Sections 23 and 24 repealed 136 287. Section 25 amended 136 288. Section 28 amended 137 289. Section 30 amended 137 290. Section 31 amended 138 291. Section 46 amended 138 292. Section 47 amended 139 293. Section 48 amended 139 294. Section 49 amended 139 295. Section 52 amended 139 296. Various references to "licensing officer" amended 140 Division 43 -- Energy Coordination Act 1994 297. The Act amended 140 298. Section 11ZH amended 140 299. Section 22 amended 142 Division 44 -- Equal Opportunity Act 1984 300. The Act amended 143 301. Section 4 amended 143 302. Section 67 amended 143 303. Section 83 amended 144 304. Section 93A amended 144 305. Part VIII and Part VIII Division 1 headings replaced 144 306. Section 96 replaced 144 307. Sections 97 to 104 repealed 145 308. Part VIII Division 2 heading amended 145 309. Sections 108 to 112 repealed 145 310. Sections 118 to 121 repealed 145 311. Section 122 amended 145 312. Sections 124 and 125 repealed 145 313. Section 126 amended 145 314. Sections 128 to 134 repealed 145 315. Section 135 amended 146 316. Section 136 amended 146 317. Section 147 amended 146 page x State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents 318. Section 148 repealed 146 319. Section 149 amended 147 320. Section 150 amended 147 321. Section 152 amended 148 322. Section 153 amended 148 323. Section 154 amended 148 324. Section 155 amended 148 325. Section 165 amended 148 326. Section 166 amended 149 327. Section 167 amended 149 328. Section 169 amended 150 Division 45 -- Explosives and Dangerous Goods Act 1961 329. The Act amended 150 330. Section 52 amended 150 Division 46 -- Fair Trading Act 1987 331. The Act amended 151 332. Section 5 amended 151 333. Section 45 amended 151 334. Section 46 amended 151 335. Various references to "Commercial Tribunal" amended 151 Division 47 -- Finance Brokers Control Act 1975 336. The Act amended 152 337. Section 4 amended 152 338. Heading to Part II Division 3 replaced 152 339. Sections 19 to 22 repealed 152 340. Section 23 replaced 153 341. Section 24 amended 153 342. Section 25 amended 153 343. Section 30 amended 154 344. Section 32 amended 154 345. Section 33 amended 154 346. Section 34 amended 154 347. Sections 34A and 34B inserted 154 348. Section 35 amended 155 349. Section 56 repealed 155 350. Section 82 replaced 156 351. Section 83 amended 156 352. Section 86 amended 157 page xi State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents 353. Section 95 amended 157 354. Various references to "District Court" amended 158 Division 48 -- Fire and Emergency Services Authority of Western Australia Act 1998 355. The Act amended 158 356. Section 36ZA amended 158 357. Part 6A Division 8 heading amended 159 358. Section 36ZF amended 159 359. Section 36ZG repealed 159 360. Section 36ZH amended 159 Division 49 -- Fire Brigades Act 1942 361. The Act amended 160 362. Section 25A amended 160 363. Section 33 amended 160 Division 50 -- Firearms Act 1973 364. The Act amended 161 365. Section 22 amended 161 366. Section 34 amended 161 367. Schedule 3 repealed 162 Division 51 -- First Home Owner Grant Act 2000 368. The Act amended 162 369. Section 3 amended 162 370. Part 2 Division 6 heading amended 162 371. Part 2 Division 6 Subdivision 3 heading amended 162 372. Section 31 amended 163 373. Section 32 amended 163 374. Part 2 Division 6 Subdivision 4 heading deleted 163 375. Section 33 repealed 163 Division 52 -- Fish Resources Management Act 1994 376. The Act amended 164 377. Section 4 amended 164 378. Part 14 and Part 14 Division 1 headings replaced 164 379. Section 146 amended 164 380. Section 147 amended 164 381. Section 148 amended 166 382. Section 149 amended 167 383. Section 150 amended 167 384. Section 151 and 152 replaced 168 page xii State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents 385. Section 153 to 162 repealed 169 386. Section 238 amended 169 387. Section 244 amended 169 388. Section 250 amended 169 389. Section 255 amended 169 390. Section 258 amended 170 Division 53 -- Fisheries Adjustment Schemes Act 1987 391. The Act amended 170 392. Section 3 amended 170 393. Section 14J amended 171 394. Section 14L amended 171 395. Section 14M amended 171 396. Section 14N amended 171 397. Part 4 Division 2 repealed 172 398. Section 15B amended 172 Division 54 -- Fishing and Related Industries Compensation (Marine Reserves) Act 1997 399. The Act amended 172 400. Section 3 amended 172 401. Section 8 amended 172 402. Section 9 amended 173 403. Section 10 amended 173 404. Section 11 amended 174 405. Section 12 amended 174 Division 55 -- Gas Standards Act 1972 406. The Act amended 174 407. Section 13A amended 175 408. Section 13B replaced 178 409. Section 13C replaced by sections 13C and 13CA 179 Division 56 -- Gender Reassignment Act 2000 410. The Act amended 180 411. Section 17 amended 180 412. Section 21 amended 180 Division 57 -- Guardianship and Administration Act 1990 Subdivision 1 -- Amendments to the Act 413. The Act amended 181 414. Long title amended 181 page xiii State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents 415. Section 3 amended 181 416. Section 4 amended 182 417. Part 3 and Part 3 Division 1 headings replaced 183 418. Section 5 replaced 183 419. Sections 6 to 12 repealed 183 420. Part 3 Division 2 heading deleted 183 421. Section 13 amended 184 422. Sections 14 to 15A repealed 184 423. Section 16 amended 184 424. Section 17 amended 185 425. Section 17A amended 185 426. Section 17B amended 186 427. Sections 17C and 17D repealed 186 428. Section 19 amended 186 429. Section 33 amended 186 430. Part 3 Division 4 repealed 186 431. Section 40 amended 187 432. Section 41 amended 187 433. Section 42 repealed 187 434. Section 55 amended 187 435. Section 56A amended 187 436. Section 59 amended 187 437. Section 60 amended 188 438. Section 61 repealed 188 439. Section 80 amended 188 440. Section 82 amended 189 441. Section 85 amended 189 442. Section 86 amended 190 443. Section 87 amended 190 444. Section 88 amended 190 445. Section 89 amended 191 446. Section 90 amended 191 447. Section 97 amended 191 448. Section 104A amended 192 449. Section 106 amended 192 450. Section 108 amended 192 451. Section 111 amended 192 452. Section 112 amended 193 453. Section 113 amended 193 454. Section 114 amended 193 455. Section 116 repealed 193 page xiv State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents 456. Section 117 amended 193 457. Section 120 amended 194 458. Sections 121 to 123 repealed 194 459. Schedule 1 amended 194 460. Schedule 3 amended 195 461. Various references to "Board" amended 195 Subdivision 2 -- Amendments needed because Act amended 462. Disability Services Act 1993 amended 199 463. Electoral Act 1907 amended 199 464. Industrial Relations Act 1979 amended 199 Division 58 -- Hairdressers Registration Act 1946 465. The Act amended 201 466. Section 7 amended 201 467. Section 14C amended 202 468. Section 16 amended 202 469. Section 16A inserted 204 470. Section 17 amended 205 471. Section 18 amended 205 472. Section 18A and 18B inserted 205 473. Section 19 amended 206 474. Section 20 amended 206 Division 59 -- Health Act 1911 475. The Act amended 206 476. Section 36 amended 207 477. Section 37 repealed 207 478. Section 62 amended 207 479. Section 63 amended 207 480. Section 137 amended 208 481. Section 165 amended 208 482. Section 166 amended 208 483. Section 187 amended 208 484. Section 192 amended 208 485. Section 244 amended 209 486. Section 246Y amended 209 487. Section 246ZG amended 210 488. Section 246ZI amended 210 page xv State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents Division 60 -- Health Services (Conciliation and Review) Act 1995 489. The Act amended 210 490. Section 10 amended 210 491. Section 26 amended 211 492. Section 46 amended 211 493. Section 52 amended 211 494. Section 54 amended 212 495. Section 55 amended 212 Division 61 -- Heritage of Western Australia Act 1990 496. The Act amended 213 497. Section 3 amended 213 498. Section 30 amended 213 499. Section 37 amended 213 500. Section 42 amended 213 501. Section 59 amended 214 502. Section 60 amended 215 503. Section 76 amended 215 504. Various references to "Tribunal" amended 216 505. Various references to "Town Planning Appeal Tribunal" amended 216 Division 62 -- Hire-Purchase Act 1959 506. The Act amended 217 507. Section 3 amended 217 508. Section 12A amended 218 509. Section 36A amended 218 Division 63 -- Hope Valley-Wattleup Redevelopment Act 2000 510. The Act amended 219 511. Section 29 amended 219 512. Section 31 amended 219 Division 64 -- Hospitals and Health Services Act 1927 Subdivision 1 -- Amendments to the Act 513. The Act amended 220 514. Section 26H amended 221 page xvi State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents Subdivision 2 -- Amendment needed because Act amended 515. Acts Amendment (Hospitals) Act 1985 amended 221 Division 65 -- Housing Societies Act 1976 516. The Act amended 221 517. Section 87 amended 222 Division 66 -- Human Reproductive Technology Act 1991 518. The Act amended 222 519. Section 3 amended 222 520. Section 14 amended 222 521. Section 19 amended 222 522. Section 29 amended 223 523. Section 32 amended 223 524. Section 33 amended 223 525. Section 36 amended 224 526. Section 36A inserted 225 527. Section 37 amended 225 528. Section 38 replaced 226 529. Section 39 amended 227 530. Section 40 amended 227 531. Heading to Part 4 Division 4 amended 230 532. Section 42 amended 230 533. Section 43 amended 231 534. Section 49 amended 231 535. Section 54 amended 231 536. Section 57 amended 231 537. Various references to "licensing authority" amended 232 Division 67 -- Jetties Act 1926 538. The Act amended 233 539. Section 7 amended 233 540. Section 7A amended 233 Division 68 -- Land Administration Act 1997 Subdivision 1 -- Amendments to the Act 541. The Act amended 234 542. Section 125 amended 234 543. Section 126 amended 234 544. Section 151 amended 235 545. Section 207 amended 235 page xvii State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents 546. Section 210 amended 235 547. Section 214 amended 236 548. Section 218 amended 236 549. Section 222 amended 236 550. Section 224 amended 237 551. Section 225 amended 238 552. Sections 226 and 227 replaced 239 553. Section 228 repealed 240 554. Section 229 amended 240 555. Section 230 amended 240 556. Section 231 replaced 241 557. Sections 232 to 240 repealed 242 558. Section 241 amended 242 559. Section 243 amended 242 560. Section 244 amended 243 561. Sections 245 to 247 repealed 243 562. Section 249 amended 243 563. Section 256 amended 243 564. Various references to "appeal" amended 243 565. Various references to "a Compensation Court" amended 244 566. Various references to "Compensation Court" amended 244 Subdivision 2 -- Amendments needed because Act amended 567. Mining Act 1978 amended 245 568. Water Agencies (Powers) Act 1984 amended 245 Division 69 -- Land Drainage Act 1925 569. The Act amended 246 570. Section 85 amended 246 571. Heading to Part VII Division 4 amended 246 572. Section 98 amended 246 573. Section 99 amended 246 574. Section 99A amended 247 575. Sections 99AA and 99AB inserted 248 576. Section 99B amended 249 577. Section 99C amended 249 578. Section 99D amended 250 579. Section 108 amended 250 page xviii State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents Division 70 -- Land Tax Assessment Act 2002 580. The Act amended 251 581. Section 41 amended 251 Division 71 -- Land Valuers Licensing Act 1978 582. The Act amended 251 583. Section 4 amended 251 584. Part II Division 1 heading replaced 251 585. Part II Division 2 replaced 252 586. Section 17 amended 257 587. Section 18 amended 257 588. Section 19 amended 257 589. Section 19A inserted 257 590. Section 20A inserted 258 591. Section 21 amended 258 592. Section 27 replaced 259 593. Section 28 amended 259 594. Section 31 amended 259 595. Section 36 amended 260 Division 72 -- Legal Contribution Trust Act 1967 596. The Act amended 260 597. Section 28 amended 260 Division 73 -- Legal Practice Act 2003 598. The Act amended 261 599. Section 3 amended 261 600. Section 17 amended 261 601. Section 38 amended 262 602. Section 39 amended 262 603. Section 40 amended 262 604. Section 63 amended 263 605. Section 71 amended 263 606. Section 85 amended 263 607. Section 132 amended 263 608. Section 149 amended 264 609. Section 156 amended 264 610. Section 164 amended 264 611. Part 12 Division 2 Subdivision 2 repealed 264 612. Section 176 amended 264 613. Section 180 amended 264 614. Section 181 amended 265 page xix State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents 615. Part 12 Division 5 heading amended 265 616. Sections 183 and 184 repealed 265 617. Sections 191 to 193 repealed 265 618. Part 12 Division 6 heading amended 265 619. Section 196 amended 265 620. Section 197 amended 266 621. Section 198 amended 266 622. Section 199 amended 267 623. Section 201 amended 267 624. Section 202 replaced 267 625. Section 205 amended 267 626. Section 248 amended 268 627. Section 249 amended 268 628. Section 250 amended 268 629. Section 250A inserted 268 630. Section 251 amended 270 631. Section 252 amended 270 632. Schedule 2 amended 270 633. Schedule 3 repealed 270 634. Various references to "appeal to the Supreme Court" amended 271 635. Various references to "Disciplinary Tribunal" amended 271 636. Various references to "Supreme Court" amended 272 637. Various references to "the Court" amended 272 638. Various references to "Judge" amended 273 639. Various references to "Disciplinary" deleted 273 Division 74 -- Legal Practitioners Act 1893 640. The Act amended 274 641. Section 3 amended 274 642. Section 6 amended 274 643. Section 7C amended 275 644. Section 14C amended 275 645. Section 25 amended 276 646. Section 28A amended 276 647. Section 28B amended 276 648. Section 28C amended 277 649. Sections 28D, 28E and 29 repealed 277 650. Section 29A amended 277 651. Section 29B repealed 277 page xx State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents 652 Section 30 amended 278 653. Section 31 repealed 278 654. Section 31AA amended 278 655. Section 31B amended 278 656. Section 31C amended 278 657. Section 31D amended 279 658. Section 31E amended 279 659. Section 31F amended 280 660. Section 31G amended 280 661. Section 58B amended 280 662. Section 58I amended 281 663. Section 58W amended 281 664. Section 81 amended 281 665. Section 83 amended 281 666. Section 83A inserted 282 667. Schedule 2 amended 283 668. Various references to "Disciplinary Tribunal" amended 285 669. Various references to "a Judge" amended 285 670. Various references to "the Judge" amended 286 Division 75 -- Licensed Surveyors Act 1909 671. The Act amended 286 672. Section 8 replaced by sections 8, 8A, 8B and 8C 286 673. Section 20A amended 291 674. Section 20B inserted 291 675. Section 21 amended 292 676. Section 21AA inserted 295 677. Section 22 replaced 296 678. Section 22A replaced 296 679. Section 25C amended 297 680. Section 26 amended 298 Division 76 -- Litter Act 1979 681. The Act amended 298 682. Section 25 amended 298 Division 77 -- Local Government (Miscellaneous Provisions) Act 1960 683. The Act amended 299 684. Section 295 amended 299 685. Section 374 amended 300 686. Section 374A amended 301 page xxi State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents 687. Section 399 amended 301 688. Section 401 amended 301 689. Section 401A amended 303 690. Section 409A amended 303 691. Section 413 amended 303 Division 78 -- Local Government Act 1995 692. The Act amended 304 693. Section 2.27 amended 304 694. Section 2.32 amended 304 695. Section 3.25 amended 305 696. Section 6.1 amended 305 697. Section 6.3 amended 305 698. Section 6.32 amended 305 699. Section 6.58 amended 305 700. Section 6.59 amended 306 701. Heading to Part 6 Division 6 Subdivision 7 amended 306 702. Section 6.77 amended 306 703. Section 6.78 amended 307 704. Section 6.79 replaced by sections 6.79 and 6.79B 307 705. Section 6.80 amended 308 706. Section 6.81 amended 308 707. Section 6.82 amended 308 708. Section 7.13 amended 309 709. Heading to Part 9 Division 1 amended 309 710. Section 9.4 amended 309 711. Section 9.5 amended 310 712. Section 9.7 amended 310 713. Section 9.8 repealed 311 714. Section 9.9 amended 311 715. Section 9.29 amended 312 716. Schedule 9.1 amended 312 Division 79 -- Maritime Archaeology Act 1973 717. The Act amended 312 718. Section 18 amended 312 Division 80 -- Marketing of Eggs Act 1945 719. The Act amended 314 720. Section 32 amended 314 721. Section 32H amended 314 722. Section 32J amended 315 page xxii State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents Division 81 -- Marketing of Potatoes Act 1946 723. The Act amended 315 724. Section 19A replaced 315 725. Section 28 amended 315 726. Section 31 amended 316 Division 82 -- Medical Act 1894 727. The Act amended 316 728. Section 3 amended 316 729. Part II heading amended 316 730. Section 6 amended 317 731. Section 8 amended 317 732. Section 8AA inserted 317 733. Section 8A amended 318 734. Section 9 amended 318 735. Section 10 amended 318 736. Sections 12BA to 12H inserted 319 737. Section 13 amended 326 738. Section 16A amended 332 739. Section 17 amended 332 740. Section 17A inserted 333 741. Section 21CA amended 333 742. Section 21CD amended 333 743. Section 21G amended 334 744. Section 22 amended 335 745. Section 22A inserted 336 Division 83 -- Mental Health Act 1996 746. The Act amended 337 747. Section 3 amended 337 748. Section 7 amended 338 749. Section 10 amended 338 750. Part 2 Division 5 repealed 338 751. Section 76 amended 338 752. Section 101 amended 339 753. Section 102 amended 339 754. Section 103 amended 339 755. Section 106 amended 339 756. Section 112 amended 340 757. Section 115 amended 340 758. Section 120 amended 340 759. Section 124 amended 341 page xxiii State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents 760. Heading to Part 6 amended 341 761. Heading to Part 6 Division 1 amended 341 762. Part 6 Division 1 Subdivision 1 repealed 341 763. Heading to Part 6 Division 1 Subdivision 2 repealed 341 764. Section 129 amended 341 765. Section 130 amended 342 766. Section 131 repealed 343 767. Heading to Part 6 Division 1 Subdivision 3 repealed 343 768. Sections 132, 133 and 134 repealed 343 769. Section 135 amended 343 770. Section 136 repealed 343 771. Section 137 amended 343 772. Section 138 amended 344 773. Section 139 amended 344 774. Section 141 amended 345 775. Section 142 amended 346 776. Section 143 amended 346 777. Section 144 repealed 346 778. Section 145 amended 346 779. Section 146 replaced 347 780. Sections 147 and 148 repealed 347 781. Heading to Part 6 Division 3 amended 347 782. Section 149 amended 348 783. Section 150 amended 348 784. Section 151 amended 348 785. Section 152 amended 349 786. Section 153 amended 349 787. Sections 154 and 155 repealed 349 788. Section 170 amended 349 789. Section 171 amended 350 790. Section 203 amended 350 791. Section 213 amended 351 792. Section 215 amended 351 793. Schedule 1 repealed 351 794. Schedule 2 amended 351 Division 84 -- Metropolitan Region Town Planning Scheme Act 1959 795. The Act amended 353 796. Section 32A amended 354 797. Section 35F amended 354 page xxiv State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents 798. Section 36 amended 355 799. Section 43 amended 355 Division 85 -- Metropolitan Water Authority Act 1982 800. The Act amended 356 801. Section 4 amended 356 802. Heading to Part IV amended 356 803. Section 43 amended 357 804. Sections 44 and 45 inserted 359 Division 86 -- Metropolitan Water Supply, Sewerage, and Drainage Act 1909 805. The Act amended 360 806. Section 57D amended 360 807. Section 57G amended 361 808. Section 152 amended 361 Division 87 -- Midland Redevelopment Act 1999 809. The Act amended 361 810. Section 52 amended 361 811. Section 54 amended 362 Division 88 -- Motor Vehicle Dealers Act 1973 812. The Act amended 363 813. Section 6 amended 363 814. Sections 13A to 13D inserted 363 815. Section 14 repealed 368 816. Section 18 amended 368 817. Section 18A amended 368 818. Section 19A amended 369 819. Section 20 amended 369 820. Section 20A amended 371 821. Section 20C replaced 371 822. Section 20D amended 372 823. Section 22 replaced 372 824. Section 22A amended 373 825. Section 32O amended 373 826. Section 37B amended 374 827. Section 38 amended 374 828. Section 51 amended 374 829. Various references to "District Court" amended 375 page xxv State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents Division 89 -- Motor Vehicle Drivers Instructors Act 1963 830. The Act amended 375 831. Section 10 amended 375 Division 90 -- Nurses Act 1992 832. The Act amended 376 833. Section 4 amended 376 834. Section 20 amended 376 835. Section 37 amended 377 836. Section 43 amended 377 837. Section 44 amended 377 838. Section 54 amended 377 839. Section 57 amended 378 840. Section 59 amended 378 841. Sections 59A to 59C inserted 379 842. Section 60 amended 381 843. Section 63 amended 381 844. Section 64 amended 382 845. Sections 65 to 68 repealed 382 846. Section 69 amended 382 847. Section 70 amended 383 848. Section 71 amended 383 849. Section 73 amended 383 850. Section 74 amended 384 851. Section 76 amended 384 852. Section 77 amended 384 853. Section 78 replaced 384 854. Section 82 amended 384 Division 91 -- Occupational Therapists Registration Act 1980 855. The Act amended 385 856. Section 9 amended 385 857. Section 15 amended 385 858. Section 17 amended 386 859. Section 21 amended 386 860. Section 23 amended 386 861. Section 27A amended 386 862. Part IVA inserted 387 863. Section 28 amended 392 864. Section 28A inserted 394 page xxvi State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents 865. Section 29 amended 395 866. Section 31 repealed 395 867. Section 32 amended 395 868. Section 33 replaced 395 869. Section 34 amended 396 870. Section 38 amended 396 Division 92 -- Optical Dispensers Act 1966 871. The Act amended 396 872. Section 3 amended 396 873. Section 5 amended 396 874. Section 6 amended 397 875. Sections 6A to 6F inserted 398 876. Section 7 amended 403 877. Section 8 amended 404 878. Section 10 amended 404 879. Section 11 amended 405 880. Section 11A inserted 405 Division 93 -- Optometrists Act 1940 881. The Act amended 406 882. Section 17 amended 406 883. Section 21 amended 406 884. Sections 25A to 25F inserted 406 885. Section 26 amended 411 886. Section 27 repealed 412 887. Section 28 amended 412 888. Section 29 amended 413 889. Section 30 amended 413 890. Section 31 replaced 414 891. Section 42 amended 414 Division 94 -- Osteopaths Act 1997 892. The Act amended 415 893. Section 3 amended 415 894. Section 10 amended 415 895. Section 11 amended 415 896. Section 15 amended 415 897. Section 20 amended 415 898. Section 28 amended 416 899. Section 31 amended 416 900. Section 36 amended 416 901. Section 37 amended 416 page xxvii State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents 902. Section 41 amended 417 903. Section 44 amended 417 904. Section 48 amended 418 905. Section 49 amended 418 906. Section 50 amended 419 907. Section 54 amended 419 908. Section 55 amended 419 909. Section 63 amended 420 910. Section 64 amended 420 911. Heading to Part 5 Division 6 replaced 420 912. Sections 65 to 69 repealed 420 913. Section 70 amended 421 914. Sections 71 to 73 repealed 423 915. Section 74 amended 423 916. Section 80 amended 424 917. Section 81 amended 424 918. Section 83 repealed 424 919. Section 87 amended 424 920. Section 88 amended 424 921. Section 89 replaced 425 922. Section 90 amended 425 923. Schedule 1 amended 426 Division 95 -- Painters' Registration Act 1961 924. The Act amended 426 925. Section 14B amended 426 926. Section 16 amended 426 927. Section 16A repealed 427 928. Section 16B replaced 428 929. Section 16E amended 428 930. Section 16G amended 428 931. Section 16H amended 429 932. Section 16I amended 429 933. Section 18 replaced by sections 18, 18A and 18B 430 934. Section 22 amended 431 935. Section 23B amended 431 Division 96 -- Pawnbrokers and Second-hand Dealers Act 1994 936. The Act amended 432 937. Section 20 amended 432 938. Section 22 amended 432 page xxviii State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents 939. Section 27 amended 433 940. Part 2 Division 3 heading replaced 434 941. Section 29 repealed 434 942. Section 30 amended 434 943. Section 31 repealed 434 944. Section 32 amended 435 945. Section 33 amended 435 946. Section 34 amended 436 947. Section 35 amended 436 948. Section 73 amended 436 949. Section 92 amended 436 950. Section 93 amended 437 Division 97 -- Pay-roll Tax Assessment Act 2002 951. The Act amended 437 952. Section 41 amended 438 Division 98 -- Pearling Act 1990 953. The Act amended 438 954. Section 23 amended 438 955. Section 31 amended 438 956. Part 12 heading amended 439 957. Section 33 amended 439 958. Section 34 amended 440 959. Schedule 2 amended 440 Division 99 -- Perth Parking Management Act 1999 960. The Act amended 441 961. Section 17 amended 441 Division 100 -- Petroleum (Submerged Lands) Act 1982 962. The Act amended 441 963. Section 87 amended 441 964. Section 88 amended 442 965. Section 92 amended 442 Division 101 -- Petroleum Act 1967 966. The Act amended 443 967. Section 12 amended 443 968. Section 81 amended 443 969. Section 82 amended 443 970. Section 85 amended 444 page xxix State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents Division 102 -- Petroleum Pipelines Act 1969 971. The Act amended 444 972. Section 54 amended 445 Division 103 -- Petroleum Retailers Rights and Liabilities Act 1982 973. The Act amended 445 974. Section 5 amended 445 Division 104 -- Pharmacy Act 1964 975. The Act amended 447 976. Section 16C amended 447 977. Sections 17 and 18 repealed 448 978. Section 22 amended 448 979. Section 23 amended 448 980. Section 26 amended 448 981. Section 27 repealed 449 982. Sections 31A to 31F inserted 449 983. Section 32 replaced 454 984. Section 32B replaced 456 985. Section 33 amended 456 986. Section 47 amended 457 Division 105 -- Physiotherapists Act 1950 987. The Act amended 457 988. Section 7C amended 457 989. Section 8 amended 458 990. Sections 10A to 10F inserted 458 991. Section 16 amended 463 Division 106 -- Pig Industry Compensation Act 1942 992. The Act amended 463 993. Section 8 amended 464 Division 107 -- Plant Diseases Act 1914 994. The Act amended 464 995. Section 18 amended 464 996. Section 22 amended 465 Division 108 -- Plant Pests and Diseases (Eradication Funds) Act 1974 997. The Act amended 465 998. Section 13 amended 465 page xxx State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents Division 109 -- Podiatrists Registration Act 1984 999. The Act amended 466 1000. Section 8 amended 466 1001. Section 16 amended 466 1002. Section 22 amended 466 1003. Section 27A amended 467 1004. Section 28 amended 467 1005. Section 28A inserted 469 1006. Section 29 replaced 471 1007. Section 30 repealed 471 1008. Section 31 replaced by sections 31 to 31C 472 1009. Section 32 amended 477 1010. Section 33 replaced 477 1011. Section 34 amended 477 1012. Section 35 amended 478 1013. Section 38 amended 478 Division 110 -- Poisons Act 1964 1014. The Act amended 478 1015. Section 29 amended 478 1016. Section 64 amended 478 Division 111 -- Psychologists Registration Act 1976 1017. The Act amended 479 1018. Section 3 amended 479 1019. Section 18A amended 479 1020. Section 21 amended 480 1021. Section 29 amended 480 1022. Section 35 amended 480 1023. Section 39 amended 481 1024. Section 39A inserted 483 1025. Section 40 replaced 484 1026. Section 41 amended 484 1027. Section 42 replaced 485 1028. Sections 42A, 42B and 42C inserted 488 1029. Section 43 amended 490 1030. Section 44 replaced 490 1031. Section 45 amended 490 1032. Section 46 amended 490 1033. Section 47 amended 491 1034. Section 48 amended 491 1035. Section 50 amended 491 page xxxi State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents Division 112 -- Public Meetings and Processions Act 1984 Subdivision 1 -- Amendments to the Act 1036. The Act amended 491 1037. Section 3 amended 491 1038. Section 4 amended 492 1039. Section 8 amended 492 1040. Section 9 amended 492 1041. Various references to "or order" deleted 493 Subdivision 2 -- Amendment needed because Act amended 1042. Police Act 1892 amended 493 Division 113 -- Racing Penalties (Appeals) Act 1990 Subdivision 1 -- Amendments to the Act 1043. The Act amended 494 1044. Long title amended 494 1045. Section 3 amended 494 1046. Part 2 heading replaced 494 1047. Part 2 Division 1 repealed 495 1048. Part 2 Division 2 heading deleted 495 1049. Sections 10 and 11 repealed 495 1050. Section 12 amended 495 1051. Section 13 amended 495 1052. Section 14 repealed 498 1053. Section 15 amended 498 1054. Part 2 Division 3 heading deleted 499 1055. Section 16 repealed 499 1056. Section 17 replaced 499 1057. Sections 18 and 19 repealed 499 1058. Sections 20 to 23 repealed 499 1059. Section 24 amended 500 1060. Sections 25 and 26 repealed 501 1061. Schedule repealed 501 Subdivision 2 -- Transitional provisions 1062. Transitional provisions in relation to funds 501 Division 114 -- Radiation Safety Act 1975 1063. The Act amended 502 1064. Section 12 amended 502 1065. Section 54 amended 502 page xxxii State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents Division 115 -- Rail Safety Act 1998 1066. The Act amended 503 1067. Section 16 amended 503 1068. Section 17 amended 503 1069. Section 18 amended 503 1070. Section 20 amended 503 1071. Schedule 1 amended 504 Division 116 -- Real Estate and Business Agents Act 1978 1072. The Act amended 505 1073. Part II Division 3 heading amended 505 1074. Sections 19 to 22 repealed 505 1075. Section 23 replaced 505 1076. Section 23C amended 506 1077. Section 24 amended 506 1078. Section 25 amended 506 1079. Section 30 amended 507 1080. Section 31 amended 507 1081. Section 33 amended 507 1082. Sections 34A and 34B inserted 507 1083. Section 43 amended 508 1084. Section 48 amended 508 1085. Section 49 amended 509 1086. Sections 50A and 50B inserted 509 1087. Section 53 amended 510 1088. Section 76 repealed 510 1089. Section 102 amended 511 1090. Section 103 amended 512 1091. Section 124B amended 512 1092. Section 135 amended 513 1093. Section 139 amended 514 1094. Section 145 amended 514 1095. Schedule amended 514 1096. Various references to "Board" amended 514 1097. Various references to "District Court" amended 515 Division 117 -- Retirement Villages Act 1992 1098. The Act amended 515 1099. Section 3 amended 515 1100. Part 4 Division 1 heading replaced 516 1101. Sections 23 to 26 repealed 516 page xxxiii State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents 1102. Part 4 Divisions 2 and 3 repealed 516 1103. Part 4 Division 4 heading deleted 516 1104. Sections 38 to 41 repealed 516 1105. Section 42 replaced 516 1106. Section 43 repealed 516 1107. Section 44 amended 517 1108. Sections 45 to 47 repealed 517 1109. Section 48 amended 517 1110. Sections 49 to 51 repealed 517 1111. Part 4 Division 5 heading amended 517 1112. Sections 53 and 55 repealed 517 1113. Section 56 amended 517 1114. Sections 71 to 73 repealed 517 1115. Section 74 amended 518 1116. Section 75 amended 518 1117. Section 76 repealed 518 1118. Section 81 repealed 518 1119. Section 82 amended 518 1120. Various references to "Tribunal" amended 518 Division 118 -- Rights in Water and Irrigation Act 1914 1121. The Act amended 520 1122. Section 26B amended 520 1123. Part III Division 3B amended 520 1124. Section 26GG amended 520 1125. Section 26GH amended 521 1126. Section 26GI amended 521 1127. Section 26GJ replaced 522 1128. Section 26M amended 522 1129. Section 27B amended 523 1130. Section 39E amended 523 1131. Section 39F amended 523 1132. Section 39G amended 524 1133. Sections 39GA and 39GB inserted 525 1134. Section 39H amended 526 1135. Section 39I amended 526 1136. Schedule 2 repealed 526 Division 119 -- Road Traffic Act 1974 1137. The Act amended 526 1138. Section 25 amended 527 page xxxiv State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents 1139. Section 48 amended 527 1140. Section 49 amended 527 1141. Section 78B amended 527 Division 120 -- Royal Agricultural Society Act 1926 1142. The Act amended 528 1143. Section 2 amended 528 1144. Section 3 amended 528 Division 121 -- Security and Related Activities (Control) Act 1996 1145. The Act amended 528 1146. Section 48 amended 528 1147. Section 55 amended 529 1148. Part 7 Division 4 heading replaced 529 1149. Section 67 amended 529 1150. Section 68 amended 531 1151. Part 7 Division 5 heading replaced 532 1152. Section 71 repealed 532 1153. Section 72 replaced 533 1154. Sections 73 and 74 replaced 534 1155. Section 81 amended 535 1156. Section 94 amended 536 Division 122 -- Settlement Agents Act 1981 1157. The Act amended 536 1158. Section 3 amended 536 1159. Part II Division 3 heading replaced 536 1160. Sections 19 to 22 repealed 536 1161. Section 23 replaced 537 1162. Section 24 amended 537 1163. Section 25 amended 538 1164. Section 30 amended 538 1165. Section 33 amended 538 1166. Section 34 amended 538 1167. Section 34A and 34B inserted 538 1168. Section 57 repealed 539 1169. Section 83 replaced 540 1170. Section 84 amended 540 1171. Section 102B amended 541 1172. Section 112 amended 541 1173. Section 123 amended 542 1174. Various references to "District Court" amended 542 page xxxv State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents Division 123 -- Soil and Land Conservation Act 1945 1175. The Act amended 543 1176. Section 25B amended 543 1177. Section 33 repealed 543 1178. Section 34 amended 543 1179. Section 34A amended 544 1180. Section 39 amended 544 1181. Section 39A repealed 545 1182. Section 48 amended 545 Division 124 -- Stamp Act 1921 1183. The Act amended 545 1184. Section 75JA amended 545 1185. Section 75JB amended 545 Division 125 -- State Superannuation Act 2000 1186. The Act amended 545 1187. Section 13 amended 546 1188. Section 38 amended 546 Division 126 -- Strata Titles Act 1985 1189. The Act amended 546 1190. Section 3 amended 547 1191. Section 3B amended 547 1192. Section 16 amended 547 1193. Section 21G amended 548 1194. Section 21T amended 548 1195. Section 23 amended 548 1196. Section 24 amended 549 1197. Section 25 amended 549 1198. Section 25B amended 549 1199. Section 26 amended 549 1200. Section 27 amended 551 1201. Section 38 amended 552 1202. Section 39 amended 552 1203. Section 39A amended 552 1204. Section 47 amended 552 1205. Section 62 amended 553 1206. Section 64 amended 553 1207. Part VI Division 1 repealed 553 1208. Section 77 amended 553 page xxxvi State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents 1209. Section 77A repealed 554 1210. Section 79 amended 554 1211. Part VI Division 2A repealed 554 1212. Part VI Division 3 heading amended 554 1213. Section 81 amended 554 1214. Section 82 amended 555 1215. Section 83 amended 556 1216. Section 84 amended 556 1217. Section 85 amended 556 1218. Section 89 amended 557 1219. Section 97 amended 557 1220. Section 98 amended 557 1221. Section 99 amended 557 1222. Section 99A amended 557 1223. Section 102 amended 557 1224. Section 103F amended 558 1225. Section 103H amended 558 1226. Section 104 amended 558 1227. Sections 105, 106 and 107 repealed 558 1228. Section 110 repealed 558 1229. Section 111 amended 559 1230. Section 113 amended 559 1231. Section 114 amended 559 1232. Section 115 amended 560 1233. Sections 116 to 119 repealed 560 1234. Sections 128 repealed 560 1235. Section 130 amended 560 1236. Schedule 3 amended 561 1237. Schedule 4 amended 561 1238. Various references to "referee" amended 562 1239. Various references to "by a referee" deleted 565 1240. Various references to "he is" deleted 565 Division 127 -- Subiaco Redevelopment Act 1994 1241. The Act amended 566 1242. Section 52 amended 566 1243. Section 54 amended 566 Division 128 -- Swan River Trust Act 1988 1244. The Act amended 567 1245. Section 68 amended 567 page xxxvii State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents Division 129 -- Taxation Administration Act 2003 1246. The Act amended 568 1247. Section 16 amended 568 1248. Section 17 amended 568 1249. Part 4 heading amended 568 1250. Section 31 amended 568 1251. Section 32 amended 569 1252. Section 33 amended 569 1253. Section 34 amended 569 1254. Section 38 amended 570 1255. Part 4 Division 3 heading amended 571 1256. Section 40 amended 571 1257. Section 41 repealed 571 1258. Section 42 amended 571 1259. Section 43 amended 572 1260. Section 43A inserted 573 1261. Section 47 amended 574 1262. Section 56 amended 574 1263. Section 57 amended 574 1264. Section 59 amended 574 1265. Glossary amended 575 Division 130 -- Taxi Act 1994 1266. The Act amended 575 1267. Section 20 amended 575 1268. Section 22 amended 575 1269. Section 23 amended 576 1270. Section 30 amended 576 1271. Section 37 amended 577 1272. Section 38 repealed 577 Division 131 -- Town Planning and Development Act 1928 Subdivision 1 -- Amendments to the Act 1273. The Act amended 577 1274. Section 2 amended 577 1275. Section 7B amended 578 1276. Section 8A amended 579 1277. Section 8B amended 580 1278. Section 10AA amended 580 1279. Section 17 amended 580 page xxxviii State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents 1280. Section 18 amended 580 1281. Section 26 amended 581 1282. Section 28A amended 582 1283. Part V heading replaced 582 1284. Sections 36 and 37 replaced 582 1285. Section 38 amended 584 1286. Section 39 repealed 586 1287. Part V Divisions 2 and 3 repealed 586 1288. Part V Division 4 heading deleted 586 1289. Sections 47 to 57 repealed 586 1290. Section 58 amended 586 1291. Section 59 repealed 587 1292. Section 60 amended 587 1293. Section 61 amended 588 1294. Section 62 replaced 589 1295. Sections 63 to 65 repealed and section 63 inserted 589 1296. Section 66 amended 589 1297. Sections 67 and 68 repealed 590 1298. Part V Division 5 heading deleted 590 1299. Section 69 amended 590 1300. Section 70 amended 591 1301. Section 71 amended 592 1302. Part V Division 6 heading deleted 593 1303. Section 72 replaced 593 1304. Sections 73 to 75 repealed 594 1305. The First Schedule amended 594 1306. Schedules 3 and 4 repealed 594 Subdivision 2 -- Amendments needed because Act amended 1307. Planning Appeals Amendment Act 2002 amended 595 Subdivision 3 -- Transitional provisions 1308. Ministerial referrals 595 1309. References to Committee and Tribunal 596 1310. Entitlements 596 Division 132 -- Transport Co-ordination Act 1966 1311. The Act amended 597 1312. Section 47Z amended 597 1313. Section 47ZF amended 597 1314. Section 57 amended 597 1315. Section 60 amended 598 page xxxix State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents Division 133 -- Travel Agents Act 1985 1316. The Act amended 598 1317. Section 3 amended 598 1318. Section 9 amended 599 1319. Section 10 amended 599 1320. Section 11 amended 599 1321. Section 12 amended 600 1322. Section 13 amended 601 1323. Section 18 amended 602 1324. Section 20 amended 602 1325. Section 21 amended 602 1326. Section 22 amended 604 1327. Part II Division 4 heading amended 604 1328. Section 23 replaced 605 1329. Section 24 replaced 606 1330. Section 25 repealed 606 1331. Section 30 amended 606 1332. Section 33 amended 607 1333. Section 37 amended 607 1334. Section 38 amended 607 1335. Section 39 amended 607 1336. Sections 42 to 47 repealed 608 1337. Section 52 amended 608 1338. Section 54 repealed 608 1339. Section 58 amended 608 1340. Part V repealed 609 1341. Various references to "Tribunal" amended 609 1342. Various references to "Registrar" amended 610 Division 134 -- Valuation of Land Act 1978 1343. The Act amended 611 1344. Section 4 amended 611 1345. Section 13 amended 611 1346. Part IV heading amended 611 1347. Section 32 amended 611 1348. Section 33 amended 612 1349. Section 34 amended 612 1350. Section 34A amended 613 1351. Section 35 amended 613 1352. Section 36 amended 614 1353. Sections 36A and 36B inserted 614 page xl State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents Division 135 -- Veterinary Preparations and Animal Feeding Stuffs Act 1976 1354. The Act amended 615 1355. Section 40 amended 615 1356. Section 68 amended 616 Division 136 -- Veterinary Surgeons Act 1960 1357. The Act amended 616 1358. Section 2 amended 617 1359. Section 16AC amended 617 1360. Section 16A amended 617 1361. Section 16B amended 618 1362. Section 22 amended 618 1363. Section 23 amended 619 1364. Section 24 amended 621 1365. Section 24A amended 622 1366. Section 24B amended 623 1367. Section 26E amended 623 1368. Section 26F amended 623 1369. Section 31 amended 624 Division 137 -- Water Boards Act 1904 1370. The Act amended 624 1371. Heading amended 624 1372. Section 87 amended 624 1373. Section 88 amended 625 1374. Section 89 amended 626 1375. Sections 89A and 89B inserted 627 1376. Section 90 amended 628 1377. Section 91 amended 628 1378. Section 91A amended 628 Division 138 -- Water Services Coordination Act 1995 1379. The Act amended 628 1380. Section 21 amended 629 1381. Part 3 Division 8 heading replaced 629 1382. Section 44 amended 629 1383. Section 54 amended 630 1384. Section 57 amended 630 1385. Section 59H amended 630 1386. Schedule 3 amended 631 page xli State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Contents Division 139 -- Waterways Conservation Act 1976 1387. The Act amended 632 1388. Section 46 amended 632 1389. Section 76 amended 632 Division 140 -- Western Australian Marine Act 1982 1390. The Act amended 632 1391. Section 3 amended 633 1392. Section 10 amended 633 1393. Section 11 replaced 633 1394. Section 127 amended 634 Division 141 -- Western Australian Meat Industry Authority Act 1976 1395. The Act amended 635 1396. Section 22 amended 635 Division 142 -- Western Australian Planning Commission Act 1985 1397. The Act amended 635 1398. Section 18 amended 635 1399. Section 25 amended 636 1400. Section 29 amended 636 1401. Section 32 amended 637 1402. Section 37E amended 637 1403. Section 37J amended 638 Part 3 -- Certain Acts repealed 1404. Commercial Tribunal Act 1984 repealed 640 1405. Land Valuation Tribunals Act 1978 repealed 640 Part 4 -- Other amendments 1406. Constitution Acts Amendment Act 1899 amended 641 1407. Financial Administration and Audit Act 1985 amended 642 1408. Parliamentary Commissioner Act 1971 amended 642 Part 5 -- Some transitional issues 1409. General principles governing transfer of jurisdiction 643 1410. Regulations about transitional issues 644 page xlii Western Australia LEGISLATIVE ASSEMBLY (As amended during consideration in detail) State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 A Bill for An Act to amend certain Acts to confer jurisdiction in certain matters on the State Administrative Tribunal, to repeal certain other Acts, to make consequential amendments, to deal with related matters, and to provide for transitional matters. The Parliament of Western Australia enacts as follows: page 1 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 1 Preliminary s. 1 Part 1 -- Preliminary 1. Short title This Act may be cited as the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2003. 5 2. Commencement (1) This Act comes into operation on a day fixed by proclamation. (2) Different days may be fixed under subsection (1) for different provisions. page 2 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Aboriginal Heritage Act 1972 Division 1 s. 3 Part 2 -- Various Acts amended to confer jurisdiction Division 1 -- Aboriginal Heritage Act 1972 3. The Act amended The amendments in this Division are to the Aboriginal Heritage 5 Act 1972*. [* Reprinted as at 16 February 2001.] 4. Section 4 amended Section 4 is amended by inserting after the definition of "person of Aboriginal descent" -- 10 " "proceedings under this Act" includes a proceeding commenced under this Act before the State Administrative Tribunal; ". 15 5. Section 18 amended (1) Section 18(5) is amended by deleting all of the subsection after "he may" and inserting instead -- " apply to the State Administrative Tribunal for a review 20 of the decision. ". (2) Section 18(6) is repealed. 6. Section 43 amended (1) Section 43(3) is amended by deleting "Local Court at Perth" 25 and inserting instead -- " State Administrative Tribunal "; (2) Section 43(6) is repealed. page 3 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 1 Aboriginal Heritage Act 1972 s. 7 7. Section 46 amended (1) Section 46(3) is amended by deleting all of the subsection after "notice may" and inserting instead -- " 5 apply to the State Administrative Tribunal for a review of the decision of the Minister. ". (2) Section 46(4) and (6) are repealed. (3) Section 46(5) is amended as follows: 10 (a) by deleting "appeal was duly made against" and inserting instead -- " application was made for a review of "; (b) by deleting "appeal" in both of the other places where it occurs and inserting instead -- 15 " application ". 8. Section 50 amended Section 50 is amended by inserting after "in any court" -- " or tribunal ". 9. Various references to "Local Court" amended 20 The Act is amended by deleting "Local Court" in each place specified in the Table to this section and inserting instead -- " State Administrative Tribunal ". Table s. 43(4) (both places) s. 43(5) (both places) s. 44 s. 47(2) page 4 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Adoption Act 1994 Division 2 s. 10 Division 2 -- Adoption Act 1994 10. The Act amended The amendments in this Division are to the Adoption Act 1994*. [* Reprinted as at 2 January 2001. 5 For subsequent amendments see Act No. 8 of 2003.] 11. Section 10 amended Section 10(f) is amended by deleting all of the paragraph after "right" and inserting instead -- " 10 to apply to the State Administrative Tribunal for a review of a decision of the Minister as to an application or licence; ". 12. Section 143 amended 15 Section 143(4)(g) is amended by deleting all of the paragraph after "right" and inserting instead -- " to apply to the State Administrative Tribunal for a review of a decision as to an application 20 or as to accreditation; ". Division 3 -- Aerial Spraying Control Act 1966 13. The Act amended The amendments in this Division are to the Aerial Spraying 25 Control Act 1966*. [* Reprint approved 28 August 1983. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 7.] page 5 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 4 Agricultural Produce (Chemical Residues) Act 1983 s. 14 14. Section 8 amended (1) Section 8(1) is amended by deleting all of the subsection after "Act, may" and inserting instead -- " 5 apply to the State Administrative Tribunal for a review of the decision to refuse, vary, suspend or cancel, as the case may be. ". (2) Section 8(2) and (3) are repealed. 10 15. Section 13A amended Section 13A(8) is amended by deleting all of the subsection after "section may" and inserting instead -- " apply to the State Administrative Tribunal for a review 15 of the decision to give the order. ". Division 4 -- Agricultural Produce (Chemical Residues) Act 1983 16. The Act amended The amendments in this Division are to the Agricultural 20 Produce (Chemical Residues) Act 1983*. [* Reprinted as at 6 September 2002.] 17. Section 8 amended Section 8(2) is amended as follows: (a) by deleting "appeal against" and inserting instead -- 25 " application for a review of "; (b) by deleting "appeal" in both of the other places where it occurs and inserting instead -- " application ". page 6 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Agricultural Produce (Chemical Residues) Act 1983 Division 4 s. 18 18. Section 20 amended (1) Section 20(1) is amended by deleting all of the subsection after "may" and inserting instead -- " 5 apply to the State Administrative Tribunal for a review of the decision to give the direction, to refuse to give approval, or to seize the thing, as the case requires. ". (2) Section 20(2) is repealed and the following subsections are 10 inserted instead -- " (2) In dealing with an application under subsection (1) for the review of a decision to seize anything, the State Administrative Tribunal may determine whether 15 anything so seized is to be forfeited to the Crown or restored to the person from whom it was seized. (3) Subsection (2) does not limit the powers that the State Administrative Tribunal Act 2003 gives the State Administrative Tribunal. 20 ". 19. Section 23 amended Section 23(3) is amended by deleting all of the subsection after "which an" and inserting instead -- " 25 application may be made in accordance with section 20 for a review of the decision to seize that thing or, where an application has been so made, before the determination of the application. ". page 7 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 5 Agricultural Produce Commission Act 1988 s. 20 Division 5 -- Agricultural Produce Commission Act 1988 20. The Act amended The amendments in this Division are to the Agricultural Produce Commission Act 1988*. 5 [* Reprinted as at 5 April 2002.] 21. Section 16 amended (1) Section 16(2) is amended by deleting all of the subsection after "fact may" and inserting instead -- " 10 apply to the State Administrative Tribunal for a review of the decision to include or omit the person's name. ". (2) Section 16(3) is repealed. Division 6 -- Agriculture and Related Resources Protection 15 Act 1976 22. The Act amended The amendments in this Division are to the Agriculture and Related Resources Protection Act 1976*. [* Reprinted as at 15 October 1999.] 20 23. Section 7 amended Section 7 is amended by deleting the definition of "Local Court". 24. Section 54 amended (1) Section 54(2) is repealed. page 8 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Animal Welfare Act 2002 Division 7 s. 25 (2) Section 54(4) is repealed and the following subsections are inserted instead -- " (4) An owner having only a partial interest or a particular 5 estate in the land may apply to the Protection Board for it to declare what portion of any expense of or incidental to the control of declared plants and declared animals on and in relation to the land paid or to be paid by the owner is to be borne by any other person having 10 a partial interest or an estate in the land, and the Protection Board may, subject to the provisions of this Act, make such declaration as in the circumstances it considers just, and an owner paying, or who has paid, more than that owner's proportion of the expenses as 15 declared by the Protection Board may, by action in a court of competent jurisdiction, recover the excess from any person the Protection Board declares to be liable to pay it. (5) A party dissatisfied with a decision of the Protection 20 Board under subsection (1) or (4) may apply to the State Administrative Tribunal for a review of the decision. ". Division 7 -- Animal Welfare Act 2002 25 25. The Act amended The amendments in this Division are to the Animal Welfare Act 2002*. [* Act No. 33 of 2002.] 26. Heading to Part 5 Division 4 amended 30 The heading to Part 5 Division 4 is amended by deleting "and appeals". page 9 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 7 Animal Welfare Act 2002 s. 27 27. Section 71 amended (1) Section 71(1) is amended in the definition of "appealable decision" by deleting "appealable" and inserting instead -- " reviewable ". 5 (2) Section 71(2) is amended by deleting "or appeal". 28. Section 72 amended Section 72(1) is amended as follows: (a) by deleting "an appealable" and inserting instead -- " a reviewable "; 10 (b) by deleting "lodged an appeal against" and inserting instead -- " applied for a review of ". 29. Section 74 amended (1) Section 74(1) is amended by deleting "an appealable decision 15 may appeal against" and inserting instead -- " a reviewable decision may apply to the State Administrative Tribunal for a review of ". 20 (2) Section 74(2) is amended by deleting "appeal against" and inserting instead -- " apply to the State Administrative Tribunal for a review of 25 ". (3) Section 74(3) and (4) are repealed. page 10 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Architects Act 1921 Division 8 s. 30 (4) Section 74(5) is amended as follows: (a) by deleting "appeal has been made against" and inserting instead -- " application for review has been made in relation to "; 5 (b) by deleting "court deals with the appeal under section 75(4), unless the court" and inserting instead -- " State Administrative Tribunal deals with the matter unless the Tribunal 10 ". 30. Section 75 repealed Section 75 is repealed. Division 8 -- Architects Act 1921 31. The Act amended 15 The amendments in this Division are to the Architects Act 1921*. [* Reprinted as at 26 February 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 22.] 20 32. Part 1 heading amended Before section 1 the heading "Preliminary" is deleted and the following Part heading is inserted instead -- " Part 1 -- Preliminary 25 ". 33. Section 2 amended Section 2(1) is amended by deleting the definition of "District Court". page 11 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 8 Architects Act 1921 s. 34 34. Part 2 heading amended Before section 5 the heading "The Architects' Board of Western Australia" is deleted and the following Part heading is inserted instead -- 5 " Part 2 -- The Architects' Board of Western Australia ". 35. Section 10 repealed 10 Section 10 is repealed. 36. Part 3 heading amended Before section 12 the heading "Registration" is deleted and the following Part heading is inserted instead -- " 15 Part 3 -- Registration ". 37. Section 12 amended Section 12(3)(c) is amended by deleting "District Court" and inserting instead -- 20 " State Administrative Tribunal made upon an application ". page 12 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Architects Act 1921 Division 8 s. 38 38. Section 14B amended (1) Section 14B(1) is amended as follows: (a) by deleting "Where the Board determines that" and inserting instead -- 5 " There is proper cause for disciplinary action in respect of a practising corporation if "; (b) by deleting the comma at the end of paragraph (d) and 10 inserting instead a full stop; (c) by deleting "the registration of that practising corporation as an architect under this Act is liable to be suspended or cancelled and the Board shall so notify the corporation.". 15 (2) Section 14B(2) and (3) are repealed. 39. Section 14D amended (1) Section 14D(1) is amended as follows: (a) by deleting "Where the Board determines that" and inserting instead -- 20 " There is proper cause for disciplinary action in respect of a practising firm if "; (b) by deleting the comma at the end of paragraph (d) and 25 inserting instead a full stop; (c) by deleting "the registration of that practising firm as an architect under this Act is liable to be suspended or cancelled and the Board shall so notify the firm.". (2) Section 14D(2) and (3) are repealed. page 13 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 8 Architects Act 1921 s. 40 40. Section 16 replaced Section 16 is repealed and the following section is inserted instead -- " 5 16. Application for review (1) Any person aggrieved by a reviewable decision of the Board, may apply to the State Administrative Tribunal for a review of the decision. (2) In subsection (1) -- 10 "person aggrieved" means a person -- (a) whose registration is affected by a reviewable decision; or (b) who applies for registration; "reviewable decision" means a decision under this 15 Part other than a decision to make an allegation to the State Administrative Tribunal. ". 41. Section 22 amended Section 22(1) is amended by deleting "District Court" and 20 inserting instead -- " State Administrative Tribunal ". 42. Section 22A amended (1) Section 22A(1) is amended by deleting "In this section, "misconduct" means the doing by a person registered under this 25 Act as an architect" and inserting instead -- " Proper causes for disciplinary action in respect of a person registered as an architect are the doing by the person 30 ". page 14 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Architects Act 1921 Division 8 s. 42 (2) Section 22A(1a) is amended by deleting "District Court" and inserting instead -- " State Administrative Tribunal ". (3) Section 22A(3) and (4) are repealed and the following 5 subsection is inserted instead -- " (3) The Board may allege to the State Administrative Tribunal that there is proper cause for disciplinary action, as mentioned in subsection (1) or in 10 sections 14B or 14D, against a registered person. ". (4) Section 22A(5) is amended as follows: (a) by deleting "If as the result of the inquiry the Board is of opinion that the person is guilty of the misconduct 15 alleged, the Board may by written order direct" and inserting instead -- " If in a proceeding commenced by an allegation under this section against a registered person the State 20 Administrative Tribunal is of opinion that proper cause exists for disciplinary action the State Administrative Tribunal may order "; (b) in paragraph (ab) by deleting "Board" and inserting 25 instead -- " State Administrative Tribunal "; (c) by deleting at the end of paragraph (b) the comma and "and" after it and inserting instead a full stop; (d) by deleting paragraph (c). 30 (5) Section 22A(6), (7), (8) and (9) are repealed. page 15 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 8 Architects Act 1921 s. 43 43. Section 22AB inserted After section 22A the following section is inserted -- " 22AB. Suspension of registration by State Administrative 5 Tribunal (1) Where the State Administrative Tribunal makes an order against a registered person and payment is not made in accordance with the order or the order is otherwise not complied with or is breached, the State Administrative 10 Tribunal may suspend the person's registration until the payment is made, or for such period or upon such event occurring as the State Administrative Tribunal thinks fit. (2) The power conferred on the State Administrative Tribunal by subsection (1) is in addition to, and does 15 not derogate from, the powers conferred on it by the State Administrative Tribunal Act 2003. ". 44. Section 25 amended Section 25(2) is repealed and the following subsection is 20 inserted instead -- " (2) Despite the resignation by an architect, this Act applies, for the purpose of enabling the person to be investigated or otherwise dealt with for a matter arising 25 before the resignation, as if the architect had not resigned. ". page 16 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Architects Act 1921 Division 8 s. 45 45. Part 4 heading amended Before section 26 the heading "Committee of Architectural Education" is deleted and the following Part heading is inserted instead -- 5 " Part 4 -- Committee of Architectural Education ". 46. Part 5 heading amended Before section 27 the heading "General Meeting of Architects" 10 is deleted and the following Part heading is inserted instead -- " Part 5 -- General Meeting of Architects ". 47. Part 6 heading amended 15 Before section 28 the heading "By-laws" is deleted and the following Part heading is inserted instead -- " Part 6 -- By-laws ". 20 48. Part 7 heading amended Before section 29 the heading "Miscellaneous" is deleted and the following Part heading is inserted instead -- " Part 7 -- Miscellaneous 25 ". page 17 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 8 Architects Act 1921 s. 49 49. Section 30 amended Section 30(b) is amended as follows: (a) by deleting "examination before" and inserting instead -- 5 " investigation by "; (b) by deleting "used in evidence before, or to be submitted to," and inserting instead -- " submitted to ". 50. Section 31 replaced by sections 31 to 31C 10 Section 31 is repealed and the following sections are inserted instead -- " 31. Powers of investigation (1) The Board may make any inquiry that the Board 15 considers necessary or expedient for the purposes of -- (a) determining any application or any other matter before the Board; (b) determining whether or not a person registered under this Act is or has been acting in 20 conformity with the conditions, if any, of the person's registration and is or has been complying with the requirements of this Act; (c) determining whether any other cause exists that might be considered by the Board a proper 25 cause for disciplinary action; or (d) detecting offences against this Act. (2) The Board may appoint an investigator to carry out an inquiry and report to the Board under this section. page 18 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Architects Act 1921 Division 8 s. 50 (3) The investigator may -- (a) require any person -- (i) to give the investigator such information as the investigator requires; and 5 (ii) to answer any question put to the person, in relation to any matter the subject of such inquiry; (b) require any person to produce any document to 10 the investigator; (c) enter at all reasonable times and search any premises and inspect any documents that the investigator finds on the premises; and (d) make a copy or abstract of any document 15 produced or inspected under this section, or of any entry made in the document. (4) A requirement made under subsection (3)(a) -- (a) may be made orally or by notice in writing served on the person required to give 20 information or answer a question, as the case may be; (b) shall specify the time at or within which the information is to be given or the question is to be answered, as the case may be; and 25 (c) may, by its terms, require that the information or answer required -- (i) be given orally or in writing; (ii) be given at or sent or delivered to any place specified in the requirement; 30 (iii) in the case of written information or answers, be sent or delivered by any means specified in the requirement; and page 19 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 8 Architects Act 1921 s. 50 (iv) be given on oath or affirmation or by statutory declaration for which purpose the investigator may administer an oath or affirmation and have the authority of 5 a commissioner for declarations. (5) A requirement made under subsection (3)(b) -- (a) shall be made by notice in writing served on the person required to produce a document; (b) shall specify the time at or within which the 10 document is to be produced; and (c) may, by its terms, require that the document be produced -- (i) at any place specified in the requirement; and 15 (ii) by any means specified in the requirement. (6) Where under subsection (3)(a) an investigator orally requires a person to give any information or answer any question, the investigator shall inform that person 20 that he or she is required under this Act to give the information or answer the question, as the case may be. (7) Where under subsection (3)(a) or (b) a person is required by notice in writing to give any information, answer any question, or produce any document, the 25 notice shall state that he or she is required under this Act to give the information, answer the question, or produce the document, as the case may be. (8) Before entering any premises under this section the investigator -- 30 (a) shall obtain a warrant to do so from a magistrate or Justice of the Peace which warrant the magistrate or Justice of the Peace is authorised to issue upon being satisfied that the page 20 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Architects Act 1921 Division 8 s. 50 entry is sought in good faith for the purpose of carrying out an inquiry under this section; and (b) shall display to the person, if any, giving the investigator entry, a document signed by the 5 Board and certifying that he or she is an investigator appointed by the Board. 31A. Incriminating information, questions, or documents Without prejudice to the provisions of section 11 of the Evidence Act 1906, where under section 31 a person is 10 required to -- (a) give any information; (b) answer any question; or (c) produce any document, the person shall not refuse to comply with that 15 requirement on the ground that the information, answer, or document may tend to incriminate the person or render the person liable to any penalty, but the information or answer given, or document produced, by the person shall not be admissible in 20 evidence in any proceedings against the person other than proceedings in respect of an offence against section 31B(1)(b). 31B. Failure to comply with investigation (1) Where under section 31 a person is required to give 25 any information, answer any question, or produce any document and that person, without reasonable excuse (proof of which shall lie on him or her) -- (a) fails to give that information or answer that question at or within the time specified in the 30 requirement; (b) gives any information or answer that is false in any particular; or page 21 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 8 Architects Act 1921 s. 50 (c) fails to produce that document at or within the time specified in the requirement, the person commits an offence. Penalty: $2 000. 5 (2) It is a defence in any proceeding for an offence under subsection (1)(a) or (c) for the defendant to show -- (a) that, in the case of an alleged offence arising out of a requirement made orally under section 31, the investigator did not, when 10 making the requirement, inform the defendant that he or she was required under this Act to give the information or answer the question, as the case may be; (b) that, in the case of an alleged offence arising 15 out of a requirement made by notice in writing under section 31, the notice did not state that he or she was required under this Act to give the information, answer the question, or produce the document, as the case may be; 20 (c) that the time specified in the requirement did not afford the defendant sufficient notice to enable him or her to comply with the requirement; or (d) that, in any case, the investigator did not, before 25 making the requirement, have reasonable grounds to believe that compliance with the requirement would materially assist in the inquiry being carried out. page 22 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Architects Act 1921 Division 8 s. 51 31C. Obstruction of investigator A person shall not prevent or attempt to prevent an investigator from entering premises or otherwise obstruct or impede an investigator in the exercise of his 5 or her powers under section 31. Penalty: $2 000. ". 51. Section 35 amended After section 35(1) the following subsection is inserted -- 10 " (1a) The Board's annual report is to include details of -- (a) the number, nature, and outcome, of -- (i) investigations and inquiries undertaken by, or at the direction of, the Board; and 15 (ii) matters that have been brought before the State Administrative Tribunal by the Board; (b) the number and nature of matters referred to in paragraph (a) that are outstanding; 20 (c) any trends or special problems that may have emerged; (d) forecasts of the workload of the Board in the year after the year to which the report relates; and 25 (e) any proposals for improving the operation of the Board. ". page 23 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 9 Armadale Redevelopment Act 2001 s. 52 Division 9 -- Armadale Redevelopment Act 2001 52. The Act amended The amendments in this Division are to the Armadale Redevelopment Act 2001*. 5 [* Act No. 25 of 2001.] 53. Section 50 replaced Section 50 is repealed and the following section is inserted instead -- " 10 50. Review of certain decisions An applicant may apply to the State Administrative Tribunal for a review, in accordance with Part V of the Town Planning Act, of a decision of the Authority under section 48 in respect of the applicant's 15 application. ". 54. Section 52 amended (1) Section 52(2) is amended by deleting all of the subsection after "may" and inserting instead -- 20 " apply to the State Administrative Tribunal for a review, in accordance with Part V of the Town Planning Act, of the decision to give the direction. ". 25 (2) Section 52(3) is amended by deleting "appeal" and inserting instead -- " application ". page 24 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Associations Incorporation Act 1987 Division 10 s. 55 (3) Section 52(4) is amended by deleting "Town Planning Appeal Tribunal" in both places where it occurs and inserting instead -- " State Administrative Tribunal ". Division 10 -- Associations Incorporation Act 1987 5 55. The Act amended The amendments in this Division are to the Associations Incorporation Act 1987*. [* Reprinted as at 20 August 1999. For subsequent amendments see Western Australian 10 Legislation Information Tables for 2002, Table 1, p. 25 and Act No. 20 of 2003.] 56. Section 4 amended (1) Section 4(6) is amended by deleting all of the subsection after "may" and inserting instead -- 15 " apply to the State Administrative Tribunal for a review of the decision of the Commissioner. ". (2) Section 4(7) is repealed. 20 57. Section 7 amended (1) Section 7(2) is amended by deleting all of the subsection after "refusal" and inserting instead -- " , apply to the State Administrative Tribunal for a 25 review of the decision of the Commissioner. ". (2) Section 7(3) is repealed. page 25 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 10 Associations Incorporation Act 1987 s. 58 58. Section 8 amended (1) Section 8(2) is amended by deleting all of the subsection after "may" and inserting instead -- " 5 apply to the State Administrative Tribunal for a review of the decision of the Commissioner. ". (2) Section 8(3) is repealed. 59. Section 9 amended 10 (1) Section 9(3) is amended by deleting all of the subsection after "may" and inserting instead -- " apply to the State Administrative Tribunal for a review of the decision of the Commissioner. 15 ". (2) Section 9(4) is repealed. 60. Section 18 amended (1) Section 18(4) is amended by deleting all of the subsection after "may" and inserting instead -- 20 " apply to the State Administrative Tribunal for a review of the decision of the Commissioner. ". (2) Section 18(5) is repealed. page 26 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Biological Control Act 1986 Division 11 s. 61 61. Section 19 amended (1) Section 19(3) is amended by deleting all of the subsection after "may" and inserting instead -- " 5 apply to the State Administrative Tribunal for a review of the decision of the Commissioner. ". (2) Section 19(4) is repealed. Division 11 -- Biological Control Act 1986 10 62. The Act amended The amendments in this Division are to the Biological Control Act 1986*. [* Act No. 106 of 1986. For subsequent amendments see Western Australian 15 Legislation Information Tables for 2002, Table 1, p. 34.] 63. Section 3 amended Section 3(1) is amended by deleting the definition of "Board". 64. Section 54 amended (1) Section 54(1) is amended by deleting "in accordance with the 20 regulations appeal to a Biological Control Appeal Board appointed under section 55." and inserting instead -- " apply to the State Administrative Tribunal for a review of the decision. 25 ". (2) Section 54(2) is amended by deleting "and in sections 56 and 58". page 27 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 12 Births, Deaths and Marriages Registration Act 1998 s. 65 65. Sections 55 to 58 repealed Sections 55, 56, 57 and 58 are repealed. Division 12 -- Births, Deaths and Marriages Registration Act 1998 5 66. The Act amended The amendments in this Division are to the Births, Deaths and Marriages Registration Act 1998*. [* Act No. 39 of 1998. For subsequent amendments see Western Australian 10 Legislation Information Tables for 2002, Table 1, p. 34.] 67. Section 67 amended (1) Section 67(1) is amended by deleting "Minister" and inserting instead -- " State Administrative Tribunal ". 15 (2) Section 67(2) is repealed. Division 13 -- Boxing Control Act 1987 68. The Act amended The amendments in this Division are to the Boxing Control Act 1987*. 20 [* Act No. 2 of 1987. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 36.] page 28 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Boxing Control Act 1987 Division 13 s. 69 69. Part V heading replaced The heading to Part V is deleted and the following heading is inserted instead -- " 5 Part V -- Review ". 70. Section 34 amended (1) Section 34(1) is amended by deleting all of the subsection after "may" and inserting instead -- 10 " apply to the State Administrative Tribunal for a review of the decision, condition or restriction. ". (2) Section 34(2), (3), (4) and (5) are repealed. 15 71. Section 40 amended Section 40(a) and (b) are deleted and the following paragraphs are inserted instead -- " (a) where the book is surrendered under section 39 20 as a consequence of the suspension of registration and no application for review is made in relation to the suspension -- as soon as practicable after the suspension; (b) where the book is surrendered under section 39 25 and, on application made for a review of a decision of the Commission to cancel or suspend registration, the decision is set aside -- as soon as is practicable after the decision is set aside. 30 ". page 29 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 14 Bread Act 1982 s. 72 Division 14 -- Bread Act 1982 72. The Act amended The amendments in this Division are to the Bread Act 1982*. [* Reprinted as at 15 November 2002.] 5 73. Section 7 amended (1) Section 7(5) is amended by deleting all of the subsection after "holder may" and inserting instead -- " apply to the State Administrative Tribunal for a review 10 of the decision. ". (2) Section 7(6), (7) and (8) are repealed. Division 15 -- Builders' Registration Act 1939 74. The Act amended 15 The amendments in this Division are to the Builders' Registration Act 1939*. [* Reprinted as at 11 January 2002.] 75. Section 6 amended Section 6(3) is amended by deleting "Subject to section 13(4), 20 4" and inserting instead -- " Four ". 76. Section 8 amended Section 8(1) is amended as follows: (a) in paragraph (c) by deleting "or cancel"; 25 (b) by deleting paragraphs (d) and (e). page 30 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Builders' Registration Act 1939 Division 15 s. 77 77. Section 10D amended Section 10D is amended by deleting "by any" and inserting instead -- " under any ". 5 78. Section 12A amended Section 12A(5) is amended as follows: (a) by deleting "appeal" in both places where it occurs and inserting instead -- " application "; 10 (b) by deleting "against the making" and inserting instead -- " for a review "; (c) by inserting after "Board" -- " or the State Administrative Tribunal "; 15 (d) by deleting "under section 13". 79. Section 12D inserted Before section 13 the following section is inserted -- " 12D. Allegation of cause for disciplinary action 20 The Board may allege to the State Administrative Tribunal that there is proper cause for disciplinary action, as mentioned in section 13, against a builder who is registered under this Act. ". page 31 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 15 Builders' Registration Act 1939 s. 80 80. Section 13 amended (1) Section 13(1) is amended as follows: (a) by deleting "The Board may cancel or suspend registration of any builder under this Act" and inserting 5 instead -- " In a proceeding commenced by an allegation under section 12D the State Administrative Tribunal may cancel or suspend the registration of any builder under 10 this Act because there is proper cause for disciplinary action "; (b) in paragraph (f) by deleting "under this Act"; (c) by deleting the comma and all of the subsection after 15 paragraph (g)(ii) and inserting instead a full stop. (2) Section 13(1a) is amended as follows: (a) by deleting "Board after the holding of an inquiry into a matter or matters arising under subsection (1), the Board" and inserting instead -- 20 " State Administrative Tribunal, the State Administrative Tribunal "; (b) by deleting ", without further inquiry". 25 (3) Section 13(1ba) is amended as follows: (a) by deleting "Board after the holding of an inquiry into a matter or matters arising under subsection (1), the Board" and inserting instead -- " 30 State Administrative Tribunal, the State Administrative Tribunal "; page 32 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Builders' Registration Act 1939 Division 15 s. 81 (b) by deleting ", without further inquiry". (4) Section 13(1bb) is amended as follows: (a) by deleting "Board" and inserting instead -- " State Administrative Tribunal "; 5 (b) by deleting paragraph (a) and "and" after it. (5) Section 13(1c), (2), (3) and (4) are repealed and the following subsections are inserted instead -- " (2) On the application of the Board or the builder whose 10 registration is suspended or has been cancelled, the State Administrative Tribunal may order that the suspension of a registration is terminated or a registration that has been cancelled be reinstated. (3) An application for the termination of a suspension or 15 the reinstatement of a registration that was cancelled cannot be made before the expiry of a period of 3 months after the day on which the registration was suspended or cancelled. ". 20 81. Section 13A amended Section 13A is amended as follows: (a) by deleting "after the holding of a full inquiry in accordance with section 13 the Board" and inserting instead -- 25 " the State Administrative Tribunal "; (b) by deleting "Board" in the second place where it occurs and inserting instead -- " State Administrative Tribunal ". page 33 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 15 Builders' Registration Act 1939 s. 82 82. Section 14 replaced Section 14 is repealed and the following section is inserted instead -- " 5 14. Application for review (1) A person aggrieved by a reviewable decision of the Board in relation to that person may apply to the State Administrative Tribunal for a review of the decision. (2) In subsection (1) -- 10 "person aggrieved" means a person -- (a) whose registration as a builder is affected by a reviewable decision; or (b) who applies for registration; "reviewable decision" means a decision of the 15 Board -- (a) refusing or suspending registration; or (b) granting registration on a condition or conditions. ". 20 83. Section 17 amended (1) Section 17(1) is amended by deleting "or inquiry". (2) Section 17(2), (3), (4) and (5) are repealed. 84. Section 17A inserted After section 17 the following section is inserted -- 25 " 17A. Suspension of registration by State Administrative Tribunal (1) Where the State Administrative Tribunal makes an order against a registered builder and payment is not made in page 34 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Builders' Registration Act 1939 Division 15 s. 85 accordance with the order or the order is otherwise not complied with or is breached, the State Administrative Tribunal may suspend the registration until the payment is made, or for such period or upon such event 5 occurring as the State Administrative Tribunal thinks fit. (2) The power conferred on the State Administrative Tribunal by subsection (1) is in addition to, and does not derogate from, the powers conferred on it by the State Administrative Tribunal Act 2003. 10 ". 85. Section 19A inserted After section 19 the following section is inserted -- " 19A. Surrender of registration or certificate 15 Despite the surrender by a person of the person's registration, or a certificate issued to the person under this Act, this Act applies, for the purpose of enabling the person to be investigated or otherwise dealt with for a matter arising before the surrender, as if the 20 registration or certificate had not been surrendered. ". 86. Section 22 amended Section 22(4) is amended by inserting after "20B" -- " 25 but excluding penalties ordered by the State Administrative Tribunal ". page 35 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 15 Builders' Registration Act 1939 s. 87 87. Section 23B amended After section 23B(1a) the following subsection is inserted -- " (1b) The Board's annual report is to include details of -- 5 (a) the number, nature, and outcome, of -- (i) investigations and inquiries undertaken by, or at the direction of, the Board; and (ii) matters that have been brought before the State Administrative Tribunal under 10 this Act; (b) the number and nature of matters referred to in paragraph (a) that are outstanding; (c) any trends or special problems that may have emerged; 15 (d) forecasts of the workload of the Board in the year after the year to which the report relates; and (e) any proposals for improving the operation of the Board. 20 ". 88. Section 41 amended (1) Section 41(1) is amended by deleting all of the subsection after "may" and inserting instead -- " 25 apply to the State Administrative Tribunal for a review of a decision of the Disputes Tribunal. ". page 36 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Builders' Registration Act 1939 Division 15 s. 89 (2) Section 41(2), (3) and (4) are repealed and the following subsection is inserted instead -- " (2) An application for a review cannot be made under 5 subsection (1) unless the State Administrative Tribunal gives leave. ". (3) Section 41(5) is amended by deleting "District Court" in both places where it occurs and inserting instead -- 10 " State Administrative Tribunal ". 89. Section 42 amended (1) Section 42(1) and (2) are amended by deleting "District Court" and inserting instead -- " State Administrative Tribunal ". 15 (2) Section 42(3) is amended by deleting "District Court has jurisdiction to consider and determine any case stated and to" and inserting instead -- " State Administrative Tribunal may determine any case 20 stated and ". (3) After section 42(3) the following subsection is inserted -- " (4) When dealing with the substance of a case stated under 25 this section, the State Administrative Tribunal is to be constituted by a judicial member as defined in section 3(1) of the State Administrative Tribunal Act 2003. ". page 37 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 16 Business Names Act 1962 s. 90 Division 16 -- Business Names Act 1962 90. The Act amended The amendments in this Division are to the Business Names Act 1962*. 5 [* Reprinted as at 16 February 2001. For subsequent amendments see Act No. 20 of 2003.] 91. Section 14 amended (1) After section 14(1) the following subsection is inserted -- " 10 (1a) Subsection (1) applies as if the State Administrative Tribunal were a court and a proceeding before it were an action. ". (2) After section 14(2) the following subsection is inserted -- 15 " (3) The power given by this section to the State Administrative Tribunal is exercisable only by a person who is a judicial member or a senior member, as defined in section 3(1) of the State Administrative 20 Tribunal Act 2003. ". 92. Section 19 amended (1) Section 19(3) is amended by deleting all of the subsection after "apply to the" and inserting instead -- 25 " State Administrative Tribunal for a review of the Commissioner's decision to cancel the registration of the business name. ". page 38 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Caravan Parks and Camping Grounds Act 1995 Division 17 s. 93 (2) Section 19(4) is repealed and the following subsection is inserted instead -- " (4) The time within which the application may be made is 5 unlimited. ". (3) Section 19(5) is amended by deleting "Upon the making of an order by the Supreme Court under subsection (4)" and inserting instead -- 10 " If the State Administrative Tribunal sets aside the Commissioner's decision to cancel the registration of the business name ". 15 Division 17 -- Caravan Parks and Camping Grounds Act 1995 93. The Act amended (1) The amendments in this Division are to the Caravan Parks and Camping Grounds Act 1995*. [* Act No. 34 of 1995. 20 For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 45.] 94. Section 7 amended Section 7(8) is amended by deleting "appeal to the Minister." and inserting instead -- 25 " apply to the State Administrative Tribunal for a review of the decision. ". page 39 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 17 Caravan Parks and Camping Grounds Act 1995 s. 95 95. Section 10 amended Section 10(2)(b) is amended by deleting "appeal to the Minister." and inserting instead -- " 5 apply to the State Administrative Tribunal for a review of the decision to give the notice. ". 96. Section 11 amended Section 11(3) is repealed. 10 97. Section 12 amended Section 12(4) is amended by deleting "appeal to the Minister." and inserting instead -- " apply to the State Administrative Tribunal for a review 15 of the decision. ". 98. Section 21 amended Section 21(6) is amended by deleting "appeal to the Minister." and inserting instead -- 20 " apply to the State Administrative Tribunal for a review of the decision to give the works specification notice or the decision under subsection (5), as the case requires. ". page 40 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Cemeteries Act 1986 Division 18 s. 99 99. Section 27 replaced Section 27 is repealed and the following section is inserted instead -- " 5 27. Review A person who is aggrieved by a decision of a local government under section 7, 10, 12, or 21 may apply to the State Administrative Tribunal for a review of that decision. 10 ". 100. Section 28 amended Section 28(2)(h) is deleted. 101. Section 34 amended Section 34(4) is amended by deleting all of the subsection after 15 "may" and inserting instead -- " apply to the State Administrative Tribunal for a review of the decision. ". 20 Division 18 -- Cemeteries Act 1986 102. The Act amended (1) The amendments in this Division are to the Cemeteries Act 1986*. [* Reprinted as at 3 April 2002.] page 41 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 19 Chattel Securities Act 1987 s. 103 103. Section 19 amended (1) Section 19(2) is amended by deleting "appeal to a Local Court against" and inserting instead -- " apply to the State Administrative Tribunal for a review of ". 5 (2) Section 19(3), (4), (5) and (6) are repealed. Division 19 -- Chattel Securities Act 1987 104. The Act amended The amendments in this Division are to the Chattel Securities Act 1987*. 10 [* Reprinted as at 13 December 2002. For subsequent amendments see Act No. 20 of 2003.] 105. Section 3 amended Section 3(1) is amended by deleting the definition of "tribunal". 106. Section 26 amended 15 (1) Section 26(1) is amended by deleting "is entitled to appeal to the Tribunal" and inserting instead -- " may apply to the State Administrative Tribunal for a review of the decision 20 ". (2) Section 26(2) is repealed. 107. Sections 27 and 28 repealed Section 27 and 28 are repealed. page 42 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Chicken Meat Industry Act 1977 Division 20 s. 108 108. Section 29 amended Section 29 is amended by deleting "or the Tribunal under this Act" and inserting instead -- " 5 under this Act or to give effect to a decision arising from an application made under this Act to the State Administrative Tribunal ". Division 20 -- Chicken Meat Industry Act 1977 10 109. The Act amended The amendments in this Division are to the Chicken Meat Industry Act 1977*. [* Act No. 58 of 1977. For subsequent amendments see Western Australian 15 Legislation Information Tables for 2002, Table 1, p. 49.] 110. Section 18 amended (1) Section 18(2) is amended by deleting all of the subsection after "may" and inserting instead -- " 20 apply to the State Administrative Tribunal for a review of that determination. ". (2) Section 18(3) is amended by deleting "appeal is lodged under subsection (2) within the time prescribed by that subsection or 25 an appeal so lodged" and inserting instead -- " application is made under subsection (2) within the time prescribed for making the application or an application is made but 30 ". page 43 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 21 Chiropractors Act 1964 s. 111 (3) Section 18(4) is repealed. 111. Section 19A amended (1) Section 19A(11) is amended by deleting all of the subsection after "decision may" and inserting instead -- 5 " apply to the State Administrative Tribunal for a review of the decision. "; (2) Section 19A(12) is repealed; 10 (3) Section 19A(13) is amended by deleting "In exercising their powers and functions under this section the Committee and the Minister" and inserting instead -- " The Committee, in exercising its powers and functions 15 under this section, and the State Administrative Tribunal, in dealing with an application under this section for review, ". Division 21 -- Chiropractors Act 1964 20 112. The Act amended The amendments in this Division are to the Chiropractors Act 1964*. [* Reprinted as at 7 December 2001.] 113. Section 16C amended 25 After section 16C(1) the following subsection is inserted -- " (1a) The Board's annual report is to include details of -- (a) the number, nature, and outcome, of -- (i) investigations and inquiries undertaken 30 by, or at the direction of, the Board; and page 44 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Chiropractors Act 1964 Division 21 s. 114 (ii) matters that have been brought before the State Administrative Tribunal by the Board; (b) the number and nature of matters referred to in 5 paragraph (a) that are outstanding; (c) any trends or special problems that may have emerged; (d) forecasts of the workload of the Board in the year after the year to which the report relates; 10 and (e) any proposals for improving the operation of the Board. ". 114. Section 18 amended 15 Section 18(1) is amended as follows: (a) in paragraph (h) by deleting ", and the inquiry by the Board into that charge or complaint, and for fixing penalties in relation thereto"; (b) after paragraph (h) by inserting -- 20 " (ha) for regulating the making of allegations in respect of disciplinary matters by the Board to the State Administrative Tribunal, and for fixing penalties in relation thereto; 25 ". 115. Section 20A amended (1) Section 20A(1) is amended as follows: (a) after paragraph (b) by inserting "or"; (b) by deleting at the end of paragraph (c) the semicolon 30 and "or" after it and inserting instead a comma; (c) by deleting paragraph (d); page 45 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 21 Chiropractors Act 1964 s. 116 (d) by deleting all of the subsection after "may" and inserting instead -- " apply to the State Administrative Tribunal for a review 5 of the decision. ". (2) Section 20A(2) and (3) are repealed. 116. Part IVA inserted After section 21 the following Part is inserted -- 10 " Part IVA -- Investigation 21A. Investigator (1) The Board may appoint a person to investigate any matter relevant to the performance of the Board's 15 functions under this Act and report to the Board. (2) The Board is to issue to each investigator it appoints a certificate of appointment in an approved form. (3) A certificate purporting to have been issued under this section is evidence in any court of the appointment to 20 which the certificate purports to relate. 21B. Report of investigator (1) An investigator must -- (a) within such period as the Board requires prepare a report on the investigation; and 25 (b) immediately after preparing the report, provide the Board with a copy of the report. (2) The investigator must return his certificate of appointment at the time the Board is provided with a copy of the report. page 46 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Chiropractors Act 1964 Division 21 s. 116 21C. Powers of investigator (1) An investigator may for the purposes of an investigation -- (a) enter and inspect the premises of a person 5 named in a warrant issued under section 21E(1), and exercise the powers referred to in section 21E(2)(b) and (c); (b) require a person to produce to the investigator any document or other thing concerning the 10 investigation that is in the possession or under the control of the person; (c) inspect any document or other thing produced to the investigator and retain it for such reasonable period as the investigator thinks fit, 15 and make copies of a document or any of its contents; (d) require a person -- (i) to give the investigator such information as the investigator requires; and 20 (ii) to answer any question put to that person, in relation to the matter the subject of the investigation; and (e) exercise other powers conferred on an 25 investigator by the regulations. (2) A requirement made under subsection (1)(b) -- (a) must be made by notice in writing given to the person required to produce the document or other thing; 30 (b) must specify the time at or within which the document or other thing is to be produced; page 47 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 21 Chiropractors Act 1964 s. 116 (c) may, by its terms, require that the document or other thing required be produced at a place and by means specified in the requirement; and (d) where the document required is not in a 5 readable format, must be treated as a requirement to produce -- (i) the document itself; and (ii) the contents of the document in a readable format. 10 (3) A requirement made under subsection (1)(d) -- (a) may be made orally or by notice in writing served on the person required to give information or answer a question, as the case may be; 15 (b) must specify the time at or within which the information is to be given or the question is to be answered, as the case may be; and (c) may, by its terms, require that the information or answer required -- 20 (i) be given orally or in writing; (ii) be given at or sent or delivered to a place specified in the requirement; (iii) in the case of written information or answers be sent or delivered by means 25 specified in the requirement; and (iv) be verified by statutory declaration. (4) If under subsection (1)(d) an investigator requires a person to give information or answer a question, the investigator must inform that person that the person is 30 required under this Act to give the information or answer the question. page 48 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Chiropractors Act 1964 Division 21 s. 116 (5) An investigator must produce his certificate of appointment if requested to do so by a person in respect of whom the investigator has exercised, or is about to exercise, a power under this section. 5 21D. Warrant to enter premises (1) If the Board has determined in a particular case that an investigator has reasonable grounds for believing that entry to premises is necessary for the purpose of substantiating a complaint that may involve a threat to 10 the physical or mental health of a person the investigator may apply to a magistrate for a warrant to be issued in respect of those premises. (2) An application for a warrant must -- (a) be in writing; 15 (b) be accompanied by a notice in writing from the Board stating that it has determined in the particular case that the investigator has reasonable grounds for believing that entry to premises is necessary for the purpose of 20 substantiating a complaint that may involve a threat to the physical or mental health of a person; (c) set out the grounds for seeking the warrant; and (d) describe the premises that are to be entered. 25 (3) A magistrate to whom an application is made under this section must refuse it if -- (a) the application does not comply with the requirements of this Act; or (b) when required to do so by the magistrate, the 30 investigator does not give to the magistrate more information about the application. page 49 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 21 Chiropractors Act 1964 s. 116 (4) The information in an application or given to a magistrate under this section must be verified before the magistrate on oath or affirmation or by affidavit, and the magistrate may for that purpose administer an 5 oath or affirmation or take an affidavit. 21E. Issue of warrant (1) A magistrate to whom an application is made under section 21D may issue a warrant, if satisfied that there are reasonable grounds for believing that entry and 10 inspection of the premises are necessary for the purpose referred to in that section. (2) A warrant under subsection (1) authorises the investigator -- (a) to enter and inspect the premises named in the 15 warrant; (b) to require a person on the premises to answer questions or produce documents or other things in the person's possession concerning the investigation; and 20 (c) to inspect documents and other things, and take copies of or extracts from documents, produced in compliance with a requirement made under paragraph (b). (3) There must be stated in a warrant -- 25 (a) the purpose for which the warrant is issued; (b) the name of the person to whom the warrant is issued; and (c) a description of the premises that may be entered. 30 (4) A magistrate who issues a warrant must cause a record to be made of particulars of the grounds that the magistrate has relied on to justify the issue of the warrant. page 50 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Commercial Tenancy (Retail Shops) Agreements Act 1985 Division 22 s. 117 21F. Execution of warrant (1) If asked by the occupier or a person in charge of the premises, the person executing a warrant must produce it for inspection. 5 (2) A warrant ceases to have effect -- (a) at the end of the period of one month after its issue; (b) if it is withdrawn by the magistrate who issued it; or 10 (c) when it is executed, whichever occurs first. ". Division 22 -- Commercial Tenancy (Retail Shops) Agreements Act 1985 15 117. The Act amended The amendments in this Division are to the Commercial Tenancy (Retail Shops) Agreements Act 1985*. [* Reprinted as at 21 July 2000. For subsequent amendments see Western Australian 20 Legislation Information Tables for 2002, Table 1, p. 59.] 118. Section 3 amended Section 3(1) is amended as follows: (a) by deleting the definition of "Registrar"; (b) in the definition of "Tribunal" by deleting "Commercial 25 Tribunal of Western Australia established under the Commercial Tribunal Act 1984" and inserting instead -- " State Administrative Tribunal ". page 51 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 22 Commercial Tenancy (Retail Shops) Agreements Act 1985 s. 119 119. Section 4 amended Section 4(2) is amended as follows: (a) by deleting "Sections 16 to 21 apply" and inserting instead -- 5 " Section 16 applies "; (b) by deleting "sections 22 and 27 have" and inserting instead -- " section 27 has ". 120. Section 9 amended 10 Section 9(3) is amended by deleting "in the Tribunal or" and inserting instead -- " upon an application to the Tribunal for an order that the money sought be paid or in 15 ". 121. Section 11 amended (1) Section 11(5) is amended by deleting "Registrar" in each place where it occurs and inserting instead -- " Tribunal ". 20 (2) Section 11(6) and (7) are repealed. (3) Section 11(8) is amended by deleting "Registrar" in each place where it occurs and inserting instead -- " Tribunal ". 122. Section 12 amended 25 Section 12(1)(b) is amended by deleting "Registrar" and inserting instead -- " Tribunal ". page 52 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Commercial Tenancy (Retail Shops) Agreements Act 1985 Division 22 s. 123 123. Section 12A amended (1) Section 12A(3)(e)(ii) is amended by deleting "Registrar" and inserting instead -- " Tribunal ". 5 (2) Section 12A(4) is amended by deleting "Registrar" in each place where it occurs and inserting instead -- " Tribunal ". 124. Section 12B amended (1) Section 12B(3)(e)(ii) is amended by deleting "Registrar" and 10 inserting instead -- " Tribunal ". (2) Section 12B(4) is amended by deleting "Registrar" in each place where it occurs and inserting instead -- " Tribunal ". 15 125. Section 13 amended (1) Section 13(3)(a) is amended as follows: (a) by deleting "Registrar" and inserting instead -- " Tribunal "; (b) by deleting "he" and inserting instead -- 20 " it ". (2) Section 13(3a) is amended by deleting "Registrar" in each place where it occurs and inserting instead -- " Tribunal ". (3) Section 13(6) is amended by deleting "Registrar" in each place 25 where it occurs and inserting instead -- " Tribunal ". page 53 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 22 Commercial Tenancy (Retail Shops) Agreements Act 1985 s. 126 (4) Section 13(7) is amended as follows: (a) by deleting "Registrar" and inserting instead -- " Tribunal "; (b) by deleting "him" and inserting instead -- 5 " it "; (c) by deleting "he" and inserting instead -- " it ". (5) Section 13(7a) is amended as follows: (a) by deleting "Registrar" and inserting instead -- 10 " Tribunal "; (b) after "exercise" by deleting "his" and inserting instead -- " its ". (6) Section 13(7b) is amended as follows: 15 (a) by deleting "Registrar" and inserting instead -- " Tribunal "; (b) by deleting "he" and inserting instead -- " it ". 126. Section 13A amended 20 (1) Section 13A(2) is amended by deleting "Registrar" in each place where it occurs and inserting instead -- " Tribunal ". (2) Section 13A(3) is amended as follows: (a) by deleting "Registrar" in each place where it occurs and 25 inserting instead -- " Tribunal "; page 54 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Commercial Tenancy (Retail Shops) Agreements Act 1985 Division 22 s. 127 (b) by deleting "him" and inserting instead -- " it ". 127. Section 15 amended Section 15(1)(b) is amended by deleting "Registrar" and 5 inserting instead -- " Tribunal ". 128. Section 16 amended (1) Section 16(1) is amended by deleting "Registrar" in each place where it occurs and inserting instead -- 10 " Tribunal ". (2) Section 16(2) is amended as follows: (a) by deleting "Registrar" in each place where it occurs and inserting instead -- " Tribunal "; 15 (b) in paragraph (a) by deleting "he" and inserting instead -- " it "; (c) in paragraph (b) by deleting "sections 22(f) and" and inserting instead -- 20 " section ". (3) After section 16(2) the following subsection is inserted -- " (3) Nothing in this section prevents a matter or question from being dealt with through a compulsory conference 25 or mediation process under the State Administrative Tribunal Act 2003. ". page 55 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 22 Commercial Tenancy (Retail Shops) Agreements Act 1985 s. 129 129. Sections 18 to 25 repealed Sections 18, 19, 20, 21, 22, 23, 24 and 25 are repealed. 130. Section 26 amended (1) Section 26(1) is amended by deleting "Commercial Tribunal 5 Act 1984" and inserting instead -- " State Administrative Tribunal Act 2003 ". (2) Section 26(2) and (4) are repealed. 131. Section 27 amended (1) Section 27(1) is amended by deleting "Registrar" in each place 10 where it occurs and inserting instead -- " Tribunal ". (2) Section 27(2) is amended by deleting "Registrar" in each place where it occurs and inserting instead -- " Tribunal ". 15 (3) Section 27(3) is amended as follows: (a) after "referred to the" by deleting "Registrar" and inserting instead -- " Tribunal "; (b) in paragraph (b) by deleting "his or its own motion, the 20 Registrar or, where the matter has been referred by the Registrar to the Tribunal under section 22, the" and inserting instead -- " its own motion, the ". 132. Section 29 repealed 25 Section 29 is repealed. page 56 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Community Services Act 1972 Division 23 s. 133 Division 23 -- Community Services Act 1972 133. The Act amended The amendments in this Division are to the Community Services Act 1972*. 5 [* Reprinted as at 5 April 2002.] 134. Section 17C amended (1) Section 17C(1) is amended by deleting all of the subsection after "officer, may" and inserting instead -- " 10 apply to the State Administrative Tribunal for a review of the decision of the Director-General. ". (2) Section 17C(3) and (4) are repealed. Division 24 -- Competition Policy Reform (Western Australia) 15 Act 1996 135. The Act amended The amendments in this Division are to the Competition Policy Reform (Western Australia) Act 1996*. [* Reprinted as at 6 July 2001. 20 For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 64.] 136. Section 45 amended Section 45 is amended as follows: (a) by deleting the definitions of "Chairman", "Commercial 25 Tribunal", "Deputy Chairman" and "Registrar"; page 57 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 25 Consumer Affairs Act 1971 s. 137 (b) by inserting the following definition in the appropriate alphabetical position -- " "executive officer of the State Administrative 5 Tribunal" has the meaning given to the term "executive officer" in section 3(1) of the State Administrative Tribunal Act 2003; ". 137. Section 52 amended 10 Section 52 is amended as follows: (a) in paragraph (b) by deleting "Commercial Tribunal" and inserting instead -- " State Administrative Tribunal "; (b) by deleting paragraphs (c), (d) and (e) and inserting 15 instead -- " (c) to the Chairperson is taken to be a reference to the Commissioner; (d) to the Deputy Chairperson is taken to be a 20 reference to the Commissioner; (e) to the Registrar is taken to be a reference to the executive officer of the State Administrative Tribunal; ". 25 Division 25 -- Consumer Affairs Act 1971 138. The Act amended The amendments in this Division are to the Consumer Affairs Act 1971*. [* Reprinted as at 25 March 1999. 30 For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 77.] page 58 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Consumer Affairs Act 1971 Division 25 s. 139 139. Section 15 amended (1) Section 15(1) is amended by inserting after "this" -- " or any other ". (2) Section 15(1a) is amended by inserting after "deemed"-- 5 " , for the purposes of this or any other Act, ". 140. Section 15A amended Section 15A(1) is amended by deleting "The" and inserting instead -- " 10 In addition to other functions that this or any other Act gives to the Commissioner, the ". 141. Section 19 amended (1) Section 19(1) is amended by deleting "the Fair Trading 15 Act 1987" and inserting instead -- " any other Act ". (2) Section 19(1c) is amended by deleting "the Fair Trading Act 1987" and inserting instead -- " any other Act ". 20 (3) Section 19(1d) is amended by deleting "the Fair Trading Act 1987" and inserting instead -- " any other Act ". (4) Section 19(2)(a) is amended by deleting "the Fair Trading Act 1987" and inserting instead -- 25 " another Act ". page 59 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 25 Consumer Affairs Act 1971 s. 142 142. Section 20 amended Section 20(2) is amended by deleting "the Fair Trading Act 1987 required" and inserting instead -- " any other Act required by the Commissioner ". 5 143. Section 21 amended Section 21(2) is amended as follows: (a) in paragraph (a) by deleting "Fair Trading Act 1987" and inserting instead -- " other Act that is relevant "; 10 (b) in paragraph (b) by deleting "Fair Trading Act 1987" and inserting instead -- " other Act that is relevant ". 144. Section 23 amended Section 23 is amended by deleting "the Fair Trading Act 1987" 15 and inserting instead -- " another Act ". 145. Section 24 amended (1) Section 24(2) is amended as follows: (a) by deleting "with this Act" and inserting instead -- 20 " with the relevant Act "; (b) by inserting after "purposes of this Act" -- " or another Act (the "relevant Act") ". (2) Section 24(3) is amended as follows: (a) by inserting after "prohibits a person who" -- 25 " exercises powers or performs duties or functions under this Act and "; page 60 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Consumer Credit (Western Australia) Act 1996 Division 26 s. 146 (b) by deleting "any information referred to in that subsection"; (c) by inserting after "under that Act" -- " 5 , any information acquired under or for the purposes of this Act ". Division 26 -- Consumer Credit (Western Australia) Act 1996 146. The Act amended 10 The amendments in this Division are to the Consumer Credit (Western Australia) Act 1996*. [* Reprinted as at 6 September 2002. For subsequent amendments see Gazette 2 May 2003 p. 1495.] 15 147. Section 7 amended Section 7(1)(a) is amended by deleting "Commercial Tribunal of Western Australia constituted under the Commercial Tribunal Act 1984" and inserting instead -- " State Administrative Tribunal ". 20 Division 27 -- Control of Vehicles (Off-road Areas) Act 1978 148. The Act amended The amendments in this Division are to the Control of Vehicles (Off-road Areas) Act 1978*. [* Reprinted as at 2 August 2002.] page 61 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 28 Co-operative and Provident Societies Act 1903 s. 149 149. Section 33 replaced Section 33 is repealed and the following section is inserted instead -- " 5 33. Review There is a right to apply to the State Administrative Tribunal for a review of a decision -- (a) to refuse a registration, or the renewal or a transfer of a registration, under this Act; or 10 (b) to suspend a registration. ". Division 28 -- Co-operative and Provident Societies Act 1903 150. The Act amended The amendments in this Division are to the Co-operative and 15 Provident Societies Act 1903*. [* Reprinted as at 7 September 2001. For subsequent amendments see Act No. 20 of 2003.] 151. Section 6 amended (1) Section 6(1) is amended by deleting all of the subsection after 20 "may" and inserting instead -- " apply to the State Administrative Tribunal for a review of the refusal. ". 25 (2) Section 6(2) is repealed. page 62 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Country Areas Water Supply Act 1947 Division 29 s. 152 152. Section 8 amended (1) Section 8(4) is amended as follows: (a) by deleting "appeal to the Supreme Court from" and inserting instead -- 5 " apply to the State Administrative Tribunal for a review of "; (b) by deleting "from" in the second place where it occurs. 10 (2) Section 8(5) is amended by deleting "appeal" and inserting instead -- " review ". Division 29 -- Country Areas Water Supply Act 1947 153. The Act amended 15 The amendments in this Division are to the Country Areas Water Supply Act 1947*. [* Reprinted as at 19 March 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 84.] 20 154. Section 12BE amended Section 12BE(1) is amended by deleting "appeal under section 12D" and inserting instead -- " application under section 12D for a review ". 155. Section 12C amended 25 Section 12C(5) is amended by deleting "appeal" and inserting instead -- " application for a review ". page 63 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 29 Country Areas Water Supply Act 1947 s. 156 156. Section 12D amended (1) Section 12D(1) is amended by deleting all of the subsection after "(d), may" and inserting instead -- " 5 apply to the State Administrative Tribunal for a review of the decision of the Commission. ". (2) Section 12D(2) is amended as follows: (a) by deleting "appeal" in both places where it occurs and 10 inserting instead -- " application "; (b) by inserting after "subsection (1)" -- " for a review ". 157. Part VI Division 2 heading amended 15 The heading to Part VI Division 2 is amended by deleting "appeals" and inserting instead -- " review ". 158. Section 58 amended Section 58(7) is amended by deleting "an appeal against the 20 decision may be made" and inserting instead -- " a review of the decision may be sought ". 159. Section 59 amended (1) Section 59(1) is amended by deleting "treat the objection as an appeal against the relevant entry" and inserting instead -- 25 " refer the relevant entry in the records to the State Administrative Tribunal for a review ". page 64 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Country Areas Water Supply Act 1947 Division 29 s. 160 (2) Section 59(2) is amended by deleting "objection to a Land Valuation Tribunal under the Land Valuation Tribunals Act 1978 as an appeal" and inserting instead -- " 5 relevant entry in the records to the State Administrative Tribunal for a review ". (3) After section 59(2) the following subsection is inserted -- " 10 (3) The Corporation is to effect the reference by forwarding the notice to the executive officer of the State Administrative Tribunal together with the objection and a copy certified by or on behalf of the Corporation of -- 15 (a) the relevant entry in the records; and (b) the reasons, if any, for the entry. ". 160. Section 60 amended (1) Section 60(1) is amended as follows: 20 (a) by deleting "treat an objection as an appeal" and inserting instead -- " refer the relevant entry in the records to the State Administrative Tribunal for a review 25 "; (b) by deleting all of the subsection after "to refer" and inserting instead -- " the decision to refuse to extend time to the State 30 Administrative Tribunal for a review. ". page 65 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 29 Country Areas Water Supply Act 1947 s. 161 (2) Section 60(2) is amended by deleting "such a Tribunal as an appeal" and inserting instead -- " the State Administrative Tribunal for a review. ". (3) After section 60(2) the following subsection is inserted -- 5 " (3) The Corporation is to effect the reference by forwarding the notice to the executive officer of the State Administrative Tribunal together with the objection and a copy certified by or on behalf of the 10 Corporation of -- (a) the decision to refuse to extend the time; and (b) the reasons, if any, for the decision. ". 161. Sections 60A and 60B inserted 15 After section 60 the following sections are inserted -- " 60A. New matters raised on review (1) Upon a review by the State Administrative Tribunal on a reference under section 59 or 60, the State 20 Administrative Tribunal may consider -- (a) grounds in addition to those stated in the notice of objection; and (b) reasons in addition to any reasons previously given for the Corporation's decision that is 25 under review. (2) The State Administrative Tribunal is to ensure, by adjournment or otherwise, that each party and any other person entitled to be heard has a reasonable opportunity of properly considering and responding to 30 any new ground or reason that the State Administrative page 66 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Country Areas Water Supply Act 1947 Division 29 s. 162 Tribunal proposes to consider in accordance with subsection (1). 60B. Written reasons for certain determinations to be given and published 5 (1) If the State Administrative Tribunal considers that an order it makes determining a matter coming before it on a reference under section 59 or 60 is of general interest or significance, it is to prepare written reasons for its order and give a copy of the reasons to each 10 party and publish the written reasons. (2) The obligation imposed by subsection (1) is in addition to, and does not derogate from, any obligation of the State Administrative Tribunal under the State Administrative Tribunal Act 2003. 15 ". 162. Section 61 amended Section 61(1) is amended by deleting "appeal" and inserting instead -- " review ". 20 163. Section 62 amended Section 62 is amended by deleting "or an appeal" and "or the appeal". 164. Section 62A amended (1) Section 62A(1) is amended as follows: 25 (a) by deleting "or an appeal". (b) by inserting after "1978" -- " or in consequence of a review by the State Administrative Tribunal 30 ". page 67 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 30 Country Towns Sewerage Act 1948 s. 165 (2) Section 62A(2) is amended by deleting all of the subsection after "when" and inserting instead -- " amendment of an assessment is necessary under 5 subsection (1). ". Division 30 -- Country Towns Sewerage Act 1948 165. The Act amended The amendments in this Division are to the Country Towns 10 Sewerage Act 1948*. [* Reprinted as at 9 November 2001.] 166. Heading amended The heading before section 61 is amended by deleting "Appeals" and inserting instead -- 15 " Review ". 167. Section 61 amended Section 61(6) is amended by deleting "an appeal against the decision may be made" and inserting instead -- " a review of the decision may be sought ". 20 168. Section 62 amended (1) Section 62(1) is amended by deleting "treat the objection as an appeal against the relevant entry" and inserting instead -- " refer the relevant entry to the State Administrative 25 Tribunal for a review ". page 68 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Country Towns Sewerage Act 1948 Division 30 s. 169 (2) Section 62(2) is amended by deleting all of the subsection after "refer the" and inserting instead -- " relevant entry in the records to the State Administrative 5 Tribunal for a review. ". (3) After section 62(2) the following subsection is inserted -- " (3) The Corporation is to effect the reference by 10 forwarding the notice to the executive officer of the State Administrative Tribunal together with the objection and a copy certified by or on behalf of the Corporation of -- (a) the relevant entry in the records; and 15 (b) the reasons, if any, for the entry. ". 169. Section 63 amended (1) Section 63(1) is amended as follows: (a) by deleting "treat an objection as an appeal" and 20 inserting instead -- " refer the relevant entry in the rating records to the State Administrative Tribunal for a review "; 25 (b) by deleting all of the subsection after "to refer" and inserting instead -- " the decision to refuse to extend time to the State Administrative Tribunal for a review. 30 ". page 69 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 30 Country Towns Sewerage Act 1948 s. 170 (2) Section 63(2) is amended by deleting "a Land Valuation Tribunal as an appeal" and inserting instead -- " the State Administrative Tribunal for a review ". (3) After section 63(2) the following subsection is inserted -- 5 " (3) The Corporation is to effect the reference by forwarding the notice to the executive officer of the State Administrative Tribunal together with the objection and a copy certified by or on behalf of the 10 Corporation of -- (a) the decision to refuse to extend the time; and (b) the reasons, if any, for the decision. ". 170. Sections 63A and 63B inserted 15 After section 63 the following sections are inserted -- " 63A. New matters raised on review (1) Upon a review by the State Administrative Tribunal on a reference under section 62 or 63, the State 20 Administrative Tribunal may consider -- (a) grounds in addition to those stated in the notice of objection; and (b) reasons in addition to any reasons previously given for the Corporation's decision that is 25 under review. (2) The State Administrative Tribunal is to ensure, by adjournment or otherwise, that each party and any other person entitled to be heard has a reasonable opportunity of properly considering and responding to 30 any new ground or reason that the State Administrative page 70 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Country Towns Sewerage Act 1948 Division 30 s. 171 Tribunal proposes to consider in accordance with subsection (1). 63B. Written reasons for certain determinations to be given and published 5 (1) If the State Administrative Tribunal considers that an order it makes determining a matter coming before it on a reference under section 62 or 63 is of general interest or significance, it is to prepare written reasons for its order and give a copy of the reasons to each 10 party and publish the written reasons. (2) The obligation imposed by subsection (1) is in addition to, and does not derogate from, any obligation of the State Administrative Tribunal under the State Administrative Tribunal Act 2003. 15 ". 171. Section 64 amended Section 64 is amended by deleting "appeal" and inserting instead -- " review ". 20 172. Section 65 amended Section 65 is amended by deleting "or an appeal" and "or the appeal". 173. Section 65A amended (1) Section 65A(1) is amended as follows: 25 (a) by deleting "or an appeal". (b) by inserting after "1978" -- " or in consequence of a review by the State Administrative Tribunal 30 ". page 71 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 31 Credit Act 1984 s. 174 (2) Section 65A(2) is amended by deleting all of the subsection after "when" and inserting instead -- " amendment of an assessment is necessary under 5 subsection (1). ". Division 31 -- Credit Act 1984 174. The Act amended The amendments in this Division are to the Credit Act 1984*. 10 [* Reprinted as at 6 April 2001. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 87.] 175. Section 5 amended Section 5(1) is amended in the definition of "Tribunal" by 15 deleting "Commercial Tribunal of Western Australia" and inserting instead -- " State Administrative Tribunal ". 176. Section 85B amended Section 85B(9) is repealed. 20 177. Section 86 amended (1) Section 86(5) is amended by deleting "Commercial Tribunal Act 1984" and inserting instead -- " State Administrative Tribunal Act 2003 " (2) Section 86(6) is repealed. page 72 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Credit (Administration) Act 1984 Division 32 s. 178 178. Section 167A amended Section 167A(5) is amended by deleting "Tribunal" and inserting instead -- " 5 former Commercial Tribunal established under the Commercial Tribunal Act 1984 ". 179. Section 167B amended Section 167B(3) is amended by deleting "Tribunal" and 10 inserting instead -- " former Commercial Tribunal established under the Commercial Tribunal Act 1984 ". 15 180. Section 170 amended Section 170(1)(a) is amended by deleting "Tribunal" and inserting instead -- " Commissioner ". Division 32 -- Credit (Administration) Act 1984 20 181. The Act amended The amendments in this Division are to the Credit (Administration) Act 1984*. [* Reprinted as at 5 May 2000. For subsequent amendments see Western Australian 25 Legislation Information Tables for 2002, Table 1, p. 88.] 182. Section 3 repealed Section 3 is repealed. page 73 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 32 Credit (Administration) Act 1984 s. 183 183. Section 4 amended Section 4 is amended as follows: (a) by deleting the definitions of "Registrar" and "Tribunal"; 5 (b) in the definition of "trade or tie agreement" by deleting the semicolon and inserting instead a full stop. 184. Section 9 amended Section 9(5) is amended by deleting "Tribunal or the Registrar" in both places where it occurs and inserting instead -- 10 " Commissioner ". 185. Section 10 amended (1) Section 10(1) is amended as follows: (a) by deleting "Registrar shall send a copy of the application to the Commissioner with a request in 15 writing that the Commissioner" and inserting instead -- " Commissioner may "; (b) by deleting "Registrar specifies in the request" and inserting instead -- " Commissioner considers necessary ". 20 (2) Section 10(2) is repealed. (3) Section 10(3) is amended as follows: (a) by deleting "a copy of which is sent to" and inserting instead -- " received by "; 25 (b) by deleting "subsection (1)" and inserting instead -- " section 9 ". page 74 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Credit (Administration) Act 1984 Division 32 s. 186 (4) Section 10(4) is amended by deleting "submits to the Tribunal a report on an application, the Registrar" and inserting instead -- " receives an application and has the results of any 5 investigation under this section, the Commissioner ". 186. Section 11 amended (1) Section 11(1) is amended by deleting "the Commissioner may with the consent of the Minister, and any other person may," 10 and inserting instead -- " any person may ". (2) Section 11(2)(c) is amended by deleting "Commissioner or other". 187. Section 12 amended 15 (1) Section 12(1) is repealed and the following subsection is inserted instead -- " (1) Unless subsection (2) or (4) requires it to be refused, the Commissioner shall grant an application for a 20 licence as soon as practicable after the expiration of the period allowed by or under section 11(1) for the lodging of an objection to the granting of an application. ". 25 (2) Section 12(5) is amended as follows: (a) by deleting "Tribunal is satisfied that the ground has been made out after it" and inserting instead -- " Commissioner "; (b) in paragraph (a) by deleting "and has held a hearing with 30 respect to the application"; page 75 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 32 Credit (Administration) Act 1984 s. 187 (c) in paragraph (b) by deleting "to appear at the hearing and". (3) Section 12(6) is repealed and the following subsection is inserted instead -- 5 " (6) Where an application for a licence is refused, the Commissioner shall forthwith, by notice in writing, inform the applicant and each objector (if any) to the granting of the application of the refusal and of the 10 ground on which the refusal is based and inform the applicant of the right to apply to the State Administrative Tribunal for a review of the refusal, and the Commissioner shall, as soon as practicable, refund to the applicant so much of the application fee as is 15 appropriate to be refunded. ". (4) Section 12(7) is amended by inserting after "of the application" -- " 20 and the right to apply to the State Administrative Tribunal for a review of the decision to grant the application ". (5) Section 12(8)(b) is amended by inserting after "of the 25 application" -- " and the right to apply to the State Administrative Tribunal for a review of any condition or restriction imposed 30 ". (6) Section 12(9) is amended by deleting "appeared personally before" and inserting instead -- " attended personally on ". page 76 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Credit (Administration) Act 1984 Division 32 s. 188 188. Section 13 amended (1) Section 13(3) is amended as follows: (a) by deleting "Subject to subsection (4), the Tribunal" and inserting instead -- 5 " The Commissioner "; (b) by deleting "held a hearing with respect to the conditions and restrictions that are proposed to be imposed or varied and has"; (c) by deleting "appear at the hearing and to make 10 submissions and adduce evidence" and inserting instead -- " make written submissions ". (2) Section 13(4) is repealed. 189. Section 14 amended 15 Section 14(3) is amended by deleting "accordance with the rules, the Tribunal" and inserting instead -- " writing, the Commissioner ". 190. Section 22 amended Section 22(2) is repealed and the following subsection is 20 inserted instead -- " (2) Where the Commissioner makes an allegation under section 23 against the holder of a licence, the licence cannot be surrendered until after effect has been given 25 to any order made by the State Administrative Tribunal in disposing of the allegation or by the court dealing with an appeal from an order of the State Administrative Tribunal. ". page 77 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 32 Credit (Administration) Act 1984 s. 191 191. Section 23 amended (1) Section 23(1) and (2) are repealed and the following subsections are inserted instead -- " 5 (1) Any person may, at any time, make to the Commissioner a written complaint about the holding of a licence by a specified licensee if the complaint complies with subsection (2). (2) For a complaint to comply with this subsection -- 10 (a) the complaint has to specify the licensee and the grounds of the complaint; and (b) the grounds of the complaint have to be capable of reasonably giving rise to a belief described in subsection (4). 15 ". (2) Section 23(3) is repealed. (3) Section 23(4) is amended as follows: (a) by deleting "Where it appears to the Chairman, whether or not pursuant to an objection under subsection (1), 20 that" and inserting instead -- " The Commissioner may, on receiving a complaint under subsection (1) or on the Commissioner's own initiative, make any investigation or inquiry that the 25 Commissioner considers necessary to decide whether "; (b) in paragraph (b) by deleting "of the Tribunal" and inserting instead -- " under any of the cognate Acts "; 30 (c) by deleting the comma and all of the subsection after paragraph (j) and inserting instead a full stop. page 78 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Credit (Administration) Act 1984 Division 32 s. 191 (4) Section 23(5), (6) and (7) are repealed and the following subsections are inserted instead -- " (5) If the Commissioner decides that it is appropriate to do 5 so, the Commissioner may make an allegation to the State Administrative Tribunal that there are reasonable grounds for a belief described in subsection (4) concerning a specified licensee. (6) If the Commissioner decides not to make an allegation 10 concerning a licensee about whom a complaint was made to the Commissioner under subsection (1), the Commissioner is required to notify the person who made the complaint of that decision and the reason for it. 15 ". (5) Section 23(8) is amended as follows: (a) by deleting ", after holding an inquiry in relation to a licence, the Tribunal" and inserting instead -- " 20 the State Administrative Tribunal, on dealing with an allegation under subsection (5), "; (b) by deleting "on the part of the Chairman"; (c) by deleting "the Tribunal" in the second place where it 25 occurs and inserting instead -- " it ". (6) Section 23(9) and (10) are repealed. (7) Section 23(14) is amended by deleting "an inquiry under this section," and inserting instead -- 30 " a proceeding before the State Administrative Tribunal upon an allegation under subsection (5), ". page 79 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 32 Credit (Administration) Act 1984 s. 192 192. Part II Division 4 heading replaced The heading to Part II Division 4 is deleted and the following heading is inserted instead -- " Division 4 -- Review ". 5 193. Section 24 replaced Section 24 is repealed and the following section is inserted instead -- " 24. Application for review 10 (1) A person aggrieved by a reviewable decision may apply to the State Administrative Tribunal for a review of the decision. (2) In subsection (1) -- "person aggrieved" means -- 15 (a) a person upon whose application a reviewable decision is made or a person who lodged an objection to the application; or (b) the holder of the licence to which a reviewable decision relates. 20 "reviewable decision" means -- (a) a decision under section 12 to grant or refuse an application for a licence; (b) a decision under section 13 to impose or vary a condition or restriction; or 25 (c) a decision under section 25(3) to grant or refuse an application or impose a condition. ". page 80 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Credit (Administration) Act 1984 Division 32 s. 194 194. Section 25 amended Section 25(2), (3) and (4) are repealed and the following subsections are inserted instead -- " 5 (2) The Commissioner may make any investigation or inquiry that the Commissioner considers necessary for the purpose of dealing with the application. (3) The Commissioner shall grant or refuse the application and, on granting the application, may impose 10 conditions subject to which the business to which the application relates may be carried on. ". 195. Section 28 amended Section 28(3) is amended as follows: 15 (a) by deleting paragraph (a) and inserting instead -- " (a) the Commissioner cannot make an allegation under section 23 to the State Administrative Tribunal; 20 "; (b) in paragraph (b) by deleting "may not" and inserting instead -- " cannot ". 196. Section 29 amended 25 Section 29(1)(a) and "and" after it are deleted. 197. Section 30 amended (1) Section 30(1) is amended by deleting "after inquiry". page 81 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 32 Credit (Administration) Act 1984 s. 198 (2) Section 30(3) is amended by deleting "commissioner" and inserting instead -- " Commissioner ". 198. Section 32 amended 5 (1) Section 32(1) is amended by deleting "the Tribunal (constituted as specified in the instrument) or". (2) Section 32(4) is amended as follows: (a) by deleting "the Tribunal or" and inserting instead -- " a "; 10 (b) by deleting "on the Tribunal". (3) Section 32(7) is amended as follows: (a) by deleting "the Tribunal or" in the first place where it occurs. (b) by deleting "Tribunal or that". 15 (4) Section 32(8) and (9) are repealed and the following subsection is inserted instead -- " (8) A person appointed under subsection (1) is not liable for any act or omission by or on the part of the person 20 that occurred in good faith and in the performance or discharge or purported performance or discharge, of functions under this Part. ". 199. Section 33 amended 25 Section 33 is amended as follows: (a) by deleting "The Tribunal" and inserting instead -- " A person "; page 82 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Credit (Administration) Act 1984 Division 32 s. 200 (b) by deleting "it" in each place where it occurs and inserting instead -- " the person ". 200. Section 34 amended 5 Section 34(1) is amended by deleting "Tribunal may, at an inquiry under this Part," and inserting instead -- " person conducting an inquiry under this Part may ". 201. Section 35 amended (1) Section 35(2) is amended as follows: 10 (a) by deleting "Tribunal may, if it thinks fit," and inserting instead -- " person conducting the inquiry may "; (b) by deleting "Tribunal" in the second place where it occurs and inserting instead -- 15 " person conducting the inquiry "; (c) by deleting "Tribunal" in the third place where it occurs and inserting instead -- " person ". (2) Section 35(3) is amended by deleting "Tribunal" and inserting 20 instead -- " person conducting the inquiry ". (3) Section 35(4) is amended as follows: (a) by deleting "Tribunal" in both places where it occurs and inserting instead -- 25 " person conducting the inquiry "; (b) by deleting "it" and inserting instead -- " the person ". page 83 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 32 Credit (Administration) Act 1984 s. 202 (4) Section 35(5) is amended by deleting "Tribunal" and inserting instead -- " person conducting the inquiry ". 202. Section 36 amended 5 (1) Section 36(1) is amended by deleting "Tribunal" and inserting instead -- " person conducting the inquiry ". (2) Section 36(3) is amended by deleting "before the Tribunal" and inserting instead -- 10 " at an inquiry ". 203. Section 39 amended (1) Section 39(1) is amended as follows: (a) by deleting "Tribunal" in the first place where it occurs and inserting instead -- 15 " person conducting the inquiry "; (b) by deleting "the Tribunal" in the second place where it occurs and inserting instead -- " that person ". (2) Section 39(2), (3) and (5) are amended by deleting "Tribunal" 20 and inserting instead -- " person conducting the inquiry ". (3) Section 39(8) is amended by deleting "a member of the Tribunal or". 204. Section 40 repealed 25 Section 40 is repealed. page 84 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Credit (Administration) Act 1984 Division 32 s. 205 205. Section 43 amended Section 43(2) is amended as follows: (a) by deleting ", lodges an objection under section 11 or 23"; 5 (b) by deleting ", the lodging of the objection". 206. Section 44 amended Section 44 is amended by deleting "Chairman" and inserting instead -- " President ". 10 207. Section 56 amended (1) Section 56(1) is amended as follows: (a) by deleting paragraph (a) and inserting instead -- " (a) a member of, or the Registrar of, the former 15 Commercial Tribunal that existed under the Commercial Tribunal Act 1984 before that Act was repealed; "; (b) by inserting "or" after paragraph (d); 20 (c) by deleting paragraph (e) and "or" after it; (d) in paragraph (f) by deleting "or the Registrar". (2) Section 56(2) is amended by deleting "Commercial Tribunal Act 1984" and inserting instead -- " State Administrative Tribunal Act 2003 ". page 85 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 32 Credit (Administration) Act 1984 s. 208 208. Section 57 amended Section 57 is amended by deleting "Tribunal, the Commissioner or the Registrar may extend a period, the Tribunal, Commissioner or Registrar" and inserting instead -- 5 " State Administrative Tribunal or the Commissioner may extend a period, the State Administrative Tribunal or the Commissioner ". 10 209. Section 60 amended (1) Section 60 is amended by inserting before "The" the subsection designation "(1)". (2) At the end of section 60 the following subsection is inserted -- " 15 (2) The annual report of the department in which the Commissioner is employed is to include details of -- (a) the number, nature, and outcome, of -- (i) investigations and inquiries undertaken by, or at the direction of, the 20 Commissioner for the purposes of this Act; and (ii) matters that have been brought before the State Administrative Tribunal under this Act; 25 (b) the number and nature of matters referred to in paragraph (a) that are outstanding; (c) any trends or special problems that may have emerged; (d) forecasts of the workload of the Commissioner 30 in performing functions under this Act in the year after the year to which the report relates; and page 86 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Credit (Administration) Act 1984 Division 32 s. 210 (e) any proposals for improving the performance of the Commissioner's functions under this Act. ". 210. Schedule 1 repealed 5 Schedule 1 is repealed. 211. Various references to "Tribunal" amended (1) The Act is amended by deleting "Tribunal" in each place specified in the Table to this section and inserting instead -- " Commissioner ". 10 Table s. 9(1) and (4) s. 9(5) (in the second place) s. 11(1) (in both places) s. 11(2)(b) s. 12(2) and (3) s. 12(4) (both places) s. 12(9) (5 places) s. 13(1) s. 13(3) (in the second place) s. 22(3) s. 23(4)(i) s. 23(11) (in the second place) page 87 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 32 Credit (Administration) Act 1984 s. 212 (2) The Act is amended by deleting "Tribunal" in each place specified in the Table to this section and inserting instead -- " State Administrative Tribunal ". Table s. 26 s. 28(1)(b) s. 29(5) s. 30(1), (2), (3) (all in the first place) s. 30(4) s. 31(1) s. 41(1)(a) (both places) s. 41(2) s. 42 (3 places) s. 43(1) s. 44 (in the first place) s. 54(1) 5 212. Various references to "Registrar" amended The Act is amended by deleting "Registrar" in each place specified in the Table to this section and inserting instead -- " Commissioner ". Table s. 12(7) and (8)(b) s. 16(1) s. 16(2) (both places) s. 18(1) s. 23(12) s. 25(1) (both places) s. 26 (both places) s. 51(1) and (2) page 88 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Cremation Act 1929 Division 33 s. 213 Division 33 -- Cremation Act 1929 213. The Act amended The amendments in this Division are to the Cremation Act 1929*. 5 [* Reprinted as at 16 February 2001. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 88.] 214. Section 8 amended Section 8(6) is amended by deleting all of the subsection after 10 "applicant may" and inserting instead -- " apply to the State Administrative Tribunal for a review of the decision of the medical referee. ". 15 Division 34 -- Dangerous Goods Safety Act 2003 215. The Act amended The amendments in this Division are to the Dangerous Goods Safety Act 2003*. [* Bill currently before Parliament as Dangerous Goods Safety 20 Bill 2002.] 216. Section 67 amended (1) Section 67(1) is amended in the definition of "appealable decision" by deleting "appealable" and inserting instead -- " reviewable ". page 89 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 35 Dangerous Goods (Transport) Act 1998 s. 217 (2) Section 67(2) is amended by deleting "an appealable decision may appeal to a Local Court against" and inserting instead -- " a reviewable decision may apply to the State 5 Administrative Tribunal for a review of ". (3) Section 67(3), (4), (5), (6) and (7) are repealed. 217. Schedule 1 amended Schedule 1 clause 8(10) is amended by inserting after 10 "conditions" -- " but not so as to provide for review by the State Administrative Tribunal ". 15 Division 35 -- Dangerous Goods (Transport) Act 1998 218. The Act amended (1) The amendments in this Division are to the Dangerous Goods (Transport) Act 1998*. [* Act No. 50 of 1998.] 20 (2) This Division is of no effect if the Dangerous Goods (Transport) Act 1998 is repealed and this Division has not come into operation before the repeal. 219. Section 4 amended Section 4 is amended by deleting "a Local Court" and inserting 25 instead -- " the State Administrative Tribunal ". 220. Section 8 amended Section 8(2)(v) is deleted. page 90 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Debt Collectors Licensing Act 1964 Division 36 s. 221 Division 36 -- Debt Collectors Licensing Act 1964 221. The Act amended The amendments in this Division are to the Debt Collectors Licensing Act 1964*. 5 [* Reprint 2 as at 7 March 2003.] 222. Section 3 amended Section 3 is amended as follows: (a) by inserting after the definition of "bank" -- " 10 "Commissioner" has the meaning given to that term in section 4(1) of the Consumer Affairs Act 1971; "; (b) by deleting the definition of "Court". 223. Section 8 amended 15 (1) Section 8(3) is amended by deleting all of the subsection after "lodged with the" and inserting instead -- " Commissioner. ". (2) Section 8(4) is amended as follows: (a) by deleting "Clerk of the Court" and inserting instead -- 20 " Commissioner "; (b) by deleting "officer in charge of police at the police station nearest to the Court of the fact and that officer" and inserting instead -- " Commissioner of Police, who "; 25 (c) in paragraph (b) by deleting "Court" and inserting instead -- " Commissioner ". page 91 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 36 Debt Collectors Licensing Act 1964 s. 223 (3) Section 8(5) is amended as follows: (a) in paragraph (a) -- (i) by deleting "officer in charge referred to in subsection (4)," and inserting instead -- 5 " Commissioner of Police "; (ii) by deleting "proposes to so object" and inserting instead -- " objects "; and (iii) by deleting "so proposes" and inserting 10 instead -- " objects "; (b) in paragraph (b) by deleting "Court" and inserting instead -- " Commissioner "; 15 (c) by deleting paragraph (c) and inserting instead -- " (c) Where a report of the Commissioner of Police contains an objection, the Commissioner under this Act shall notify the applicant concerned in 20 the form prescribed of the objection and afford the applicant the opportunity to make submissions in support of the application. ". (4) Section 8(6) is amended as follows: 25 (a) by deleting "Court in hearing an" and inserting instead -- " Commissioner, for the purposes of deciding an "; 30 (b) by deleting "may call and receive" and inserting instead -- " , may consider ". page 92 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Debt Collectors Licensing Act 1964 Division 36 s. 224 (5) Section 8(7), (8) and (9) are repealed. (6) Section 8(10) is amended by deleting "Court hearing the application" and inserting instead -- " Commissioner ". 5 224. Section 9 amended (1) Section 9(1) is amended as follows: (a) by deleting "Court hearing" and inserting instead -- " Commissioner has to refuse ". (b) by deleting "shall refuse the application unless it is" and 10 inserting instead -- " unless ". (2) Section 9(3) is repealed. (3) Section 9(4) is amended as follows: (a) by deleting "where the Court" and inserting instead -- 15 " where the Commissioner "; (b) by deleting "Clerk of the Court" and inserting instead -- " Commissioner ". (4) Section 9(5) is amended by deleting "a Stipendiary Magistrate, he may order the issue of " and inserting instead -- 20 " the Commissioner, he may issue ". 225. Section 10 amended (1) Section 10(1) is repealed and the following subsections are inserted instead -- " 25 (1) Any person may, at any time, make a complaint in writing to the Commissioner about the holding of a licence by a specified licensee if the complaint complies with subsection (1ab). page 93 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 36 Debt Collectors Licensing Act 1964 s. 225 (1a) For a complaint to comply with this subsection -- (a) the complaint has to specify the licensee and the ground of the complaint; and (b) the ground of the complaint has to be a ground 5 described in subsection (1). (1b) The Commissioner may, on receiving a complaint under subsection (1) or on the Commissioner's own initiative, make any investigation or inquiry that the Commissioner considers necessary to decide whether 10 to make an allegation under subsection (2) -- (a) on the ground that the licensee improperly obtained his licence contrary to the provisions of this Act; (b) on the ground that the licensee has been 15 convicted of any offence against this Act; or (c) on any of the grounds on which the Commissioner may refuse the grant or renewal of a licence under section 9. (1c) If the Commissioner decides that it is appropriate to do 20 so, the Commissioner may make an allegation to the State Administrative Tribunal that there is a ground for it to make an order under subsection (2). (1d) If the Commissioner decides not to make an allegation concerning a licensee about whom a complaint was 25 made to the Commissioner under subsection (1), the Commissioner is required to notify the person who made the complaint of that decision and the reason for it. ". page 94 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Debt Collectors Licensing Act 1964 Division 36 s. 226 (2) Section 10(2) is amended as follows: (a) by deleting "Where the Court" and inserting instead -- " Where the State Administrative Tribunal, on dealing 5 with an allegation under subsection (1c), "; (b) by deleting "those grounds is proved, the Court" and inserting instead -- " 10 the grounds described in subsection (1b) is proved, it "; (c) by deleting "Clerk of the Court" and inserting instead -- " Commissioner "; (d) by deleting "as the Court" and inserting instead -- 15 " as the Tribunal ". (3) Section 10(3) is repealed. (4) Section 10(4) is amended by deleting "a Court makes an order under subsection (2), the Clerk of the Court" and inserting instead -- 20 " the State Administrative Tribunal makes an order under subsection (2), the Commissioner ". 226. Section 11 replaced 25 Section 11 is repealed and the following section is inserted instead -- " 11. Review of Commissioner's decision (1) Where the Commissioner refuses to grant an 30 application under section 8 the applicant may apply to page 95 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 36 Debt Collectors Licensing Act 1964 s. 227 the State Administrative Tribunal for a review of the decision. (2) Where the Commissioner grants an application under section 8 after the Commissioner of Police has objected 5 under that section to the granting of the application, the Commissioner of Police may apply to the State Administrative Tribunal for a review of the decision. ". 227. Section 12 amended 10 (1) Section 12(1) is amended as follows: (a) by deleting "Each Clerk of a Court" and inserting instead -- " The Commissioner "; (b) by deleting "granted or made by the Court of which he 15 is the Clerk". (2) Section 12(2) is amended by deleting "Clerk" and inserting instead -- " Commissioner ". 228. Section 12A inserted 20 After section 12 the following section is inserted -- " 12A. Matters to be included in annual report The annual report of the department in which the Commissioner is employed is to include details of -- 25 (a) the number, nature, and outcome, of -- (i) investigations and inquiries undertaken by, or at the direction of, the Commissioner for the purposes of this Act; and page 96 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Debt Collectors Licensing Act 1964 Division 36 s. 229 (ii) matters that have been brought before the State Administrative Tribunal under this Act; (b) the number and nature of matters referred to in 5 paragraph (a) that are outstanding; (c) any trends or special problems that may have emerged; (d) forecasts of the workload of the Commissioner in performing functions under this Act in the 10 year after the year to which the report relates; and (e) any proposals for improving the performance of the Commissioner's functions under this Act. ". 15 229. Section 15 amended Section 15(4) is amended as follows: (a) in paragraph (a) by deleting "Clerk of the Court that granted his licence," and inserting instead -- " Commissioner "; 20 (b) in paragraph (b) by deleting "Clerk" and inserting instead -- " Commissioner ". 230. Section 20 amended Section 20(1) is amended as follows: 25 (a) by deleting "Where the Court" and inserting instead -- " Where the Commissioner "; (b) by deleting "Clerk of the Court" and inserting instead -- " Commissioner ". page 97 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 37 Dental Act 1939 s. 231 231. Section 21 amended (1) Section 21(1)(a) is amended by deleting "Clerk of the Court with whom the bond is lodged" and inserting instead -- " Commissioner ". 5 (2) Section 21(2) is amended by deleting "appropriate Clerk of the Court" and inserting instead -- " Commissioner ". Division 37 -- Dental Act 1939 232. The Act amended 10 The amendments in this Division are to the Dental Act 1939*. [* Reprinted as at 25 June 1999.] 233. Section 14C amended After section 14C(1) the following subsection is inserted -- " 15 (1a) The Board's annual report is to include details of -- (a) the number, nature, and outcome, of -- (i) investigations and inquiries undertaken by, or at the direction of, the Board; and (ii) matters that have been brought before 20 the State Administrative Tribunal by the Board; (b) the number and nature of matters referred to in paragraph (a) that are outstanding; (c) any trends or special problems that may have 25 emerged; (d) forecasts of the workload of the Board in the year after the year to which the report relates; and page 98 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Dental Act 1939 Division 37 s. 234 (e) any proposals for improving the operation of the Board. ". 234. Section 15 amended 5 Section 15(1) amended as follows: (a) in paragraph (h) by deleting ", and the inquiry by the Board into such charge or complaint"; (b) by deleting paragraph (ha). 235. Section 18 amended 10 Section 18(1) is amended by inserting after "Board" -- " or the State Administrative Tribunal ". 236. Section 23 amended Section 23(1) is amended by deleting "by the Board" and inserting instead -- 15 " by the State Administrative Tribunal ". 237. Part IV inserted After section 29 the following headings and sections are inserted -- " 20 Part IV -- Disciplinary proceedings Division 1 -- Investigation 29A. Investigator (1) The Board may appoint a person to investigate a complaint or any other matter relevant to the Board's 25 functions and report to the Board. page 99 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 37 Dental Act 1939 s. 237 (2) The Board is to issue to each investigator it appoints a certificate of appointment in an approved form. (3) A certificate purporting to have been issued under this section is evidence in any court of the appointment to 5 which the certificate purports to relate. 29B. Report of investigator (1) An investigator must -- (a) within such period as the Board requires prepare a report on the investigation, and make 10 recommendations as to the manner in which the complaint or other matter should be dealt with; and (b) immediately after preparing the report, provide the Board with a copy of the report. 15 (2) The investigator must return his certificate of appointment at the time the Board is provided with a copy of the report. 29C. Powers of investigator (1) An investigator may for the purposes of an 20 investigation -- (a) enter and inspect the premises of a person named in a warrant issued under section 29E(1), and exercise the powers referred to in section 29E(2)(b) and (c); 25 (b) require a person to produce to the investigator any document or other thing concerning the investigation that is in the possession or under the control of the person; (c) inspect any document or other thing produced 30 to the investigator and retain it for such reasonable period as the investigator thinks fit, page 100 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Dental Act 1939 Division 37 s. 237 and make copies of a document or any of its contents; (d) require a person -- (i) to give the investigator such information 5 as the investigator requires; and (ii) to answer any question put to that person, in relation to the matter the subject of the investigation; and 10 (e) exercise other powers conferred on an investigator by the regulations. (2) A requirement made under subsection (1)(b) -- (a) must be made by notice in writing given to the person required to produce the document or 15 other thing; (b) must specify the time at or within which the document or other thing is to be produced; (c) may, by its terms, require that the document or other thing required be produced at a place and 20 by means specified in the requirement; and (d) where the document required is not in a readable format, must be treated as a requirement to produce -- (i) the document itself; and 25 (ii) the contents of the document in a readable format. (3) A requirement made under subsection (1)(d) -- (a) may be made orally or by notice in writing served on the person required to give 30 information or answer a question, as the case may be; page 101 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 37 Dental Act 1939 s. 237 (b) must specify the time at or within which the information is to be given or the question is to be answered, as the case may be; and (c) may, by its terms, require that the information 5 or answer required -- (i) be given orally or in writing; (ii) be given at or sent or delivered to a place specified in the requirement; (iii) in the case of written information or 10 answers be sent or delivered by means specified in the requirement; and (iv) be verified by statutory declaration. (4) If under subsection (1)(d) an investigator requires a person to give information or answer a question, the 15 investigator must inform that person that the person is required under this Act to give the information or answer the question. (5) An investigator must produce his certificate of appointment if requested to do so by a person in 20 respect of whom the investigator has exercised, or is about to exercise, a power under this section. 29D. Warrant to enter premises (1) If the Board has determined in a particular case that an investigator has reasonable grounds for believing that 25 entry to premises is necessary for the purpose of an investigation, the investigator may apply to a magistrate for a warrant to be issued in respect of those premises. (2) An application for a warrant must -- 30 (a) be in writing; (b) be accompanied by a notice in writing from the Board stating that it has determined in the page 102 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Dental Act 1939 Division 37 s. 237 particular case that the investigator has reasonable grounds for believing that entry to premises is necessary for the purpose of the investigation; 5 (c) set out the grounds for seeking the warrant; and (d) describe the premises that are to be entered. (3) A magistrate to whom an application is made under this section must refuse it if -- (a) the application does not comply with the 10 requirements of this Act; or (b) when required to do so by the magistrate, the investigator does not give to the magistrate more information about the application. (4) The information in an application or given to a 15 magistrate under this section must be verified before the magistrate on oath or affirmation or by affidavit, and the magistrate may for that purpose administer an oath or affirmation or take an affidavit. 29E. Issue of warrant 20 (1) A magistrate to whom an application is made under section 29D may issue a warrant, if satisfied that there are reasonable grounds for believing that entry and inspection of the premises are necessary for the purpose of the investigation. 25 (2) A warrant under subsection (1) authorises the investigator -- (a) to enter and inspect the premises named in the warrant; (b) to require a person on the premises to answer 30 questions or produce documents or other things in the person's possession concerning the investigation; and page 103 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 37 Dental Act 1939 s. 237 (c) to inspect documents and other things, and take copies of or extracts from documents, produced in compliance with a requirement made under paragraph (b). 5 (3) There must be stated in a warrant -- (a) the purpose for which the warrant is issued; (b) the name of the person to whom the warrant is issued; and (c) a description of the premises that may be 10 entered. (4) A magistrate who issues a warrant must cause a record to be made of particulars of the grounds that the magistrate has relied on to justify the issue of the warrant. 15 29F. Execution of warrant (1) If asked by the occupier or a person in charge of the premises, the person executing a warrant must produce it for inspection. (2) A warrant ceases to have effect -- 20 (a) at the end of the period of one month after its issue; (b) if it is withdrawn by the magistrate who issued it; or (c) when it is executed, 25 whichever occurs first. Division 2 -- Role of State Administrative Tribunal ". page 104 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Dental Act 1939 Division 37 s. 238 238. Section 30 amended (1) Section 30(1) is amended as follows: (a) by deleting "Board, after due inquiry," and inserting instead -- 5 " State Administrative Tribunal "; (b) in paragraphs (b) and (c) by deleting "Board" in each place where it occurs and inserting instead -- " Tribunal ". (2) Section 30(1a) is amended as follows: 10 (a) by deleting "Board, after due inquiry," and inserting instead -- " Tribunal "; (b) by deleting "Board" in each place where it occurs and inserting instead -- 15 " Tribunal ". (3) Section 30(1b) is amended by deleting "Board" and inserting instead -- " Tribunal ". (4) Section 30(2) is amended as follows: 20 (a) by deleting "shall consider all such allegations" and inserting instead -- " may "; (b) by inserting after "writing" -- " 25 refer the allegation to the State Administrative Tribunal ". (5) Section 30(3) is amended as follows: (a) by deleting "Board considers" and inserting instead -- " State Administrative Tribunal considers "; page 105 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 37 Dental Act 1939 s. 239 (b) by deleting "Board may" and inserting instead -- " Tribunal may "; (c) in paragraph (a) by deleting ", and amend those particulars accordingly"; 5 (d) in paragraph (c) -- (i) by deleting "require" and inserting instead -- " order "; (ii) by deleting "Board thinks necessary" and inserting instead -- 10 " Tribunal specifies in the order "; and (iii) in subparagraph (i) by deleting "Board may impose" and inserting instead -- " Tribunal specifies in the order "; (e) in paragraph (d) by deleting "Board" and inserting 15 instead -- " Tribunal "; (f) in paragraphs (e) and (f) -- (i) by deleting "suspend that person" and inserting instead -- 20 " order that that person is suspended "; and (ii) by inserting after "12 months" -- " as specified in the order ". (6) Section 30(4) and (5) are repealed. 25 239. Section 30A amended Section 30A is amended as follows: (a) by deleting "to the Board"; page 106 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Dental Act 1939 Division 37 s. 240 (b) by inserting after "with the undertaking," -- " refer the matter to the State Administrative Tribunal and the Tribunal may 5 "; (c) by deleting "as the Board" and inserting instead -- " as the Tribunal ". 240. Section 30B repealed Section 30B is repealed. 10 241. Section 31 amended (1) After section 31(1) the following subsection is inserted -- " (1aa) The Board cannot grant an application under subsection (1) unless it has applied for, and obtained, 15 the approval of the State Administrative Tribunal to do so. ". (2) Section 31(1a) is amended by deleting "unless it is" and inserting instead -- 20 " if it is not ". (3) Section 31(2) is amended by deleting "subsection" and inserting instead -- " subsections (1aa) and ". page 107 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 38 Dental Prosthetists Act 1985 s. 242 242. Section 33 replaced Section 33 is repealed and the following section is inserted instead -- " 5 33. Review Whenever the Board makes a decision -- (a) refusing to register any person; or (b) refusing to re-enter in the Register the name of any person whose name has previously been 10 withdrawn from or struck off the Register, a person aggrieved may apply to the State Administrative Tribunal for a review of the decision. ". 243. Section 45 amended 15 Section 45(1)(a) is deleted. 244. Section 48 amended Section 48(e) is amended by deleting "inquiry or". 245. Section 63 repealed Section 63 is repealed. 20 Division 38 -- Dental Prosthetists Act 1985 246. The Act amended The amendments in this Division are to the Dental Prosthetists Act 1985*. [* Reprint 1 as at 1 May 2003.] 25 247. Section 12 amended Section 12(4)(a) is deleted. page 108 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Dental Prosthetists Act 1985 Division 38 s. 248 248. Sections 19A to 19F inserted After section 19 the following sections are inserted -- " 19A. Investigator 5 (1) The Commissioner may appoint a person to investigate -- (a) a complaint in relation to a dental prosthetist; or (b) any other matter relevant to the Commissioner's functions, 10 and report to the Commissioner. (2) The Commissioner is to issue to each investigator the Commissioner appoints a certificate of appointment in an approved form. (3) A certificate purporting to have been issued under this 15 section is evidence in any court of the appointment to which the certificate purports to relate. 19B. Report of investigator (1) An investigator must -- (a) within such period as the Commissioner 20 requires prepare a report on the investigation, and make recommendations as to the manner in which the complaint or other matter should be dealt with; and (b) immediately after preparing the report, provide 25 the Commissioner with a copy of the report. (2) The investigator must return his certificate of appointment at the time the Commissioner is provided with a copy of the report. page 109 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 38 Dental Prosthetists Act 1985 s. 248 19C. Powers of investigator (1) An investigator may for the purposes of an investigation -- (a) enter and inspect the premises of a person 5 named in a warrant issued under section 19E(1), and exercise the powers referred to in section 19E(2)(b) and (c); (b) require a person to produce to the investigator any document or other thing concerning the 10 investigation that is in the possession or under the control of the person; (c) inspect any document or other thing produced to the investigator and retain it for such reasonable period as the investigator thinks fit, 15 and make copies of a document or any of its contents; (d) require a person -- (i) to give the investigator such information as the investigator requires; and 20 (ii) to answer any question put to that person, in relation to the matter the subject of the investigation; and (e) exercise other powers conferred on an 25 investigator by the regulations. (2) A requirement made under subsection (1)(b) -- (a) must be made by notice in writing given to the person required to produce the document or other thing; 30 (b) must specify the time at or within which the document or other thing is to be produced; page 110 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Dental Prosthetists Act 1985 Division 38 s. 248 (c) may, by its terms, require that the document or other thing required be produced at a place and by means specified in the requirement; and (d) where the document required is not in a 5 readable format, must be treated as a requirement to produce -- (i) the document itself; and (ii) the contents of the document in a readable format. 10 (3) A requirement made under subsection (1)(d) -- (a) may be made orally or by notice in writing served on the person required to give information or answer a question, as the case may be; 15 (b) must specify the time at or within which the information is to be given or the question is to be answered, as the case may be; and (c) may, by its terms, require that the information or answer required -- 20 (i) be given orally or in writing; (ii) be given at or sent or delivered to a place specified in the requirement; (iii) in the case of written information or answers be sent or delivered by means 25 specified in the requirement; and (iv) be verified by statutory declaration. (4) If under subsection (1)(d) an investigator requires a person to give information or answer a question, the investigator must inform that person that the person is 30 required under this Act to give the information or answer the question. page 111 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 38 Dental Prosthetists Act 1985 s. 248 (5) An investigator must produce his certificate of appointment if requested to do so by a person in respect of whom the investigator has exercised, or is about to exercise, a power under this section. 5 19D. Warrant to enter premises (1) If the Commissioner has determined in a particular case that an investigator has reasonable grounds for believing that entry to premises is necessary for the purpose of an investigation the investigator may apply 10 to a magistrate for a warrant to be issued in respect of those premises. (2) An application for a warrant must -- (a) be in writing; (b) be accompanied by a notice in writing from the 15 Commissioner stating that it has determined in the particular case that the investigator has reasonable grounds for believing that entry to premises is necessary for the purpose of the investigation; 20 (c) set out the grounds for seeking the warrant; and (d) describe the premises that are to be entered. (3) A magistrate to whom an application is made under this section must refuse it if -- (a) the application does not comply with the 25 requirements of this Act; or (b) when required to do so by the magistrate, the investigator does not give to the magistrate more information about the application. (4) The information in an application or given to a 30 magistrate under this section must be verified before the magistrate on oath or affirmation or by affidavit, page 112 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Dental Prosthetists Act 1985 Division 38 s. 248 and the magistrate may for that purpose administer an oath or affirmation or take an affidavit. 19E. Issue of warrant (1) A magistrate to whom an application is made under 5 section 19D may issue a warrant, if satisfied that there are reasonable grounds for believing that entry and inspection of the premises are necessary for the purpose of the investigation. (2) A warrant under subsection (1) authorises the 10 investigator -- (a) to enter and inspect the premises named in the warrant; (b) to require a person on the premises to answer questions or produce documents or other things 15 in the person's possession concerning the investigation; and (c) to inspect documents and other things, and take copies of or extracts from documents, produced in compliance with a requirement made under 20 paragraph (b). (3) There must be stated in a warrant -- (a) the purpose for which the warrant is issued; (b) the name of the person to whom the warrant is issued; and 25 (c) a description of the premises that may be entered. (4) A magistrate who issues a warrant must cause a record to be made of particulars of the grounds that the magistrate has relied on to justify the issue of the 30 warrant. page 113 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 38 Dental Prosthetists Act 1985 s. 249 19F. Execution of warrant (1) If asked by the occupier or a person in charge of the premises, the person executing a warrant must produce it for inspection. 5 (2) A warrant ceases to have effect -- (a) at the end of the period of one month after its issue; (b) if it is withdrawn by the magistrate who issued it; or 10 (c) when it is executed, whichever occurs first. ". 249. Section 20 amended (1) Section 20(1) is amended as follows: 15 (a) by deleting ", after due inquiry,"; (b) by deleting ", by writing signed by him," and inserting instead -- " refer the matter to the State Administrative Tribunal 20 and the Tribunal may, if satisfied that the dental prosthetist is not a fit and proper person to hold a licence, ". (2) Section 20(2) is repealed and the following subsections are 25 inserted instead -- " (2) A person whose licence has been revoked under this section may apply in writing to the Commissioner, at any time after the expiration of a period of one year 30 from the revocation for the restoration of his licence. page 114 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Dental Prosthetists Act 1985 Division 38 s. 250 (3) The Commissioner may, on payment by the applicant to the Commissioner of the prescribed fee, grant the application and restore the licence to the applicant or may refuse the application. 5 (4) The Commissioner cannot grant an application under subsection (2) unless the Commissioner has applied for, and obtained, the approval of the State Administrative Tribunal to do so. ". 10 250. Section 21 amended Section 21 is amended as follows: (a) by deleting "Commissioner" in the first place where it occurs and inserting instead -- " State Administrative Tribunal "; 15 (b) in paragraph (a) by deleting "he" and inserting instead -- " the Tribunal "; (c) in paragraph (b) by deleting "Commissioner" and inserting instead -- 20 " Tribunal "; (d) by deleting "suspend the operation of a licence for such period as the Commissioner determines" and inserting instead -- " 25 order that the operation of a licence be suspended for such period as the Tribunal specifies in the order ". page 115 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 38 Dental Prosthetists Act 1985 s. 251 251. Section 22 replaced Section 22 is repealed and the following section is inserted instead -- " 5 22. Review (1) Where the Commissioner makes a decision -- (a) refusing to issue a licence upon application therefor duly made under this Act; or (b) refusing to restore a licence upon application 10 therefor duly made under this Act, the person affected by his decision may apply to the State Administrative Tribunal for a review of the decision. (2) Where the Commissioner does not, within 90 days after 15 an application is duly made under this Act, issue a licence, or restore a licence, in accordance with the application or give the applicant notice in writing that his application is refused, the application is to be taken to have been refused at the expiry of that period of 20 90 days. ". 252. Section 30A inserted After section 30 the following section is inserted -- " 25 30A. Report On or before 31 December in each year the Commissioner shall submit to the Minister a report relating to the Commissioner's functions under this Act for the preceding year ending on 30 June setting out 30 details of -- (a) the number, nature, and outcome, of -- (i) investigations undertaken at the direction of, the Commissioner; and page 116 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Dog Act 1976 Division 39 s. 253 (ii) matters that have been brought before the State Administrative Tribunal by the Commissioner; (b) the number and nature of matters referred to in 5 paragraph (a) that are outstanding; (c) any trends or special problems that may have emerged; and (d) forecasts of the workload of the Commissioner under this Act in the year after the year to 10 which the report relates. ". Division 39 -- Dog Act 1976 253. The Act amended The amendments in this Division are to the Dog Act 1976*. 15 [* Reprinted as at 9 November 2001.] 254. Section 7 amended Section 7(3)(aa) is amended by deleting "bringing" and inserting instead -- " making ". 20 255. Section 14 amended Section 14(2) is amended by deleting "or a court". 256. Section 16A amended Section 16A(3) is amended by deleting all of the subsection after "may" in the first place where it occurs and inserting 25 instead -- " apply to the State Administrative Tribunal for a review of the decision. ". page 117 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 39 Dog Act 1976 s. 257 257. Section 17 amended (1) Section 17(1) is amended by deleting all of the subsection after "be may" and inserting instead -- " 5 apply to the State Administrative Tribunal for a review of the decision. ". (2) Section 17(2) is repealed. (3) Section 17(3) is amended as follows: 10 (a) by deleting "Local Court" and inserting instead -- " State Administrative Tribunal "; (b) by deleting "on an appeal"; (c) by deleting "Court" in the second place where it occurs and inserting instead -- 15 " State Administrative Tribunal ". (4) Section 17(3a) is amended by deleting "Local Court" and inserting instead -- " State Administrative Tribunal ". (5) Section 17(4) is amended as follows: 20 (a) by deleting "no appeal under subsection (1) is instituted within the prescribed time" and inserting instead -- " an application is not made under subsection (1) within the time fixed for the making of the application 25 "; (b) by deleting "appealed against" and inserting instead -- " applied for a review of "; (c) by deleting all of the subsection after "for the seizure of the dog" and inserting instead a full stop. page 118 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Dog Act 1976 Division 39 s. 258 (6) Section 17(5) is repealed and the following subsections are inserted instead -- " " (5) If an application is made under subsection (1) but the 5 proceeding on the application in the State Administrative Tribunal is withdrawn, dismissed or struck out under section 46, 47 or 48 of the State Administrative Tribunal Act 2003, a Justice of the Peace may, on the application of the local government, 10 make an order for the seizure of the dog. (6) If an order for the seizure of the dog is made under subsection (4) or (5), the local government may cause the dog to be seized and detained or destroyed or otherwise disposed of as though it had been found in a 15 place in contravention of section 31, 32 or 33A and had not been claimed. ". 258. Section 26 amended (1) Section 26(5) is amended by deleting all of the subsection after 20 "may" in the second place where it occurs and inserting instead -- " apply to the State Administrative Tribunal for a review of the decision. 25 ". (2) Section 26(6) is amended as follows: (a) by deleting "shall be lodged with the Minister not later than" and inserting instead -- " cannot be made later than the expiry of a period of "; 30 (b) by deleting "that is appealable". page 119 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 39 Dog Act 1976 s. 259 259. Section 27 amended (1) Section 27(6) is amended by deleting "to expire at the end of the period specified in the notice" and inserting instead -- " 5 specifying a period at the end of which the licence is cancelled ". (2) Section 27(7) is amended as follows: (a) in paragraph (b) by deleting "intention to cancel" and 10 inserting instead -- " cancellation of "; (b) by deleting all of the subsection after "be may" and inserting instead -- " 15 apply to the State Administrative Tribunal for a review of the decision. ". 260. Section 29 amended Section 29(3)(b) is amended by deleting "17(4)" and inserting 20 instead -- " 17(6) ". 261. Section 33E amended Section 33E(3) is amended as follows: (a) by deleting "of objection and appeal"; 25 (b) by inserting after "Division" in the second place where it occurs -- " to object and to apply for a review ". page 120 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Dog Act 1976 Division 39 s. 262 262. Section 33F amended (1) Section 33F(2)(b)(i) is amended as follows: (a) by deleting "of appeal to a Local Court in the manner prescribed by regulations against any" and inserting 5 instead -- " to apply to the State Administrative Tribunal for a review of the "; 10 (b) by inserting after "government" in the second place where it occurs -- " on the objection "; (2) Section 33F(2)(b)(ii) is deleted and the following subparagraph is inserted instead -- 15 " (ii) to apply directly to the State Administrative Tribunal for a review, ". (3) Section 33F(3) is amended by deleting "appeal" and inserting 20 instead -- " application for review is ". (4) Section 33F(4) is amended by deleting "appeal" in both place where it occurs and inserting instead -- " application for review ". 25 (5) Section 33F(6)(a) is amended as follows: (a) by deleting "appeal to a Local Court in the manner prescribed by regulations" and inserting instead a comma; page 121 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 39 Dog Act 1976 s. 262 (b) by inserting after "objection" in the second place where it occurs -- " , apply to the State Administrative Tribunal for 5 a review of the decision "; (6) Section 33F(6)(b) is amended as follows: (a) by inserting after "owner" -- " stating "; 10 (b) by deleting "either upheld, varied or dismissed" and inserting instead -- " setting out its determination on the objection "; (c) by inserting after "declaration" a comma; (d) by deleting "appeal to a Local Court in the manner 15 prescribed by regulations, within not more than" and inserting instead -- " , within "; (e) by inserting after "subsection (1)" in the second place where it occurs -- 20 " , apply to the State Administrative Tribunal for a review of the decision to which the owner objected ". 25 (7) Section 33F(8) is amended by deleting "appeal" and inserting instead -- " review ". page 122 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Dog Act 1976 Division 39 s. 263 263. Section 33G amended (1) Section 33G(2)(d) is amended as follows: (a) in subparagraph (i) by deleting all of the subparagraph after "right" and inserting instead -- 5 " to apply to the State Administrative Tribunal for a review of the decision made by the local government on the objection; 10 "; (b) by deleting subparagraph (ii) and inserting instead -- " (ii) to apply directly to the State Administrative Tribunal for a review, 15 ". (2) Section 33G(3) is amended by deleting "any appeal to a Local Court" and inserting instead -- " making an application to the State Administrative 20 Tribunal for a review ". (3) Section 33G(4)(a) is amended as follows: (a) by deleting "appeal to a Local Court in the manner prescribed by regulations" and inserting instead a 25 comma; (b) by inserting after "objection" in the second place where it occurs -- " , apply to the State Administrative Tribunal for 30 a review of the decision ". page 123 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 39 Dog Act 1976 s. 263 (4) Section 33G(4)(b) is amended as follows: (a) by inserting after "owner" -- " stating "; (b) by deleting "either upheld, varied or dismissed" and 5 inserting instead -- " setting out its determination on the objection "; (c) by inserting after "dog" a comma; (d) by deleting "appeal to a Local Court in the manner prescribed by regulations"; 10 (e) by inserting after "subsection (2)" in the second place where it occurs -- " , apply to the State Administrative Tribunal for a review of the decision to which the owner 15 objected ". (5) Section 33G(6) is amended as follows: (a) in paragraph (a)(i) by deleting "appeal" and inserting instead -- 20 " application for review "; (b) in paragraph (a)(ii) by inserting before "the applicant" -- " an application for review is made but "; (c) in paragraph (a)(iii) by deleting "Local Court" and 25 inserting instead -- " State Administrative Tribunal "; page 124 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Dog Act 1976 Division 39 s. 264 (d) in paragraph (b) -- (i) by deleting "Local Court and" and inserting instead -- " 5 State Administrative Tribunal for a review and the State Administrative Tribunal affirms "; and (ii) by deleting "is affirmed by an order of that 10 court"; (e) by deleting "court" and inserting instead -- " State Administrative Tribunal ". 264. Section 33H amended (1) Section 33H(4) is amended as follows: 15 (a) in paragraph (a) by deleting "appeal" and inserting instead -- " application for review "; (b) in paragraph (b) by deleting "this section" and inserting instead -- 20 " subsection (1) "; (2) Section 33H(5)(a) is amended as follows: (a) by deleting "appeal to a Local Court in the manner prescribed by regulations" and inserting instead a comma; 25 (b) by inserting after "application" in the second place where it occurs -- " , apply to the State Administrative Tribunal for a review of the decision 30 ". page 125 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 39 Dog Act 1976 s. 265 (3) Section 33H(5)(b) is amended as follows: (a) by inserting after "owner" -- " stating "; (b) by deleting "either upheld, varied or dismissed" and 5 inserting instead -- " setting out its determination on the objection "; (c) by inserting after "subsection (1)" in the first place where it occurs a comma. (d) by deleting "appeal to a Local Court in the manner 10 prescribed by regulations, within not more than" and inserting instead -- " , within "; (e) by inserting after "subsection (1)" in the second place where it occurs -- 15 " , apply to the State Administrative Tribunal for a review of the decision on the application as if the application had been dismissed. ". 20 265. Section 33I amended (1) Section 33I(1) is amended as follows: (a) by deleting "appeal lies to a Local Court" and inserting instead -- " application may be made "; 25 (b) by inserting after "Division" -- " to the State Administrative Tribunal for a review of ". (c) in paragraphs (a), (b) and (c) by deleting "against". page 126 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Dog Act 1976 Division 39 s. 266 (2) Section 33I(2), (3) and (4) are repealed and the following subsection is inserted instead -- " (2) Where, under this Division, an application for a review 5 is made to the State Administrative Tribunal, the orders that the State Administrative Tribunal may make include -- (a) where the dog is detained, an order for the release of the dog to the owner; 10 (b) on being satisfied that the dog will be kept without the likelihood of any contravention of this Act, an order cancelling any previous order made in respect of that dog by the State Administrative Tribunal. 15 ". 266. Section 33J amended Section 33J is amended by deleting "Local Court" and inserting instead -- " the State Administrative Tribunal ". 20 267. Section 33L amended Section 33L is amended by deleting "a Local Court" and inserting instead -- " the State Administrative Tribunal ". 268. Section 36 amended 25 Section 36(3) is amended as follows: (a) by deleting "in the prescribed manner and" in the second place where it occurs. page 127 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 39 Dog Act 1976 s. 269 (b) by deleting "appeal against the decision to the nearest Local Court" and inserting instead -- " apply to the State Administrative Tribunal for a review 5 of the decision "; (c) by deleting "that Local Court either affirms the decision or quashes the decision" and inserting instead -- " 10 the State Administrative Tribunal determines the application ". 269. Section 40 amended (1) Section 40(1) is amended by inserting after "court" -- 15 " or the State Administrative Tribunal, according to which of them is dealing with the proceedings, ". (2) Section 40(4) is amended by deleting "the court" in the second 20 place where it occurs and inserting instead -- " or the State Administrative Tribunal, as the case requires, that court or tribunal ". 25 page 128 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 40 East Perth Redevelopment Act 1991 s. 270 270. Various references to "appeal" amended The Act is amended by deleting "appeal" in each place specified in the Table to this section and inserting instead -- " application ". 5 Table s. 7(3)(aa) (both places) s. 17(5) (3 places) s. 26(6) s. 33F(4) (in the third place) s. 33G(3) (in the second and third places) s. 33G(6)(a)(ii) and (iii) s. 33G(6)(b) Division 40 -- East Perth Redevelopment Act 1991 271. The Act amended The amendments in this Division are to the East Perth Redevelopment Act 1991*. 10 [* Reprinted as at 27 August 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 110 and Act No. 24 of 2002.] 272. Section 45 replaced 15 Section 45 is repealed and the following section is inserted instead -- " 45. Review of certain decisions An applicant may apply to the State Administrative 20 Tribunal for a review ,in accordance with Part V of the Town Planning Act, of a decision of the Authority under section 43 in respect of the applicant's application. ". page 129 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 40 East Perth Redevelopment Act 1991 s. 273 273. Section 47 amended (1) Section 47(2) is amended by deleting "appeal under Part V of the Town Planning Act against" and inserting instead -- " 5 apply to the State Administrative Tribunal for a review, in accordance with Part V of the Town Planning Act, of the decision to give ". (2) Section 47(3) is amended by deleting "appeal" and inserting 10 instead -- " application ". (3) Section 47(4) is amended as follows: (a) by deleting "The Town Planning Appeal Tribunal may, where it confirms or varies the direction," and inserting 15 instead -- " If the State Administrative Tribunal confirms or varies the direction, it may, "; 20 (b) by deleting "such period, being" and inserting instead -- " a period "; (c) by deleting "Town Planning Appeal Tribunal, as is specified in that notice" and inserting instead -- " 25 State Administrative Tribunal, as is specified in the notice ". (4) Section 47(6) is amended as follows: (a) by deleting "in any court of competent jurisdiction"; page 130 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Electricity Act 1945 Division 41 s. 274 (b) by deleting "it in so doing" and inserting instead -- " the Authority in so doing as a debt in a court of competent jurisdiction 5 ". Division 41 -- Electricity Act 1945 274. The Act amended The amendments in this Division are to the Electricity Act 1945*. 10 [* Reprinted as at 26 February 1997. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 117.] 275. Section 32 amended Section 32(3) is amended as follows: 15 (a) in paragraph (f) by deleting all of the paragraph after "powers" and inserting instead -- " , and provide for the Director to exercise disciplinary powers in respect of certain matters 20 and specify disciplinary penalties, other than the suspension or cancellation of a licence, permit, or authorisation, that the Director may impose; "; 25 (b) after paragraph (f) by inserting -- " (faa) regulate the making of allegations in respect of disciplinary matters by the Director to the State Administrative Tribunal and specify the 30 penalties that may be imposed and disciplinary action, including suspending or cancelling a page 131 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 41 Electricity Act 1945 s. 276 licence, permit or authorisation, that may be taken by the State Administrative Tribunal in dealing with an allegation; ". 5 276. Section 33 inserted After section 32 the following section is inserted -- " 33. Annual reporting The annual report under the Financial Administration 10 and Audit Act 1985 of the department of the Public Service in which the Director is employed is to include details of -- (a) the number, nature, and outcome, of -- (i) investigations and inquiries undertaken 15 under this Act by, or at the direction of, the Director; and (ii) matters that have been brought before the State Administrative Tribunal under this Act by the Director; 20 (b) the number and nature of matters referred to in paragraph (a) that are outstanding; (c) any trends or special problems that may have emerged; (d) forecasts of the workload of the Director in 25 performing functions under this Act in the year after the year to which the report relates; and (e) any proposals for improving the performance of the Director's functions under this Act. ". page 132 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Employment Agents Act 1976 Division 42 s. 277 Division 42 -- Employment Agents Act 1976 277. The Act amended The amendments in this Division are to the Employment Agents Act 1976*. 5 [* Reprinted as at 26 October 2001.] 278. Section 4 amended Section 4(1) is amended as follows: (a) by deleting the definitions of "authorised person", "inspector" and "licensing officer"; 10 (b) in the definition of "Commissioner" by inserting after "Act 1971" -- " and, in the context of an investigation or inquiry for the purposes of this Act, includes any other 15 person referred to in section 23 of the Consumer Affairs Act 1971 ". 279. Section 10A amended (1) Section 10A is amended by inserting before "The provisions" 20 the subsection designation "(1)". (2) At the end of the section 10A the following subsection is inserted -- " (2) The annual report of the Department in which the 25 Commissioner is employed is to include details of -- (a) the number, nature, and outcome, of -- (i) investigations and inquiries undertaken by, or at the direction of, the Commissioner for the purposes of this 30 Act; and page 133 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 42 Employment Agents Act 1976 s. 280 (ii) matters that have been brought before the State Administrative Tribunal under this Act; (b) the number and nature of matters referred to in 5 paragraph (a) that are outstanding; (c) any trends or special problems that may have emerged; (d) forecasts of the workload of the Commissioner in performing functions under this Act in the 10 year after the year to which the report relates; and (e) any proposals for improving the performance of the Commissioner's functions under this Act. ". 15 280. Section 11 repealed Section 11 is repealed. 281. Sections 11B to 11D repealed Sections 11B, 11C and 11D are repealed. 282. Section 11E amended 20 Section 11E is amended as follows: (a) by deleting "Subject to the direction of the Commissioner, any" and inserting instead -- " Any "; (b) by deleting "licensing officer or any inspector" and 25 inserting instead -- " Commissioner or any person appointed by the Commissioner to institute and conduct proceedings ". page 134 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Employment Agents Act 1976 Division 42 s. 283 283. Section 19 amended (1) Section 19(1)(d)(i) and (ii) and "and" after subparagraph (ii) are deleted. (2) Section 19(2) is amended by deleting "hear and". 5 284. Section 20 amended Section 20(3) is repealed. 285. Section 22 amended (1) Section 22(1) is amended by deleting "Subject to the Minister, where no objection to the grant or renewal of a licence is lodged 10 with the licensing officer the licensing officer" and inserting instead -- " After considering any objection to the grant or renewal of a licence lodged with the Commissioner, the 15 Commissioner ". (2) Section 22(2), (3), (4) and (5) are repealed and the following subsections are inserted instead -- " 20 (2) If the application is for the grant or renewal of a general licence the Commissioner may instead grant a restricted licence. (3) The Commissioner shall give notice in writing of the Commissioner's decision to the applicant and any 25 person who made an objection setting out, in a notice given to a person who might be aggrieved by the decision, the reasons for his decision and informing the person to whom the notice is given of the right to apply to the State Administrative Tribunal for a review of the 30 decision. page 135 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 42 Employment Agents Act 1976 s. 286 (4) If the applicant or a person who lodged an objection with the Commissioner is aggrieved by the Commissioner's decision on the application, the aggrieved person may apply to the State Administrative 5 Tribunal for a review of the decision. ". 286. Sections 23 and 24 repealed Sections 23 and 24 are repealed. 287. Section 25 amended 10 (1) Section 25(1) is repealed and the following subsection is inserted instead -- " (1) The Commissioner may allege to the State Administrative Tribunal that disciplinary action should 15 be taken against a person, firm or body corporate to which this section applies because the person, firm or body corporate -- (a) has been guilty of improper conduct in relation to the carrying on of the business of an 20 employment agent; or (b) has been guilty of any offence involving dishonest or fraudulent conduct, or of an offence against this Act. ". 25 (2) Section 25(2) is amended by deleting "and in relation to". (3) Section 25(3) is repealed and the following subsection is inserted instead -- " (3) Where the State Administrative Tribunal, on dealing 30 with an allegation under subsection (1), is satisfied that a reason described in that subsection has been made out, it may order that the licence concerned be page 136 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Employment Agents Act 1976 Division 42 s. 288 suspended for such period as the Tribunal determines or shall be cancelled and that any or all of such persons or any such firm or body corporate shall be disqualified from holding or taking the benefit of a licence either 5 for such period as the Tribunal specifies in the order or permanently. ". (4) Section 25(4) is amended as follows: (a) by deleting "The court" and inserting instead -- 10 " The State Administrative Tribunal "; (b) by deleting "clerk of the court and" and inserting instead -- " Commissioner and "; (c) after "his licence" by deleting "clerk of the court". 15 (5) Section 25(6) is amended by deleting "court" and inserting instead -- " State Administrative Tribunal ". 288. Section 28 amended Section 28 is amended by deleting "Act in" and inserting 20 instead -- " Act, other than a proceeding before the State Administrative Tribunal, in ". 25 289. Section 30 amended Section 30(4) is amended by deleting "required to show cause for the purposes of section 25(1) or to satisfy the court as to the question of fitness or repute upon any application for the grant or renewal of a licence" and inserting instead -- 30 " the subject of an allegation under section 25(1) ". page 137 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 42 Employment Agents Act 1976 s. 290 290. Section 31 amended Section 31 is amended as follows: (a) in paragraph (a) by deleting "licensing officer or any inspector" and inserting instead -- 5 " Commissioner or any person appointed by the Commissioner to institute and conduct proceedings on the Commissioner's behalf "; 10 (b) in paragraph (b) by deleting ", licensing officer or any inspector" and inserting instead -- " a person appointed by the Commissioner ". 291. Section 46 amended (1) Section 46(1) is amended by deleting "an inspector or any other 15 person duly authorised in that behalf by the Commissioner either generally or in any particular case" and inserting instead -- " the Commissioner for the purposes of investigating 20 whether this Act is being complied with or carrying out any other investigation for the purposes of this Act ". (2) Section 46(2), (3), (4) and (5) are repealed. (3) Section 46(6)is amended as follows: 25 (a) by deleting the semicolon at the end of paragraph (a) and inserting a full stop instead; (b) by deleting paragraphs (b), (c) and (d), but not the penalty at the foot of paragraph (d). page 138 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Employment Agents Act 1976 Division 42 s. 292 292. Section 47 amended (1) Section 47(1) is amended as follows: (a) by deleting "an inspector" in each place where it occurs and inserting instead -- 5 " the Commissioner "; (b) in paragraph (e) by deleting "the inspector" and inserting instead -- " the Commissioner "; (c) in paragraph (g) by deleting "any inspector or any 10 employee" and inserting instead -- " the Commissioner ". (2) Section 47(2) is repealed. 293. Section 48 amended Section 48(1) is amended by deleting "an inspector" and 15 inserting instead -- " the Commissioner ". 294. Section 49 amended Section 49 is amended by deleting ", the licensing officer, an inspector". 20 295. Section 52 amended Section 52(2)(c) is amended by inserting after "Act" -- " other than the commencement of proceedings before the State Administrative Tribunal 25 ". page 139 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 43 Energy Coordination Act 1994 s. 296 296. Various references to "licensing officer" amended The Act is amended by deleting "licensing officer" in each place specified in the Table to this section and inserting instead -- 5 " Commissioner ". Table s. 13(1), (2), and (3) s. 15(2) s. 16(1)(a), (2), (3), (4), and (6) s. 17 s. 18(1), (3), (4), (5), and (7) s. 19(1)(d)(iii) and (2) s. 20(1) s. 21(1)(b)(iv) s. 26(3) s. 27(1), (3), and (4) s. 31(c) s. 38(1) s. 43(1) s. 45 Division 43 -- Energy Coordination Act 1994 297. The Act amended The amendments in this Division are to the Energy 10 Coordination Act 1994*. [* Reprinted as at 5 May 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 119.] 298. Section 11ZH amended 15 (1) Section 11ZH(1) is repealed. page 140 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Energy Coordination Act 1994 Division 43 s. 298 (2) Section 11ZH(2) is amended by deleting all of the subsection after "may" and inserting instead -- " apply to the State Administrative Tribunal for a review 5 of the decision. ". (3) Section 11ZH(3), (4), (5), (6), (7), (8), (9), (10), (11), (12) and (13) are repealed and the following subsections are inserted instead -- 10 " (3) The President is to ensure that, when dealing with an application under subsection (2), the Tribunal is constituted by 3 persons, being -- (a) a presiding member who may be either a 15 judicial member or a senior member who is a qualified person; and (b) 2 other Tribunal members each of whom has relevant expertise in industry, commerce or accounting. 20 (4) Without limiting the State Administrative Tribunal Act 2003, if a Tribunal member referred to in subsection (3)(b) is unable for any reason to continue with the proceeding the Tribunal constituted of the presiding member and the other member referred to in 25 subsection (3)(b) may, if the presiding member so determines, continue and complete the proceeding. (5) A person chosen to act as a sitting member of the Tribunal who has a conflict of interest in relation to an application under subsection (2) before, or about to 30 come before, the Tribunal must disclose the nature of the conflict to each party concerned in the proceeding. Penalty: $10 000. page 141 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 43 Energy Coordination Act 1994 s. 299 (6) A person chosen to act as a sitting member of the Tribunal who has a conflict of interest in relation to an application under subsection (2) before the Tribunal must not take part in the proceeding or exercise any 5 powers in relation to the proceeding unless each party to the proceeding consents. Penalty: $10 000. (7) For the purposes of this section, a person has a conflict of interest in relation to an application if the person has 10 any direct or indirect interest, pecuniary or otherwise, that conflicts or could conflict with the proper performance of the person's functions in relation to that application. (8) Section 142 of the State Administrative Tribunal 15 Act 2003 does not apply in relation to an application under subsection (2). (9) Terms used in this section relating to members of the Tribunal have the meanings given to them in section 3(1) of the State Administrative Tribunal 20 Act 2003. ". 299. Section 22 amended (1) Section 22(1) is amended as follows: (a) by deleting "may object" and inserting instead -- 25 " who objects "; (b) by inserting after "secret" -- " may apply to the State Administrative Tribunal for a review of the request on that ground 30 ". (2) Section 22(2), (4) and (5) are repealed. page 142 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Equal Opportunity Act 1984 Division 44 s. 300 (3) Section 22(3) is amended by deleting "Minister may by notice in writing exempt the objector" and inserting instead -- " Tribunal may exempt the person ". Division 44 -- Equal Opportunity Act 1984 5 300. The Act amended The amendments in this Division are to the Equal Opportunity Act 1984*. [* Reprinted as at 21 July 2000. For subsequent amendments see Western Australian 10 Legislation Information Tables for 2002, Table 1, p. 123.] 301. Section 4 amended Section 4(1) is amended as follows: (a) in the definition of "inquiry" by deleting "held under" and inserting instead -- 15 " referred to in "; (b) by deleting the definitions of "member" and "registrar"; (c) in the definition of "Tribunal" by deleting "Equal Opportunity Tribunal established by section 96" and inserting instead -- 20 " State Administrative Tribunal under the State Administrative Tribunal Act 2003 ". 302. Section 67 amended 25 Section 67(1)(d) is amended by inserting after "proceeding" -- " commenced ". page 143 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 44 Equal Opportunity Act 1984 s. 303 303. Section 83 amended Section 83(2) is amended by deleting "or the registrar". 304. Section 93A amended Section 93A(1) is amended by deleting "under section 134(1)" 5 and inserting instead -- " against a decision of the Tribunal ". 305. Part VIII and Part VIII Division 1 headings replaced The headings to Part VIII and Part VIII Division 1 are deleted and the following headings are inserted instead -- 10 " Part VIII -- The Role of the State Administrative Tribunal Division 1 -- Constituting the Tribunal ". 15 306. Section 96 replaced Section 96 is repealed and the following section is inserted instead -- " 96. Presiding member 20 (1) When the Tribunal is exercising its jurisdiction under this Act, its presiding member has to be either a judicial member or a senior member. (2) Terms used in subsection (1) relating to members of the Tribunal have the meanings given to them in 25 section 3(1) of the State Administrative Tribunal Act 2003. ". page 144 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Equal Opportunity Act 1984 Division 44 s. 307 307. Sections 97 to 104 repealed Sections 97, 98, 99, 100, 100A, 101, 102, 103, 104, 104A, 105 and 106 are repealed. 308. Part VIII Division 2 heading amended 5 The heading to Part VIII Division 2 is amended by deleting "of the Tribunal". 309. Sections 108 to 112 repealed Sections 108, 109, 110, 111 and 112 are repealed. 310. Sections 118 to 121 repealed 10 Sections 118, 118A, 119, 120 and 121 are repealed. 311. Section 122 amended Section 122(2) is amended by deleting "under section 121" and inserting instead -- " 15 or duties under the State Administrative Tribunal Act 2003 ". 312. Sections 124 and 125 repealed Sections 124 and 125 are repealed. 20 313. Section 126 amended Section 126 is amended by deleting "or, where the President of the Tribunal is of the opinion that it is expedient that the President alone should exercise the functions of the Tribunal under this section, the President,". 25 314. Sections 128 to 134 repealed Sections 128, 129, 130, 131, 132, 133 and 134 are repealed. page 145 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 44 Equal Opportunity Act 1984 s. 315 315. Section 135 amended (1) Section 135(4) is repealed. (2) Section 135(5) is amended as follows: (a) by deleting "Sections 112, 113, 120, 121, 122, 128 and 5 129 shall, subject to necessary modifications, apply" and inserting instead -- " Section 113 applies "; (b) by deleting "those sections apply" and inserting instead -- 10 " that section applies ". 316. Section 136 amended (1) Section 136(2) is repealed (2) Section 136(3) is amended by deleting "or (2)". 317. Section 147 amended 15 (1) Section 147 is amended as follows: (a) by inserting before "Where" the subsection designation "(1)"; (b) by deleting "refer the matter to the Tribunal" and inserting instead -- 20 " hold an investigation into the matter ". (2) At the end of section 147 the following subsection is inserted -- " (2) Except as otherwise provided by this Division, an investigation shall be held in such manner as the 25 Director determines. ". 318. Section 148 repealed Section 148 is repealed. page 146 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Equal Opportunity Act 1984 Division 44 s. 319 319. Section 149 amended Section 149 is amended as follows: (a) by deleting "The Director or an authority in respect of which reference is made" and inserting instead -- 5 " An authority in respect of which an investigation is held under this Division ". (b) by deleting "an investigation under this Part into the 10 reference" and inserting instead -- " the investigation ". 320. Section 150 amended (1) Section 150(1) is amended as follows: (a) by deleting "Tribunal may require the Director or" and 15 inserting instead -- " Director may require "; (b) in paragraphs (b), (c) and (d) by deleting "it" and inserting instead -- " the Director ". 20 (2) Section 150(3) is amended as follows: (a) by deleting "The Director or an" and inserting instead -- " An "; (b) in paragraphs (b) and (c) by deleting "Director or". 25 (3) Section 150(4) is amended as follows: (a) by deleting "Tribunal" in each place where it occurs and inserting instead -- " Director "; (b) by deleting "to it" and inserting instead -- 30 " to the Director "; page 147 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 44 Equal Opportunity Act 1984 s. 321 (c) by deleting "Director or" in each place where it occurs. (d) by deleting ", as the case may be," in each place where it occurs. 321. Section 152 amended 5 Section 152 is amended as follows: (a) by deleting "in relation to a reference, the Tribunal" and inserting instead -- " held under this Division, the Director "; (b) in paragraph (a) by deleting "to the Director or". 10 (c) in paragraph (b) by deleting "reference" and inserting instead -- " matter investigated ". 322. Section 153 amended Section 153(1) is amended by deleting "Tribunal" and inserting 15 instead -- "Director ". 323. Section 154 amended Section 154(1) is amended by inserting after "by this Act" -- " or the State Administrative Tribunal Act 2003 ". 20 324. Section 155 amended Section 155(1) is amended by deleting "a member of the Tribunal, the registrar,". 325. Section 165 amended Section 165(2)(a) is amended as follows: 25 (a) by inserting after "with this Act" -- " or the State Administrative Tribunal Act 2003 "; page 148 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Equal Opportunity Act 1984 Division 44 s. 326 (b) by inserting after "under this Act" -- " or that Act ". 326. Section 166 amended (1) Section 166(1) is amended as follows: 5 (a) by deleting "Tribunal, a member of the Tribunal, the"; (b) by deleting "the Tribunal or of "; (c) by deleting "the Tribunal or" in the second place where it occurs. (2) Section 166(2)(b) is amended by deleting "the Tribunal or". 10 327. Section 167 amended (1) Section 167(1) is amended as follows: (a) by deleting ", a member of the Tribunal"; (b) by deleting "the Tribunal or" in the second and third places where it occurs; 15 (c) by deleting "the Tribunal or on". (2) Section 167(2) is amended as follows: (a) by deleting ", a member of the Tribunal, or a member of the staff assisting the Tribunal"; (b) by deleting "the Tribunal or" in the first and second 20 places where it occurs; (c) by deleting "the Tribunal or on". (d) by deleting "this Act." and inserting instead -- " this Act or the State Administrative Tribunal Act 2003. 25 ". page 149 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 45 Explosives and Dangerous Goods Act 1961 s. 328 (3) After section 167(2) the following subsection is inserted -- " (2a) This section also extends to a person who has at any time been -- 5 (a) a member of; (b) a member of the staff assisting; or (c) a person authorised to perform or exercise any function of, the tribunal that was known as the Equal Opportunity 10 Tribunal. ". 328. Section 169 amended Section 169(2)(d) is deleted. Division 45 -- Explosives and Dangerous Goods Act 1961 15 329. The Act amended (1) The amendments in this Division are to the Explosives and Dangerous Goods Act 1961*. [* Reprinted as at 25 February 2000. For subsequent amendments see Western Australian 20 Legislation Information Tables for 2002, Table 1, p. 129.] (2) This Division is of no effect if the Explosives and Dangerous Goods Act 1961 is repealed and this Division has not come into operation before the repeal. 330. Section 52 amended 25 (1) Section 52(1) is amended by deleting all of the subsection after "may" and inserting instead -- " apply to the State Administrative Tribunal for a review of the decision. 30 ". page 150 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Fair Trading Act 1987 Division 46 s. 331 (2) Section 52(2) is repealed. Division 46 -- Fair Trading Act 1987 331. The Act amended The amendments in this Division are to the Fair Trading 5 Act 1987*. [* Reprinted as at 16 November 2001.] 332. Section 5 amended Section 5(1) is amended by deleting the definition of "Commercial Tribunal". 10 333. Section 45 amended (1) Section 45(1) is amended by deleting paragraph (a) and "and" after it. (2) Section 45(5) is amended by deleting "Tribunal" and inserting instead -- 15 " State Administrative Tribunal ". 334. Section 46 amended Section 46(1), (9) and (10) are repealed. 335. Various references to "Commercial Tribunal" amended The Act is amended by deleting "Commercial Tribunal" in each 20 place specified in the Table to this section and inserting instead -- " State Administrative Tribunal ". Table s. 44(b) s. 46(2) s. 46(3) (both places) page 151 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 47 Finance Brokers Control Act 1975 s. 336 s. 46(4) (both places) s. 46(5) (both places) s. 46(6) s. 46(7) s. 46(8) s. 47(1)(a) (both places) s. 47(2) s. 47(3) (3 places) s. 75(1) (both places) Division 47 -- Finance Brokers Control Act 1975 336. The Act amended The amendments in this Division are to the Finance Brokers Control Act 1975*. 5 [* Reprinted as at 3 March 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 132 and Act No. 21 of 2003.] 337. Section 4 amended 10 Section 4(1) is amended by deleting the definitions of "District Court" and "proceedings". 338. Heading to Part II Division 3 replaced The heading to Part II Division 3 is deleted and the following heading is inserted instead -- 15 " Division 3 -- Review of decisions of the Board ". 339. Sections 19 to 22 repealed Sections 19, 20, 21 and 22 are repealed. page 152 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Finance Brokers Control Act 1975 Division 47 s. 340 340. Section 23 replaced Section 23 is repealed and the following section is inserted instead -- " 5 23. Application for review (1) Any person aggrieved by a reviewable decision of the Board may apply to the State Administrative Tribunal for a review of the decision. (2) In subsection (1) -- 10 "person aggrieved" means -- (a) a person whose licence or business certificate is affected by a reviewable decision or who, under Part III, applies for or objects to the grant of a licence or applies for 15 the renewal of a business certificate; or (b) a person affected by a decision of the Board under Part IV Division 2; "reviewable decision" means -- (a) a decision under Part III other than a 20 determination of the form in which an application or objection is to be made; (b) a decision under Part IV Division 2. ". 341. Section 24 amended 25 Section 24(5) is repealed. 342. Section 25 amended Section 25(4) is repealed. page 153 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 47 Finance Brokers Control Act 1975 s. 343 343. Section 30 amended After section 30(4) the following subsection is inserted -- " (5) Despite the surrender by a person of a licence or a 5 business certificate, this Act applies, for the purpose of enabling the person to be investigated or otherwise dealt with for a matter arising before the surrender, as if the licence or certificate had not been surrendered. ". 10 344. Section 32 amended Section 32(5) is repealed. 345. Section 33 amended Section 33(2) is repealed. 346. Section 34 amended 15 Section 34(4) is repealed. 347. Sections 34A and 34B inserted After section 34 the following sections are inserted -- " 34A. Unopposed applications 20 (1) Subject to this Part, a licence may be granted and a business certificate may be granted or renewed, (as long as there is no objection in respect of a licence and special conditions are not imposed or changed) by -- (a) the Board, in a meeting at any time and place; 25 or (b) the Registrar, at any time or place, without notice to the applicant, and the performance of a function by the Registrar under this subsection is to be treated as performance by the Board. page 154 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Finance Brokers Control Act 1975 Division 47 s. 348 (2) Where the Board or Registrar performs a function under subsection (1), the Registrar shall forthwith deliver the licence or business certificate or the renewed business certificate, as the case may be, to the 5 applicant. (3) Sections 27, 28, and 29 apply to the Registrar in the performance of a function under subsection (1) as if a reference in any of those provisions to the Board being satisfied as to a matter were a reference to the Registrar 10 being satisfied as to the matter. 34B. Suspension of licence by State Administrative Tribunal (1) Where the State Administrative Tribunal makes an order against a licensee and payment is not made in 15 accordance with the order or the order is otherwise not complied with or is breached, the State Administrative Tribunal may suspend the licence until the payment is made, or for such period or upon such event occurring as the State Administrative Tribunal thinks fit. 20 (2) The power conferred on the State Administrative Tribunal by subsection (1) is in addition to, and does not derogate from, the powers conferred on it by Part IV Division 3 or by the State Administrative Tribunal Act 2003. 25 ". 348. Section 35 amended Section 35(6) is repealed. 349. Section 56 repealed Section 56 is repealed. page 155 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 47 Finance Brokers Control Act 1975 s. 350 350. Section 82 replaced Section 82 is repealed and the following section is inserted instead -- " 5 82. Disciplinary proceedings against finance brokers The Board may allege to the State Administrative Tribunal that there is proper cause for disciplinary action, as mentioned in section 83(2). ". 10 351. Section 83 amended (1) Section 83(1) is amended as follows: (a) by deleting "If after conducting an inquiry under section 82(1) the Board is satisfied that proper cause exists for disciplinary action, the Board" and inserting 15 instead -- " If, in a procedure commenced by an allegation under section 82 against a finance broker, the State Administrative Tribunal is satisfied that proper cause 20 exists for disciplinary action, the State Administrative Tribunal "; (b) in paragraph (c) by deleting "Board" in each place where it occurs and inserting instead -- 25 " State Administrative Tribunal ". (2) Section 83(2)(d) is amended by deleting "Board" and inserting instead -- " State Administrative Tribunal ". (3) Section 83(3) is repealed. page 156 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Finance Brokers Control Act 1975 Division 47 s. 352 352. Section 86 amended After section 86(1) the following subsection is inserted -- " (1a) The Board's annual report is to include details of -- 5 (a) the number, nature, and outcome, of -- (i) investigations and inquiries undertaken by, or at the direction of, the Board or the Registrar; and (ii) matters that have been brought before 10 the State Administrative Tribunal under this Act; (b) the number and nature of matters referred to in paragraph (a) that are outstanding; (c) any trends or special problems that may have 15 emerged; (d) forecasts of the workload of the Board in the year after the year to which the report relates; and (e) any proposals for improving the operation of 20 the Board. ". 353. Section 95 amended Section 95(2) is amended as follows: (a) by deleting paragraph (b); 25 (b) in paragraph (d) by inserting after "Act" -- " , but not in connection with the commencement of a proceeding before the State Administrative Tribunal 30 ". page 157 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 48 Fire and Emergency Services Authority of Western Australia Act 1998 s. 354 354. Various references to "District Court" amended The Act is amended by deleting "District Court" in each place specified in the Table to this section and inserting instead -- " State Administrative Tribunal ". 5 Table s. 35(5) s. 72(1) (3 places) s. 72(2) (both places) s. 72(4) s. 73(1) (4 places) s. 73(2) (3 places) s. 73(3) and (4) s. 77 (both places) s. 78(1) (both places) s. 78(3) and (4) Division 48 -- Fire and Emergency Services Authority of Western Australia Act 1998 355. The Act amended The amendments in this Division are to the Fire and Emergency 10 Services Authority of Western Australia Act 1998*. [* Reprint 1 as at 4 April 2003.] 356. Section 36ZA amended Section 36ZA is amended as follows: (a) by deleting "hear an appeal" and inserting instead -- 15 " review a decision "; (b) by deleting "appeal" in the second and third places where it occurs and inserting instead -- " review ". page 158 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Fire and Emergency Services Authority of Western Australia Division 48 Act 1998 s. 357 357. Part 6A Division 8 heading amended The heading to Part 6A Division 8 is amended by deleting "appeals" and inserting instead -- " review ". 5 358. Section 36ZF amended Section 36ZF is amended by deleting ", within 60 days (or any further period that the Minister, for reasonable cause shown by the person, allows) after the date the notice of the determination was served, serve on the Minister a written notice requiring the 10 Minister to treat the objection as an appeal against" and inserting instead -- " apply to the State Administrative Tribunal for a review of ". 359. Section 36ZG repealed Section 36ZG is repealed. 15 360. Section 36ZH amended (1) Section 36ZH(1) is amended as follows: (a) by deleting "or appeal" in each place where it occurs; (b) in paragraph (a) by deleting ", or an appeal against,". (2) Section 36ZH(2) is amended as follows: 20 (a) by deleting "or appeal" in the first place where it occurs; (b) by inserting after "subsection (1)" -- " or a review by the State Administrative Tribunal "; (c) by deleting "appeal," and inserting instead -- " review, ". page 159 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 49 Fire Brigades Act 1942 s. 361 Division 49 -- Fire Brigades Act 1942 361. The Act amended The amendments in this Division are to the Fire Brigades Act 1942*. 5 [* Reprint 6 as at 7 March 2003.] 362. Section 25A amended Section 25A(4) is repealed and the following subsection is inserted instead -- " 10 (4) A person who is aggrieved by a direction of the Authority may apply to the State Administrative Tribunal for a review of the direction on the ground that the things directed to be installed and provided in or upon the premises are not reasonably required by the 15 Authority for any of the purposes referred to in subsection (1)(b). ". 363. Section 33 amended (1) Section 33(e)(ii) is amended as follows: 20 (a) by deleting ", within 7 days after its receipt, appeal against such requisition to a magistrate sitting as a court of petty sessions within the district," and inserting instead -- " 25 apply to the State Administrative Tribunal for a review of the requisition "; page 160 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Firearms Act 1973 Division 50 s. 364 (b) by deleting "an appeal" and inserting instead -- " the application or an appeal under section 104 of the State Administrative 5 Tribunal Act 2003 ". Division 50 -- Firearms Act 1973 364. The Act amended The amendments in this Division are to the Firearms Act 1973*. 10 [* Reprinted as at 11 August 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 146.] 365. Section 22 amended (1) Section 22(1) is amended as follows: 15 (a) by deleting the definitions of "appeal", "firearms appeals tribunal" and "magistrate"; (b) in the definition of "decision" by deleting the semicolon and inserting instead a full stop. (2) Section 22(2) is amended by deleting all of the subsection after 20 "may" and inserting instead -- " apply to the State Administrative Tribunal for a review of the decision. ". 25 (3) Section 22(3), (4), (5), (6), (7), (8) and (9) are repealed. 366. Section 34 amended Section 34(2)(c) is deleted. page 161 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 51 First Home Owner Grant Act 2000 s. 367 367. Schedule 3 repealed Schedule 3 is repealed. Division 51 -- First Home Owner Grant Act 2000 368. The Act amended 5 The amendments in this Division are to the First Home Owner Grant Act 2000*. [* Act No. 16 of 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 146 and 10 Act No. 13 of 2003.] 369. Section 3 amended Section 3(1) is amended by inserting in the appropriate alphabetical position the following definition -- " 15 "application" means an application for a first home owner grant; ". 370. Part 2 Division 6 heading amended The heading to Part 2 Division 6 is amended by deleting 20 "appeals" and inserting instead -- " review ". 371. Part 2 Division 6 Subdivision 3 heading amended The heading to Part 2 Division 6 Subdivision 3 is amended by deleting "Appeals" and inserting instead -- 25 " Review ". page 162 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 First Home Owner Grant Act 2000 Division 51 s. 372 372. Section 31 amended (1) Section 31(1) is amended by deleting all of the subsection after "may" and inserting instead -- " 5 apply to the State Administrative Tribunal for a review of the decision. ". (2) Section 31(2) is amended by deleting "appeal is to be commenced" and inserting instead -- 10 " application for review is to be made ". (3) Section 31(3) is repealed. 373. Section 32 amended (1) Section 32(1), (2) and (3) are repealed. (2) Section 32(4) is amended as follows: 15 (a) by deleting "an appeal" and inserting instead -- " an application for a review of the decision "; (b) by deleting all of the subsection after "to the decision" and inserting instead -- " 20 to the date of the decision resulting from the application for review. ". 374. Part 2 Division 6 Subdivision 4 heading deleted The heading to Part 2 Division 6 Subdivision 4 is deleted. 25 375. Section 33 repealed Section 33 is repealed. page 163 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 52 Fish Resources Management Act 1994 s. 376 Division 52 -- Fish Resources Management Act 1994 376. The Act amended The amendments in this Division are to the Fish Resources Management Act 1994*. 5 [* Reprinted as at 28 April 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 147-8.] 377. Section 4 amended Section 4(1) is amended by deleting the definition of "tribunal". 10 378. Part 14 and Part 14 Division 1 headings replaced The headings to Part 14 and Part 14 Division 1 are deleted and the following headings are inserted instead -- " Part 14 -- Right to object or apply for review 15 Division 1 -- Review of decisions concerning authorisations ". 379. Section 146 amended Section 146 is amended in the definition of "affected person" by 20 deleting "proposal" in each place where it occurs and inserting instead -- " decision ". 380. Section 147 amended (1) Section 147(1) is amended as follows: 25 (a) by inserting after "Before" -- " giving effect to a decision to "; page 164 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Fish Resources Management Act 1994 Division 52 s. 380 (b) in paragraphs (a), (d) and (e) by deleting "refusing" and inserting instead -- " refuse "; (c) in paragraph (b) by deleting "giving" and inserting 5 instead -- " give "; (d) in paragraph (c) by deleting "cancelling, suspending or refusing" and inserting instead -- " cancel, suspend or refuse "; 10 (e) in paragraph (f) by deleting "proposal" and inserting instead -- " decision "; (f) by deleting paragraph (g) and inserting instead -- " 15 (g) allow sufficient time for the person to make an application under this Division for a review of the decision and the application to be determined. ". 20 (2) Section 147(2) is amended as follows: (a) in paragraph (a) by deleting "proposal" and inserting instead -- " decision "; (b) by deleting paragraph (b) and inserting instead -- 25 " (b) state that the affected person may, under section 149, apply for a review of the decision. ". page 165 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 52 Fish Resources Management Act 1994 s. 381 381. Section 148 amended (1) Section 148(1) is amended as follows: (a) by deleting "granting, varying or transferring" and inserting instead -- 5 " giving effect to a decision to grant, vary or transfer "; (b) in paragraph (d) by deleting "proposal" and inserting instead -- 10 " decision "; (c) by deleting paragraph (e) and inserting instead -- " (e) allow sufficient time for any affected person to make an application under this Division for a 15 review of the decision and the application to be determined. ". (2) Section 148(2) is amended as follows: (a) in paragraph (a) by deleting "proposal" and inserting 20 instead -- " decision "; (b) by deleting paragraph (b) and inserting instead -- " (b) state that an affected person may, under 25 section 149, apply for a review of the decision. ". page 166 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Fish Resources Management Act 1994 Division 52 s. 382 382. Section 149 amended Section 149 is repealed and the following section is inserted instead -- " 5 149. Review (1) An affected person may apply to the State Administrative Tribunal for a review of a decision referred to in section 147(1) or section 148(1). (2) An affected person applying under subsection (1) for a 10 review is required to give the Executive Director a copy of the application on the day on which it is lodged with the State Administrative Tribunal. ". 383. Section 150 amended 15 Section 150 is amended as follows: (a) in paragraph (b) by deleting "proposes" and inserting instead -- " has decided "; (b) in paragraph (c) by deleting "objected to the proposal in 20 accordance with section 149" and inserting instead -- " applied under section 149 for a review of the decision "; 25 (c) by deleting all of the section after "until the" and inserting instead -- " application is determined. ". page 167 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 52 Fish Resources Management Act 1994 s. 384 384. Section 151 and 152 replaced Sections 151 and 152 are repealed and the following sections are inserted instead -- " 5 151. Notice of when decision has effect (1) Upon giving effect to a decision referred to in section 147(1), the Executive Director is to give each person who was given notice under section 147(1) of the decision notice that effect has been given to the 10 decision. (2) The notice is to be given in writing or in such other manner as is prescribed. (3) Upon giving effect to a decision notice of which was published under section 148(1), the Executive Director 15 is to cause notice to be published, in the same manner, that effect has been given to the decision, specifying when it was given effect. 152. Notice of decision upon application for review (1) Upon determining an application under section 149 for 20 a review of a decision referred to in section 147(1) (the "original decision"), the State Administrative Tribunal is to give notice of its decision, and of the reasons for its decision, in writing or in such other manner as is prescribed, to each person who was given notice under 25 section 147(1) of the original decision. (2) Upon determining an application under section 149 for a review of a decision referred to in section 148(1) (the "original decision"), the State Administrative Tribunal is to cause notice of its decision, and of the reasons for 30 its decision, to be published in the manner in which notice of the original decision was published under section 148(1)(d). ". page 168 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Fish Resources Management Act 1994 Division 52 s. 385 385. Section 153 to 162 repealed Section 153, 154, 155, 156, 157, 158, 159, 160, 161 and 162 are repealed. 386. Section 238 amended 5 Section 238(4) is amended as follows: (a) in paragraph (a)(v) by inserting after "Part 14" -- " , except the making of an application to the State Administrative Tribunal for a 10 review "; (b) in paragraph (d) by deleting "a tribunal under section 156" and inserting instead -- " the State Administrative Tribunal ". 15 387. Section 244 amended Section 244(1)(g) is deleted. 388. Section 250 amended Section 250(3)(b) is amended by inserting after "this Act" -- " or the State Administrative Tribunal Act 2003 ". 20 389. Section 255 amended (1) Section 255(5) is amended by deleting all of the subsection after "may" and inserting instead -- " apply to the State Administrative Tribunal for a review 25 of the giving of that notice. ". (2) Section 255(6), (7) and (8) are repealed. page 169 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 53 Fisheries Adjustment Schemes Act 1987 s. 390 390. Section 258 amended Section 258(zc)(i) is amended by inserting after "applications" -- " 5 , other than an application to the State Administrative Tribunal for a review ". Division 53 -- Fisheries Adjustment Schemes Act 1987 391. The Act amended 10 The amendments in this Division are to the Fisheries Adjustment Schemes Act 1987*. [* Reprinted as at 3 May 2002.] 392. Section 3 amended Section 3(1) is amended as follows: 15 (a) by deleting the definition of "member" and inserting instead -- " "member", in relation to a committee, means a member of the committee; 20 "; (b) by deleting the definition of "Tribunal". page 170 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Fisheries Adjustment Schemes Act 1987 Division 53 s. 393 393. Section 14J amended Section 14J(1) and (2) are amended by deleting "Tribunal" and inserting instead -- " State Administrative Tribunal ". 5 394. Section 14L amended (1) Section 14L(1) is amended by deleting "Tribunal to review" and inserting instead -- " State Administrative Tribunal for a review of the 10 Minister's determination of ". (2) Section 14L(2) is repealed. 395. Section 14M amended Section 14M is amended by deleting "proceedings have been 15 instituted before the Tribunal" and inserting instead -- " an application has been made under section 14J or 14L to the State Administrative Tribunal ". 20 396. Section 14N amended Section 14N(1) is amended as follows: (a) in paragraph (b) by deleting "Tribunal to review" and inserting instead -- " State Administrative Tribunal for a review of "; 25 (b) in paragraph (c) by deleting "Tribunal" and inserting instead -- " State Administrative Tribunal ". page 171 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 54 Fishing and Related Industries Compensation (Marine Reserves) Act 1997 s. 397 397. Part 4 Division 2 repealed Part 4 Division 2 is repealed. 398. Section 15B amended Section 15B(1)(b) is amended by deleting "14M, 14O(2), 14P or 5 14Q" and inserting instead -- " or 14M ". Division 54 -- Fishing and Related Industries Compensation (Marine Reserves) Act 1997 399. The Act amended 10 The amendments in this Division are to the Fishing and Related Industries Compensation (Marine Reserves) Act 1997*. [* Act No. 39 of 1997.] 400. Section 3 amended Section 3(1) is amended as follows: 15 (a) in the definition of "relevant event" by deleting the semicolon and inserting instead a full stop; (b) by deleting the definition of "Tribunal". 401. Section 8 amended (1) Section 8(1) is amended as follows: 20 (a) by deleting "advise the person in writing as to whether or not the Minister considers that" and inserting instead -- " decide whether or not "; (b) by inserting after "Act" -- 25 " and advise the person in writing of the decision ". page 172 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Fishing and Related Industries Compensation (Marine Division 54 Reserves) Act 1997 s. 402 (2) After section 8(1) the following subsection is inserted -- " (1a) A person who receives advice from the Minister under subsection (1) that the person is not entitled to 5 compensation under this Act may apply to the State Administrative Tribunal for a review of the decision. ". (3) Section 8(2) is repealed and the following subsection is inserted instead -- 10 " (2) If a person does not receive advice from the Minister within the period specified in subsection (1), the person may apply to the State Administrative Tribunal to determine whether or not the person is entitled to 15 compensation under this Act. ". (4) Section 8(3) is amended by inserting after "subsection" -- " (1a) or ". 402. Section 9 amended 20 Section 9(1) is amended by deleting "that the Minister considers that" and inserting instead -- " , or the State Administrative Tribunal determines, that ". 403. Section 10 amended (1) Section 10(1) is amended as follows: 25 (a) by deleting "Tribunal" and inserting instead -- " State Administrative Tribunal "; page 173 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 55 Gas Standards Act 1972 s. 404 (b) by deleting "the Minister considers that" and inserting instead -- " , or of the State Administrative Tribunal determining 5 that, ". (2) Section 10(2) is amended by deleting "Tribunal" and inserting instead -- " State Administrative Tribunal ". 10 404. Section 11 amended Section 11 is amended by deleting all of the subsection after "though" and inserting instead -- " an application has been made under section 8 or 10 to 15 the State Administrative Tribunal. ". 405. Section 12 amended Section 12(1)(b) is amended by deleting "Tribunal" and inserting instead -- 20 " State Administrative Tribunal ". Division 55 -- Gas Standards Act 1972 406. The Act amended The amendments in this Division are to the Gas Standards Act 1972*. 25 [* Reprinted as at 7 July 2000.] page 174 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Gas Standards Act 1972 Division 55 s. 407 407. Section 13A amended (1) Section 13A(3) is amended as follows: (a) in paragraph (d) by deleting ", suspension, cancellation,"; 5 (b) in paragraph (e) by deleting "and other proceedings"; (c) in paragraph (f) by deleting ", and as to the hearing of inquiries, disciplinary proceedings, and appeal procedures". (2) Section 13A(11) is amended as follows: 10 (a) by deleting "call upon that person to return his certificate, permit or authorisation to the Director, and appear before a prescribed person or body of persons authorised by the Director to show cause why he should not be dealt with in accordance with the provisions of 15 this Act, and pending the holding of the inquiry" and inserting instead -- " allege to the State Administrative Tribunal that there is proper cause for disciplinary action and, pending the 20 holding of any proceedings commenced by the allegation, "; (b) by deleting "the person required to show cause should be disqualified or suspended" and inserting instead -- 25 " any disqualification or suspension be imposed on a person against whom an allegation could be made to the State Administrative Tribunal "; 30 (c) by deleting "holding an inquiry" and inserting instead -- " making an allegation to the State Administrative Tribunal ". page 175 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 55 Gas Standards Act 1972 s. 407 (3) Section 13A(12) is amended as follows: (a) by deleting "Where the Director calls for any person to return his certificate, permit or authorisation and appear before a prescribed person or body of persons authorised 5 by the Director" and inserting instead -- " For the purposes of investigating or dealing with a person referred to in subsection (11) (the "holder") "; 10 (b) by deleting paragraphs (a) and (b); (c) in paragraph (c) -- (i) by deleting "at any inquiry held pursuant to this section of the person required to show cause" and inserting instead -- 15 " before the Director of the holder "; (ii) by deleting "at those proceedings"; and (iii) by deleting "person required to show cause desires" and inserting instead -- " holder desires "; 20 (d) in paragraph (d) -- (i) by deleting "appearing" and inserting instead -- " attending "; (ii) by deleting "before an inquiry" in each place where it occurs; and 25 (iii) by deleting "an appeal" and inserting instead -- " proceedings before the State Administrative Tribunal commenced by an allegation ". 30 (4) Section 13A(14) is amended as follows: (a) by deleting "at an inquiry" and inserting instead -- " in proceedings before the Director "; page 176 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Gas Standards Act 1972 Division 55 s. 407 (b) by deleting "at the inquiry". (5) Section 13A(15) is amended as follows: (a) by deleting "an inquiry, or any part of an inquiry" and inserting instead -- 5 " proceedings before the Director under this section, or any part of them "; (b) by deleting "of the inquiry"; 10 (c) by deleting "a Judge and shall be heard in Chambers, and the Judge" and inserting instead -- " the State Administrative Tribunal, and the State Administrative Tribunal 15 "; (d) by deleting "Judge thinks fit; and the decision of a Judge on any matter under this subsection is final" and inserting instead -- " State Administrative Tribunal thinks fit ". 20 (6) Section 13A(16) is amended as follows: (a) by deleting "Where it appears to the Director, as the result of an inquiry held pursuant to this section, that the person required to show cause why he should not be dealt with according to the provisions of this Act has 25 failed so to show cause, or if that person fails to appear at the inquiry without reasonable excuse, the Director" and inserting instead -- " The State Administrative Tribunal dealing with an 30 allegation against a person made under subsection (11) "; page 177 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 55 Gas Standards Act 1972 s. 408 (b) by deleting "and may endorse" and inserting instead -- " and the Director dealing with a matter under that subsection may do anything referred to in paragraph (c) 5 or (d) and the Director is required to endorse ". (7) Section 13A(17) is amended by deleting "any case" and inserting instead -- " 10 dealing with a matter under subsection (11) instead of making an allegation to the State Administrative Tribunal ". (8) Section 13A(19) is amended by inserting after "suspension" -- 15 " made by the Director ". 408. Section 13B replaced Section 13B is repealed and the following section is inserted instead -- " 20 13B. Application for review (1) Any person aggrieved by a reviewable decision may apply to the State Administrative Tribunal for a review of the decision. (2) In subsection (1) -- 25 "person aggrieved" means -- (a) the holder of a certificate of competency, permit or authorisation; or (b) a person who has applied for a certificate of competency, permit or authorisation; page 178 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Gas Standards Act 1972 Division 55 s. 409 "reviewable decision" means a decision made under this Act in relation to a certificate of competency, permit or authorisation, including a decision made in dealing with a person referred to in 5 section 13A(11) but not including a decision to make an allegation to the State Administrative Tribunal. ". 409. Section 13C replaced by sections 13C and 13CA 10 Section 13C is repealed and the following sections are inserted instead -- " 13C. Surrender of licence Despite the surrender by a person of the person's 15 licence, this Act applies, for the purpose of enabling the person to be investigated or otherwise dealt with for a matter arising before the surrender, as if the licence had not been surrendered. 13CA. Annual reporting 20 The annual report under the Financial Administration and Audit Act 1985 of the department of the Public Service in which the Director is employed is to include details of -- (a) the number, nature, and outcome, of -- 25 (i) investigations and inquiries undertaken under this Act by, or at the direction of, the Director; and (ii) matters that have been brought before the State Administrative Tribunal under 30 this Act by the Director; (b) the number and nature of matters referred to in paragraph (a) that are outstanding; page 179 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 56 Gender Reassignment Act 2000 s. 410 (c) any trends or special problems that may have emerged; (d) forecasts of the workload of the Director in performing functions under this Act in the year 5 after the year to which the report relates; and (e) any proposals for improving the performance of the Director's functions under this Act. ". Division 56 -- Gender Reassignment Act 2000 10 410. The Act amended The amendments in this Division are to the Gender Reassignment Act 2000*. [* Act No. 2 of 2000.] 411. Section 17 amended 15 Section 17(2)(b) is amended as follows: (a) by deleting "appeal is commenced against" and inserting instead -- " application is made for a review of "; (b) by deleting "the appeal" and inserting instead -- 20 " the application ". 412. Section 21 amended (1) Section 21(1) is amended by deleting "appeal to the Supreme Court against" and inserting instead -- " apply to the State Administrative Tribunal for a review of ". 25 (2) Section 21(2), (3) and (4) are repealed. page 180 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Guardianship and Administration Act 1990 Division 57 s. 413 Division 57 -- Guardianship and Administration Act 1990 Subdivision 1 -- Amendments to the Act 413. The Act amended The amendments in this Subdivision are to the Guardianship 5 and Administration Act 1990*. [* Reprinted as at 22 November 2002.] 414. Long title amended The long title is amended by deleting "establish a Board with jurisdiction" and inserting instead -- 10 " confer on the State Administrative Tribunal jurisdiction ". 415. Section 3 amended Section 3(1) is amended as follows: 15 (a) by deleting the definition of "application" and inserting instead -- " "application" means an application to the State Administrative Tribunal under this Act; 20 "; (b) in the definition of "determination" -- (i) by inserting "and" after paragraph (g); (ii) in paragraph (h) by deleting the semicolon and inserting instead a full stop; and 25 (iii) by deleting paragraphs (i) and (j); page 181 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 57 Guardianship and Administration Act 1990 s. 416 (c) by deleting the definition of "member" and inserting the following definition instead -- " "member" means a member of the State 5 Administrative Tribunal; "; (d) by deleting the definitions of "approved", "Board", "deputy president", "date of the determination", "executive officer", "Full Board" and "president"; 10 (e) by inserting in the appropriate alphabetical positions the following definitions -- " "Deputy President" means a Deputy President of the State Administrative Tribunal; 15 "executive officer" has the meaning given to that term in the State Administrative Tribunal Act 2003 section 3; "Full Tribunal" means the State Administrative Tribunal constituted so as to consist of -- 20 (a) the President; or (b) a Deputy President, and 2 other members; "President" means the President of the State Administrative Tribunal; 25 ". 416. Section 4 amended Section 4(1) amended by deleting "the performance of its functions the Board" and inserting instead -- " 30 dealing with proceedings commenced under this Act the State Administrative Tribunal ". page 182 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Guardianship and Administration Act 1990 Division 57 s. 417 417. Part 3 and Part 3 Division 1 headings replaced The headings to Part 3 and Part 3 Division 1 are deleted and the following headings are inserted instead -- " 5 Part 3 -- The State Administrative Tribunal Division 1 -- Constitution, functions and proceedings ". 418. Section 5 replaced Section 5 is repealed and the following section is inserted 10 instead -- " 5. Constitution of State Administrative Tribunal under this Act (1) For the purposes of exercising jurisdiction conferred by 15 or under this Act, the State Administrative Tribunal must be constituted by either one or 3 members, and not otherwise. (2) This section has effect subject to section 56A. ". 20 419. Sections 6 to 12 repealed Sections 6, 6A, 6B, 7, 8, 9, 10, 11 and 12 are repealed. 420. Part 3 Division 2 heading deleted The heading to Part 3 Division 2 is deleted. page 183 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 57 Guardianship and Administration Act 1990 s. 421 421. Section 13 amended Section 13 is amended as follows: (a) by deleting "The functions of the Board are" and inserting instead -- 5 " For the purposes of this Act, the State Administrative Tribunal has "; (b) in paragraphs (a), (b), (c), (d) and (e) by inserting before 10 "to" in the first place where it occurs -- " jurisdiction "; (c) in paragraph (f) by deleting "to perform certain functions" and inserting instead -- " certain jurisdiction "; 15 (d) in paragraph (g) -- (i) by deleting "to perform the other functions" and inserting instead -- " any other jurisdiction "; and (ii) by deleting "and any function vested in it by any 20 other Act" and inserting instead -- " or any other Act in relation to matters of guardianship and administration ". 25 422. Sections 14 to 15A repealed Sections 14, 15 and 15A are repealed. 423. Section 16 amended (1) Section 16(1)and (3) are repealed. page 184 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Guardianship and Administration Act 1990 Division 57 s. 424 (2) Section 16(4) is amended by inserting after "proceedings" in the first place where it occurs -- " commenced under this Act ". (3) Section 16(5) is repealed and the following subsection is 5 inserted instead -- " (5) Nothing in this section limits any other power of the State Administrative Tribunal under the State Administrative Tribunal Act 2003. 10 ". 424. Section 17 amended (1) Section 17 is amended as follows: (a) by inserting before "The" the subsection designation "(1)"; 15 (b) by deleting "the proceedings of the Board" and inserting instead -- " proceedings of the State Administrative Tribunal commenced under this Act 20 "; (2) At the end of section 17 the following subsection is inserted -- " (2) Those provisions operate in addition to the provisions of the State Administrative Tribunal Act 2003. 25 ". 425. Section 17A amended (1) Section 17A(1) is amended by deleting "president" in each place where it occurs and inserting instead -- " President ". page 185 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 57 Guardianship and Administration Act 1990 s. 426 (2) Section 17A(2) is amended by deleting "in the approved form and". 426. Section 17B amended (1) Section 17B(1) is amended by inserting after "review" -- 5 " commenced ". (2) Section 17A(2) is amended as follows: (a) by deleting "shall be in the approved form and"; (b) by deleting paragraph (b) and inserting instead -- " 10 (b) in the case of the notice given to the applicant or the represented person, a summary of the provisions of section 16 and clause 13 of Part B of Schedule 1 of this Act and sections 39, 86 and 87 of the State Administrative Tribunal 15 Act 2003 as they affect that person. ". 427. Sections 17C and 17D repealed Sections 17C and 17D are repealed. 428. Section 19 amended 20 Section 19(a) and (b) are amended by deleting "president" and inserting instead -- " President ". 429. Section 33 amended Section 33(1) is amended by deleting "of the Board". 25 430. Part 3 Division 4 repealed Part 3 Division 4 is repealed. page 186 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Guardianship and Administration Act 1990 Division 57 s. 431 431. Section 40 amended (1) Section 40(2) is repealed. (2) Section 40(3) is amended by deleting "the approved" and inserting instead -- 5 " written ". 432. Section 41 amended Section 41(2) is amended as follows: (a) by deleting "shall be in the approved form and"; (b) in paragraph (b)(i) by inserting after "Schedule 1" -- 10 " , and sections 39, 86 and 87 of the State Administrative Tribunal Act 2003, ". 433. Section 42 repealed 15 Section 42 is repealed. 434. Section 55 amended Section 55(2) is amended by deleting "Board" and inserting instead -- " Public Advocate ". 20 435. Section 56A amended Section 56A is amended by deleting "6B" and inserting instead -- " 5 ". 436. Section 59 amended 25 Section 59(2) is repealed. page 187 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 57 Guardianship and Administration Act 1990 s. 437 437. Section 60 amended Section 60(2) is amended as follows: (a) by deleting "shall be in the approved form and"; (b) in paragraph (b)(i) by inserting after "Schedule 1" -- 5 " , and sections 39, 86 and 87 of the State Administrative Tribunal Act 2003, ". 438. Section 61 repealed 10 Section 61 is repealed. 439. Section 80 amended (1) Section 80(1) is amended as follows: (a) by deleting "rules made by, the Board" and inserting instead -- 15 " regulations "; (b) by deleting "Board" in each place where it occurs and inserting instead -- " Public Trustee ". (2) Section 80(1a) is repealed. 20 (3) Section 80(2), (3), (4), (5) and (6) are amended by deleting "Board" in each place where it occurs and inserting instead -- " Public Trustee ". (4) Section 80(6) is amended by deleting "executive officer" and inserting instead -- 25 " Public Trustee ". (5) After section 80(6) the following subsection is inserted -- " (6a) A person aggrieved by a decision of the Public Trustee under subsection (3) may apply to the page 188 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Guardianship and Administration Act 1990 Division 57 s. 440 State Administrative Tribunal for a review of the decision. ". 440. Section 82 amended 5 (1) Section 82(1) is amended as follows: (a) by deleting "Supreme Court" and inserting instead -- " State Administrative Tribunal "; (b) by deleting "Court" in the second place where it occurs and inserting instead -- 10 " Tribunal ". (2) Section 82(2) is amended as follows: (a) by deleting "Court" in the first place where it occurs and inserting instead -- " State Administrative Tribunal "; 15 (b) in paragraph (b) by deleting "Court" and inserting instead -- " Tribunal ". 441. Section 85 amended (1) Section 85(2) is amended by deleting "the motion of the Board 20 or on". (2) Section 85(3) is amended by deleting all of the subsection after "practicable after the" and inserting instead -- " application for review is made. ". (3) After subsection (3) the following subsection is inserted -- 25 " (4) Where -- (a) a joint guardian or administrator dies; or page 189 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 57 Guardianship and Administration Act 1990 s. 442 (b) an alternate guardian becomes the guardian under section 55 on the death of the original guardian, the Public Advocate shall ensure that an application for 5 review is made as soon as practicable after the date of death. ". 442. Section 86 amended (1) Section 86(1) is repealed and the following subsection is 10 inserted instead -- " (1) The State Administrative Tribunal may at any time on the application of -- (a) the Public Advocate; 15 (b) a represented person or a guardian or an administrator; or (c) a person to whom leave has been granted under section 87, review a guardianship order or an administration order. 20 ". (2) Section 86(2) is amended by deleting "(i)". 443. Section 87 amended Section 87(2) and (3) are repealed. 444. Section 88 amended 25 Section 88 is amended as follows: (a) by deleting "shall be made in the approved form and shall be lodged with the executive officer, and" and inserting instead a comma; (b) by inserting after "87" a comma. page 190 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Guardianship and Administration Act 1990 Division 57 s. 445 445. Section 89 amended (1) Section 89(1) is amended by inserting after "review" -- " commenced ". (2) Section 89(2) is amended as follows: 5 (a) by deleting "shall be in the approved form and"; (b) in paragraph (c)(i) by inserting after "Schedule 1" -- " , and sections 39, 86 and 87 of the State Administrative Tribunal Act 2003, 10 ". 446. Section 90 amended (1) Section 90 is amended by inserting before "Upon" the subsection designation "(1)". (2) At the end of section 90 the following subsection is inserted -- 15 " (2) A review under this Part is in the State Administrative Tribunal's original jurisdiction. ". 447. Section 97 amended 20 Section 97(1) is amended as follows: (a) by deleting "section 40" and inserting instead -- " this Act "; (b) in paragraph (b) by deleting "Board" and inserting instead -- 25 " State Administrative Tribunal commenced under this Act "; page 191 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 57 Guardianship and Administration Act 1990 s. 448 (c) in paragraph (f)(i) by deleting "Board" and inserting instead -- " State Administrative Tribunal conferred 5 under this Act ". 448. Section 104A amended Section 104A(3) is amended by deleting "Sections 41(1) and (3) and 42" and inserting instead -- 10 " Section 41(1) and (3) ". 449. Section 106 amended Section 106(4) is amended by deleting "Sections 41(1) and (3) and 42" and inserting instead -- " Section 41(1) and (3) ". 15 450. Section 108 amended (1) Section 108(1)(a) is amended by deleting "board" and inserting instead -- " State Administrative Tribunal ". (2) Section 108(4) is amended by deleting "Sections 41(1) and (3) 20 and 42" and inserting instead -- " Section 41(1) and (3) ". 451. Section 111 amended Section 111(5) is amended by deleting "Board of its own motion or" and inserting instead -- 25 " State Administrative Tribunal ". page 192 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Guardianship and Administration Act 1990 Division 57 s. 452 452. Section 112 amended (1) Section 112(1) and (2) are amended by inserting after "proceedings" in the first place where it occurs -- " commenced under this Act ". 5 (2) Section 112(3) is amended by deleting "or officer of the Board" and inserting instead -- " of the State Administrative Tribunal or a member of staff of the Tribunal 10 ". (3) Section 112(4) is amended by deleting ", or of its own motion". 453. Section 113 amended After section 113(2) the following subsection is inserted -- " 15 (3) The provisions of this section are in addition to, and do not derogate from, the provisions of the State Administrative Tribunal Act 2003 relating to the disclosure of information and documents. ". 20 454. Section 114 amended Section 114(2) and (3) are repealed. 455. Section 116 repealed Section 116 is repealed. 456. Section 117 amended 25 Section 117(3)(b) is amended by inserting after "section 16" -- " of this Act or section 39, 86 or 87 of the State Administrative Tribunal Act 2003 ". page 193 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 57 Guardianship and Administration Act 1990 s. 457 457. Section 120 amended Section 120(2) is repealed. 458. Sections 121 to 123 repealed Sections 121, 122 and 123 are repealed. 5 459. Schedule 1 amended (1) Schedule 1 is amended before "Part A" by deleting "[sections 7 and 17]" and inserting instead -- " [section 17] ". (2) Schedule 1 Part A is repealed. 10 (3) Schedule 1 Part B clauses 1 to 10 are repealed. (4) Schedule 1 Part B clause 11(1) is repealed. (5) Schedule 1 Part B clause 11(2) is amended as follows: (a) by deleting "the proceedings" in the first place where it occurs and inserting instead -- 15 " proceedings commenced under this Act "; (b) by deleting "order" and inserting instead -- " direct ". (6) Schedule 1 Part B clause 11(3) is amended by deleting "Board" and inserting instead -- 20 " State Administrative Tribunal commenced under this Act "; (7) Schedule 1 Part B clause 11(4) and the Penalty provision after it are repealed. 25 (8) Schedule 1 Part B clause 12(1) and (2) are amended by inserting before "under" -- " commenced ". page 194 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Guardianship and Administration Act 1990 Division 57 s. 460 (9) Schedule 1 Part B clause 13(1) and (3) are repealed. (10) Schedule 1 Part B clause 13(2)(a) and (b) are amended by deleting "the proceedings" and inserting instead -- " proceedings commenced under this Act ". 5 (11) Schedule 1 Part B clause 13(4) is amended by deleting "Board" in the first place where it occurs and inserting instead -- " State Administrative Tribunal commenced under this Act ". 460. Schedule 3 amended Schedule 3 Forms 1 and 2 are amended by deleting 10 "Guardianship and Administration Board" and inserting instead -- " State Administrative Tribunal ". 461. Various references to "Board" amended (1) The Act is amended by deleting "Board" in each place specified 15 in the Table to this section and inserting instead -- " State Administrative Tribunal ". Table s. 3(1) (definitions of "determination" and "party") Pt. 2 heading s. 4(2)(a), (b), (c), (d), (e) and (f) s. 16(2)(a) and (b) s. 16(4) (both places) Pt. 3 Div. 2A heading s. 17A(1) (in the first place) s. 17B(3) s. 18(2) (in the first place) s. 19 (3 places) s. 21(a) s. 24(2) (in the first place) s. 26(a) s. 28(1) and (3) page 195 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 57 Guardianship and Administration Act 1990 s. 461 s. 29(1)(a) s. 29(2) (in the first place) s. 30(1)(a) s. 30(1)(c) (in the first place) s. 30(2) (in the first place) s. 30(3) s. 31 s. 40(1) s. 41(2)(b)(ii) and (3) s. 43(1) (in the first place) s. 43(2) and (3) s. 44(1), (2) and (5) s. 46 s. 47(1) (in the first place) s. 47(3) and (4) s. 49(1) and (2) s. 51(1) s. 53(b) s. 56A (in the first place) s. 57(1)(a) and (2)(a) s. 58(1) s. 59(1) s. 60(2)(b)(ii) and (3) s. 63(1) and (2) s. 64(1) (in the first place) s. 64(2) and (3) s. 65(1) (in the first place) s. 66(1) (in the first place) s. 66(3) and (6) s. 67(2) and (3) s. 68(1), (2), (3) and (5) s. 69(1) s. 71(1), (3), (4) and (5) s. 71A(1) and (2) s. 72(1), (2) and (3) s. 74(1) (in the first place) s. 74(3) and (4) s. 75(b) s. 77(1) (in the first place) s. 78(1)(a) s. 81(1) and (2) page 196 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Guardianship and Administration Act 1990 Division 57 s. 461 s. 84 s. 85(1) (in the first place) s. 86(1) s. 87(1), (4)(b) and (5) s. 89(2)(c)(ii) and (3) s. 90 s. 95(2), (3) s. 95(4) (in the first place) s. 97(1)(a) (in the first place) s. 102 (in the definition of "enduring power of attorney") s. 104(1)(b)(ii) s. 104A(1) s. 104A(2) and (4) (both in the first place) s. 106(1) and (3) s. 106(2) and (5) (both in the first place) s. 107(1)(d) and (2) s. 108(1)(b), (1a) and (3) (all in the first place) s. 109(1) and (3) (both in the first place) s. 109(2), (4) and (5) s. 110 s. 111(1), (2) and (4) s. 112(1), (2) and (4) (all in the first place) s. 112(5) s. 114(1) (in the first place) s. 117(1) (in the first place) s. 117(4) s. 118(2) Sch. 1 Pt B heading Sch. 1 Pt. B cl. 11(2), 12(2) and 13(2) (all in the first place) Sch. 1 Pt. B cl. 12(8)(d) Sch. 2 Pt. A it. 5 and 6 (both in the first place) Sch. 2 Pt. A it. 21 Sch. 2 Pt. A it. 23 (in the first place) Sch. 2 Pt. B (in the first, second and third places) Sch. 5 cl. 3(1) page 197 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 57 Guardianship and Administration Act 1990 s. 461 (2) The Act is amended by deleting "Board" in each place specified in the Table to this section and inserting instead -- " Tribunal ". Table s. 16(2) (in the third place) s. 17A(1) (in the second place) s. 17A(2) (both places) s. 18(2) (in the second and third places) s. 24(2) (in the second place) s. 29(2) (in the second place) s. 30(1)(c) and (2) (both in the second place) s. 43(1) (in the second place) s. 47(1) (in the second place) s. 56A (in the second place) s. 64(1) (in the second place) s. 65 (in the second place) s. 66(1) (in the second place) s. 74 (in the second place) s. 77(1) (in the second place) s. 85(1)(c) and (d) s. 95(4) (in the second place) s. 97(1)(a) s. 97(1)(b)(ii) s. 97(1)(b)(iii) (in each place) s. 104A(2) and (4) (both in the second place) s. 106(2) and (5) (both in the second place) s. 108(1)(b) (in the second place) s. 108(1a) (in the second and third places) s. 108(3)(b) s. 109(1) (in the second, third, fourth and fifth places) s. 109(3)(b) s. 111(5) (in the second place) s. 112(1) and (2) (both in the second place) s. 112(3) (in the second and third places) s. 112(4)(a) s. 114(1) (in the second place) s. 117(1) (in the second place) Sch. 1 Pt. B cl. 11(2) (in the second, third and fourth places) page 198 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Guardianship and Administration Act 1990 Division 57 s. 462 Sch. 1 Pt. B cl. 12(2) (in the second place) Sch. 1 Pt. B cl. 13(2)(a) and (b) Sch. 1 Pt. B cl. 13(4) (in the second place) Sch. 2 Pt. A it. 5 and 6 (both in the second place) Sch. 2 Pt. A it. 23 (in the second and third places) Sch. 2 Pt. B para (h) (in the second place) Subdivision 2 -- Amendments needed because Act amended 462. Disability Services Act 1993 amended (1) The amendments in this section are to the Disability Services Act 1993*. 5 [* Reprint approved 26 May 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 105.] (2) Section 52(1)(c) is amended by deleting "Guardianship and Administration Board established" and inserting instead -- 10 " State Administrative Tribunal commenced ". 463. Electoral Act 1907 amended (1) The amendments in this section are to the Electoral Act 1907*. [* Reprint approved 15 December 2000. For subsequent amendments see Western Australian 15 Legislation Information Tables for 2002, Table 1, p. 115.] (2) Section 51AA(1) is amended by deleting "Guardianship and Administration Board established by that Act" and inserting instead -- " State Administrative Tribunal ". 20 464. Industrial Relations Act 1979 amended (1) The amendments in this section are to the Industrial Relations Act 1979*. [* Reprint as at 8 November 2002. For subsequent amendments see Act No. 20 of 2003.] page 199 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 57 Guardianship and Administration Act 1990 s. 464 (2) Section 97WR is amended as follows: (a) by deleting the definition of "Guardianship and Administration Board" or "Board"; (b) by inserting in the appropriate alphabetical position -- 5 " "Public Advocate" has the meaning given to that term in the Guardianship and Administration Act 1990 section 3; ". 10 (3) Section 97WU(1) is amended by deleting "it must" and inserting instead -- " he or she must ". (4) Section 97WU(3) is amended as follows: (a) in paragraph (b), by inserting before "subsequently" -- 15 " the State Administrative Tribunal "; (b) by deleting "it must" and inserting instead -- " the Public Advocate must ". (5) Section 97XI(1) is amended by deleting "Guardianship and Administration Board, in accordance with the regulations," and 20 inserting instead -- " State Administrative Tribunal ". (6) Section 97XL(1)(b) is amended by deleting "and (3)". (7) Section 97XL(2) is amended by deleting ", 3 and 4" and inserting instead -- 25 " and 3 ". page 200 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Hairdressers Registration Act 1946 Division 58 s. 465 (8) The Act is amended in each place described in the Table to this subsection by deleting "Guardianship and Administration Board" and inserting instead -- " Public Advocate ". 5 Table s. 97WT(1) s. 97WZ(3)(b) s. 97XN(2)(b) (9) The Act is amended in each place described in the Table to this subsection by deleting "Board" and inserting instead -- " Public Advocate ". Table s. 97WT(4) s. 97WU(1) and (3) 10 (10) The Act is amended in each place described in the Table to this subsection by deleting "Board" and inserting instead -- " State Administrative Tribunal ". Table s. 97XI(2)(b) s. 97XK(1), (2), (3), and (4) (in each place) s. 97XL(2) Division 58 -- Hairdressers Registration Act 1946 15 465. The Act amended The amendments in this Division are to the Hairdressers Registration Act 1946*. [* Reprint 2 as at 7 March 2003.] 466. Section 7 amended 20 Section 7(1)(b) and (c) are deleted. page 201 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 58 Hairdressers Registration Act 1946 s. 467 467. Section 14C amended After section 14C(1) the following subsection is inserted -- " (1a) The Board's annual report is to include details of -- 5 (a) the number, nature, and outcome, of -- (i) investigations and inquiries undertaken by, or at the direction of, the Board; and (ii) matters that have been brought before the State Administrative Tribunal under 10 this Act; (b) the number and nature of matters referred to in paragraph (a) that are outstanding; (c) any trends or special problems that may have emerged; 15 (d) forecasts of the workload of the Board in the year after the year to which the report relates; and (e) any proposals for improving the operation of the Board. 20 ". 468. Section 16 amended (1) Before section 16(1) the following subsection is inserted -- " (1a) The Board may allege to the State Administrative 25 Tribunal that there is proper cause for disciplinary action, as mentioned in subsection (1), against a hairdresser. ". page 202 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Hairdressers Registration Act 1946 Division 58 s. 468 (2) Section 16(1) is amended as follows: (a) by deleting "The registration (whether in respect of one or more prescribed classes) of any person as a hairdresser under this Act -- " and inserting instead -- 5 " There is proper cause for disciplinary action against a hairdresser -- "; (b) in paragraph (c) by deleting "in the opinion of the 10 Board,"; (c) by deleting paragraph (d) and inserting instead -- " (d) who, for any other reason is no longer a fit and proper person to practise as a hairdresser. 15 "; (d) by deleting "may be cancelled or suspended by order of the Board and upon the making of the order of cancellation or during the period specified in the order of suspension such person shall cease to be registered as 20 a hairdresser: Provided that no such cancellation or suspension shall take effect until after the expiration of one month from making of the order of cancellation or suspension or in the event of an appeal therefrom pursuant to subsection (5) until judgment is given on 25 such appeal.". (3) After section16(1) the following subsection is inserted -- " (1aa) If, in a proceeding commenced by an allegation under this section against a hairdresser, the State 30 Administrative Tribunal is satisfied that proper cause exists for disciplinary action, the State Administrative Tribunal may cancel or suspend the hairdresser's registration. ". page 203 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 58 Hairdressers Registration Act 1946 s. 469 (4) Section16(2) is amended by deleting "The cancellation or suspension of the registration of any person may at any time and for such reasons as the Board thinks fit by order of the Board be annulled but" and inserting instead -- 5 " Subject to subsection (3), a hairdresser whose registration has been cancelled or suspended may at any time apply to the Board for re-registration but ". 10 (5) Section16(3) is repealed and the following subsection is inserted instead -- " (3) If the registration of a hairdresser has been cancelled or suspended by an order made by the State 15 Administrative Tribunal then the power of the Board under subsection (2) is to be exercised subject to the terms of that order. ". (6) Section 16(4) is amended by inserting after "person being 20 made" -- " by the State Administrative Tribunal ". (7) Section 16(5) and (6) are repealed. 469. Section 16A inserted After section 16 the following section is inserted -- 25 " 16A. Application for review (1) A person aggrieved by a reviewable decision of the Board in relation to that person may apply to the State Administrative Tribunal for a review of the decision. page 204 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Hairdressers Registration Act 1946 Division 58 s. 470 (2) In subsection (1) -- "person aggrieved" means a person -- (a) whose registration as a hairdresser is affected by a reviewable decision; or 5 (b) who applies for registration; "reviewable decision" means a decision of the Board -- (a) refusing or suspending registration; or (b) granting registration on a condition or 10 conditions. ". 470. Section 17 amended Section 17 is amended as follows: (a) by deleting "authorised to be made under this Act" and 15 inserting instead -- " before making an allegation under section 16(1a), "; (b) by deleting "witnesses" and inserting instead -- 20 " persons ". 471. Section 18 amended Section 18 is amended by deleting "by order of the Board". 472. Section 18A and 18B inserted After section 18 the following sections are inserted -- 25 " 18A. Surrender of registration or certificate Despite the surrender by a person of the person's registration, or a certificate issued to the person under page 205 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 59 Health Act 1911 s. 473 this Act, this Act applies, for the purpose of enabling the person to be investigated or otherwise dealt with for a matter arising before the surrender, as if the registration or certificate had not been surrendered. 5 18B. Suspension of registration by State Administrative Tribunal (1) Where the State Administrative Tribunal makes an order against a hairdresser and payment is not made in accordance with the order or the order is otherwise not 10 complied with or is breached, the State Administrative Tribunal may suspend the person's registration until the payment is made, or for such period or upon such event occurring as the State Administrative Tribunal thinks fit. (2) The power conferred on the State Administrative 15 Tribunal by subsection (1) is in addition to, and does not derogate from, the powers conferred on it by the State Administrative Tribunal Act 2003. ". 473. Section 19 amended 20 Section 19(1)(a) is amended by deleting "order or". 474. Section 20 amended Section 20 is repealed. Division 59 -- Health Act 1911 475. The Act amended 25 The amendments in this Division are to the Health Act 1911*. [* Reprinted as at 31 March 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 168.] page 206 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Health Act 1911 Division 59 s. 476 476. Section 36 amended (1) Section 36(1) is amended by deleting "is empowered to recover any expenses incurred by it may, within 21 days after notice of such order or decision, appeal against such order or decision to 5 a magistrate sitting as a court of petty sessions within the district" and inserting instead -- " may apply to the State Administrative Tribunal for a review of the order or decision 10 ". (2) Subsections (2) and (3) are repealed and the following subsection is inserted instead -- " (2) Upon the local government being given a copy of an 15 application made under subsection (1) for review of a decision or order, any proceedings commenced by the local government under the decision or order to recover expenses incurred by it shall be stayed. ". 20 477. Section 37 repealed Section 37 is repealed. 478. Section 62 amended Section 62 is amended by deleting "by a compensation court duly constituted". 25 479. Section 63 amended Section 63(1) is amended by inserting after "appeal" -- " or review ". page 207 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 59 Health Act 1911 s. 480 480. Section 137 amended Section 137 is amended in paragraph (ii) of the proviso by deleting "shall have a right of appeal against such notice, and, in relation to any such appeal, the provisions of section 36 shall 5 mutatis mutandis apply" and inserting instead -- " may apply to the State Administrative Tribunal for a review of the decision ". 10 481. Section 165 amended Section 165(1) is amended by deleting "Subject to section 37, the" and inserting instead -- " The ". 482. Section 166 amended 15 Section 166(1) is amended by deleting "Subject to section 37 the" and inserting instead -- " The ". 483. Section 187 amended (1) Section 187(1) is amended by deleting ", or in case of appeal, as 20 hereinafter provided, of the Executive Director, Public Health". (2) Section 187(2) is repealed. 484. Section 192 amended (1) Section 192(2) is repealed and the following subsection is inserted instead -- 25 " (2) Without limiting section 36, that section applies to any decision of the local government to grant or renew the page 208 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Health Act 1911 Division 59 s. 485 registration or to refuse to grant or renew the registration. ". (2) Section 192(3) is repealed. 5 485. Section 244 amended (1) Section 244(1) is amended by deleting "appeal in manner prescribed against the decision to a Judge sitting in open court or in chambers, as that Judge may determine" and inserting instead -- 10 " apply to the State Administrative Tribunal for a review of the decision ". (2) Section 244(2) is repealed. 15 486. Section 246Y amended (1) Section 246Y(6) is amended by deleting ", within 14 days after the date of that refusal, appeal to a Local Court against that refusal" and inserting instead -- " 20 apply to the State Administrative Tribunal for a review of the decision ". (2) Section 246Y(7) and (8) are repealed. (3) Section 246Y(10)(b) is amended as follows: 25 (a) by deleting "an appeal made" and inserting instead -- " on a review in proceedings commenced "; (b) by deleting "has not been allowed" and inserting instead -- " , the decision has not been set aside, ". page 209 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 60 Health Services (Conciliation and Review) Act 1995 s. 487 487. Section 246ZG amended (1) Section 246ZG(1) is amended by deleting "make application in the prescribed form to a Local Court for an order directing the environmental health officer to release the article seized and 5 detained by him" and inserting instead -- " apply to the State Administrative Tribunal for a review of the decision ". 10 (2) Section 246ZG(3), (4), (5) and (6) are repealed. 488. Section 246ZI amended Section 246ZI(1)(a) is amended by deleting "its release" and inserting instead -- " review of the decision ". 15 Division 60 -- Health Services (Conciliation and Review) Act 1995 489. The Act amended The amendments in this Division are to the Health Services (Conciliation and Review) Act 1995*. 20 [* Reprinted as at 1 June 2001.] 490. Section 10 amended Section 10(3) is amended as follows: (a) by inserting after "registration board or" -- " 25 the State Administrative Tribunal, as the case may be "; page 210 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Health Services (Conciliation and Review) Act 1995 Division 60 s. 491 (b) in paragraph (a) by deleting "and cross-examine or call and examine witnesses" and inserting instead -- " or the State Administrative Tribunal and call 5 witnesses and otherwise adduce evidence ". 491. Section 26 amended Section 26(2) is amended as follows: (a) after "a court" by deleting "or" and inserting instead -- 10 " , the State Administrative Tribunal, "; (b) after "the court," by deleting "industrial". 492. Section 46 amended Section 46(1)(c) is amended by deleting "exercising the right to be heard conferred by section 54(1)" and inserting instead -- 15 " facilitating the Director's participation in any further proceeding relating to the matter ". 493. Section 52 amended 20 (1) Section 52(1) is amended as follows: (a) after paragraph (a) by inserting -- " (aa) becomes aware that the issue has been determined by a registration board; 25 "; (b) in paragraph (b) after "initiated before" by inserting -- " the State Administrative Tribunal or "; page 211 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 60 Health Services (Conciliation and Review) Act 1995 s. 494 (c) in paragraph (c) by deleting "or a registration board" and inserting instead -- " or the State Administrative Tribunal "; (d) after "provider's registration board" by inserting -- 5 " and the State Administrative Tribunal ". (2) Section 52(2) is amended by deleting "exercising the right to be heard conferred by section 54(1)" and inserting instead -- " facilitating the Director's participation in any further 10 proceeding relating to the matter ". 494. Section 54 amended Section 54(1) is amended as follows: (a) in paragraph (a) by deleting "an inquiry should be held" 15 and inserting instead -- " further action should be taken "; (b) by deleting at the end of paragraph (a) the semicolon and "and" after it and inserting instead a full stop; (c) by deleting paragraph (b). 20 495. Section 55 amended (1) Section 55 is amended before "Where" by inserting the subsection designation "(1)". (2) At the end of section 55 the following subsection is inserted -- " 25 (2) Without limiting subsection (1), the registration board must advise the Director if, and as soon as, a proceeding relating to an issue raised in the complaint is commenced before the State Administrative Tribunal. ". page 212 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Heritage of Western Australia Act 1990 Division 61 s. 496 Division 61 -- Heritage of Western Australia Act 1990 496. The Act amended The amendments in this Division are to the Heritage of Western Australia Act 1990*. 5 [* Reprinted as at 1 June 2001.] For subsequent amendments see Act No. 24 of 2002.] 497. Section 3 amended Section 3(1) is amended as follows: (a) at the end of the definition of "this Act" by deleting the 10 semicolon and inserting instead a full stop; (b) by deleting the definition of " "Town Planning Appeal Tribunal" or "Tribunal" ". 498. Section 30 amended Section 30(5) is amended by deleting "Registrar" and inserting 15 instead -- " executive officer ". 499. Section 37 amended Section 37(5)(c) is amended by deleting "due where" and inserting instead -- 20 " due were ". 500. Section 42 amended (1) Section 42(1) is amended as follows: (a) by deleting "one month from" and inserting instead -- " the period of 28 days after "; 25 (b) by deleting "Supreme Court" and inserting instead -- " State Administrative Tribunal "; page 213 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 61 Heritage of Western Australia Act 1990 s. 501 (c) by deleting "the Court" in each place where it occurs and inserting instead -- " the State Administrative Tribunal ". (2) Section 42(2) is amended as follows: 5 (a) by deleting "Supreme Court" and inserting instead -- " State Administrative Tribunal "; (b) by deleting "the Court" in each place where it occurs and inserting instead -- " the State Administrative Tribunal ". 10 (3) Section 42(3) is amended by deleting "Court" and inserting instead -- " State Administrative Tribunal ". 501. Section 59 amended (1) Section 59(7)(d) by deleting "Planning Appeal" and inserting 15 instead -- " State Administrative ". (2) Section 59(10) is amended by deleting "Town Planning Appeals" and inserting instead -- " State Administrative ". 20 (3) Section 59(19) is amended as follows: (a) by deleting "appeal" and inserting instead -- " application "; (b) after "section 60(1)(a)" by inserting -- " for a review "; 25 (c) by deleting "heard or determined" and inserting instead -- " made ". page 214 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Heritage of Western Australia Act 1990 Division 61 s. 502 502. Section 60 amended (1) Section 60(1) is amended as follows: (a) in paragraph (a) by deleting "appeal referred" and inserting instead -- 5 " application made "; (b) in paragraph (a) by inserting after "section 59" -- " for a review of the Order "; (c) by deleting all of the subsection after "paragraph (b) by the Minister" and inserting instead a full stop. 10 (2) Section 60(2) is amended as follows: (a) by deleting "On a referral" and inserting instead -- " On an application or referral "; (b) in paragraph (c) by deleting "appeal" and inserting instead -- 15 " application or referral ". (3) Section 60(3) is amended by deleting "appeal" and inserting instead -- " application ". 503. Section 76 amended 20 Section 76(1) is amended as follows: (a) in paragraph (a) by deleting "30A" and inserting instead -- " 30 "; (b) by deleting "Registrar" and inserting instead -- 25 " executive officer ". page 215 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 61 Heritage of Western Australia Act 1990 s. 504 504. Various references to "Tribunal" amended The Act is amended by deleting "Tribunal" in each place specified in the Table to this section and inserting instead -- " State Administrative Tribunal ". 5 Table s. 30(2) (both places) s. 30(4) (6 places) s. 30(5) (3 places) s. 37(3) (in the second place) s. 37(5) (both places) s. 59(7)(d) and (10) (each in the second place) s. 60(1) (in the second place) s. 60(2)(b) and (c) s. 60(3) (both places) s. 73(4) (in the second place) s. 73(5) s. 73(7) (both places) s. 76(1) (5 places) 505. Various references to "Town Planning Appeal Tribunal" amended The Act is amended by deleting "Town Planning Appeal Tribunal" in each place specified in the Table to this section and 10 inserting instead -- " State Administrative Tribunal ". Table s. 30(1) s. 37(3) and (4) s. 60(1) and (2) s. 73(4) page 216 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Hire-Purchase Act 1959 Division 62 s. 506 Division 62 -- Hire-Purchase Act 1959 506. The Act amended The amendments in this Division are to the Hire-Purchase Act 1959*. 5 [* Reprinted as at 12 May 2000. For subsequent amendments see Acts Nos. 13 and 24 of 2000.] 507. Section 3 amended (1) Section 3(4f) is amended as follows: 10 (a) by deleting "a Local Court" and inserting instead -- " the State Administrative Tribunal on an application "; (b) by deleting "(4h)" and inserting instead -- 15 " (4g) ". (2) Section 3(4g) is amended as follows: (a) by deleting ", within the period of 7 days from the date of service on him of the decision,"; (b) by deleting "a Local Court for" and inserting instead -- 20 " the State Administrative Tribunal for a review of "; (c) by deleting "to be varied or set aside". (3) Sections 3(4h) and (4j) are repealed. page 217 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 62 Hire-Purchase Act 1959 s. 508 508. Section 12A amended (1) Section 12A(2) is amended as follows: (a) by deleting "a Local Court for an order declaring that" and inserting instead -- 5 " the State Administrative Tribunal for a review of "; (b) by deleting "was unreasonable in the circumstances of the case, and where an order is made that consent shall 10 be deemed to have been given". (2) Section 12A(3) is repealed. 509. Section 36A amended (1) Section 36A(5) is amended by deleting "a Local Court" and inserting instead -- 15 " the State Administrative Tribunal on an application ". (2) Section 36A(6) is amended as follows: (a) by deleting ", within the period of 7 days from the date of service on him of the decision,"; (b) by deleting "a Local Court for" and inserting instead -- 20 " the State Administrative Tribunal for a review of "; (c) by deleting "to be varied or set aside". (3) Sections 36A(7) and (8) are repealed. page 218 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Hope Valley-Wattleup Redevelopment Act 2000 Division 63 s. 510 Division 63 -- Hope Valley-Wattleup Redevelopment Act 2000 510. The Act amended The amendments in this Division are to the Hope Valley-Wattleup Redevelopment Act 2000*. 5 [* Act No. 77 of 2000. For subsequent amendments see Act No. 24 of 2002.] 511. Section 29 amended (1) Section 29(1) is amended as follows: (a) by deleting "appeal" and inserting instead -- 10 " apply to the State Administrative Tribunal for a review "; (b) by deleting "from" and inserting instead -- " of ". 15 (2) Section 29(2) is repealed. 512. Section 31 amended (1) Section 31(2) is amended by deleting all of the subsection after "may" and inserting instead -- " 20 apply to the State Administrative Tribunal for a review, in accordance with Part V of the Town Planning Act, of the decision to give the direction. ". (2) Section 31(3) is amended by deleting "appeal" and inserting 25 instead -- " application ". page 219 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 64 Hospitals and Health Services Act 1927 s. 513 (3) Section 31(4) is amended as follows: (a) by deleting "Town Planning Appeal Tribunal" in the first place where it occurs and inserting instead -- " State Administrative Tribunal "; 5 (b) by deleting "the Town Planning Appeal Tribunal" in the second place where it occurs and inserting instead -- " it ". (4) Section 31(6) is amended as follows: (a) by deleting "appeal" in each place where it occurs and 10 inserting instead -- " application "; (b) by deleting "brought" and inserting instead -- " made "; (c) by deleting "in any court of competent jurisdiction"; 15 (d) by deleting "it in so doing" and inserting instead -- " the Commission in so doing as a debt in a court of competent jurisdiction ". 20 Division 64 -- Hospitals and Health Services Act 1927 Subdivision 1 -- Amendments to the Act 513. The Act amended The amendments in this Subdivision are to the Hospitals and Health Services Act 1927*. 25 [* Reprinted as at 15 October 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 172-4.] page 220 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Housing Societies Act 1976 Division 65 s. 514 514. Section 26H amended (1) Section 26H(1) is amended by deleting all of the subsection after "may" and inserting instead -- " 5 apply to the State Administrative Tribunal for a review of the cancellation or non-renewal. ". (2) Section 26H(2) is repealed. (3) Section 26H(3) is amended as follows: 10 (a) by deleting "or subsection (2)(b)"; (b) by deleting "appeals against" and inserting instead -- " applies for a review of "; (c) by deleting "an appeal" and inserting instead -- " the application ". 15 Subdivision 2 -- Amendment needed because Act amended 515. Acts Amendment (Hospitals) Act 1985 amended (1) The amendment in this section is to the Acts Amendment (Hospitals) Act 1985*. [* Act No. 53 of 1985.] 20 (2) Section 31 is repealed. Division 65 -- Housing Societies Act 1976 516. The Act amended The amendments in this Division are to the Housing Societies Act 1976*. 25 [* Reprinted as at 9 November 2001. For subsequent amendments see Act No. 20 of 2003.] page 221 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 66 Human Reproductive Technology Act 1991 s. 517 517. Section 87 amended Section 87(2) is amended by deleting all of the subsection after "he may" and inserting instead -- " 5 apply to the State Administrative Tribunal for a review of the decision of the Registrar. ". Division 66 -- Human Reproductive Technology Act 1991 518. The Act amended 10 The amendments in this Division are to the Human Reproductive Technology Act 1991*. [* Reprinted as at 12 July 2002.] 519. Section 3 amended Section 3(1) is amended by deleting the definition of "licensing 15 authority". 520. Section 14 amended (1) Section 14(1)(b)(ii) is amended by deleting ", having regard to any findings made by, or report received from, a committee of inquiry appointed under section 38". 20 (2) Section 14(3) is amended by deleting ", if necessary by disciplinary action under section 38,". 521. Section 19 amended (1) Section 19(2)(a) is amended by deleting "39(2)(a)" and inserting instead -- 25 " 39(2)(b) ". page 222 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Human Reproductive Technology Act 1991 Division 66 s. 522 (2) Section 19(2)(b)(ii) is amended by deleting "the licensing authority" and inserting instead -- " the Commissioner of Health and the 5 State Administrative Tribunal ". 522. Section 29 amended (1) Section 29(3) is amended as follows: (a) by deleting "it" after "enable" and inserting instead -- 10 " him or her "; (b) by deleting "it" after "application," and inserting instead -- " the Commissioner "; (c) by deleting "it" after "as" and inserting instead -- 15 " he or she ". (2) Section 29(4)(c) is amended by deleting ", pursuant to an Order made in disciplinary proceedings under this Act". 523. Section 32 amended Section 32(1) is amended by deleting "licensing authority" in 20 the second place where it occurs and inserting instead -- " Commissioner ". 524. Section 33 amended Section 33(2)(h) is amended by deleting "licensing authority" and inserting instead -- 25 " Commissioner ". page 223 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 66 Human Reproductive Technology Act 1991 s. 525 525. Section 36 amended (1) Section 36(2) is amended as follows: (a) by deleting from "relates -- " through to "(b) with" and inserting instead -- 5 " relates with ". (b) by deleting from "public interest," through to "appeal under" and inserting instead -- " public interest, but a licensee thereby affected may 10 apply for a review of the decision under ". (2) After section 36(2) the following subsections are inserted -- " (2a) The Commissioner of Health may by notice suspend 15 the operation of any licence or exemption with immediate effect, by reason of any requirement of public health, where in the opinion of the Commissioner of Health imminent risk of serious harm to a person may occur. 20 (2b) A notice under subsection (2a) is to state that the Commissioner of Health will refer the matter to the State Administrative Tribunal within 14 days of giving the notice. (2c) The Commissioner of Health may, by notice given to 25 the person to whom the notice made under subsection (2a) was given, revoke or vary a notice made under subsection (2a) at any time before referring the matter to the State Administrative Tribunal under section 36A. 30 ". page 224 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Human Reproductive Technology Act 1991 Division 66 s. 526 (3) Section 36(3) is amended as follows: (a) by deleting ", cancellation or revocation has been imposed with immediate effect pursuant to section 36(2)(a) and the licensee has commenced an 5 appeal under section 42 then, unless a Judge" and inserting instead -- " has been imposed with immediate effect pursuant to subsection (2a) and the matter has been referred to the 10 State Administrative Tribunal under section 36A then, unless the Tribunal "; (b) before "shall" by deleting ", cancellation or revocation"; (c) after "such" by deleting "appeal" and inserting 15 instead -- " referral ". 526. Section 36A inserted After section 36 the following section is inserted -- " 20 36A. Referring to State Administrative Tribunal a matter leading to a section 36(2a) notice Within 14 days of giving a notice under section 36(2a), if that notice is not revoked under section 36(2c), the Commissioner of Health shall refer the matter in 25 respect of which the notice was made to the State Administrative Tribunal. ". 527. Section 37 amended (1) Section 37(1) is amended by deleting all of the subsection after 30 "summarily" and inserting instead a full stop. page 225 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 66 Human Reproductive Technology Act 1991 s. 528 (2) After section 37(1) the following subsection is inserted -- " (1a) The Commission of Health shall seek the advice of the Council before making a summary determination under 5 subsection (1). ". (3) Section 37(3)(b) is amended by deleting "a committee of inquiry" and inserting instead -- " the State Administrative Tribunal ". 10 528. Section 38 replaced Section 38 is repealed and the following section is inserted instead -- " 38. Disciplinary action 15 (1) Where -- (a) the licensee or other person liable to a warning or penalty does not consent to a summary determination or submit to the discretion of the Commissioner of Health under section 37; or 20 (b) it appears to the Commissioner that a penalty provided by section 40(1)(a) to (f) may not be appropriate or that effect has not been given under section 37(3) to the summary penalty imposed, 25 the Commissioner may make an allegation to the State Administrative Tribunal in respect of the matter. (1a) If the Commissioner of Health makes an allegation to the State Administrative Tribunal under subsection (1)(a), the Commissioner shall advise the 30 Council that the allegation has been made. page 226 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Human Reproductive Technology Act 1991 Division 66 s. 529 (1b) If the Commissioner of Health proposes to make an allegation to the State Administrative Tribunal under subsection (1)(b), the Commissioner shall first consult the Council. 5 ". 529. Section 39 amended (1) Section 39(1) is repealed. (2) Section 39(2) is amended as follows: (a) in paragraph (d)(iii) by deleting ", in the opinion of the 10 Commissioner,"; (b) in paragraph (n) by inserting after "section 37 or" -- " by the State Administrative Tribunal in proceedings commenced under section 15 ". 530. Section 40 amended (1) Section 40(1) is amended as follows: (a) by deleting "this Act, by Order of which notice in writing shall be given to the person liable to the 20 penalty," and inserting instead -- " section 37, by Order "; (b) at the end of paragraph (f) by deleting the semicolon and inserting instead a comma; (c) by deleting paragraphs (g), (h), (j), (k) and (m) and the 25 "or" preceding paragraph (m); (d) by deleting "licensing authority" and inserting instead -- " Commissioner ". page 227 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 66 Human Reproductive Technology Act 1991 s. 530 (2) After section 40(1) the following subsection is inserted -- " (1a) If in a proceeding commenced by a referral under section 36A or an allegation under section 38(1), the 5 State Administrative Tribunal is of the opinion that cause exists for disciplinary action, the Tribunal may impose any one or more of the following penalties -- (a) a reprimand; (b) the imposition of a condition to which a licence 10 or exemption is to be subject, limiting the authority conferred by the licence or exemption; (c) the variation or cancellation of a term or condition to which a licence or exemption is 15 subject; (d) a requirement that a person to whom the licence applies or who is interested in the licence or exemption enter into a written undertaking or a bond, or give a prescribed security, for future 20 conduct; (e) a requirement as to the conduct of the reproductive technology practice under the licence or exemption, contravention of which may result in its mandatory suspension; 25 (f) a requirement that specified action be taken by the person responsible within a specified period, contravention of which may result in mandatory suspension of the licence or exemption; 30 (g) the suspension of the operation of a licence or exemption -- (i) until further order; or (ii) for a specified period; page 228 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Human Reproductive Technology Act 1991 Division 66 s. 530 (h) the suspension of the operation of the licence or exemption for so long as a person to whom subsection (2) applies is -- (i) the holder of a position of authority in a 5 body that holds a licence; or (ii) directly or indirectly materially interested in a reproductive technology practice carried on under a licence or exemption, 10 subject to subsection (3); (i) the cancellation of a licence, or the revocation of an exemption; (j) the disqualification, for such period as the Tribunal thinks fit, of a licensee from holding a 15 licence or exemption; or (k) an order that the person to whom the licence applies pay to the Crown a monetary penalty not exceeding the prescribed amount. ". 20 (3) Section 40(2) is amended by deleting "subsection (1)(d), (e) or (j)" and inserting instead -- " subsection (1)(d)or (e) ". (4) After section 40(2) the following subsection is inserted -- " 25 (2a) Where the State Administrative Tribunal finds that a proper cause for disciplinary action exists in relation to a licence or an exemption held by a proprietary company, any penalty that by subsection (1)(d), (e) or (j) might have been imposed in relation to the licence 30 or exemption, whether or not a penalty is imposed on the licensee, may be imposed on or in relation to any person who occupies a position of authority in that page 229 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 66 Human Reproductive Technology Act 1991 s. 531 company or any related body corporate, subject to subsection (3). ". (5) Section 40(3) is amended as follows: 5 (a) by deleting "licensing authority" and inserting instead -- " Commissioner of Health and the State Administrative Tribunal 10 "; (b) by deleting "or subsection (2)" and inserting instead -- " , (2) or (2a) ". 531. Heading to Part 4 Division 4 amended The heading to Part 4 Division 4 is amended by deleting 15 "Supreme Court" and inserting instead -- " State Administrative Tribunal ". 532. Section 42 amended Section 42(2), (3), (4), (5), (6) and (7) are repealed and the following subsections are inserted instead -- 20 " (2) An applicant or licensee may apply to the State Administrative Tribunal for a review of a decision of the kind to which subsection (1) refers to which effect is given. 25 (3) Any person liable to a penalty thereunder or to be adversely affected thereby, may apply to the State Administrative Tribunal for a review of any decision made by the Commissioner of Health by way of a summary determination in respect of a disciplinary 30 matter. ". page 230 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Human Reproductive Technology Act 1991 Division 66 s. 533 533. Section 43 amended Section 43(1) is amended as follows: (a) by deleting "Supreme Court" and inserting instead -- " State Administrative Tribunal "; 5 (b) by deleting "the Court" and inserting instead -- " the Tribunal ". 534. Section 49 amended Section 49(4)(a)(ii) is amended by deleting "licensing authority" and inserting instead -- 10 " State Administrative Tribunal ". 535. Section 54 amended Section 54(3)(a)(i) is amended by deleting ", suspension and revocation" and inserting instead -- " and suspension ". 15 536. Section 57 amended Section 57(4) is amended by deleting "licensing authority" and inserting instead -- " Commissioner ". page 231 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 66 Human Reproductive Technology Act 1991 s. 537 537. Various references to "licensing authority" amended The Act is amended by deleting "licensing authority" in each place specified in the Table to this section and inserting instead -- 5 " Commissioner of Health ". Table s. 3(5)(c) s. 15(4) s. 29(3), (4), (5), (6), (7), and (8) s. 30(4)(a) s. 32(1) (in the first place) s. 32(2) and (3) s. 35(1)(b) s. 40(2) s. 42(1) s. 50(1)(a) s. 51(6) s. 54(3)(a)(i) s. 57(1)(e), (5), and (10) page 232 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 67 Jetties Act 1926 s. 538 Division 67 -- Jetties Act 1926 538. The Act amended The amendments in this Division are to the Jetties Act 1926*. [* Reprinted as at 4 February 2000.] 5 539. Section 7 amended (1) Section 7(1) is amended by deleting "Minister" and inserting instead -- " Chief Executive Officer ". (2) Section 7(2) is amended as follows: 10 (a) by deleting "Minister" and inserting instead -- " Chief Executive Officer "; (b) by deleting "Chief Executive Officer" and inserting instead -- " an officer ". 15 540. Section 7A amended (1) Section 7A(1) is amended as follows: (a) in paragraph (a) by deleting "by the Chief Executive Officer pursuant to the power delegated to him under section 7"; 20 (b) in paragraph (b) by deleting "by the Chief Executive Officer pursuant to the power delegated to him under section 7"; (c) by deleting all of the subsection after "may" and inserting instead -- 25 " apply to the State Administrative Tribunal for a review of the decision ". page 233 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 68 Land Administration Act 1997 s. 541 (2) Section 7A(2) is repealed. Division 68 -- Land Administration Act 1997 Subdivision 1 -- Amendments to the Act 541. The Act amended 5 The amendments in this Subdivision are to the Land Administration Act 1997*. [* Reprinted as at 22 June 2001. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 203.] 10 542. Section 125 amended (1) Section 125(2) is amended as follows: (a) by deleting "or appeal"; (b) by deleting "rent, but" and inserting instead -- " 15 rent or a notice has been given requiring the assessment to be referred to the State Administrative Tribunal for a review, but the matter ". (2) Section 125(3) is amended by deleting "appeal" and inserting 20 instead -- " review ". 543. Section 126 amended Section 126 is amended by deleting "appeals" and inserting instead -- 25 " review ". page 234 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Land Administration Act 1997 Division 68 s. 544 544. Section 151 amended After section 151(2) the following subsection is inserted -- " (3) Terms used in Part 10 relating to members of the State 5 Administrative Tribunal have the meanings given to them in section 3(1) of the State Administrative Tribunal Act 2003. ". 545. Section 207 amended 10 Section 207(1) is amended by deleting "a Judge" and inserting instead -- " the State Administrative Tribunal ". 546. Section 210 amended (1) Section 210(1) is amended by deleting "a Judge of the Supreme 15 Court" and inserting instead -- " the State Administrative Tribunal ". (2) Section 210(2) is amended by deleting "Judge" and inserting instead -- " State Administrative Tribunal ". 20 (3) Section 210(3) is amended as follows: (a) by deleting "Judge" and inserting instead -- " State Administrative Tribunal "; (b) by deleting "a Compensation Court, the Judge" and inserting instead -- 25 " it, it ". page 235 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 68 Land Administration Act 1997 s. 547 547. Section 214 amended Section 214(2) is amended by deleting "a Judge of the Supreme Court may" and inserting instead -- " 5 the State Administrative Tribunal constituted by a judicial member may, on an application under this subsection, ". 548. Section 218 amended 10 Section 218 is amended by inserting after "any court" -- " or before the State Administrative Tribunal ". 549. Section 222 amended (1) Section 222(1) is amended by deleting "a Judge of the Supreme Court" and inserting instead -- 15 " the State Administrative Tribunal ". (2) Section 222(2) is amended by deleting "Judge" and inserting instead -- " State Administrative Tribunal "; (3) Section 222(4) is repealed. 20 (4) Section 222(5) is amended as follows: (a) by deleting "Judge" in the first place where it occurs and inserting instead -- " State Administrative Tribunal "; (b) by deleting "the Compensation Court" and inserting 25 instead -- " it "; page 236 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Land Administration Act 1997 Division 68 s. 550 (c) by deleting "Judge may appoint an assessor on behalf of " and inserting instead -- " President of the State Administrative Tribunal may, in 5 specifying who is to constitute the Tribunal, choose any consenting person as if the person had been appointed as an assessor by ". 550. Section 224 amended 10 (1) Section 224(4) is amended by deleting "apply to the Principal Registrar of the Supreme Court for the appointment of an assessor to act for the acquiring authority and the Principal Registrar of the Supreme Court is to appoint an assessor" and inserting instead -- 15 " request the President of the State Administrative Tribunal, in specifying who is to constitute the Tribunal for the purpose of determining the claim, to choose a consenting person as if the person had been 20 appointed as an assessor by the acquiring authority and the President is to act ". (2) Section 224(5) is amended by deleting "Compensation Court is to determine" and inserting instead -- 25 " President of the State Administrative Tribunal is to specify who is to constitute the Tribunal for the purpose of determining ". 30 (3) After section 224(5) the following subsection is inserted -- " (5a) For the purposes of subsection (5)(a), the claimant or the acquiring authority is to be regarded as having appointed a person as an assessor if circumstances have page 237 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 68 Land Administration Act 1997 s. 551 arisen in which the President of the State Administrative Tribunal may, in specifying who is to constitute the Tribunal, choose any consenting person as if the person had been appointed as an assessor by 5 the claimant or the acquiring authority, as the case requires. ". (4) Section 224(6) is repealed and the following subsection is inserted instead -- 10 " (6) Upon receiving notice of the appointment of an assessor by the acquiring authority or notice that the President of the State Administrative Tribunal has chosen a person as if the person had been appointed as 15 an assessor by the acquiring authority, the claimant must at once file a copy of the claim and of all notices and other particulars in the State Administrative Tribunal. ". 20 551. Section 225 amended Section 225(2) is amended by deleting "court in which the claim is to be filed under section 224(6)" and inserting instead -- " State Administrative Tribunal ". page 238 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Land Administration Act 1997 Division 68 s. 552 552. Sections 226 and 227 replaced Sections 226 and 227 are repealed and the following sections are inserted instead -- " 5 226. State Administrative Tribunal (1) Except as otherwise stated in this section, when the State Administrative Tribunal is dealing with a claim for compensation under this Part, it is to be constituted by -- 10 (a) a judicial member or a senior member who is a qualified person; (b) the person appointed as an assessor by the claimant; and (c) the person appointed as an assessor by the 15 acquiring authority. (2) If the claimant and the acquiring authority agree in writing, the State Administrative Tribunal may be constituted solely by a judicial member or a senior member who is a qualified person. 20 (3) The agreement may be limited according to who is to be the member by whom the State Administrative Tribunal is to be constituted. (4) When dealing with an application under section 222(1), the State Administrative Tribunal is to be constituted 25 by a judicial member or a senior member who is a qualified person. 227. Assessors (1) The President may specify a person appointed as an assessor by the claimant or the acquiring authority to 30 be one of the persons by whom the State Administrative Tribunal is to be constituted even page 239 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 68 Land Administration Act 1997 s. 553 though the person does not hold office as a member of the State Administrative Tribunal. (2) For the purposes of dealing with the matter for which the person was appointed as an assessor, the person is 5 to be regarded as being an ordinary member and the State Administrative Tribunal Act 2003 applies to the person as if, when acting in that capacity, the person were an ordinary member. ". 10 553. Section 228 repealed Section 228 is repealed. 554. Section 229 amended Section 229 is amended as follows: (a) by deleting "A Compensation Court" and inserting 15 instead -- " The State Administrative Tribunal "; (b) by deleting "Court" in the second place where it occurs and inserting instead -- " State Administrative Tribunal ". 20 555. Section 230 amended (1) Section 230(1) is amended as follows: (a) by deleting "president" and inserting instead -- " President of the State Administrative Tribunal "; (b) by deleting ", order the assessor to be discharged." and 25 inserting instead -- " objecting, require the party appointing the assessor to appoint another assessor instead. ". page 240 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Land Administration Act 1997 Division 68 s. 556 (2) Section 230(2) is repealed and the following subsection is inserted instead -- " (2) Unless the party required to appoint another assessor 5 does so within 10 days after being required to do so, the President of the State Administrative Tribunal may, in specifying who is to constitute the Tribunal, choose any consenting person as if the person had been appointed as an assessor by the person to whom the 10 requirement was given. ". 556. Section 231 replaced Section 231 is repealed and the following section is inserted instead -- 15 " 231. Case of assessor member dying or unable to act If, for the purpose of dealing with a claim, the State Administrative Tribunal is constituted by persons any of whom was appointed as an assessor by one of the 20 parties (an "assessor member") and, before the award is given, an assessor member dies or becomes incapable of acting, or resigns or refuses to act, the assessor member's place is to be taken by a person specified by the President of the State Administrative 25 Tribunal on the appointment of the party who had appointed the assessor member or, if that party fails to make such an appointment within 10 days, by any other person whom the President of the State Administrative Tribunal may specify as if the person 30 had been appointed by that party, and the matter is to proceed as if no change in constitution had taken place. ". page 241 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 68 Land Administration Act 1997 s. 557 557. Sections 232 to 240 repealed Sections 232, 233, 234, 235, 236, 237, 238, 239 and 240 are repealed. 558. Section 241 amended 5 (1) Section 241(6)(e) is amended by deleting "or the court" and inserting instead -- " , the court, or the State Administrative Tribunal ". (2) Section 241(8) is amended by inserting after "court or" -- " the State Administrative Tribunal or ". 10 (3) Section 241(9) is amended by inserting after "court" -- " or the State Administrative Tribunal ". (4) Section 241(10)(b) is amended by deleting "or the court" and inserting instead -- " , the court, or the State Administrative Tribunal ". 15 (5) Section 241(11)(c) is amended by deleting "other" and inserting instead -- " the ". 559. Section 243 amended Section 243 is amended as follows: 20 (a) by deleting "the court" in the second place where it occurs and inserting instead -- " the State Administrative Tribunal or the court "; (b) by deleting "the opinion of the court" and inserting instead -- 25 " its opinion ". page 242 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Land Administration Act 1997 Division 68 s. 560 560. Section 244 amended Section 244(2) and (3) are amended by inserting after "The" -- " State Administrative Tribunal or the ". 561. Sections 245 to 247 repealed 5 Sections 245, 246 and 247 are repealed. 562. Section 249 amended Section 249(1)(a) is amended by deleting "has been filed in the Supreme Court" and inserting instead -- " is made ". 10 563. Section 256 amended Section 256 is amended as follows: (a) in paragraph (a) by inserting after "offer, and" -- " the State Administrative Tribunal or "; (b) in paragraph (b) by inserting before "the court" -- 15 " the State Administrative Tribunal or ". 564. Various references to "appeal" amended The Act is amended by inserting after "appeal" in each place specified in the Table to this section -- " or review ". 20 Table s. 168(2) s. 170(5)(d) s. 183(2)(b) s. 186(3)(b) page 243 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 68 Land Administration Act 1997 s. 565 565. Various references to "a Compensation Court" amended The Act is amended by deleting "a Compensation Court" in each place specified in the Table to this section and inserting instead -- 5 " the State Administrative Tribunal ". Table s. 210(2) s. 222(2) s. 249(3) 566. Various references to "Compensation Court" amended The Act is amended by deleting "Compensation Court" in each place specified in the Table to this section and inserting 10 instead -- " State Administrative Tribunal ". Table s. 210(4) s. 220(c) s. 221(1)(b) s. 222(1)(b) s. 223(5) s. 224(1) and (2) Pt. 10 Div. 4 heading s. 241(11)(c) s. 243 s. 244(1) s. 249(1)(a) s. 249(3) (in the first place) s. 253 s. 254 s. 256 page 244 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Land Administration Act 1997 Division 68 s. 567 Subdivision 2 -- Amendments needed because Act amended 567. Mining Act 1978 amended (1) The amendments in this section are to the Mining Act 1978*. [* Reprinted as at 7 September 2001. 5 For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 254.] (2) Section 21(4) is amended as follows: (a) by deleting "a Compensation Court constituted under Part 10 of the Land Administration Act 1997" and 10 inserting instead -- " the State Administrative Tribunal "; (b) by deleting "that Court" and inserting instead -- " the State Administrative Tribunal ". 568. Water Agencies (Powers) Act 1984 amended 15 (1) The amendments in this section are to the Water Agencies (Powers) Act 1984*. [* Reprinted as at 4 January 2000.] (2) Section 62(2) is amended by deleting all of the subsection after "shall be" and inserting instead -- 20 " referred to the State Administrative Tribunal and dealt with as if it had come before the Tribunal under Part 10 of the Land Administration Act 1997. ". page 245 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 69 Land Drainage Act 1925 s. 569 Division 69 -- Land Drainage Act 1925 569. The Act amended The amendments in this Division are to the Land Drainage Act 1925*. 5 [* Reprint 3 as at 21 March 2003.] 570. Section 85 amended Section 85(6) is amended by deleting "appeal against" and inserting instead -- " seek a review of ". 10 571. Heading to Part VII Division 4 amended The heading to Part VII Division 4 is amended by deleting "appeals" and inserting instead -- " review ". 572. Section 98 amended 15 Section 98(6) is amended as follows: (a) by deleting "an appeal against" and inserting instead -- " a review of "; (b) by deleting "be made" and inserting instead -- " be sought ". 20 573. Section 99 amended (1) Section 99(1) is amended as follows: (a) by deleting "treat the objection as an appeal against" and inserting instead -- " refer "; 25 (b) after "records" by inserting -- " to the State Administrative Tribunal for a review ". page 246 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Land Drainage Act 1925 Division 69 s. 574 (2) Section 99(2) is amended by deleting "objection to a Land Valuation Tribunal under the Land Valuation Tribunals Act 1978 as an appeal" and inserting instead -- " 5 relevant entry in the rating records to the State Administrative Tribunal for a review ". (3) After section 99(2) the following subsection is inserted -- " 10 (3) The Corporation is to effect the reference by forwarding the notice to the executive officer of the State Administrative Tribunal together with the objection and a copy certified by or on behalf of the Corporation of -- 15 (a) the relevant entry in the rating records; and (b) the reasons, if any, for the entry. ". 574. Section 99A amended (1) Section 99A(1) is amended as follows: 20 (a) by deleting "treat an objection to an entry in the rating records as an appeal against that entry" and inserting instead -- " refer the relevant entry in the rating records to the State 25 Administrative Tribunal for a review "; (b) by deleting "such" and inserting instead -- " the "; page 247 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 69 Land Drainage Act 1925 s. 575 (c) by deleting "to a Land Valuation Tribunal under the Land Valuation Tribunals Act 1978 as an appeal" and inserting instead -- " 5 to refuse to extend time to the State Administrative Tribunal for a review ". (2) Section 99A(2) is amended by deleting "a Land Valuation Tribunal as an appeal" and inserting instead -- 10 " the State Administrative Tribunal for a review ". (3) After section 99A(2) the following subsection is inserted -- " (3) The Corporation is to effect the reference by forwarding the notice to the executive officer of the 15 State Administrative Tribunal together with the objection and a copy certified by or on behalf of the Corporation of -- (a) the decision to refuse to extend the time; and (b) the reasons, if any, for the decision. 20 ". 575. Sections 99AA and 99AB inserted After section 99A the following sections are inserted -- " 99AA. New matters raised on review 25 (1) Upon a review by the State Administrative Tribunal on a reference under section 99 or 99A, the State Administrative Tribunal may consider -- (a) grounds in addition to those stated in the notice of objection; and page 248 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Land Drainage Act 1925 Division 69 s. 576 (b) reasons in addition to any reasons previously given for the Corporation's decision that is under review. (2) The State Administrative Tribunal is to ensure, by 5 adjournment or otherwise, that each party and any other person entitled to be heard has a reasonable opportunity of properly considering and responding to any new ground or reason that the State Administrative Tribunal proposes to consider in accordance with 10 subsection (1). 99AB. Written reasons for certain determinations to be given and published (1) If the State Administrative Tribunal considers that an order it makes determining a matter coming before it 15 on a reference under section 99 or 99A is of general interest or significance, it is to prepare written reasons for its order and give a copy of the reasons to each party and publish the written reasons. (2) The obligation imposed by subsection (1) is in addition 20 to, and does not derogate from, any obligation of the State Administrative Tribunal under the State Administrative Tribunal Act 2003. ". 576. Section 99B amended 25 Section 99B is amended by deleting "appeal" and inserting instead -- " review ". 577. Section 99C amended Section 99C is amended as follows: 30 (a) by deleting "or an appeal"; (b) by deleting "or the appeal". page 249 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 69 Land Drainage Act 1925 s. 578 578. Section 99D amended (1) Section 99D(1) is amended as follows: (a) by deleting "or an appeal"; (b) after "Act" by inserting -- 5 " or under the Valuation of Land Act 1978 "; (c) after "such entry" by inserting -- " or in consequence of a review by the State Administrative Tribunal 10 ". (2) Section 99D(2) is amended as follows: (a) by deleting ", in consequence of the allowance, wholly or in part, of an objection or an appeal under this Act or the Valuation of Land Act 1978,"; 15 (b) after "necessary" by inserting -- " under subsection (1) ". 579. Section 108 amended Section 108(2) is amended as follows: (a) by deleting "appeal is brought against" and inserting 20 instead -- " application has been made to the State Administrative Tribunal for a review following the "; 25 (b) by deleting "on an appeal" and inserting instead -- " in proceedings before the State Administrative Tribunal ". page 250 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Land Tax Assessment Act 2002 Division 70 s. 580 Division 70 -- Land Tax Assessment Act 2002 580. The Act amended The amendments in this Division are to the Land Tax Assessment Act 2002*. 5 [* Act No. 52 of 2002.] 581. Section 41 amended Section 41(4) is amended by deleting "non-reviewable" and inserting instead -- " directly reviewable ". 10 Division 71 -- Land Valuers Licensing Act 1978 582. The Act amended The amendments in this Division are to the Land Valuers Licensing Act 1978*. [* Reprinted as at 3 May 2002.] 15 583. Section 4 amended Section 4 is amended by deleting the definition of "District Court". 584. Part II Division 1 heading replaced The heading to Part II Division 1 is deleted and the following 20 heading is inserted instead -- " Division 1 -- Land Valuers Licensing Board ". page 251 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 71 Land Valuers Licensing Act 1978 s. 585 585. Part II Division 2 replaced Part II Division 2 is repealed and the following Division is inserted instead -- " 5 Division 2 -- General 12. Powers of investigation (1) The Board may make any inquiry that the Board considers necessary or expedient for the purposes of -- (a) determining any application or any other matter 10 before the Board; (b) determining whether or not a licensed valuer is or has been complying with the requirements of this Act; (c) determining whether any other cause exists that 15 might be considered by the Board a proper cause for disciplinary action; (d) detecting offences against this Act. (2) The Board may designate an officer of the Board to be an investigator to carry out an inquiry and report to the 20 Board under this section. (3) The investigator may -- (a) require any person -- (i) to give the investigator such information as the investigator requires; and 25 (ii) to answer any question put to the person, in relation to any matter the subject of such inquiry; (b) require any person to produce any document to the investigator; page 252 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Land Valuers Licensing Act 1978 Division 71 s. 585 (c) enter at all reasonable times and search any premises and inspect any documents that the investigator finds on the premises; and (d) make a copy or abstract of any document 5 produced or inspected under this section, or of any entry made in the document. (4) A requirement made under subsection (3)(a) -- (a) may be made orally or by notice in writing served on the person required to give 10 information or answer a question, as the case may be; (b) shall specify the time at or within which the information is to be given or the question is to be answered, as the case may be; and 15 (c) may, by its terms, require that the information or answer required -- (i) be given orally or in writing; (ii) be given at or sent or delivered to any place specified in the requirement; 20 (iii) in the case of written information or answers, be sent or delivered by any means specified in the requirement; and (iv) be given on oath or affirmation or by statutory declaration for which purpose 25 the investigator may administer an oath or affirmation and have the authority of a commissioner for declarations. (5) A requirement made under subsection (3)(b) -- (a) shall be made by notice in writing served on the 30 person required to produce a document; (b) shall specify the time at or within which the document is to be produced; and page 253 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 71 Land Valuers Licensing Act 1978 s. 585 (c) may, by its terms, require that the document be produced -- (i) at any place specified in the requirement; and 5 (ii) by any means specified in the requirement. (6) Where under subsection (3)(a) an investigator orally requires a person to give any information or answer any question, the investigator shall inform that person 10 that he is required under this Act to give the information or answer the question, as the case may be. (7) Where under subsection (3)(a) or (b) a person is required by notice in writing to give any information, answer any question, or produce any document, the 15 notice shall state that he is required under this Act to give the information, answer the question, or produce the document, as the case may be. (8) Before entering any premises under this section the investigator -- 20 (a) shall obtain a warrant to do so from a magistrate or Justice of the Peace which warrant the magistrate or Justice of the Peace is authorised to issue upon being satisfied that the entry is sought in good faith for the purpose of 25 carrying out an inquiry under this section; and (b) shall display to the person, if any, giving the investigator entry, a document signed by the Board and certifying that the person is designated as an investigator by the Board. page 254 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Land Valuers Licensing Act 1978 Division 71 s. 585 13. Incriminating information, questions, or documents Without prejudice to the provisions of section 11 of the Evidence Act 1906, where under section 12 a person is required to -- 5 (a) give any information; (b) answer any question; or (c) produce any document, he shall not refuse to comply with that requirement on the ground that the information, answer, or document 10 may tend to incriminate the person or render the person liable to any penalty, but the information or answer given, or document produced, by the person shall not be admissible in evidence in any proceedings against the person other than proceedings in respect of an 15 offence against section 14(1)(b). 14. Failure to comply with investigation (1) Where under section 12 a person is required to give any information, answer any question, or produce any document and that person, without reasonable excuse 20 (proof of which shall lie on him) -- (a) fails to give that information or answer that question at or within the time specified in the requirement; (b) gives any information or answer that is false in 25 any particular; or (c) fails to produce that document at or within the time specified in the requirement, the person commits an offence. Penalty: $2 000. page 255 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 71 Land Valuers Licensing Act 1978 s. 585 (2) It is a defence in any proceeding for an offence under subsection (1)(a) or (c) for the defendant to show -- (a) that, in the case of an alleged offence arising out of a requirement made orally under 5 section 12, the investigator did not, when making the requirement, inform the defendant that he was required under this Act to give the information or answer the question, as the case may be; 10 (b) that, in the case of an alleged offence arising out of a requirement made by notice in writing under section 12, the notice did not state that he was required under this Act to give the information, answer the question, or produce 15 the document, as the case may be; (c) that the time specified in the requirement did not afford the defendant sufficient notice to enable him to comply with the requirement; or (d) that, in any case, the investigator did not, before 20 making the requirement, have reasonable grounds to believe that compliance with the requirement would materially assist in the inquiry being carried out. 15. Obstruction of investigator 25 A person shall not prevent or attempt to prevent an investigator from entering premises or otherwise obstruct or impede an investigator in the exercise of his powers under section 12. Penalty: $2 000. 30 16. Application for review (1) Any person aggrieved by a reviewable decision of the Board may apply to the State Administrative Tribunal for a review of the decision. page 256 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Land Valuers Licensing Act 1978 Division 71 s. 586 (2) In subsection (1) -- "person aggrieved" means a person whose licence is affected by a reviewable decision or who, under Part III, applies for or objects to the grant of a 5 licence or the renewal of a licence; "reviewable decision" means a decision under Part III other than a determination of the form in which an application or objection is to be made. ". 10 586. Section 17 amended Section 17(5) is repealed. 587. Section 18 amended Section 18(4) is repealed. 588. Section 19 amended 15 (1) Section 19(1) is amended as follows: (a) by deleting the subsection designation "(1)"; (b) by deleting paragraph (a) and "or" after it. (2) Section 19(2), (3) and (4) are repealed. 589. Section 19A inserted 20 After section 19 the following section is inserted -- " 19A. Unopposed applications (1) Subject to this Part, a licence may be granted (as long as there is no objection) by the Board, in a meeting at 25 any time and place without notice to the applicant. (2) Where the Board performs a function under subsection (1), the Registrar shall forthwith deliver the licence to the applicant. ". page 257 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 71 Land Valuers Licensing Act 1978 s. 590 590. Section 20A inserted After section 20 the following section is inserted -- " 20A. Suspension of licence by State Administrative 5 Tribunal (1) Where the State Administrative Tribunal makes an order against a licensed valuer and payment is not made in accordance with the order or the order is otherwise not complied with or is breached, the State 10 Administrative Tribunal may suspend the licence until the payment is made, or for such period or upon such event occurring as the State Administrative Tribunal thinks fit. (2) The power conferred on the State Administrative 15 Tribunal by subsection (1) is in addition to, and does not derogate from, the powers conferred on it by the State Administrative Tribunal Act 2003. ". 591. Section 21 amended 20 After section 21(2) the following subsection is inserted -- " (3) Despite the surrender by a person of a certificate of registration, this Act applies, for the purpose of enabling the person to be investigated or otherwise 25 dealt with for a matter arising before the surrender, as if the certificate had not been surrendered. ". page 258 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Land Valuers Licensing Act 1978 Division 71 s. 592 592. Section 27 replaced Section 27 is repealed and the following section is inserted instead -- " 5 27. Disciplinary proceedings against licensed valuers The Board may allege to the State Administrative Tribunal that there is proper cause for disciplinary action, as mentioned in section 28(2), against a licensed valuer. 10 ". 593. Section 28 amended (1) Section 28(1) is amended as follows: (a) by deleting "after conducting an inquiry under section 27(1) the Board" and inserting instead -- 15 " , in a proceeding commenced by an allegation under section 27 against a licensed valuer, the State Administrative Tribunal "; 20 (b) by deleting "Board" in the second place where it occurs and inserting instead -- " State Administrative Tribunal ". (2) Section 28(3) is repealed. 594. Section 31 amended 25 After section 31(1) the following subsection is inserted -- " (1a) The Board's annual report is to include details of -- (a) the number, nature, and outcome, of -- (i) investigations and inquiries undertaken 30 by, or at the direction of, the Board; and page 259 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 72 Legal Contribution Trust Act 1967 s. 595 (ii) matters that have been brought before the State Administrative Tribunal by the Board; (b) the number and nature of matters referred to in 5 paragraph (a) that are outstanding; (c) any trends or special problems that may have emerged; (d) forecasts of the workload of the Board in the year after the year to which the report relates; 10 and (e) any proposals for improving the performance of the Board's functions. ". 595. Section 36 amended 15 Section 36(2)(b) is deleted. Division 72 -- Legal Contribution Trust Act 1967 596. The Act amended The amendments in this Division are to the Legal Contribution Trust Act 1967*. 20 [* Reprinted as at 5 February 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 212.] 597. Section 28 amended Section 28(2) is amended by deleting all of the subsection after 25 "section may" and inserting instead -- " apply to the State Administrative Tribunal for a review of the decision. ". page 260 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Legal Practice Act 2003 Division 73 s. 598 Division 73 -- Legal Practice Act 2003 598. The Act amended The amendments in this Division are to the Legal Practice Act 2003*. 5 [* Bill currently before Parliament as Legal Practice Bill 2002.] 599. Section 3 amended Section 3 is amended as follows: (a) by deleting the definition of "Disciplinary Tribunal"; (b) in paragraph (a) of the definition of "regulatory 10 authority" -- (i) by inserting after "Court," -- " the State Administrative Tribunal, "; (ii) by deleting "the Disciplinary Tribunal". 600. Section 17 amended 15 After section 17(1) the following subsections are inserted -- " (1a) The annual report is to include details of -- (a) the number, nature, and outcome of -- (i) inquiries undertaken by the Board; and 20 (ii) matters that have been brought before the State Administrative Tribunal under this Act; (b) the number and nature of matters referred to in paragraph (a) that are outstanding; 25 (c) any trends or special problems that may have emerged; (d) forecasts of the workload of the Board in the year after the year to which the report relates; and page 261 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 73 Legal Practice Act 2003 s. 601 (e) any proposals for improving the operation of the Board. (1b) The executive officer of the State Administrative Tribunal and the Law Complaints Officer are to 5 provide the Board with information it may request for the purpose of making its annual report. ". 601. Section 38 amended Section 38(2) is amended as follows: 10 (a) by deleting ", 185 or 191" and inserting instead -- " or 185 "; (b) in paragraph (c) by deleting "or 191(1)(b)" and inserting instead -- " 15 or section 86 or 87 of the State Administrative Tribunal Act 2003 in relation to proceedings commenced under this Act ". 602. Section 39 amended 20 Section 39(1) is amended in paragraph (c) of the definition of "unfit practitioner" by deleting "by the Complaints Committee or Disciplinary Tribunal" and inserting instead -- " under, or in a proceeding commenced under, 25 this Act by a regulatory authority ". 603. Section 40 amended Section 40(4) is repealed. page 262 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Legal Practice Act 2003 Division 73 s. 604 604. Section 63 amended Section 63(3) is amended by deleting "the powers of the Complaints Committee or Disciplinary Tribunal, the Complaints Committee and the Disciplinary Tribunal may exercise their" 5 and inserting instead -- " any other powers of any regulatory authority, a regulatory authority may exercise its ". 10 605. Section 71 amended Section 71(1) is amended by deleting "the Disciplinary Tribunal" and inserting instead -- " the President of the State Administrative Tribunal or a 15 member of its staff, ". 606. Section 85 amended Section 85(3) is amended by deleting "the powers of the Complaints Committee and the Disciplinary Tribunal, the 20 Complaints Committee and the Disciplinary Tribunal may exercise their" and inserting instead -- " any other powers of any regulatory authority, a regulatory authority may exercise its 25 ". 607. Section 132 amended Section 132(2)(a) and (b) are amended by deleting "Supreme Court" and inserting instead -- " Tribunal ". page 263 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 73 Legal Practice Act 2003 s. 608 608. Section 149 amended Section 149(3) is amended by deleting "A Judge" and inserting instead -- " The State Administrative Tribunal ". 5 609. Section 156 amended Section 156(3) is amended by deleting "the Judge" in the first place where it occurs and inserting instead -- " the State Administrative Tribunal ". 610. Section 164 amended 10 Section 164(1)(f) is deleted and the following paragraph is inserted instead -- " (f) if the Complaints Committee considers it appropriate to do so, and whether or not it has 15 conducted an inquiry, to institute professional disciplinary proceedings against a legal practitioner before the State Administrative Tribunal; ". 20 611. Part 12 Division 2 Subdivision 2 repealed Part 12 Division 2 Subdivision 2 is repealed. 612. Section 176 amended Section 176(3)(a) is amended by inserting before "Tribunal" -- " State Administrative ". 25 613. Section 180 amended Section 180(3) is repealed. page 264 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Legal Practice Act 2003 Division 73 s. 614 614. Section 181 amended Section 181(2), (3) and (4) are repealed. 615. Part 12 Division 5 heading amended The heading to Part 12 Division 5 is amended by deleting 5 "Disciplinary Tribunal" and inserting instead -- " State Administrative Tribunal ". 616. Sections 183 and 184 repealed Sections 183 and 184 are repealed. 617. Sections 191 to 193 repealed 10 Sections 191, 192 and 193 are repealed. 618. Part 12 Division 6 heading amended The heading to Part 12 Division 6 is amended by deleting "of disciplinary bodies generally". 619. Section 196 amended 15 Section 196(1) is repealed and the following subsection is inserted instead -- " (1) Before the Complaints Committee -- (a) a complainant; 20 (b) a person making a complaint on the authority of or on behalf of the complainant; or (c) any legal practitioner, may be represented by a legal practitioner or, subject to the approval of the chairperson, a representative who is 25 not a legal practitioner. ". page 265 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 73 Legal Practice Act 2003 s. 620 620. Section 197 amended (1) Section 197(1) is amended by deleting "under this Part" and inserting instead -- " before the Complaints Committee ". 5 (2) Section 197(2) is amended by deleting ", or the Disciplinary Tribunal,". (3) Section 197(3) is amended as follows: (a) by deleting "or the Disciplinary Tribunal"; (b) by deleting "the Complaints Committee or Disciplinary 10 Tribunal" and inserting instead -- " it ". (4) Section 197(5) and (6) are repealed. 621. Section 198 amended (1) Section 198(1) is amended as follows: 15 (a) by deleting "Committee," in the first place where it occurs and inserting instead -- " Committee or "; (b) by deleting ", the Disciplinary Tribunal or a member of the Tribunal"; 20 (c) in paragraph (e) by deleting "Disciplinary Tribunal or the". (2) Section 198(2) is amended by deleting "or Disciplinary Tribunal,". page 266 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Legal Practice Act 2003 Division 73 s. 622 622. Section 199 amended (1) Section 199(1) is amended as follows: (a) by deleting ", or a person nominated by the chairperson of the Disciplinary Tribunal for that purpose, may on 5 behalf of the Committee or Tribunal" and inserting instead -- " may on behalf of the Complaints Committee "; (b) by inserting after "delivered" -- " to the Complaints Committee ". 10 623. Section 201 amended (1) Section 201(1) is amended as follows: (a) by inserting after "information" in the first place where it occurs -- " to be disclosed to the Complaints Committee "; 15 (b) in paragraph (a) by deleting "or Disciplinary Tribunal". 624. Section 202 replaced Section 202 is repealed and the following section is inserted instead -- " 20 202. Application for review Any person aggrieved by a finding or order made by the Complaints Committee under section 177 may apply to the State Administrative Tribunal for a review of the finding or order. 25 ". 625. Section 205 amended Section 205 is amended by inserting after "this Part" in the first place where it occurs -- " before the Complaints Committee ". page 267 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 73 Legal Practice Act 2003 s. 626 626. Section 248 amended (1) Section 248(3)(c) and (d) are deleted. (2) Section 248(4) is amended as follows: (a) after paragraph (a) by inserting -- 5 " or "; (b) at the end of paragraph (b) by deleting the semicolon and "or" and inserting instead a comma; (c) by deleting paragraph (c); (d) by deleting "or of the Disciplinary Tribunal". 10 627. Section 249 amended Section 249 is amended as follows: (a) by deleting paragraph (a) and the "and" after it; (b) in paragraph (b)(i) by deleting ", the Complaints Committee and the Disciplinary Tribunal" and inserting 15 instead -- " and the Complaints Committee "; (c) by deleting paragraph (b)(ii). 628. Section 250 amended Section 250(b) is amended by deleting "or of the Disciplinary 20 Tribunal". 629. Section 250A inserted After section 250 the following section is inserted -- " 250A. Constitution of State Administrative Tribunal 25 under this Act (1) Subject to subsections (2) and (3), for the purpose of exercising jurisdiction conferred by or under this Act, page 268 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Legal Practice Act 2003 Division 73 s. 629 the State Administrative Tribunal is to be constituted by 3 members being -- (a) by -- (i) the President of the Tribunal; 5 (ii) a Deputy President of the Tribunal or a senior member who is a legally qualified member as defined in section 3(1) of the State Administrative Tribunal Act 2003; and 10 (iii) a person who is not a legal practitioner but has knowledge and understanding of the interests of a person dealing with a legal practitioner; or 15 (b) by -- (i) a Deputy President of the Tribunal; (ii) a senior member of the Tribunal who is a legally qualified member as defined in section 3(1) of the State Administrative 20 Tribunal Act 2003; and (iii) a person who is not a legal practitioner but has knowledge and understanding of the interests of a person dealing with a legal practitioner. 25 (2) The State Administrative Tribunal is not to exercise its powers under section 185(2)(a), or order the suspension of a legal practitioner from practice, unless the Tribunal is constituted so as to include the President. 30 (3) In a directions hearing or other procedural hearing, the State Administrative Tribunal is to be constituted by, or so as to include, the President or a Deputy President of the Tribunal. ". page 269 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 73 Legal Practice Act 2003 s. 630 630. Section 251 amended Section 251(1) is amended as follows: (a) by deleting the comma after "17(2)" and inserting instead -- 5 " or "; (b) by deleting "or 174(2)". 631. Section 252 amended (1) Section 252(1)(u) is amended by deleting "and, subject to the concurrence of the chairperson of the Disciplinary Tribunal, to 10 the convening and functions of the Disciplinary Tribunal". (2) Section 252(2) is amended by inserting after "this Act" -- " other than proceedings before the State Administrative Tribunal 15 ". 632. Schedule 2 amended (1) Schedule 2 clause 1(2) is amended by deleting ", or to hold office under section 169(1)(d)". (2) Schedule 2 clause 3(3) is repealed. 20 633. Schedule 3 repealed Schedule 3 is repealed. page 270 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Legal Practice Act 2003 Division 73 s. 634 634. Various references to "appeal to the Supreme Court" amended The Act is amended by deleting "appeal to the Supreme Court" in each place specified in the Table to this section and inserting 5 instead -- " apply to the State Administrative Tribunal for a review of the decision ". 10 Table s. 20(9) s. 26(2) s. 28(5) s. 34(4) s. 44 s. 113 s. 135 635. Various references to "Disciplinary Tribunal" amended The Act is amended by deleting "Disciplinary Tribunal" in each place specified in the Table to this section and inserting instead -- 15 " State Administrative Tribunal ". Table s. 39(2) and (3) s. 41(1)(a) s. 60(3) s. 94(4) s. 105(3) s. 176(2)(b) and (c) s. 180(1) (in the first place) s. 181(1) s. 185(1) and (2) s. 185(3) (in the first place) s. 186(1), (2) and (3) page 271 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 73 Legal Practice Act 2003 s. 636 s. 187(1) s. 188(2), (3), (4) and (8) (in the first place) s. 188(5), (6), (7) and (9) s. 189(1) (in the first place) s. 189(2) s. 190(1), (2), (3), (4)(a) and (b) and (6) s. 194(1) and (2) s. 204(3)(b) and (6) 636. Various references to "Supreme Court" amended The Act is amended by deleting "Supreme Court" in each place specified in the Table to this section and inserting instead -- " State Administrative Tribunal ". 5 Table s. 69(1) s. 70(1) and (2) s. 87(2) and (3) s. 132(2) (in the first place) s. 132(3) s. 177(5) s. 182(1) and (2) 637. Various references to "the Court" amended The Act is amended by deleting "the Court" in each place specified in the Table to this section and inserting instead -- " the Tribunal ". 10 Table s. 69(1) (both places) s. 69(2) s. 69(2) s. 70(1) (both places) s. 87(2)(a), (b) and (c) s. 132(2) and (3) page 272 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Legal Practice Act 2003 Division 73 s. 638 638. Various references to "Judge" amended (1) The Act is amended by deleting "a Judge" in each place specified in the Table to this section and inserting instead -- " the State Administrative Tribunal ". 5 Table s. 149(1) and (2) s. 150(1) s. 153(b) s. 155 s. 156(1) and (4) (2) The Act is amended by deleting "the Judge" in each place specified in the Table to this section and inserting instead -- " the Tribunal ". Table s. 149(1) s. 150(1) s. 153(b) s. 156(1) (3 places) s. 156(3) ( in the second place) 10 639. Various references to "Disciplinary" deleted The Act is amended by deleting "Disciplinary" in each place specified in the Table to this section. Table s. 180(1) (in the second place) s. 182(1)(b) and (c) s. 185(3) (in the second place) s. 187(4)(b) s. 188(2), (3), (4) and (8) (all in the second place) s. 189(1) (in the second place) page 273 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 74 Legal Practitioners Act 1893 s. 640 Division 74 -- Legal Practitioners Act 1893 640. The Act amended (1) The amendments in this Division are to the Legal Practitioners Act 1893*. 5 [* Reprinted as at 3 August 2001.] (2) This Division is of no effect if the Legal Practitioners Act 1893 is repealed and this Division has not come into operation before the repeal. 641. Section 3 amended 10 Section 3 is amended by deleting the definitions of "Disciplinary Tribunal" and "the tribunal". 642. Section 6 amended (1) Section 6(1)(gc) is amended by deleting "and, subject to the concurrence of the chairman of the Disciplinary Tribunal, to the 15 convening and functions of the Disciplinary Tribunal". (2) Section 6(2) is amended by inserting after "the rules" -- " other than proceedings before the State Administrative Tribunal 20 ". (3) Section 6(7) is amended by deleting "appeal to the Supreme Court against" and inserting instead -- " apply to the State Administrative Tribunal for a 25 review of ". page 274 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Legal Practitioners Act 1893 Division 74 s. 643 643. Section 7C amended (1) After section 7C(1) the following subsections are inserted -- " (1a) The annual report is to include details of -- 5 (a) the number, nature, and outcome of -- (i) inquiries undertaken by the Board; and (ii) matters that have been brought before the State Administrative Tribunal under this Act; 10 (b) the number and nature of matters referred to in paragraph (a) that are outstanding; (c) any trends or special problems that may have emerged; (d) forecasts of the workload of the Board in the 15 year after the year to which the report relates; and (e) any proposals for improving the operation of the Board. (1b) The executive officer of the State Administrative 20 Tribunal and the Law Complaints Officer are to provide the Board with information it may request for the purpose of making its annual report. ". 644. Section 14C amended 25 (1) Section 14C(2) is amended as follows: (a) by deleting "There shall be a right of appeal to the Full Court of Western Australia by any" and inserting instead -- " Any " page 275 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 74 Legal Practitioners Act 1893 s. 645 (b) by inserting after "section" -- " may apply to the State Administrative Tribunal for a review of the decision 5 ". 645. Section 25 amended (1) Section 25(1)(f) is amended as follows: (a) by deleting "institute --" and inserting instead -- " institute "; 10 (b) by deleting the subparagraph designation "(i)" and the "or" at the end of that subparagraph; (c) by deleting "tribunal" and inserting instead -- " State Administrative Tribunal "; (d) by deleting subparagraph (ii). 15 (2) Section 25(4) is amended by deleting ", or office under section 28E(1)(c),". 646. Section 28A amended Section 28A(5) is amended by deleting "An appeal lies to a judge of the Supreme Court against any" and inserting 20 instead -- " Any person may apply to the State Administrative Tribunal for a review of a ". 25 647. Section 28B amended (1) Section 28B(2)(b) is amended by deleting "by the Disciplinary Tribunal" and inserting instead -- " under section 29A(2)(b) ". page 276 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Legal Practitioners Act 1893 Division 74 s. 648 (2) Section 28B(3) is amended by deleting "tribunal" and inserting instead -- " Tribunal ". 648. Section 28C amended 5 (1) Section 28C(1) is amended as follows: (a) by deleting "in the manner prescribed by the rules". (b) by deleting "Disciplinary" before "Tribunal" in the second place where it occurs. (2) Section 28C(2) is amended by deleting all of the subsection 10 after "for the determination" at the end of paragraph (a) and inserting instead a full stop. (3) Section 28C(3) and (4) are repealed. 649. Sections 28D, 28E and 29 repealed Sections 28D, 28E and 29 are repealed. 15 650. Section 29A amended (1) Section 29A(2) is amended as follows: (a) by deleting the comma at the end of paragraph (b) and inserting instead a full stop; (b) by deleting "and may make an order as to costs and 20 expenses in accordance with subsection (4).". (2) Section 29A(3) and (8) are amended by deleting "tribunal" in each place where it occurs and inserting instead -- " Tribunal ". (3) Section 29A(4), (5), (6) and (7) are repealed. 25 651. Section 29B repealed Section 29B is repealed. page 277 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 74 Legal Practitioners Act 1893 s. 652 652 Section 30 amended Section 30(1) is amended by deleting ", subject to section 29B,". 653. Section 31 repealed 5 Section 31 is repealed. 654. Section 31AA amended Section 31AA(2) is amended as follows: (a) by deleting "or the Disciplinary Tribunal"; (b) in paragraph (b) by deleting "without prejudice to the 10 operation of section 28D(3) or (4),". 655. Section 31B amended Section 31B(1) is repealed and the following subsection is inserted instead -- " 15 (1) Before the Complaints Committee -- (a) a complainant; (b) a person making a complaint on the authority of or on behalf of the complainant; or (c) any practitioner, 20 may be represented by a practitioner or, subject to the approval of the chairman of the meeting, some other representative who is not a practitioner. ". 656. Section 31C amended 25 (1) Section 31C(1) is amended by deleting "under this Part" and inserting instead -- " before the Complaints Committee ". page 278 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Legal Practitioners Act 1893 Division 74 s. 657 (2) Section 31C(2) is amended by deleting ", or the Disciplinary Tribunal,". (3) Section 31C(3) is amended by deleting "or the Disciplinary Tribunal". 5 (4) Section 31C(5) is repealed. 657. Section 31D amended (1) Section 31D(1) is amended as follows: (a) by deleting "or the Disciplinary Tribunal or a member of that tribunal". 10 (b) in paragraph (c) by deleting "the Disciplinary Tribunal or of ". (2) Section 31D(2) is amended as follows: (a) by deleting "or a person nominated by the chairman of the Disciplinary Tribunal for that purpose"; 15 (b) by deleting "or tribunal". 658. Section 31E amended (1) Section 31E(2) is amended as follows: (a) in paragraph (a) by deleting "the seal of the Disciplinary Tribunal, and of "; 20 (b) in paragraph (a)(i) by deleting ", the Complaints Committee and the Disciplinary Tribunal" and inserting instead -- " and the Complaints Committee "; (c) by deleting paragraph (a)(ii); 25 (d) in paragraph (b) by deleting "Board, the Complaints Committee, or the Disciplinary Tribunal, or as the Registrar of the Disciplinary Tribunal" and inserting instead -- " Board or the Complaints Committee "; page 279 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 74 Legal Practitioners Act 1893 s. 659 (e) in paragraph (c)(ii) by deleting "or of the Disciplinary Tribunal"; (f) at the end of paragraph (d)(ii) by deleting the semicolon and "or" and inserting instead a comma; 5 (g) by deleting paragraph (d)(iii); (h) in paragraph (d) by deleting "or of the Disciplinary Tribunal, respectively". 659. Section 31F amended (1) Section 31F(1) is amended as follows: 10 (a) by deleting "Supreme Court" and inserting instead -- " State Administrative Tribunal "; (b) in paragraphs (b) and (c) by deleting "Disciplinary". (2) Section 31F(2) is amended by deleting "Supreme Court" and inserting instead -- 15 " State Administrative Tribunal "; 660. Section 31G amended Section 31G(1) is repealed and the following subsection is inserted instead -- " 20 (1) On or before 31 December in each year the chairman of the Complaints Committee shall cause a report to be made and submitted in writing to the Attorney General in relation to the activities of that committee in respect of the year ending on the preceding 30 June. 25 ". 661. Section 58B amended Section 58B(2) is amended by deleting "A Judge" and inserting instead -- " The State Administrative Tribunal ". page 280 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Legal Practitioners Act 1893 Division 74 s. 662 662. Section 58I amended (1) Section 58I(2) is amended by deleting "Judge" in the first place where it occurs and inserting instead -- " State Administrative Tribunal ". 5 (2) Section 58I(3) is amended by deleting "A Judge" and inserting instead -- " The State Administrative Tribunal ". 663. Section 58W amended Section 58W(1)(b) is amended as follows: 10 (a) after subparagraph (iv) by inserting -- " (iva) the State Administrative Tribunal; "; (b) in subparagraph (vi) by deleting "such other" and 15 inserting instead -- " any ". 664. Section 81 amended Section 81 is amended by deleting "or of the Disciplinary Tribunal". 20 665. Section 83 amended Section 83 is amended as follows: (a) by deleting "There shall be an appeal to the Full Court of Western Australia by any" and inserting instead -- " Any "; page 281 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 74 Legal Practitioners Act 1893 s. 666 (b) by inserting after "practice certificate" -- " may apply to the State Administrative Tribunal for a review of the decision 5 ". 666. Section 83A inserted After section 83 the following section is inserted -- " 83A. Constitution of State Administrative Tribunal 10 under this Act (1) Subject to subsections (2) and (3), for the purpose of exercising jurisdiction conferred by or under this Act, the State Administrative Tribunal is to be constituted by 3 members being -- 15 (a) by -- (i) the President of the Tribunal; (ii) a Deputy President of the Tribunal or a senior member who is a legally qualified member as defined in 20 section 3(1) of the State Administrative Tribunal Act 2003; and (iii) a person who is not a legal practitioner but has knowledge and understanding of the interests of a person dealing with a 25 legal practitioner; or (b) by -- (i) a Deputy President of the Tribunal; (ii) a senior member of the Tribunal who is 30 a legally qualified member as defined in section 3(1) of the State Administrative Tribunal Act 2003; and page 282 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Legal Practitioners Act 1893 Division 74 s. 667 (iii) a person who is not a legal practitioner but has knowledge and understanding of the interests of a person dealing with a legal practitioner. 5 (2) The State Administrative Tribunal is not to exercise its powers under section 29A(2)(a), or order the suspension of a legal practitioner from practice, unless the Tribunal is constituted so as to include the President. 10 (3) In a directions hearing or other procedural hearing, the State Administrative Tribunal is to be constituted by, or so as to include, the President or a Deputy President of the Tribunal. ". 15 667. Schedule 2 amended (1) Schedule 2 is amended in the reference before "Part A" by deleting "[s. 28E(2)]". (2) The amendments in subsections (3) to (8) are to Schedule 2 Part C. 20 (3) The reference is amended by deleting "and 28E(2) and (8)". (4) The heading is amended by deleting ", or to the Disciplinary Tribunal, or to both"; (5) Clause 1(2) is repealed. (6) Clause 2(1) is amended by deleting "or the Disciplinary 25 Tribunal, or both,". (7) Clause 3(2) is amended by deleting "or the Disciplinary Tribunal". page 283 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 74 Legal Practitioners Act 1893 s. 667 (8) Clause 5 is repealed and the following clause is inserted instead -- " 5. Remuneration 5 There shall be paid to persons appointed to the committee as representatives of the community such fees and allowances as the Attorney General, after consultation with the Minister for Public Sector Management, may determine. ". 10 (9) The amendments in subsections (10) to (18) are to Schedule 2 Part D. (10) The reference is amended by deleting "and 28E(9)". (11) The heading is amended by deleting ", or to the Disciplinary Tribunal, or to both". 15 (12) Clause 2(1) is amended by deleting "and the Disciplinary Tribunal". (13) Clause 2(2) is amended by deleting "or the Disciplinary Tribunal". (14) Clause 2(3) is amended by deleting "or that tribunal". 20 (15) Clause 3(3) is amended by deleting "or of the Disciplinary Tribunal does not preclude either" and inserting instead -- " does not preclude that ". (16) Clause 4(3) is repealed. (17) Clause 5(b)(iv) is amended by deleting ", the Complaints 25 Committee or the Disciplinary Tribunal" and inserting instead -- " or the Complaints Committee ". (18) Clause 6(2) is amended by deleting "or the Disciplinary Tribunal". page 284 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Legal Practitioners Act 1893 Division 74 s. 668 668. Various references to "Disciplinary Tribunal" amended The Act is amended by deleting "Disciplinary Tribunal" in each place specified in the Table to this section and inserting instead -- 5 " State Administrative Tribunal ". Table s. 28B(2)(c) s. 28C(1) (in the first place) s. 28C(2) s. 29A(1), (2), (3) s. 30(1), (2) s. 31AA(1)(b) s. 31AA(2)(c)(ii) s. 31AA(3)(a) s. 31AA(3)(b) s. 31AA(4) s. 32A(1)(b) s. 32A(3) 669. Various references to "a Judge" amended The Act is amended by deleting "a Judge" in each place specified in the Table to this section and inserting instead -- 10 " the State Administrative Tribunal ". Table s. 58B(1) s. 58C(1) s. 58F(b) s. 58H s. 58I(1) page 285 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 75 Licensed Surveyors Act 1909 s. 670 670. Various references to "the Judge" amended The Act is amended by deleting "the Judge" in each place specified in the Table to this section and inserting instead -- " the Tribunal ". 5 Table s. 58B(1) (both places) s. 58C(1) 58F(b) 58I(1) 58I(1)(b) 58I(1)(e) 58I(2) (in the second place) Division 75 -- Licensed Surveyors Act 1909 671. The Act amended The amendments in this Division are to the Licensed Surveyors Act 1909*. 10 [* Reprinted as at 22 November 2002.] 672. Section 8 replaced by sections 8, 8A, 8B and 8C Section 8 is repealed and the following sections are inserted instead -- " 15 8. Powers of investigation (1) The Board may make any inquiry that the Board considers necessary or expedient for the purposes of -- (a) determining any application or any other matter before the Board; 20 (b) determining whether or not a licensed surveyor is or has been complying with the requirements of this Act; page 286 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Licensed Surveyors Act 1909 Division 75 s. 672 (c) determining whether any other cause exists that might be considered by the Board a proper cause for disciplinary action; (d) detecting offences against this Act. 5 (2) The Board may designate an officer of the Board to be an investigator to carry out an inquiry and report to the Board under this section. (3) The investigator may -- (a) require any person -- 10 (i) to give the investigator such information as the investigator requires; and (ii) to answer any question put to the person, in relation to any matter the subject of such 15 inquiry; (b) require any person to produce any document to the investigator; (c) enter at all reasonable times and search any premises and inspect any documents that the 20 investigator finds on the premises; and (d) make a copy or abstract of any document produced or inspected under this section, or of any entry made in the document. (4) A requirement made under subsection (3)(a) -- 25 (a) may be made orally or by notice in writing served on the person required to give information or answer a question, as the case may be; (b) shall specify the time at or within which the 30 information is to be given or the question is to be answered, as the case may be; and page 287 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 75 Licensed Surveyors Act 1909 s. 672 (c) may, by its terms, require that the information or answer required -- (i) be given orally or in writing; (ii) be given at or sent or delivered to any 5 place specified in the requirement; (iii) in the case of written information or answers, be sent or delivered by any means specified in the requirement; and (iv) be given on oath or affirmation or by 10 statutory declaration for which purpose the investigator may administer an oath or affirmation and have the authority of a commissioner for declarations. (5) A requirement made under subsection (3)(b) -- 15 (a) shall be made by notice in writing served on the person required to produce a document; (b) shall specify the time at or within which the document is to be produced; and (c) may, by its terms, require that the document be 20 produced -- (i) at any place specified in the requirement; and (ii) by any means specified in the requirement. 25 (6) Where under subsection (3)(a) an investigator orally requires a person to give any information or answer any question, the investigator shall inform that person that he is required under this Act to give the information or answer the question, as the case may be. 30 (7) Where under subsection (3)(a) or (b) a person is required by notice in writing to give any information, answer any question, or produce any document, the notice shall state that he is required under this Act to page 288 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Licensed Surveyors Act 1909 Division 75 s. 672 give the information, answer the question, or produce the document, as the case may be. (8) Before entering any premises under this section the investigator -- 5 (a) shall obtain a warrant to do so from a magistrate or Justice of the Peace which warrant the magistrate or Justice of the Peace is authorised to issue upon being satisfied that the entry is sought in good faith for the purpose of 10 carrying out an inquiry under this section; and (b) shall display to the person, if any, giving the investigator entry, a document signed by the chairman of the Board and certifying that the person is designated as an investigator by the 15 Board. 8A. Incriminating information, questions, or documents Without prejudice to the provisions of section 11 of the Evidence Act 1906, where under section 8 a person is required to -- 20 (a) give any information; (b) answer any question; or (c) produce any document, he shall not refuse to comply with that requirement on the ground that the information, answer, or document 25 may tend to incriminate the person or render the person liable to any penalty, but the information or answer given, or document produced, by the person shall not be admissible in evidence in any proceedings against the person other than proceedings in respect of an 30 offence against section 8B(1)(b). page 289 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 75 Licensed Surveyors Act 1909 s. 672 8B. Failure to comply with investigation (1) Where under section 8 a person is required to give any information, answer any question, or produce any document and that person, without reasonable excuse 5 (proof of which shall lie on him) -- (a) fails to give that information or answer that question at or within the time specified in the requirement; (b) gives any information or answer that is false in 10 any particular; or (c) fails to produce that document at or within the time specified in the requirement, the person commits an offence. Penalty: $2 000. 15 (2) It is a defence in any proceeding for an offence under subsection (1)(a) or (c) for the defendant to show -- (a) that, in the case of an alleged offence arising out of a requirement made orally under section 8, the investigator did not, when making 20 the requirement, inform the defendant that he was required under this Act to give the information or answer the question, as the case may be; (b) that, in the case of an alleged offence arising 25 out of a requirement made by notice in writing under section 8, the notice did not state that he was required under this Act to give the information, answer the question, or produce the document, as the case may be; 30 (c) that the time specified in the requirement did not afford the defendant sufficient notice to enable him to comply with the requirement; or page 290 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Licensed Surveyors Act 1909 Division 75 s. 673 (d) that, in any case, the investigator did not, before making the requirement, have reasonable grounds to believe that compliance with the requirement would materially assist in the 5 inquiry being carried out. 8C. Obstruction of investigator A person shall not prevent or attempt to prevent an investigator from entering premises or otherwise obstruct or impede an investigator in the exercise of his 10 powers under section 8. Penalty: $2 000. ". 673. Section 20A amended (1) Section 20A(1) is amended by deleting "whose conduct is not 15 the subject of an inquiry under section 22". (2) After section 20A(4) the following subsection is inserted -- " (5) Despite the surrender by a person of a licence or a practising certificate or its cancellation under this 20 section, this Act applies, for the purpose of enabling the person to be investigated or otherwise dealt with for a matter arising before the surrender, as if the licence or practising certificate had not been surrendered or cancelled. 25 ". 674. Section 20B inserted After section 20A the following section is inserted -- " 20B. Disciplinary proceedings against licensed surveyors 30 The Board may allege to the State Administrative Tribunal that there is proper cause for disciplinary page 291 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 75 Licensed Surveyors Act 1909 s. 675 action, as mentioned in section 21(1), against a licensed surveyor. ". 675. Section 21 amended 5 (1) Section 21(1) is amended as follows: (a) by deleting "Upon a charge duly made and after inquiry, if it is shown with respect to any person who was at the relevant time a licensed surveyor that --" and inserting instead -- 10 " There is proper cause for disciplinary action in respect of a licensed surveyor if -- "; (b) by deleting the comma and all of the subsection after 15 paragraph (g) and inserting instead a full stop. (2) After section 21(1) the following subsection is inserted -- " (1aa) If, in a proceeding commenced by an allegation under section 20B against a licensed surveyor, the State 20 Administrative Tribunal is satisfied that proper cause exists for disciplinary action, the State Administrative Tribunal may make an order -- (a) reprimanding or cautioning that person; (b) imposing on that person a fine not exceeding 25 $1 000; (c) imposing conditions on the licence or practising certificate, or both, of that person, if that person is -- (i) still a licensed surveyor; or 30 (ii) an applicant for a licence or practising certificate, or both, or for the renewal of a practising certificate; page 292 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Licensed Surveyors Act 1909 Division 75 s. 675 (d) suspending the licence or practising certificate of a person who is still a licensed surveyor and his entitlement to apply for a renewal of that practising certificate, if any, or for another 5 licence or practising certificate -- (i) for such period not exceeding 3 years as is specified in the order; or (ii) until any condition referred to in paragraph (c) has been complied with, 10 whichever is the shorter period; (e) suspending the entitlement of a person who is no longer a licensed surveyor to apply for another licence -- (i) for such period not exceeding 3 years as 15 is specified in the order; or (ii) until any condition referred to in paragraph (c) has been complied with, whichever is the shorter period; (f) if that person is still a licensed surveyor, 20 cancelling his licence; (g) if that person is not still a licensed surveyor, cancelling his entitlement to apply for another licence; or (h) if that person is still a licensed surveyor, 25 cancelling -- (i) his practising certificate; or (ii) his entitlement to apply for a renewal of his expired practising certificate or for another practising certificate, 30 or make in relation to that person any 2 or more of the orders referred to in paragraphs (a) to (h) and applicable to that person and, if the State Administrative Tribunal thinks fit, make any one or page 293 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 75 Licensed Surveyors Act 1909 s. 675 more of the orders specified in subsection (1a) in relation to that person. ". (3) Section 21(1a) is amended as follows: 5 (a) in paragraph (a) by deleting "Board" and inserting instead -- " State Administrative Tribunal "; (b) after paragraph (b) by inserting "and"; (c) at the end of paragraph (c) by deleting the semicolon 10 and "and" and inserting instead a full stop; (d) by deleting paragraph (d). (4) Section 21(1b), (1c) and (2) are repealed. (5) Section 21(4)and (5) are amended by deleting "(1)(m) or (n)" and inserting instead -- 15 " (1aa)(f) or (g) ". (6) Section 21(6) is amended as follows: (a) by deleting "Board may, on the application of " and inserting instead -- " 20 State Administrative Tribunal may, on the application of the Board or "; (b) in paragraph (a) by deleting "(1)(k)" and inserting instead -- 25 " (1aa)(d) "; (c) in paragraph (b) by deleting "(1)(l)" and inserting instead -- " (1aa)(e) "; page 294 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Licensed Surveyors Act 1909 Division 75 s. 676 (d) in paragraph (c) by deleting "(1)(m)," and inserting instead -- " (1aa)(f), order that the Board "; (e) in paragraph (d) by deleting "(1)(n)," and inserting 5 instead -- " (1aa)(g), order that the Board "; (f) in paragraph (e) by deleting "(1)(o)" and inserting instead -- " (1aa)(h) "; 10 (g) in paragraph (e) by deleting "that subsection," and inserting instead -- " subsection (1aa)(h), order that the Board "; (h) by inserting after "so doing" -- " order that the Board "; 15 (i) by deleting "Board" in the second place where it occurs and inserting instead -- " State Administrative Tribunal ". (7) Section 21(7)(a) is amended by deleting "one or more of subsection (1)(h) to (o)" and inserting instead -- 20 " subsection (1aa) ". 676. Section 21AA inserted After section 21 the following section is inserted -- " 21AA. Suspension of licence by State Administrative 25 Tribunal (1) Where the State Administrative Tribunal makes an order against a licensed surveyor or the holder of a practising certificate and payment is not made in accordance with the order or the order is otherwise not complied with or 30 is breached, the State Administrative Tribunal may page 295 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 75 Licensed Surveyors Act 1909 s. 677 order that the person's licence or practising certificate be suspended until the payment is made, or for such period or upon such event occurring as the State Administrative Tribunal thinks fit. 5 (2) The power conferred on the State Administrative Tribunal by subsection (1) is in addition to, and does not derogate from, the powers conferred on it by the State Administrative Tribunal Act 2003. ". 10 677. Section 22 replaced Section 22 is repealed and the following section is inserted instead -- " 22. Charge against surveyor 15 (1) Every charge that there is proper cause for disciplinary action against a person under section 21 shall be submitted to the Board in writing signed by the person making the charge. (2) Subsection (1) does not prevent the Board from 20 commencing an investigation on its own initiative. ". 678. Section 22A replaced Section 22A is repealed and the following section is inserted instead -- 25 " 22A. Application for review (1) A person aggrieved by a reviewable decision of the Board may apply to the State Administrative Tribunal for a review of the decision. page 296 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Licensed Surveyors Act 1909 Division 75 s. 679 (2) In subsection (1) -- "person aggrieved" means a person whose licence or practising certificate is affected by a reviewable decision or who applies for the grant or renewal of 5 a licence or practising certificate; "reviewable decision" means a decision of the Board in respect of an application for the grant or renewal of a licence or practising certificate or the imposition of a condition on a licence or practising 10 certificate. ". 679. Section 25C amended After section 25C(1) the following subsection is inserted -- " 15 (1a) The Board's annual report is to include details of -- (a) the number, nature, and outcome, of -- (i) investigations and inquiries undertaken by, or at the direction of, the Board; and (ii) matters that have been brought before 20 the State Administrative Tribunal by the Board; (b) the number and nature of matters referred to in paragraph (a) that are outstanding; (c) any trends or special problems that may have 25 emerged; (d) forecasts of the workload of the Board in the year after the year to which the report relates; and (e) any proposals for improving the performance of 30 the Board's functions. ". page 297 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 76 Litter Act 1979 s. 680 680. Section 26 amended Section 26(l)(l) is deleted. Division 76 -- Litter Act 1979 681. The Act amended 5 The amendments in this Division are to the Litter Act 1979*. [* Reprinted as at 4 January 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 220.] 682. Section 25 amended 10 (1) Section 25(5) is amended as follows: (a) by deleting "appeal in respect" and inserting instead -- " application for a review "; (b) by deleting "lodged" and inserting instead -- " made ". 15 (2) Section 25(6) is amended by deleting all of the subsection after "subsection (2) may" and inserting instead -- " apply to the State Administrative Tribunal for a review of the requirement or direction. 20 ". (3) Section 25(7) and (8) are repealed. page 298 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Local Government (Miscellaneous Provisions) Act 1960 Division 77 s. 683 Division 77 -- Local Government (Miscellaneous Provisions) Act 1960 683. The Act amended The amendments in this Division are to the Local Government 5 (Miscellaneous Provisions) Act 1960*. [* Reprinted as at 28 July 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 229.] 684. Section 295 amended 10 (1) Section 295(3) is amended as follows: (a) in paragraph (d) by deleting ", within 30 days after the requirement is communicated to him, appeal in writing against" and inserting instead -- " 15 apply to the State Administrative Tribunal for a review of "; (b) in paragraph (d) by deleting "to the Minister for Local Government"; 20 (c) by deleting paragraph (e). (2) Section 295(4) is amended as follows: (a) in paragraph (d) by deleting "appeal to the Minister for Local Government against" and inserting instead -- " 25 apply to the State Administrative Tribunal for a review of "; (b) in paragraph (d) by deleting ", and, if of opinion that the owner has caused a street to be so constructed and 30 drained, and that the street gives such access to lots in the subdivision, that the local government should have page 299 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 77 Local Government (Miscellaneous Provisions) Act 1960 s. 685 granted the consent, the Minister may give his consent to the disposal of the lots and the decision of the Minister is final". (3) Section 295(4a) is amended by deleting "of appeal conferred by 5 that subsection" and inserting instead -- " conferred by subsection (4)(d) to apply for a review. ". 685. Section 374 amended 10 (1) Section 374(2)(a) is amended as follows: (a) by deleting "appeal in writing from" and inserting instead -- " apply to the State Administrative Tribunal for a 15 review of "; (b) by deleting "to the Minister, who may uphold, reverse, or vary the decision of the local government and make such order as he thinks fit and the order of the Minister 20 is final and not subject to appeal". (2) Section 374(2)(b) is amended as follows: (a) by deleting "purposes of exercising his powers" and inserting instead -- " 25 purpose of enabling effect to be given to an order it makes upon an application "; (b) by deleting "Minister" and inserting instead -- " State Administrative Tribunal "; 30 (c) by deleting "in his" and inserting instead -- " in its "; page 300 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Local Government (Miscellaneous Provisions) Act 1960 Division 77 s. 686 (d) by deleting "warrant his" and inserting instead -- " warrant its ". 686. Section 374A amended Section 374(3) is amended as follows: 5 (a) by deleting "appeal in writing to the Minister, who may confirm or vary " and inserting instead -- " apply to the State Administrative Tribunal for a review of 10 "; (b) by deleting ", and the order of the Minister is final and not subject to appeal". 687. Section 399 amended Section 399(5) is amended as follows: 15 (a) by deleting "appeal from" and inserting instead -- " apply to the State Administrative Tribunal for a review of "; 20 (b) by deleting "to the Minister, who may uphold, reverse, or vary the decision of the local government, and make such order as he thinks fit, and the decision of the Minister is not subject to appeal". 688. Section 401 amended 25 (1) Section 401(1) is amended as follows: (a) after "unless" by inserting a comma; (b) after "right of appeal" by inserting -- " under Division 19 "; (c) by deleting "or the Minister, as the case may be,"; page 301 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 77 Local Government (Miscellaneous Provisions) Act 1960 s. 688 (d) after "requisition on appeal" by inserting -- " or, where there is a right to apply to the State Administrative Tribunal for a review of the requisition, 5 the right is exercised and the State Administrative Tribunal sets aside the requisition ". (2) Section 401(3) is amended as follows: (a) by deleting "within 35 days of the service of the notice 10 upon him"; (b) by deleting "appeal to the Minister in the manner prescribed by the regulations, and the Minister may decide the appeal and his decision is not subject to appeal" and inserting instead -- 15 " apply to the State Administrative Tribunal for a review of the requisition ". (3) Section 401(7) is amended as follows: 20 (a) in paragraph (a) by deleting "under" and inserting instead -- " or an application for review as described in "; (b) in paragraph (b) by deleting "under this section is" and inserting instead -- 25 " or an application for review is made but is "; (c) by deleting "subject of appeal under" and inserting instead -- " subject of an appeal or an application for 30 review as described in ". page 302 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Local Government (Miscellaneous Provisions) Act 1960 Division 77 s. 689 689. Section 401A amended (1) Section 401A(4)(b) is amended by deleting "Minister on appeal" and inserting instead -- " 5 State Administrative Tribunal on an application for review ". (2) Section 401A(6) is amended by deleting "appeal in writing to the Minister against all or any of the matters set out in the 10 notice, and the Minister may confirm, set aside, or vary the notice as he thinks fit" and inserting instead -- " apply to the State Administrative Tribunal for a review of the notice 15 ". 690. Section 409A amended (1) Section 409A(3) is amended by deleting "by causing notice in writing setting out his grounds to be served upon the Minister, appeal against the making of " and inserting instead -- 20 " apply to the State Administrative Tribunal for a review of ". (2) Section 409A(4) is repealed. 691. Section 413 amended 25 (1) Section 413(2) is amended by deleting "may, within 35 days of the service upon him of the requisition, appeal to the Minister, who may confirm or disallow the requisition, and the decision of the Minister is not subject to appeal" and inserting instead -- " 30 , may apply to the State Administrative Tribunal for a review of the requisition ". page 303 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 78 Local Government Act 1995 s. 692 (2) Section 413(2) is amended by deleting "so appeal to the Minister, or if the Minister" and inserting instead -- " apply to the State Administrative Tribunal for a review 5 of the requisition, or if the State Administrative Tribunal ". Division 78 -- Local Government Act 1995 692. The Act amended The amendments in this Division are to the Local Government 10 Act 1995*. [* Reprinted as at 18 February 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 223 and Acts Nos. 20 and 21of 2003.] 15 693. Section 2.27 amended (1) Section 2.27(6) is amended by deleting "a court of summary jurisdiction" and inserting instead -- " the State Administrative Tribunal ". (2) Section 2.27(7) is amended by deleting "a court of summary 20 jurisdiction" and inserting instead -- " the State Administrative Tribunal ". (3) Section 2.27(8) is repealed. 694. Section 2.32 amended Section 2.32(d) is amended by deleting "a court of summary 25 jurisdiction" and inserting instead -- " the State Administrative Tribunal ". page 304 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Local Government Act 1995 Division 78 s. 695 695. Section 3.25 amended Section 3.25(5) is amended by deleting "appeal against it" and inserting instead -- " 5 apply to the State Administrative Tribunal for a review of the decision to give the notice ". 696. Section 6.1 amended Section 6.1 is amended by deleting the definition of "Land 10 Valuation Tribunal". 697. Section 6.3 amended Section 6.3(a) is amended by deleting "a Land Valuation Tribunal" and inserting instead -- " the State Administrative Tribunal ". 15 698. Section 6.32 amended (1) Section 6.32(3)(b) is amended by deleting "a Land Valuation Tribunal" and inserting instead -- " the State Administrative Tribunal ". (2) Section 6.32(4) is amended as follows: 20 (a) by deleting "a Land Valuation Tribunal" and inserting instead -- " the State Administrative Tribunal "; (b) by deleting "legal". 699. Section 6.58 amended 25 Section 6.58 is amended as follows: (a) by deleting "on an appeal" and inserting instead -- " on an application "; page 305 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 78 Local Government Act 1995 s. 700 (b) after "Subdivision 7" by inserting -- " for a review "; (c) by deleting "on appeal" and inserting instead -- " on an application "; 5 (d) after "that Subdivision" by inserting -- " for a review ". 700. Section 6.59 amended Section 6.59 is amended as follows: (a) after "to hear an" by inserting -- 10 " application for review or an "; (b) by deleting "proceedings or appeal" and inserting instead -- " matter ". 701. Heading to Part 6 Division 6 Subdivision 7 amended 15 The heading to Part 6 Division 6 Subdivision 7 is amended by deleting "Appeals" and inserting instead -- " Review ". 702. Section 6.77 amended Section 6.77 is amended as follows: 20 (a) by deleting "local government" and inserting instead -- " State Administrative Tribunal "; (b) by deleting "give to the local government a notice requiring that it treat the objection as an appeal against the rate record" and inserting instead -- 25 " apply to the State Administrative Tribunal for a review of the decision ". page 306 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Local Government Act 1995 Division 78 s. 703 703. Section 6.78 amended Section 6.78 is amended by deleting "or for service of a notice requiring it to treat an objection to the rate record as an appeal against the rate record may give to the local government a 5 notice requiring it to refer the decision to a Land Valuation Tribunal as an appeal" and inserting instead -- " may apply to the State Administrative Tribunal for a review of the decision 10 ". 704. Section 6.79 replaced by sections 6.79 and 6.79B Section 6.79 is repealed and the following sections are inserted instead -- " 15 6.79. New matters raised on review (1) Upon a review by the State Administrative Tribunal under section 6.77 or 6.78, the State Administrative Tribunal may consider -- (a) grounds in addition to those stated in the notice 20 of objection; and (b) reasons in addition to any reasons previously given for the local government's decision that is under review. (2) The State Administrative Tribunal is to ensure, by 25 adjournment or otherwise, that each party and any other person entitled to be heard has a reasonable opportunity of properly considering and responding to any new ground or reason that the State Administrative Tribunal proposes to consider in accordance with 30 subsection (1). page 307 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 78 Local Government Act 1995 s. 705 6.79B. Written reasons for certain determinations to be given and published If the State Administrative Tribunal considers that an order it makes determining a matter coming before it 5 on a reference under section 6.77 or 6.78 is of general interest or significance, it is to prepare written reasons for its order and give a copy of the reasons to each party and publish the written reasons. ". 10 705. Section 6.80 amended Section 6.80 is amended by deleting "appeal" and inserting instead -- " review ". 706. Section 6.81 amended 15 Section 6.81 is amended as follows: (a) by deleting "or an appeal"; (b) by deleting "or appeal". 707. Section 6.82 amended (1) Section 6.82(1) is amended as follows: 20 (a) by deleting "appeal to a Land Valuation Tribunal" and inserting instead -- " refer the question to the State Administrative Tribunal "; 25 (b) by deleting "have the question" and inserting instead -- " have it ". page 308 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Local Government Act 1995 Division 78 s. 708 (2) Section 6.82(3) is amended as follows: (a) by deleting "Land Valuation Tribunal hearing an appeal" and inserting instead -- " 5 State Administrative Tribunal dealing with a matter referred to it "; (b) by deleting "the opinion of the Tribunal" and inserting instead -- 10 " its opinion ". 708. Section 7.13 amended Section 7.13(d)(iii) is amended as follows: (a) by deleting "appeals to the Local Court against" and inserting instead -- 15 " applications to the State Administrative Tribunal for the review of "; (b) by deleting "and the procedure relating to such appeals". 20 [The notes to Part 9 are altered by deleting "appeals" and inserting "review" instead.] 709. Heading to Part 9 Division 1 amended The heading to Part 9 Division 1 is amended by deleting "appeals" and inserting instead -- 25 " review ". 710. Section 9.4 amended Section 9.4 is amended by deleting "and appeal against" and inserting instead -- " against, and apply for a review of, ". page 309 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 78 Local Government Act 1995 s. 711 711. Section 9.5 amended Section 9.5(1) is amended by deleting "lodged an appeal against" and inserting instead -- " applied under this Division for a review of ". 5 712. Section 9.7 amended (1) Section 9.7(1) is amended as follows: (a) by deleting "appeal against" and inserting instead -- " apply to the State Administrative Tribunal for a review 10 of "; (b) in paragraph (b) after "objection but" by inserting -- " , at the expiration of 35 days after it was 15 lodged, "; (c) in paragraph (b) by deleting "at the expiration of 35 days after it was lodged". (2) Section 9.7(2) is amended by deleting "appeal against" and 20 inserting instead -- " apply to the State Administrative Tribunal for a review of ". (3) Section 9.7(3) is amended as follows: (a) by deleting "appeal is made by preparing it in the prescribed form and lodging it in the prescribed manner" 25 and inserting instead -- " application is to be made "; (b) by deleting "of appeal" and inserting instead -- " to make it "; page 310 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Local Government Act 1995 Division 78 s. 713 (c) by deleting after "arose" to the end of the subsection and inserting instead -- " [i.e. -- 5 • within 42 days after the original decision, for an application under subsection (1)(a), • more than 35 days, but within 77 days, after the objection was lodged, for an application under subsection (1)(b);or 10 • within 42 days after the objection was decided, for an application under subsection (2)]. ". (4) Section 9.7(4) is repealed. 713. Section 9.8 repealed 15 Section 9.8 is repealed. 714. Section 9.9 amended Section 9.9(1) is amended as follows: (a) after "If an objection" by deleting "or appeal"; (b) after "against a decision" by inserting -- 20 " or an application has been made under this Division for a review of the decision "; (c) by deleting "court authorized" and inserting instead -- 25 " tribunal authorised "; (d) before "has decided" by deleting "appeal" and inserting instead -- " application "; page 311 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 79 Maritime Archaeology Act 1973 s. 715 (e) in paragraph (a) by deleting "court" and inserting instead -- " tribunal ". 715. Section 9.29 amended 5 Section 9.29(1) is amended in paragraph (a) of the definition of "proceedings" after "sessions" by inserting -- " or before the State Administrative Tribunal ". 716. Schedule 9.1 amended Schedule 9.1 item 12(3) is amended as follows: 10 (a) by deleting "provide for" and inserting instead -- " state that "; (b) by deleting "to have a right of appeal against" and inserting instead -- " 15 is an affected person for the purposes of Part 9 Division 1 and that Part 9 Division 1 applies to ". Division 79 -- Maritime Archaeology Act 1973 717. The Act amended 20 The amendments in this Division are to the Maritime Archaeology Act 1973*. [* Act No. 66 of 1973.] 718. Section 18 amended (1) Section 18(6) is amended by deleting "make application to a 25 Judge in chambers" and inserting instead -- " apply to the State Administrative Tribunal ". page 312 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Maritime Archaeology Act 1973 Division 79 s. 718 (2) After section 18(6) the following subsections are inserted -- " (6a) The President of the State Administrative Tribunal is to ensure that the Tribunal is constituted by, or includes, a 5 judicial member as defined in the State Administrative Tribunal Act 2003 when dealing with an application under subsection (6). (6b) Subsection (6a) does not apply to -- (a) a directions hearing or other procedural 10 hearing; (b) a compulsory conference; or (c) the appointment of a Tribunal member as a mediator. ". 15 (3) Section 18(7) is amended by deleting "Judge" and inserting instead -- " Tribunal ". (4) Section 18(9) is amended as follows: (a) by deleting "a Judge" and inserting instead -- 20 " the Tribunal "; (b) after "undesirable" by deleting "he" and inserting instead -- " the Tribunal "; (c) after "amount as" by deleting "he" and inserting 25 instead -- " it ". (5) Section 18(10) is amended by deleting "Judge" in both places where it occurs and inserting instead in both places -- " Tribunal ". 30 (6) Section 18(11) is repealed. page 313 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 80 Marketing of Eggs Act 1945 s. 719 Division 80 -- Marketing of Eggs Act 1945 719. The Act amended The amendments in this Division are to the Marketing of Eggs Act 1945*. 5 [* Reprinted as at 22 February 2002.] 720. Section 32 amended Section 32(3) is amended by deleting "local court held nearest to the office of the Board" and inserting instead -- " State Administrative Tribunal ". 10 721. Section 32H amended (1) Section 32H(1) is amended as follows: (a) by deleting "appeal in writing" and inserting instead -- " apply to the State Administrative Tribunal for a review, 15 "; (b) by deleting "to the Minister against" and inserting instead -- " , of "; (c) by deleting the comma at the end of paragraph (b) and 20 inserting instead a full stop; (d) by deleting "and the person shall set out in his appeal the reasons on which the appeal is made.". (2) Section 32H(2) is repealed. page 314 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Marketing of Potatoes Act 1946 Division 81 s. 722 722. Section 32J amended Section 32J(3) is amended by deleting all of the subsection after "subsection (2) may" and inserting instead -- " 5 apply to the State Administrative Tribunal for a review of the decision of the Board. ". Division 81 -- Marketing of Potatoes Act 1946 723. The Act amended 10 The amendments in this Division are to the Marketing of Potatoes Act 1946*. [* Reprinted as at 7 January 2000.] 724. Section 19A replaced Section 19A is repealed and the following section is inserted 15 instead -- " 19A. Review of decision A person aggrieved by a decision made by the Corporation in exercise of a power conferred on the 20 Corporation, may apply to the State Administrative Tribunal for a review of the decision. ". 725. Section 28 amended Section 28(3) is amended by deleting "appeal to the Minister 25 under section 19A." and inserting instead -- " apply under section 19A for a review of the decision. ". page 315 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 82 Medical Act 1894 s. 726 726. Section 31 amended Section 31 is amended as follows: (a) by deleting "a magistrate" and inserting instead -- " the State Administrative Tribunal "; 5 (b) by deleting "the magistrate" and inserting instead -- " the State Administrative Tribunal "; (c) by deleting "summons by". Division 82 -- Medical Act 1894 727. The Act amended 10 The amendments in this Division are to the Medical Act 1894*. [* Reprinted as at 25 February 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 238 and Act No. 9 of 2003.] 15 728. Section 3 amended Section 3(1) is amended by inserting the following definition in the appropriate alphabetical position -- " "professional standards committee" means the 20 professional standards committee appointed under section 8AA; ". 729. Part II heading amended The Part II heading is amended by inserting after "Medical 25 Board" -- " and professional standards committee ". page 316 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Medical Act 1894 Division 82 s. 730 730. Section 6 amended (1) Section 6(1)(d) is amended by deleting "and the conduct of the proceedings in connection with" and inserting instead -- " and handling ". 5 (2) Section 6(2) is amended by deleting "impose and provide for the recovery of fines and penalties from any person or persons subject thereto, and" and inserting instead -- " create an offence and specify a fine of not more than 10 $2 000 by which the offence is punishable and may ". (3) Section 6(3) is repealed. 731. Section 8 amended Section 8(1) is amended by inserting after "court of law" -- 15 " and the State Administrative Tribunal ". 732. Section 8AA inserted After section 8 the following section is inserted -- " 8AA. Professional standards committee 20 (1) The Board is to appoint persons to be members of a committee to be known as the professional standards committee. (2) Each member of the committee is to be a natural person chosen by the Board, and a member of the 25 Board is not precluded from being a member of the committee. (3) The Board is to appoint one of the members of the committee to preside at a meeting of the committee page 317 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 82 Medical Act 1894 s. 733 and, if that person is unable to preside, a member chosen by the members present at the meeting is to preside. (4) The committee is to comply with any direction that the 5 Board gives it about the conduct of its proceedings but otherwise is to determine its own procedures. (5) The committee is to ensure that -- (a) accurate records are made of the proceedings at its meetings, including details of each decision 10 it makes; and (b) those records are retained. ". 733. Section 8A amended Section 8A is amended as follows: 15 (a) by inserting after "done by the Board" -- " or the professional standards committee "; (b) by inserting after "any member of the Board" -- " or the professional standards committee "; 20 (c) by inserting after "subject the Board or any member" -- " of the Board or committee ". 734. Section 9 amended Section 9(3) is repealed. 25 735. Section 10 amended Section 10(6) is amended by deleting "this section" and inserting instead -- " subsection (5) ". page 318 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Medical Act 1894 Division 82 s. 736 736. Sections 12BA to 12H inserted After section 12B the following sections are inserted -- " 12BA. Interim constraint on practice 5 (1) If the Board is of the opinion that an activity of a medical practitioner, not being a body corporate, involves or will involve a risk of imminent injury or harm to the physical or mental health of any person, the Board may, without further inquiry, order that for a 10 period of not more than 30 days specified in the order -- (a) either generally or in relation to particular circumstances or services as specified in the order, the medical practitioner is not to practise 15 medicine; (b) the medical practitioner is not to practise medicine except on any conditions and restrictions specified in the order; (c) the medical practitioner is prohibited from 20 carrying on an activity; or (d) the medical practitioner is subject to any combination of the restrictions that could be imposed under paragraphs (a), (b), or (c). (2) An order under subsection (1) has no effect until it is 25 given personally to the medical practitioner. (3) The order has to -- (a) state the Board's opinion that is the basis for the order; (b) specify the activity that in the Board's opinion 30 involves or will involve the risk and the matters that give or will give rise to the risk; and page 319 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 82 Medical Act 1894 s. 736 (c) advise the medical practitioner against whom the order is made of the right given by subsection (5) to apply to the State Administrative Tribunal for a review of the 5 order. (4) The Board may, by a further order given to the medical practitioner, revoke or vary an order under subsection (1) at any time before making an allegation to the State Administrative Tribunal under 10 section 12BB. (5) The person against whom an order is made under subsection (1) may apply to the State Administrative Tribunal for a review of the order. 12BB. Allegation to be made 15 (1) Within a period of 14 days after the day on which the Board makes an order under section 12BA(1), the Board is required to -- (a) make an allegation to the State Administrative Tribunal of the matter because of which the 20 order was made; or (b) revoke the order under section 12BA(4). (2) Upon an allegation made under subsection (1) the State Administrative Tribunal may -- (a) make any order that it could make if an 25 application had been for a review of the order under section 12BA(1); and (b) make an order under section 13(3a). page 320 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Medical Act 1894 Division 82 s. 736 12BC. Power to make interim constraint additional to other powers The Board may deal under sections 12BA and 12BB with a matter even if -- 5 (a) the Board is already dealing with the matter under another provision of this Act; or (b) a complaint about the matter, or a matter involving substantially the same elements, has been made under the Health Services 10 (Conciliation and Review) Act 1995 or is being treated as a complaint that was made under that Act. 12C. Appointment of investigator (1) The Board may appoint a person to investigate a matter 15 relevant to the performance of the Board's functions under this Act and report to the Board. (2) The Board is to issue to each investigator it appoints a certificate of appointment in an approved form. (3) A certificate purporting to have been issued under this 20 section is evidence in any court of the appointment to which the certificate purports to relate. 12D. Report of investigator (1) An investigator must -- (a) within such period as the Board requires 25 prepare a report on the investigation, and make recommendations as to the manner in which the matter should be dealt with; and (b) immediately after preparing the report, provide the Board with a copy of the report. 30 (2) The investigator must return his or her certificate of appointment at the time the Board is provided with a copy of the report. page 321 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 82 Medical Act 1894 s. 736 12E. Powers of investigator (1) An investigator may for the purposes of an investigation -- (a) enter and inspect the premises of a person 5 named in a warrant issued under section 12G(1), and exercise the powers referred to in section 12G(2)(b) and (c); (b) require a person to produce to the investigator any document or other thing concerning the 10 investigation that is in the possession or under the control of the person; (c) inspect any document or other thing produced to the investigator and retain it for such reasonable period as the investigator thinks fit, 15 and make copies of a document or any of its contents; (d) require a person -- (i) to give the investigator such information as the investigator requires; and 20 (ii) to answer any question put to that person, in relation to the matter the subject of the investigation; and (e) exercise other powers conferred on an 25 investigator by the regulations. (2) A requirement made under subsection (1)(b) -- (a) must be made by notice in writing given to the person required to produce the document or other thing; 30 (b) must specify the time at or within which the document or other thing is to be produced; page 322 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Medical Act 1894 Division 82 s. 736 (c) may, by its terms, require that the document or other thing required be produced at a place and by means specified in the requirement; and (d) where the document required is not in a 5 readable format, must be treated as a requirement to produce -- (i) the document itself; and (ii) the contents of the document in a readable format. 10 (3) A requirement made under subsection (1)(d) -- (a) may be made orally or by notice in writing served on the person required to give information or answer a question, as the case may be; 15 (b) must specify the time at or within which the information is to be given or the question is to be answered, as the case may be; and (c) may, by its terms, require that the information or answer required -- 20 (i) be given orally or in writing; (ii) be given at or sent or delivered to a place specified in the requirement; (iii) in the case of written information or answers be sent or delivered by means 25 specified in the requirement; and (iv) be verified by statutory declaration. (4) If under subsection (1)(d) an investigator requires a person to give information or answer a question, the investigator must inform that person that the person is 30 required under this Act to give the information or answer the question. page 323 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 82 Medical Act 1894 s. 736 (5) An investigator must produce his or her certificate of appointment if requested to do so by a person in respect of whom the investigator has exercised, or is about to exercise, a power under this section. 5 12F. Warrant to enter premises (1) If the Board has determined in a particular case that an investigator has reasonable grounds for believing that entry to premises is necessary for the purpose of substantiating a matter that may involve a threat to the 10 physical or mental health of a person the investigator may apply to a magistrate for a warrant to be issued in respect of those premises. (2) An application for a warrant must -- (a) be in writing; 15 (b) be accompanied by a notice in writing from the Board stating that it has determined in the particular case that the investigator has reasonable grounds for believing that entry to premises is necessary for the purpose of 20 substantiating the matter that may involve a threat to the physical or mental health of a person; (c) set out the grounds for seeking the warrant; and (d) describe the premises that are to be entered. 25 (3) A magistrate to whom an application is made under this section must refuse it if -- (a) the application does not comply with the requirements of this Act; or (b) when required to do so by the magistrate, the 30 investigator does not give to the magistrate more information about the application. page 324 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Medical Act 1894 Division 82 s. 736 (4) The information in an application or given to a magistrate under this section must be verified before the magistrate on oath or affirmation or by affidavit, and the magistrate may for that purpose administer an 5 oath or affirmation or take an affidavit. 12G. Issue of warrant (1) A magistrate to whom an application is made under section 12F may issue a warrant if satisfied that there are reasonable grounds for believing that entry and 10 inspection of the premises are necessary for the purpose referred to in that section. (2) A warrant under subsection (1) authorises the investigator -- (a) to enter and inspect the premises named in the 15 warrant; (b) to require a person on the premises to answer questions or produce documents or other things in the person's possession concerning the investigation; and 20 (c) to inspect documents and other things, and take copies of or extracts from documents, produced in compliance with a requirement made under paragraph (b). (3) There must be stated in a warrant -- 25 (a) the purpose for which the warrant is issued; (b) the name of the person to whom the warrant is issued; and (c) a description of the premises that may be entered. page 325 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 82 Medical Act 1894 s. 737 (4) A magistrate who issues a warrant must cause a record to be made of particulars of the grounds that the magistrate has relied on to justify the issue of the warrant. 5 12H. Execution of warrant (1) If asked by the occupier or a person in charge of the premises to do so, the person executing a warrant must produce it for inspection. (2) A warrant ceases to have effect -- 10 (a) at the end of the period of one month after its issue; (b) if it is withdrawn by the magistrate who issued it; or (c) when it is executed, 15 whichever occurs first. ". 737. Section 13 amended (1) Section 13(1) is amended by deleting "the Board shall hold an inquiry into the matter." and inserting instead -- 20 " the Board may allege to the State Administrative Tribunal that disciplinary action should be taken against the medical practitioner for that reason. ". page 326 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Medical Act 1894 Division 82 s. 737 (2) Section 13(2) is amended by deleting "may without an inquiry order the suspension of the registration of the medical practitioner or the removal of the name of the medical practitioner from the register." and inserting instead -- 5 " may allege to the State Administrative Tribunal that disciplinary action should be taken against the medical practitioner for that reason. ". 10 (3) After section 13(2) the following subsections are inserted -- " (2a) Instead of making an allegation to the State Administrative Tribunal, if the Board is of the opinion that the nature of the matter might not warrant a 15 proceeding before the Tribunal it may send the matter, and any material or report relating to the matter, to the professional standards committee. (2b) Sending a matter to the professional standards committee under subsection (2a) does not prevent the 20 Board from making an allegation about it to the State Administrative Tribunal if the committee advises the Board to do so. ". (4) Section 13(3) is repealed and the following subsections are 25 inserted instead -- " (3) The State Administrative Tribunal may, on dealing with an allegation under subsection (1)(a), (b), (c) or (d) -- 30 (a) order the removal of the name of the medical practitioner from the register; page 327 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 82 Medical Act 1894 s. 737 (b) order that the registration of the medical practitioner be suspended for such period not exceeding 12 months as is specified in the order; 5 (c) impose a fine not exceeding $10 000; (d) reprimand the medical practitioner. (3a) The State Administrative Tribunal may, on dealing with an allegation under subsection (1)(e) -- (a) order the removal of the name of the medical 10 practitioner from the register; (b) order that the registration of the medical practitioner be suspended; or (c) impose restrictions or conditions or both on the practice of medicine by the medical 15 practitioner. (3b) The State Administrative Tribunal may, on dealing with an allegation under subsection (2) -- (a) order the removal of the name of the medical practitioner from the register; or 20 (b) order that the registration of the medical practitioner be suspended. ". (5) Section 13(4) is amended as follows: (a) by deleting "(2) or (3), the Board may, in lieu of 25 imposing a punishment referred to in subsection (2) or (3)(a) or (b) on a medical practitioner" and inserting instead -- " (3) or (3b), the State Administrative Tribunal may, in 30 lieu of making an order under subsection (3)(a) or (b) or (3b) "; page 328 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Medical Act 1894 Division 82 s. 737 (b) by inserting after "written undertaking to" -- " the Board to "; (c) by deleting "as the Board" in both places where it occurs and inserting instead -- 5 " as the Tribunal ". (6) Section 13(5), (6), (6a), (6b), (6c), (6d) and (6e) are repealed and the following subsections are inserted instead -- " (5) If, under subsection (2a), the Board sends a matter to 10 the professional standards committee, the committee may, if -- (a) it has given the medical practitioner the option of having the matter dealt with before the State Administrative Tribunal and the medical 15 practitioner has not chosen that option by notice in writing to the committee; and (b) it has given the medical practitioner an opportunity to make submissions about the matter, 20 make an order described in subsection (6), otherwise it has to advise the Board to make an allegation to the State Administrative Tribunal or to take no further action. (6) The orders that a professional standards committee 25 may make are -- (a) that the Board reprimand the medical practitioner; (b) that the medical practitioner pay to the Board a fine of an amount not exceeding $5 000 30 specified in the order; (c) that the Board impose restrictions or conditions or both on the practice of medicine by the medical practitioner; or page 329 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 82 Medical Act 1894 s. 737 (d) a combination of the orders described in paragraphs (a) to (c). (6a) The Board has to act according to any advice that the professional standards committee gives the Board 5 under subsection (5) and has to give effect to an order that the professional standards committee makes under subsection (6), and a fine that the professional standards committee imposes under subsection (6) is recoverable in a court of competent jurisdiction as a 10 debt due to the Board. ". (7) Section 13(6f) is amended as follows: (a) by deleting "pursuant to subsection (5)"; (b) by deleting "the Board may" and inserting instead -- 15 " the Board may, and where an allegation is made to the State Administrative Tribunal under subsection (1)(e) the Tribunal may, "; 20 (c) by deleting "by the Board" where it first occurs and inserting instead -- " in the direction "; (d) in paragraphs (a) and (b) by deleting in both places where it occurs "appointed by the Board" and inserting 25 instead -- " appointed by the body giving the direction ". (8) Section 13(6g) is repealed. (9) Section 13(6h) is amended by inserting after "Board" in each place where it occurs -- 30 " or the Tribunal ". (10) Section 13(6i) is repealed. page 330 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Medical Act 1894 Division 82 s. 737 (11) Section 13(8) is repealed and the following subsection is inserted instead -- " (8) Any person who is or was registered as a medical 5 practitioner and who is aggrieved by any decision of the Board or the professional standards committee, other than a decision to make or advise the making of an allegation to the State Administrative Tribunal, may apply to the State Administrative Tribunal for a review 10 of the decision. ". (12) Section 13(9)(b) is amended by deleting "and (9b)" and inserting instead -- ", (9b) and (9ba) ". 15 (13) Section 13(9b) is amended by deleting "order that --" and paragraphs (a) and (b) and inserting instead -- " order that the period of suspension be extended for a period of not more than 30 days specified in the order. 20 ". (14) After section 13(9b) the following subsections are inserted -- " (9ba) If the Board makes an order under subsection (9b) (an "interim order") it is required to refer the making of 25 the order to the State Administrative Tribunal, within 14 days after the order is made, and the State Administrative Tribunal may affirm or revoke the interim order or order that -- (a) the period of suspension be extended for such 30 further period not exceeding 12 months, as the Tribunal thinks fit; or page 331 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 82 Medical Act 1894 s. 738 (b) the name of that person be removed from the Register immediately upon the expiration of the period of suspension. (9bb) A person against whom an interim order is made may 5 apply to the State Administrative Tribunal for a review of the interim order. ". (15) Section 13(9d) is amended as follows: (a) by inserting after "The Board" -- 10 " , the professional standards committee, or the State Administrative Tribunal "; (b) by deleting "it commences an inquiry under this section 15 the person the subject of the inquiry" and inserting instead -- " it does so the person concerned ". 20 738. Section 16A amended Section 16A(4)(c) is amended by deleting "has not been convicted or adjudged as mentioned in section 13(1)," and inserting instead -- " 25 is not and has not been the subject of an order under section 13(3), (3a), (3b), or (9b), ". 739. Section 17 amended Section 17(5) is amended by deleting "or inquiry". page 332 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Medical Act 1894 Division 82 s. 740 740. Section 17A inserted After section 17 the following section is inserted -- " 17A. Making false statement to the professional 5 standards committee A person who wilfully makes a false statement to the professional standards committee in relation to a matter being dealt with by the committee under this Act commits an offence. 10 Penalty: Imprisonment for 3 years. ". 741. Section 21CA amended Section 21CA(8) is amended by deleting "within 30 days of that decision appeal to the District Court in accordance with the 15 rules of court." and inserting instead -- " apply to the State Administrative Tribunal for a review of the decision. ". 20 742. Section 21CD amended (1) Section 21CD(1) is amended as follows: (a) by deleting "The Board shall cancel or suspend a certificate of approval given under section 21CA if the Board is satisfied that --" and inserting instead -- 25 " Where it appears to the Board that a certificate of approval given under section 21CA should be cancelled or suspended because -- ". page 333 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 82 Medical Act 1894 s. 743 (b) by deleting the full stop at the end of paragraph (e) and inserting instead a comma; (c) by inserting below paragraph (e) -- " 5 the Board shall refer the matter to the State Administrative Tribunal which may suspend or cancel the certificate of approval. ". (2) Section 21CD(2) is amended by deleting "Board" and inserting 10 instead -- " Tribunal ". (3) Section 21CD(3) is repealed. (4) Section 21CD(4) is amended by deleting "Board" in both places where it occurs and inserting instead -- 15 " Tribunal ". 743. Section 21G amended After section 21G(1) the following subsection is inserted -- " (1a) The Board's annual report is to include details of -- 20 (a) the number, nature, and outcome, of -- (i) investigations and inquiries undertaken by, or at the direction of, the Board; (ii) matters that have been referred to the professional standards committee; and 25 (iii) matters that have been brought before the State Administrative Tribunal by the Board; (b) the number and nature of matters referred to in paragraph (a) that are outstanding; page 334 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Medical Act 1894 Division 82 s. 744 (c) any trends or special problems that may have emerged; (d) forecasts of the workload of the Board in the year after the year to which the report relates; 5 and (e) any proposals for improving the operation of the Board. ". 744. Section 22 amended 10 (1) Section 22(2) is repealed. (2) Section 22(3) is repealed and the following subsection is inserted instead -- " (3) All -- 15 (a) fees paid under this Act or the rules; and (b) fines imposed by the Board or the professional standards committee under this Act or the rules that are paid to or recovered by the Board, shall be credited to the Board. 20 ". page 335 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 82 Medical Act 1894 s. 745 745. Section 22A inserted After section 22 the following section is inserted -- " 22A. Constitution of State Administrative Tribunal 5 under this Act (1) For the purpose of exercising jurisdiction conferred by or under this Act, the State Administrative Tribunal is to be constituted by 4 members being -- (a) one person who is a legally qualified member 10 as defined in section 3(1) of the State Administrative Tribunal Act 2003; (b) 2 persons who are medical practitioners with extensive or special experience as medical practitioners; and 15 (c) one person who is not a medical practitioner but is familiar with the interests of medical practitioners or has knowledge and experience enabling understanding of those interests. (2) Despite subsection (1), if the President is satisfied that 20 it is appropriate to do so in particular circumstances, the President can specify that the Tribunal is to be constituted by 4 members as referred to in subsection (1) and a fifth member who is to be a person of a kind referred to in subsection (1)(a) or (c). 25 (3) The member referred to in subsection (1)(a) is to be the presiding member. ". page 336 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Mental Health Act 1996 Division 83 s. 746 Division 83 -- Mental Health Act 1996 746. The Act amended The amendments in this Division are to the Mental Health Act 1996*. 5 [* Act No. 68 of 1996. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 239 and Act No. 21 of 2003.] 747. Section 3 amended 10 Section 3 is amended as follows: (a) by deleting the definitions of "Board", "Mental Health Review Board", "President" and "Registrar"; (b) by inserting in the appropriate alphabetical positions -- " 15 "executive officer" has the meaning given to that term in section 3(1) of the State Administrative Tribunal Act 2003; "legally qualified member" has the meaning given to that term in section 3(1) of the State 20 Administrative Tribunal Act 2003; "President" means the President of the State Administrative Tribunal; "; (c) in the definition of "legal practitioner" by deleting 25 "practitioner as defined in the Legal Practitioners Act 1893" and inserting instead -- " person admitted and entitled to practice as a barrister and solicitor of the Supreme Court 30 ". page 337 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 83 Mental Health Act 1996 s. 748 748. Section 7 amended Section 7(j) is amended by deleting "Mental Health Review Board" and inserting instead -- " State Administrative Tribunal under this Act ". 5 749. Section 10 amended Section 10 is amended as follows: (a) after paragraph (c) by inserting -- " (ca) to enquire into any complaint made to him or 10 her concerning any matter to do with the administration of this Act; (cb) to enquire into any matter to do with the administration of this Act as directed by the Minister and report to the Minister on the 15 results of the enquiry; "; (b) in paragraph (d) by deleting "Mental Health Review Board" and inserting instead -- " Commissioner ". 20 750. Part 2 Division 5 repealed Part 2 Division 5 is repealed. 751. Section 76 amended Section 76(6) is repealed. page 338 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Mental Health Act 1996 Division 83 s. 752 752. Section 101 amended Section 101(1)(b) is amended by deleting "Mental Health Review Board" and inserting instead -- " State Administrative Tribunal ". 5 753. Section 102 amended (1) Section 102(1) is amended by deleting "Mental Health Review Board" and inserting instead -- " State Administrative Tribunal ". (2) Section 102(2) is amended as follows: 10 (a) by deleting "Board to" and inserting instead -- " State Administrative Tribunal to "; (b) in paragraph (b) by deleting "Board" in each place where it occurs and inserting instead -- " Tribunal ". 15 754. Section 103 amended Section 103 is amended by deleting "Board" and inserting instead -- " State Administrative Tribunal ". 755. Section 106 amended 20 (1) Section 106(1) is amended by deleting "Mental Health Review Board" and inserting instead -- " Chief Psychiatrist ". (2) Section 106(2) is amended as follows: (a) by deleting "Board is" and inserting instead -- 25 " Chief Psychiatrist is "; page 339 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 83 Mental Health Act 1996 s. 756 (b) by deleting "substitute its" and inserting instead -- " substitute a "; (c) by deleting "Board may" and inserting instead -- " Chief Psychiatrist may "; 5 (d) by deleting paragraph (c) and inserting instead -- " (c) apply under section 142(1)(a) to the State Administrative Tribunal for review of whether the involuntary patient should continue to be an 10 involuntary patient. ". 756. Section 112 amended (1) Section 112(2)(b) is repealed and the following paragraph is inserted instead -- 15 " (b) apply for review under section 142(1)(a), (b), (c), (d) or (e), as the Chief Psychiatrist thinks fit. ". 20 (2) Section 112(3) is repealed. 757. Section 115 amended Section 115(b) is amended by deleting "Mental Health Review Board" and inserting instead -- " Chief Psychiatrist ". 25 758. Section 120 amended Section 120(d) is amended by deleting "Mental Health Review Board" and inserting instead -- " Chief Psychiatrist ". page 340 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Mental Health Act 1996 Division 83 s. 759 759. Section 124 amended Section 124 is amended by deleting "Mental Health Review Board" and inserting instead -- " Chief Psychiatrist ". 5 760. Heading to Part 6 amended The heading to Part 6 is amended by deleting "Mental Health Review Board" and inserting instead -- " State Administrative Tribunal ". 761. Heading to Part 6 Division 1 amended 10 The heading to Part 6 Division 1 is amended by deleting "Establishment and Administration" and inserting instead -- " Constitution and proceedings ". 762. Part 6 Division 1 Subdivision 1 repealed Part 6 Division 1 Subdivision 1 is repealed. 15 763. Heading to Part 6 Division 1 Subdivision 2 repealed The heading to Part 6 Division 1 Subdivision 2 is repealed. 764. Section 129 amended (1) Section 129(1) is amended as follows: (a) by deleting "Board" and inserting instead -- 20 " State Administrative Tribunal "; (b) after "any matter" by inserting -- " arising under this Act ". (2) Section 129(2) is amended as follows: (a) after "particular matter" by inserting -- 25 " arising under this Act "; page 341 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 83 Mental Health Act 1996 s. 765 (b) by deleting "Board is" and inserting instead -- " State Administrative Tribunal is "; (c) by deleting "Board specified" and inserting instead -- " State Administrative Tribunal specified ". 5 (3) Section 129(3) and (4) are repealed. (4) Section 129(5) is amended by deleting "legal practitioner" in both places where it occurs and inserting instead in both places -- " legally qualified member ". 10 765. Section 130 amended (1) Section 130(1) is amended by deleting "Board" and inserting instead -- " State Administrative Tribunal ". (2) Section 130(2) is amended as follows: 15 (a) by deleting "Board is" and inserting instead -- " State Administrative Tribunal is "; (b) by deleting "Board specified" and inserting instead -- " State Administrative Tribunal specified ". (3) Section 130(3) is repealed. 20 (4) Section 130(4) is repealed and the following subsection is inserted instead -- " (4) The members specified under subsection (2) are to include -- 25 (a) a person who is a legally qualified member; (b) a person who has experience and qualifications in neurosurgery and who was appointed to the State Administrative Tribunal after consultation by the Minister administering the State page 342 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Mental Health Act 1996 Division 83 s. 766 Administrative Tribunal Act 2003 with the Minister administering the Health Act 1911 after that Minister has consulted with the Royal Australasian College of Surgeons; 5 (c) 2 persons who are psychiatrists; and (d) a person who is neither a legally qualified member nor a medical practitioner. ". 766. Section 131 repealed 10 Section 131 is repealed. 767. Heading to Part 6 Division 1 Subdivision 3 repealed The heading to Part 6 Division 1 Subdivision 3 is repealed. 768. Sections 132, 133 and 134 repealed Sections 132, 133 and 134 are repealed. 15 769. Section 135 amended Section 135 is amended by deleting "Board" and inserting instead -- " State Administrative Tribunal ". 770. Section 136 repealed 20 Section 136 is repealed. 771. Section 137 amended Section 137 is amended as follows: (a) after "review" by inserting -- " commenced under this Division "; 25 (b) by deleting "Board" and inserting instead -- " State Administrative Tribunal ". page 343 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 83 Mental Health Act 1996 s. 772 772. Section 138 amended (1) Section 138(1) is amended by deleting "Board is" and inserting instead -- " 5 psychiatrist who made the order is to apply to the State Administrative Tribunal ". (2) Section 138(2) is amended by deleting "review is" and inserting instead -- 10 " psychiatrist is to ensure that the application is made in sufficient time for the review ". (3) After section 138(2) the following subsection is inserted -- 15 " (2a) The State Administrative Tribunal is to ensure that a review under an application under this section is carried out as soon as is practicable after the initial order is made, and in any event not later than 8 weeks 20 after that time. ". 773. Section 139 amended (1) Section 139(1) is amended as follows: (a) by deleting "Not later than 6 months after" and inserting 25 instead -- " After "; (b) by deleting "Board is " and inserting instead -- " the treating psychiatrist is to apply to the State 30 Administrative Tribunal ". page 344 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Mental Health Act 1996 Division 83 s. 774 (2) After section 139(1) the following subsections are inserted -- " (1a) The treating psychiatrist is to ensure that the application is made in sufficient time for the further 5 review to be carried out not later than 6 months after the review in respect of that person has been carried out under section 138 or this section. (1b) The State Administrative Tribunal is to ensure that a review of a person under an application under this 10 section is carried out not later than 6 months after the last review of that person has been carried out under section 138 or this section. ". 774. Section 141 amended 15 (1) Section 141(1) is amended as follows: (a) by deleting "Board is required by" and inserting instead -- " State Administrative Tribunal should under "; (b) before "carry" by deleting "to"; 20 (c) by deleting "Board " in the remaining 2 places where it occurs and inserting instead -- " Tribunal "; (d) by deleting "is required by that section to" and inserting instead -- 25 " should "; (e) after "carried out" by inserting -- " under that section ". page 345 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 83 Mental Health Act 1996 s. 775 775. Section 142 amended (1) Section 142(1) is amended by deleting "Board" and inserting instead -- " State Administrative Tribunal ". 5 (2) Section 142(2) is amended as follows: (a) by inserting after "may be made" -- " under section 106 or 112 or "; (b) by deleting "Board" and inserting instead -- " State Administrative Tribunal ". 10 (3) Section 142(3) is amended by deleting "Board" and inserting instead -- " State Administrative Tribunal ". 776. Section 143 amended Section 143 is amended as follows: 15 (a) by deleting "or the Board carries out a review of its own motion the Board" and inserting instead -- " the Tribunal "; (b) by deleting ", or the review concluded". 777. Section 144 repealed 20 Section 144 is repealed. 778. Section 145 amended (1) Section 145(1) is amended as follows: (a) by deleting ", the Board" and inserting instead -- " 25 and the State Administrative Tribunal Act 2003, the State Administrative Tribunal "; page 346 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Mental Health Act 1996 Division 83 s. 779 (b) after "before it" by inserting -- " under this Act ". (2) Section 145(2) is amended by deleting "Board" and inserting instead -- 5 " State Administrative Tribunal ". 779. Section 146 replaced Section 146 is repealed and the following section is inserted instead -- " 10 146. Complaints (1) Any person may make a complaint to the Director of the Office of Health Review under the Health Services (Conciliation and Review) Act 1995 alleging failure to 15 recognise the rights given by this Act to an involuntary patient. (2) The complaint is to be dealt with under the Health Services (Conciliation and Review) Act 1995 as if it were a complaint alleging a matter referred to in 20 section 25 of that Act. ". 780. Sections 147 and 148 repealed Sections 147 and 148 are repealed. 781. Heading to Part 6 Division 3 amended 25 The heading to Part 6 Division 3 is amended by deleting ", or case stated by, Board" and inserting instead -- " State Administrative Tribunal ". page 347 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 83 Mental Health Act 1996 s. 782 782. Section 149 amended (1) Section 149(1) is repealed. (2) Section 149(2) is amended as follows: (a) by deleting "other"; 5 (b) after "interest in" by deleting "the"; (c) after "matter" by inserting -- " in respect of which the State Administrative Tribunal has made a decision or order 10 ". (3) Section 149(3) is repealed. 783. Section 150 amended Section 150 is amended as follows: (a) by deleting "the appeal is made are to be clearly stated, 15 and may be" and inserting instead -- " an appeal may be made against a decision of the State Administrative Tribunal in the exercise of its jurisdiction under this Act are 20 "; (b) in paragraph (a) by deleting "Board" and inserting instead -- " State Administrative Tribunal ". 784. Section 151 amended 25 Section 151 is amended as follows: (a) after "An" by inserting -- " application for leave to "; page 348 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Mental Health Act 1996 Division 83 s. 785 (b) before "within" by deleting "brought" and inserting instead -- " made "; (c) by deleting "Board" and inserting instead -- 5 " State Administrative Tribunal "; (d) by deleting "appeal or". 785. Section 152 amended Section 152 is amended by deleting "Board" and inserting instead -- 10 " State Administrative Tribunal ". 786. Section 153 amended Section 153 is amended as follows: (a) by deleting "Board," and inserting instead -- " State Administrative Tribunal, "; 15 (b) by deleting "Board or" and inserting instead -- " Tribunal or ". 787. Sections 154 and 155 repealed Sections 154 and 155 are repealed. 788. Section 170 amended 20 (1) Section 170(2) is amended by deleting "Mental Health Review Board" and inserting instead -- " State Administrative Tribunal ". (2) Section 170(3) is amended by deleting "Board" and inserting instead -- 25 " State Administrative Tribunal ". (3) Section 170(4) is repealed. page 349 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 83 Mental Health Act 1996 s. 789 789. Section 171 amended Section 171 is amended as follows: (a) by deleting "Board" in each place where it occurs and inserting instead -- 5 " State Administrative Tribunal "; (b) after "next review" by inserting -- " under this Act ". 790. Section 203 amended (1) Section 203(1) is amended by deleting "Mental Health Review 10 Board" and inserting instead -- " State Administrative Tribunal ". (2) Section 203(2) is amended by deleting "Board" and inserting instead -- " State Administrative Tribunal ". 15 (3) Section 203(3) is repealed. (4) Section 203(4) is amended as follows: (a) by deleting "Registrar" and inserting instead -- " executive officer "; (b) by deleting "Board" and inserting instead -- 20 " State Administrative Tribunal ". page 350 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Mental Health Act 1996 Division 83 s. 791 791. Section 213 amended Section 213(2) is amended by deleting " of -- (a) the Council of Official Visitors; or 5 (b) the Board, for an act done by the Council or the Board " and inserting instead -- " of the Council of Official Visitors for an act done by 10 the Council ". 792. Section 215 amended Section 215(1)(a) and (b) are amended by deleting "the Board and". 15 793. Schedule 1 repealed Schedule 1 is repealed. 794. Schedule 2 amended (1) The amendments in this section are to Schedule 2. (2) The heading is amended by deleting "BOARD" and inserting 20 instead -- " STATE ADMINISTRATIVE TRIBUNAL ". (3) The reference is amended by deleting "[Sections 133, 135, 136] and inserting instead -- " [s. 135] ". 25 (4) Clauses 1 and 2 are repealed. page 351 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 83 Mental Health Act 1996 s. 794 (5) Clause 3(1) is repealed and the following subclause is inserted instead -- " (1) A party to proceedings before the State Administrative 5 Tribunal commenced under this Act may appear personally unless the Tribunal, being of the opinion that the personal appearance of a person would be detrimental to the health of the person, orders that the person be represented. ". 10 (6) Clause 3(2)is amended as follows: (a) after "The" by deleting "Board" and inserting instead -- " State Administrative Tribunal "; (b) after "the" by deleting "Board" and inserting instead -- " Tribunal ". 15 (7) Clause 3(3), and its penalty, and clauses 4, 5, 6, 7, 8, 9, 10 and 11 are repealed. (8) Clause 12(1) and (2) are amended by deleting "the Board" in each place where it occurs and inserting instead -- "the State Administrative Tribunal ". 20 (9) Clause 13(1) is amended as follows: (a) in paragraphs (a) and (d) by deleting "Board" and inserting instead -- " State Administrative Tribunal commenced under 25 this Act "; (b) in paragraphs (b) and (c) by deleting "Board" and inserting instead -- " 30 State Administrative Tribunal in proceedings commenced under this Act ". page 352 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Metropolitan Region Town Planning Scheme Act 1959 Division 84 s. 795 (10) Clause 13(2) is amended as follows: (a) after "the" by deleting "Board" and inserting instead -- " State Administrative Tribunal "; (b) by deleting "to be dealt with by the Board" and inserting 5 instead -- " commenced under this Act to be dealt with by the Tribunal ". (11) Clause 13(4) is amended as follows: 10 (a) before "may" by deleting "Board" and inserting instead -- " State Administrative Tribunal "; (b) by deleting "Board." and inserting instead -- " Tribunal. ". 15 (12) Clause 13(5) is amended as follows: (a) by deleting "or an order made under subclause (4)"; (b) by deleting "$2 000 or imprisonment for 6 months" and inserting instead -- " $5 000 ". 20 (13) Clauses 14, 15 and 16 are repealed. Division 84 -- Metropolitan Region Town Planning Scheme Act 1959 795. The Act amended The amendments in this Division are to the Metropolitan Region 25 Town Planning Scheme Act 1959*. [* Reprinted as at 7 September 2001. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 244-5 and Act No. 24 of 2002.] page 353 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 84 Metropolitan Region Town Planning Scheme Act 1959 s. 796 796. Section 32A amended Section 32A(2) is amended as follows: (a) by deleting "an appeal" and inserting instead -- " an application "; 5 (b) by deleting "Town Planning Appeal Tribunal" and inserting instead -- " State Administrative Tribunal ". 797. Section 35F amended (1) Section 35F(1) is amended as follows: 10 (a) by deleting "appeal against that approval or refusal under" and inserting instead -- " apply to the State Administrative Tribunal for a review, in accordance with 15 "; (b) after "Act" by inserting -- " , of that approval or refusal ". (2) Section 35F(2) is amended as follows: (a) by deleting "appeal" and inserting instead -- 20 " application "; (b) after "subsection (1)" by inserting -- " for a review "; (c) by deleting "section 56" and inserting instead -- " section 61 "; 25 (d) by deleting "thereto" and inserting instead -- " to the application referred ". page 354 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Metropolitan Region Town Planning Scheme Act 1959 Division 84 s. 798 798. Section 36 amended Section 36(2b)(b) is deleted and the following paragraph inserted instead -- " 5 (b) by the State Administrative Tribunal on the owner of the land applying to it for a determination of that value; ". 799. Section 43 amended 10 (1) Section 43(3) is amended as follows: (a) by deleting "this section may appeal under" and inserting instead -- " subsection (1) or (2) may apply to the State 15 Administrative Tribunal for a review in accordance with "; (b) by deleting "against" and inserting instead -- " of ". 20 (2) Section 43(3a) is amended as follows: (a) by deleting "If the Town Planning Appeal Tribunal" and inserting instead -- " If the State Administrative Tribunal "; (b) by deleting "Town Planning Appeal Tribunal may" and 25 inserting instead -- " it may ". (3) Section 43(4) is repealed. page 355 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 85 Metropolitan Water Authority Act 1982 s. 800 (4) Section 43(5) is amended as follows: (a) by deleting paragraph (a)(ii) and inserting instead -- " (ii) apply under subsection (3) for a review 5 of any of the directions; "; (b) by deleting paragraph (b) and inserting instead -- " (b) on an application by an owner of any land for a 10 review of a direction specified in a notice served on the owner under subsection (1), the direction is confirmed or varied and the owner fails to carry out the direction as confirmed or varied within the time specified by the State Administrative Tribunal in 15 the notice given under subsection (3a), ". Division 85 -- Metropolitan Water Authority Act 1982 800. The Act amended The amendments in this Division are to the Metropolitan Water 20 Authority Act 1982*. [* Reprinted as at 21 January 2000.] 801. Section 4 amended Section 4(2) is amended by deleting the definition of "Land Valuation Tribunal". 25 802. Heading to Part IV amended The heading to Part IV is amended by deleting "appeals" and inserting instead -- " review ". page 356 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Metropolitan Water Authority Act 1982 Division 85 s. 803 803. Section 43 amended (1) Section 43(1) is amended by deleting "appeal" and inserting instead -- " review ". 5 (2) Section 43(2a) is amended by deleting "appeal to the Land Valuation Tribunal against the decision on that objection" and inserting instead -- " reference of the decision on that objection to the State 10 Administrative Tribunal for a review ". (3) Section 43(9) is amended by deleting "an appeal against the decision may be made" and inserting instead -- " a review of the decision may be sought ". 15 (4) Section 43(10) is amended by deleting "treat the objection as an appeal against the relevant assessment" and inserting instead -- " refer the relevant assessment to the State Administrative Tribunal for a review 20 ". (5) Section 43(11) is amended by deleting "objection to a Land Valuation Tribunal under the Land Valuation Tribunals Act 1978" and inserting instead -- " 25 relevant assessment to the State Administrative Tribunal for a review ". (6) After section 43(11) the following subsection is inserted -- " 30 (11a) The Corporation is to effect the reference by forwarding the notice to the executive officer of the page 357 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 85 Metropolitan Water Authority Act 1982 s. 803 State Administrative Tribunal together with the objection and a copy certified by or on behalf of the Corporation of -- (a) the relevant assessment; and 5 (b) the reasons, if any, for the assessment. ". (7) Section 43(12) is amended by deleting "treat an objection as an appeal, may serve on the Corporation a notice requiring the Corporation to refer the decision to a Land Valuation Tribunal 10 under the Land Valuation Tribunals Act 1978 as an appeal" and inserting instead -- " refer the relevant assessment to the State Administrative Tribunal for a review, may serve on the 15 Corporation a notice requiring the Corporation to refer the decision to refuse to extend time to the State Administrative Tribunal for a review ". (8) Section 43(13) is amended by deleting "to a Land Valuation 20 Tribunal as an appeal" and inserting instead -- " the State Administrative Tribunal for a review ". (9) After section 43(13) the following subsection is inserted -- " (13a) The Corporation is to effect the reference by 25 forwarding the notice to the executive officer of the State Administrative Tribunal together with the objection and a copy certified by or on behalf of the Corporation of -- (a) the decision to refuse to extend the time; and 30 (b) the reasons, if any, for the decision. ". page 358 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Metropolitan Water Authority Act 1982 Division 85 s. 804 (10) Section 43(14) is amended as follows: (a) by deleting "or an appeal"; (b) by deleting "or appeal". (11) Section 43(15) is amended by deleting "or an appeal" and 5 inserting instead -- " or in consequence of a review by the State Administrative Tribunal, ". 10 (12) Section 43(16) is amended as follows: (a) by deleting ", in consequence of the allowance, wholly or in part, of an objection or an appeal, whether in respect of an assessment in relation to any land or in respect of the use of land for residential purposes,"; 15 (b) after "necessary" by inserting -- " under subsection (15) ". 804. Sections 44 and 45 inserted After section 43 the following sections are inserted -- " 20 44. New matters raised on review (1) Upon a review by the State Administrative Tribunal on a reference under section 43(11) or (13), the State Administrative Tribunal may consider -- (a) grounds in addition to those stated in the notice 25 of objection; and (b) reasons in addition to any reasons previously given for the Corporation's decision that is under review. (2) The State Administrative Tribunal is to ensure, by 30 adjournment or otherwise, that each party and any other person entitled to be heard has a reasonable page 359 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 86 Metropolitan Water Supply, Sewerage, and Drainage Act 1909 s. 805 opportunity of properly considering and responding to any new ground or reason that the State Administrative Tribunal proposes to consider in accordance with subsection (1). 5 45. Written reasons for certain determinations to be given and published (1) If the State Administrative Tribunal considers that an order it makes determining a matter coming before it on a reference under section 43(11) or (13) is of 10 general interest or significance, it is to prepare written reasons for its order and give a copy of the reasons to each party and publish the written reasons. (2) This section is in addition to the provisions of the State Administrative Tribunal Act 2003. 15 ". Division 86 -- Metropolitan Water Supply, Sewerage, and Drainage Act 1909 805. The Act amended The amendments in this Division are to the Metropolitan Water 20 Supply, Sewerage, and Drainage Act 1909*. [* Reprinted as at 29 January 1999.] 806. Section 57D amended (1) Section 57D(1) is amended by deleting "appeal to a Local Court established under the Local Courts Act 1904 held at any place 25 within the Area against" and inserting instead -- " apply to the State Administrative Tribunal for a review of ". (2) Section 57D(2), (3), (4) and (5) are repealed. page 360 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Midland Redevelopment Act 1999 Division 87 s. 807 807. Section 57G amended Section 57G(7) is amended by deleting "appeal against the decision, and the provisions of section 57D shall, with such modifications as circumstances require, apply to an in relation 5 to, the appeal" and inserting instead -- " apply to the State Administrative Tribunal for a review of the decision ". 10 808. Section 152 amended Section 152(2) is amended by deleting all of the subsection after "equitable basis" and inserting instead a full stop. Division 87 -- Midland Redevelopment Act 1999 809. The Act amended 15 The amendments in this Division are to the Midland Redevelopment Act 1999*. [* Act No. 38 of 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 249 and 20 Act No. 24 of 2002.] 810. Section 52 amended (1) Section 52(1) is amended as follows: (a) by deleting "appeal" and inserting instead -- " 25 apply to the State Administrative Tribunal for a review "; (b) by deleting "from" and inserting instead -- " of ". (2) Section 52(2) is repealed. page 361 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 87 Midland Redevelopment Act 1999 s. 811 811. Section 54 amended (1) Section 54(2) is amended by deleting "appeal under Part V of the Town Planning Act against" and inserting instead -- " 5 apply to the State Administrative Tribunal for a review, in accordance with Part V of the Town Planning Act, of the decision to give ". (2) Section 54(3) is amended by deleting "appeal" and inserting 10 instead -- " application ". (3) Section 54(4) is amended as follows: (a) by deleting "Town Planning Appeal Tribunal" in the first place where it occurs and inserting instead -- 15 " State Administrative Tribunal "; (b) by deleting "the Town Planning Appeal Tribunal" in the second place where it occurs and inserting instead -- " it ". (4) Section 54(6) is amended as follows: 20 (a) by deleting "in any court of competent jurisdiction"; (b) by deleting "it in so doing" and inserting instead -- " the Authority in so doing as a debt in a court of competent jurisdiction 25 ". page 362 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Motor Vehicle Dealers Act 1973 Division 88 s. 812 Division 88 -- Motor Vehicle Dealers Act 1973 812. The Act amended The amendments in this Division are to the Motor Vehicle Dealers Act 1973*. 5 [* Reprinted as at 14 November 1996.] 813. Section 6 amended (1) Section 6(1) is amended as follows: (a) by deleting "any of the provisions of sections 19 to 23A, 24 and 25," and inserting instead -- 10 " section 25 "; (b) by deleting "those sections apply" and inserting instead -- " that section applies "; (c) by deleting "those sections made" and inserting 15 instead -- " that section made ". (2) Section 6(2) is repealed. 814. Sections 13A to 13D inserted After section 13 the following sections are inserted -- 20 " 13A. Powers of investigation (1) The Board may make any inquiry that the Board considers necessary or expedient for the purposes of -- (a) determining any application or any other matter 25 before the Board; (b) determining whether or not a licensed or registered person is or has been complying with the requirements of this Act; page 363 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 88 Motor Vehicle Dealers Act 1973 s. 814 (c) determining whether any other cause exists that might be considered by the Board a proper cause for disciplinary action; (d) detecting offences against this Act. 5 (2) The Board may designate a person who is made available for performing functions under this Act to be an investigator to carry out an inquiry and report to the Board under this section. (3) The investigator may -- 10 (a) require any person -- (i) to give the investigator such information as the investigator requires; and (ii) to answer any question put to the person, 15 in relation to any matter the subject of such inquiry; (b) require any person to produce any document to the investigator; (c) enter at all reasonable times and search any 20 premises and inspect any documents that the investigator finds on the premises; and (d) make a copy or abstract of any document produced or inspected under this section, or of any entry made in the document. 25 (4) A requirement made under subsection (3)(a) -- (a) may be made orally or by notice in writing served on the person required to give information or answer a question, as the case may be; 30 (b) shall specify the time at or within which the information is to be given or the question is to be answered, as the case may be; and page 364 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Motor Vehicle Dealers Act 1973 Division 88 s. 814 (c) may, by its terms, require that the information or answer required -- (i) be given orally or in writing; (ii) be given at or sent or delivered to any 5 place specified in the requirement; (iii) in the case of written information or answers, be sent or delivered by any means specified in the requirement; and (iv) be given on oath or affirmation or by 10 statutory declaration for which purpose the investigator may administer an oath or affirmation and have the authority of a commissioner for declarations. (5) A requirement made under subsection (3)(b) -- 15 (a) shall be made by notice in writing served on the person required to produce a document; (b) shall specify the time at or within which the document is to be produced; and (c) may, by its terms, require that the document be 20 produced -- (i) at any place specified in the requirement; and (ii) by any means specified in the requirement. 25 (6) Where under subsection (3)(a) an investigator orally requires a person to give any information or answer any question, the investigator shall inform that person that he is required under this Act to give the information or answer the question, as the case may be. 30 (7) Where under subsection (3)(a) or (b) a person is required by notice in writing to give any information, answer any question, or produce any document, the notice shall state that he is required under this Act to page 365 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 88 Motor Vehicle Dealers Act 1973 s. 814 give the information, answer the question, or produce the document, as the case may be. (8) Before entering any premises under this section the investigator -- 5 (a) shall obtain a warrant to do so from a magistrate or Justice of the Peace which warrant the magistrate or Justice of the Peace is authorised to issue upon being satisfied that the entry is sought in good faith for the purpose of 10 carrying out an inquiry under this section; and (b) shall display to the person, if any, giving the investigator entry, a document executed by the Board and certifying that the person is designated as an investigator by the Board. 15 13B. Incriminating information, questions, or documents Without prejudice to the provisions of section 11 of the Evidence Act 1906, where under section 13A a person is required to -- (a) give any information; 20 (b) answer any question; or (c) produce any document, he shall not refuse to comply with that requirement on the ground that the information, answer, or document may tend to incriminate the person or render the person 25 liable to any penalty, but the information or answer given, or document produced, by the person shall not be admissible in evidence in any proceedings against the person other than proceedings in respect of an offence against section 13C(1)(b). page 366 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Motor Vehicle Dealers Act 1973 Division 88 s. 814 13C. Failure to comply with investigation (1) Where under section 13A a person is required to give any information, answer any question, or produce any document and that person, without reasonable excuse 5 (proof of which shall lie on him) -- (a) fails to give that information or answer that question at or within the time specified in the requirement; (b) gives any information or answer that is false in 10 any particular; or (c) fails to produce that document at or within the time specified in the requirement, the person commits an offence. Penalty: $2 000. 15 (2) It is a defence in any proceeding for an offence under subsection (1)(a) or (c) for the defendant to show -- (a) that, in the case of an alleged offence arising out of a requirement made orally under section 13A, the investigator did not, when 20 making the requirement, inform the defendant that he was required under this Act to give the information or answer the question, as the case may be; (b) that, in the case of an alleged offence arising 25 out of a requirement made by notice in writing under section 13A, the notice did not state that he was required under this Act to give the information, answer the question, or produce the document, as the case may be; 30 (c) that the time specified in the requirement did not afford the defendant sufficient notice to enable him to comply with the requirement; or page 367 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 88 Motor Vehicle Dealers Act 1973 s. 815 (d) that, in any case, the investigator did not, before making the requirement, have reasonable grounds to believe that compliance with the requirement would materially assist in the 5 inquiry being carried out. 13D. Obstruction of investigator A person shall not prevent or attempt to prevent an investigator from entering premises or otherwise obstruct or impede an investigator in the exercise of his 10 powers under section 13A. Penalty: $2 000. ". 815. Section 14 repealed Section 14 is repealed. 15 816. Section 18 amended (1) Section 18(1) is amended as follows: (a) by inserting after "authorisation, if " -- " , in the opinion of the Board, "; (b) by deleting "order" and inserting instead -- 20 " allegation ". (2) Section 18(1a) is amended by deleting paragraph (a) and "and" after it. (3) Section 18(1b) is repealed. 817. Section 18A amended 25 Section 18A(6) is repealed. page 368 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Motor Vehicle Dealers Act 1973 Division 88 s. 818 818. Section 19A amended (1) After section 19A(2) the following subsection is inserted -- " (3) Despite the surrender by a person of an authorisation, 5 this Act applies, for the purpose of enabling the person to be investigated or otherwise dealt with for a matter arising before the surrender, as if the authorisation had not been surrendered. ". 10 819. Section 20 amended (1) Section 20(1) is amended as follows: (a) by deleting "make one or more of the orders authorised by section 20A in respect of a person if the person has been found by the Board" and inserting instead -- 15 " allege to the State Administrative Tribunal that a person "; (b) in paragraph (a) by deleting "to have" and inserting 20 instead -- " has "; (c) in paragraph (b) -- (i) by deleting "to have" and inserting instead -- " has "; 25 (ii) by deleting "where in the opinion of the Board the act, omission or conduct" and inserting instead -- " that ". page 369 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 88 Motor Vehicle Dealers Act 1973 s. 819 (2) Section 20(2) is amended as follows: (a) by deleting "make an order disqualifying" and inserting instead -- " 5 by notice in writing to the person concerned disqualify "; (b) by deleting "the person or persons has or have been found by the Board" and inserting instead -- " 10 , in the opinion of the Board, the person or persons has or have "; (c) in paragraph (c) by deleting "not to have sufficient" and inserting instead -- 15 " insufficient "; (d) in paragraph (d) by deleting "to have". (3) Section 20(3) is amended by deleting "make an order revoking" and inserting instead -- " 20 , by notice in writing to the holder of the authorisation, revoke ". (4) Section 20(4) is amended by deleting "make an order under this section of its own motion" and inserting instead -- 25 " give a notice under this section of its own initiative ". (5) Section 20(5) is amended as follows: (a) by deleting "make an order" and inserting instead -- " give a notice "; (b) by deleting paragraph (a) and "and" after it; page 370 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Motor Vehicle Dealers Act 1973 Division 88 s. 820 (c) in paragraph (b) by deleting "order should not be made" and inserting instead -- " notice should not be given ". 820. Section 20A amended 5 (1) Section 20A(1) is repealed and the following subsection is inserted instead -- " (1) In a proceeding commenced by an allegation under section 20(1) the State Administrative Tribunal may, if 10 the matter alleged is established, make any order provided for by this section. ". (2) Section 20A(4) is amended by deleting "to the Board". (3) Section 20A(7)(b) is amended by deleting "Board" and inserting 15 instead -- " State Administrative Tribunal ". 821. Section 20C replaced Section 20C is repealed and the following section is inserted instead -- 20 " 20C. Suspension of licence by State Administrative Tribunal (1) Where the State Administrative Tribunal makes an order against the holder of an authorisation and payment is 25 not made in accordance with the order or the order is otherwise not complied with or is breached, the State Administrative Tribunal may suspend the authorisation until the payment is made, or for such period or upon such event occurring as the State Administrative 30 Tribunal thinks fit. page 371 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 88 Motor Vehicle Dealers Act 1973 s. 822 (2) The power conferred on the State Administrative Tribunal by subsection (1) is in addition to, and does not derogate from, the powers conferred on it by the State Administrative Tribunal Act 2003. 5 ". 822. Section 20D amended Section 20D(1) is repealed. 823. Section 22 replaced Section 22 is repealed and the following section is inserted 10 instead -- " 22. Application for review (1) Any person aggrieved by a reviewable decision may apply to the State Administrative Tribunal for a review 15 of the decision. (2) In subsection (1) -- "person aggrieved" means -- (a) a person who applies for the grant, or renewal of an authorisation; 20 (b) a person who applies for -- (i) the authorisation of premises under section 20E or 21A; (ii) the grant of an approval under section 20F or 21B; or 25 (iii) the grant of a temporary permit under section 20H; or (c) a person whose authorisation or temporary permit under section 20H is affected by a 30 reviewable decision; page 372 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Motor Vehicle Dealers Act 1973 Division 88 s. 824 "reviewable decision" means a decision of the Board -- (a) refusing an application for -- (i) an authorisation; or 5 (ii) the renewal of an authorisation; (b) refusing -- (i) to authorise premises under section 20E or 21A; (ii) to grant an approval under section 20F 10 or 21B; or (iii) to grant a temporary permit under section 20H; (c) in exercise of its powers under section 20(2) or (3); 15 (d) in exercise of its powers in relation to conditions and restrictions under section 18A or 20H; (e) revoking a temporary permit under section 20H(4); or 20 (f) refusing to approve of a change submitted to it under section 23. ". 824. Section 22A amended Section 22A(1) is amended as follows: 25 (a) by deleting "the Board's order," and inserting instead -- " that decision, "; (b) by deleting "Local Court" and inserting instead -- " State Administrative Tribunal ". 825. Section 32O amended 30 Section 32O(4), (5) and (6) are repealed. page 373 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 88 Motor Vehicle Dealers Act 1973 s. 826 826. Section 37B amended Section 37B(2) is amended by deleting all of the subsection after "section 37 may" and inserting instead -- " 5 apply to the State Administrative Tribunal for a review of the determination or order. ". 827. Section 38 amended Section 38(2) is amended as follows: 10 (a) by deleting "an appeal made pursuant to subsection (2) of section 37B and"; (b) in paragraph (b) by deleting "and section 37B" and "or appeal". 828. Section 51 amended 15 After section 51(1) the following subsection is inserted -- " (1a) The annual report is to include details of -- (a) the number, nature, and outcome, of -- (i) investigations and inquiries undertaken 20 by, or at the direction of, the Board; and (ii) matters that have been brought before the State Administrative Tribunal by the Board; (b) the number and nature of matters referred to in 25 paragraph (a) that are outstanding; (c) any trends or special problems that may have emerged; (d) forecasts of the workload of the Board in the year after the year to which the report relates; 30 and (e) any proposals for improving the performance of the Board's functions. ". page 374 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Motor Vehicle Drivers Instructors Act 1963 Division 89 s. 829 829. Various references to "District Court" amended The Act is amended by deleting "District Court" in each place specified in the Table to this section and inserting instead -- " State Administrative Tribunal ". 5 Table s. 32K(1) (3 places) s. 32K(2)(a) and (b) s. 32K(4) s. 32L(1) (3 places) s. 32L(2) s. 32L(3) (both places) s. 32M(1) and (2) s. 32N(1) (both places) s. 32N(3) and (4) Division 89 -- Motor Vehicle Drivers Instructors Act 1963 830. The Act amended The amendments in this Division are to the Motor Vehicle Drivers Instructors Act 1963*. 10 [* Reprinted 8 February 2002.] 831. Section 10 amended (1) Section 10(2)(a) is amended by deleting "in the prescribed manner appeal to a Court of Petty Sessions against" and inserting instead -- 15 " apply to the State Administrative Tribunal for a review of ". (2) Section 10(2)(b) is deleted. 20 (3) Section 10(3), (4) and (5) are repealed. page 375 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 90 Nurses Act 1992 s. 832 Division 90 -- Nurses Act 1992 832. The Act amended The amendments in this Division are to the Nurses Act 1992*. [* Reprinted as at 18 May 1994.] 5 For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 268 and Act No. 9 of 2003.] 833. Section 4 amended Section 4 is amended by deleting the definition of "formal 10 inquiry". 834. Section 20 amended After section 20(6) the following subsection is inserted -- " (7) The annual report of the professional standards 15 committee and the registration review committee is to include details of -- (a) the number, nature, and outcome, of investigations undertaken by the committee; (b) the number and nature of investigations 20 referred to in paragraph (a) that are outstanding; (c) any trends or special problems that may have emerged; (d) forecasts of the workload of the committee in the year after the year to which the report 25 relates; and (e) any proposals for improving the operation of the committee. ". page 376 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Nurses Act 1992 Division 90 s. 835 835. Section 37 amended Section 37 is amended by deleting "inquiry" and inserting instead -- " proceedings ". 5 836. Section 43 amended After section 43(2) the following subsection is inserted -- " (2a) The Board cannot grant an application under subsection (2) unless it has applied for, and obtained, 10 the approval of the State Administrative Tribunal to do so. ". 837. Section 44 amended After section 44(2) the following subsection is inserted -- 15 " (3) The Board cannot to any extent revoke a suspension that was imposed to give effect to an order of the State Administrative Tribunal under section 69 unless it has applied for, and obtained, the approval of the State 20 Administrative Tribunal to do so. ". 838. Section 54 amended Section 54(1) is amended as follows: (a) in paragraph (b) by deleting "pecuniary penalties,"; 25 (b) in paragraph (b) by deleting ", 69". page 377 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 90 Nurses Act 1992 s. 839 839. Section 57 amended After section 57(1) the following subsection is inserted -- " (1a) The Board's annual report is to include details of -- 5 (a) the number, nature, and outcome, of -- (i) investigations and inquiries undertaken by, or at the direction of, the Board or a committee appointed by it; and (ii) matters that have been brought before 10 the State Administrative Tribunal by the Board; (b) the number and nature of matters referred to in paragraph (a) that are outstanding; (c) any trends or special problems that may have 15 emerged; (d) forecasts of the workload of the Board in the year after the year to which the report relates; and (e) any proposals for improving the operation of 20 the Board. ". 840. Section 59 amended Section 59 is amended by deleting the definition of "affected person" and inserting the following definition instead -- 25 " "affected person" means a person to whom a complaint, investigation or proceeding relates or in respect of whom the Board has grounds under section 60(1) to appoint an investigator; 30 ". page 378 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Nurses Act 1992 Division 90 s. 841 841. Sections 59A to 59C inserted After section 59 the following sections are inserted -- " 59A. Interim orders of Board 5 The Board may deal under sections 59B and 59C with a matter notwithstanding that -- (a) the Board is already dealing with the matter under this Act, either directly or as part of another matter; or 10 (b) a complaint about the same matter, or a complaint elements of which include the same matter, has been made under the Health Services (Conciliation and Review) Act 1995 or is being treated as a complaint that was made 15 under that Act. 59B. Order to cease activity or interim restriction on practice (1) If the Board is of the opinion that an activity of an affected person involves or will involve -- 20 (a) a risk of imminent injury or harm to the physical or mental health of any person; or (b) a contravention or likely contravention of a provision of this Act, the Board may, without further inquiry, do any or all of 25 the following -- (c) deliver to the affected person who is carrying on that activity an order prohibiting the carrying on of the activity for a period of not more than 30 days; 30 (d) deliver to the affected person an order to comply, for a period of not more than 30 days, page 379 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 90 Nurses Act 1992 s. 841 with such conditions and restrictions as the Board thinks fit in relation to the practice of nursing by that person; or (e) deliver to the affected person an order 5 suspending the person from the practice of nursing, either generally or in relation to any specified circumstances or service, for a period of not more than 30 days. (2) An order made under subsection (1) must -- 10 (a) state that the Board is of the opinion that the activity of the affected person involves or will involve a risk of imminent injury or harm to the physical or mental health of any person or a contravention or likely contravention of a 15 provision of this Act; (b) specify the activity that in the Board's opinion involves or will involve the risk or contravention and the matters that give or will give rise to the risk or contravention; and 20 (c) advise that, within 14 days of the making of the order, the Board will revoke the order or make an allegation about the matter to the State Administrative Tribunal. (3) The Board may, by order given to the person to whom 25 the order made under subsection (1) was given, revoke or vary an order made under subsection (1) at any time before making an allegation about the matter to the State Administrative Tribunal under section 59C. (4) The person against whom an order is made under 30 subsection (1) may apply to the State Administrative Tribunal for a review of any order made under this section. page 380 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Nurses Act 1992 Division 90 s. 842 59C. What happens after making section 59B order (1) Within 14 days of making an order under section 59B(1), if that order is not revoked under section 59B(3), the Board must make an allegation to 5 the State Administrative Tribunal about the matter in respect of which the order was made. (2) Upon an allegation made under subsection (1) the State Administrative Tribunal may, in addition to any other order it may make, affirm or revoke an order under 10 section 59B(1) or vary the order by extending the period for which it applies or in any other respect. ". 842. Section 60 amended Section 60(1) is amended as follows: 15 (a) after paragraph (c) by inserting -- " or "; (b) by deleting paragraph (d) and "or" after it. 843. Section 63 amended (1) Section 63(1)(b) is deleted and the following paragraph is 20 inserted instead -- " (b) make an allegation about the matter to the State Administrative Tribunal. ". 25 (2) Section 63(2) is amended by deleting "proceedings by way of a formal inquiry" and inserting instead -- " having an allegation about the matter made to the State Administrative Tribunal 30 ". page 381 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 90 Nurses Act 1992 s. 844 844. Section 64 amended (1) Section 64(2)(g) is deleted and the following paragraph is inserted instead -- " 5 (g) to make an allegation about the matter to the State Administrative Tribunal. ". (2) Section 64(3) is amended by deleting "does" and inserting instead -- 10 " do ". 845. Sections 65 to 68 repealed Sections 65, 66, 67 and 68 are repealed. 846. Section 69 amended Section 69 is amended as follows: 15 (a) by deleting "Where the committee reports to the Board under section 68 that a situation referred to in section 61 exists or has occurred in respect of a person, the Board may do any, or a combination of any, of the following -- " and inserting instead -- 20 " The State Administrative Tribunal may, in dealing with an allegation made to it under this Part -- "; (b) in paragraph (d) by deleting "to the Board"; 25 (c) after paragraph (e) by deleting the full stop and inserting a semicolon; (d) after paragraph (e) by inserting -- " (f) if it is appropriate, do more than one of those 30 things. ". page 382 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Nurses Act 1992 Division 90 s. 847 847. Section 70 amended (1) Section 70(1) is repealed. (2) Section 70(2) is repealed and the following subsection is inserted instead -- 5 " (2) Where the Board under section 60(1)(e), the committee under section 64(2)(a) or the State Administrative Tribunal under section 69(a), declines to take any action under this Part in respect of a person the Board , 10 the committee or the Tribunal may make a statement exonerating that person. ". (3) Section 70(3) is amended by deleting "exercise any power under this Part in respect of " and inserting instead -- 15 " recommend to the Board that it make an allegation to the State Administrative Tribunal about ". (4) Section 70(4) is repealed. 20 848. Section 71 amended (1) Section 71(1) is amended by deleting "(1) or". (2) Section 71(2) is repealed. 849. Section 73 amended (1) Section 73(1) is amended as follows: 25 (a) by deleting "Board or the"; (b) by deleting "or 69"; (c) by deleting "or inquiry"; (d) by deleting "Board" and inserting instead -- " committee ". page 383 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 90 Nurses Act 1992 s. 850 (2) Section 73(4) is amended by deleting "monetary penalty,". 850. Section 74 amended Section 74(1) is amended by inserting after "an order which the Board" -- 5 " or the State Administrative Tribunal ". 851. Section 76 amended Section 76 is amended by deleting "inquiry" and inserting instead -- " proceeding ". 10 852. Section 77 amended Section 77(2)(a) is amended by deleting "69,". 853. Section 78 replaced Section 78 is repealed and the following section is inserted instead -- 15 " 78. Review A person who is aggrieved by a decision referred to in section 77(2) may apply to the State Administrative Tribunal for a review of the decision. 20 ". 854. Section 82 amended Section 82(2)(f) is amended by deleting "and inquiries". page 384 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Occupational Therapists Registration Act 1980 Division 91 s. 855 Division 91 -- Occupational Therapists Registration Act 1980 855. The Act amended The amendments in this Division are to the Occupational Therapists Registration Act 1980 *. 5 [* Reprinted as at 6 December 2002.] 856. Section 9 amended Section 9(1) is amended as follows: (a) in paragraph (e) by inserting after "this Act" -- " 10 other than for commencing a proceeding before the State Administrative Tribunal "; (b) by deleting paragraph (g) and inserting instead -- " 15 (g) regulating the manner of making to the Board any complaint against or concerning any occupational therapist; ". 857. Section 15 amended 20 After section 15(1) the following subsection is inserted -- " (1aa) The Board cannot revoke or vary a condition that gives effect to an order of the State Administrative Tribunal unless it has applied for, and obtained, the approval of 25 the State Administrative Tribunal to do so. ". page 385 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 91 Occupational Therapists Registration Act 1980 s. 858 858. Section 17 amended Section 17(1) is amended by inserting after "investigation" -- " or proceedings in the State Administrative Tribunal ". 859. Section 21 amended 5 (1) Section 21(1) is amended by inserting after "pursuant to" -- " an order of the State Administrative Tribunal under ". (2) After section 21(1) the following subsection is inserted -- " (1aa) The Board cannot grant an application under 10 subsection (1) unless it has applied for, and obtained, the approval of the State Administrative Tribunal to do so. ". 860. Section 23 amended 15 After section 23(3) the following subsection is inserted -- " (4) The Board cannot to any extent revoke a suspension that was imposed to give effect to an order of the State Administrative Tribunal unless it has applied for, and 20 obtained, the approval of the State Administrative Tribunal to do so. ". 861. Section 27A amended After section 27A(1) the following subsection is inserted -- 25 " (1a) The Board's annual report is to include details of -- (a) the number, nature, and outcome, of -- (i) investigations and inquiries undertaken by, or at the direction of, the Board; and page 386 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Occupational Therapists Registration Act 1980 Division 91 s. 862 (ii) matters that have been brought before the State Administrative Tribunal by the Board; (b) the number and nature of matters referred to in 5 paragraph (a) that are outstanding; (c) any trends or special problems that may have emerged; (d) forecasts of the workload of the Board in the year after the year to which the report relates; 10 and (e) any proposals for improving the operation of the Board. ". 862. Part IVA inserted 15 After section 27A the following Part heading and sections are inserted -- " Part IVA -- Investigation 27B. Investigator 20 (1) The Board may appoint a person to investigate a complaint or any other matter relevant to the Board's functions and report to the Board. (2) The Board is to issue to each investigator it appoints a certificate of appointment in an approved form. 25 (3) A certificate purporting to have been issued under this section is evidence in any court of the appointment to which the certificate purports to relate. page 387 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 91 Occupational Therapists Registration Act 1980 s. 862 27C. Report of investigator (1) An investigator must -- (a) within such period as the Board requires prepare a report on the investigation, and make 5 recommendations as to the manner in which the matter should be dealt with; and (b) immediately after preparing the report, provide the Board with a copy of the report. (2) The investigator must return his certificate of 10 appointment at the time the Board is provided with a copy of the report. 27D. Powers of investigator (1) An investigator may for the purposes of an investigation -- 15 (a) enter and inspect the premises of a person named in a warrant issued under section 27F(1), and exercise the powers referred to in section 27F(2)(b) and (c); (b) require a person to produce to the investigator 20 any document or other thing concerning the investigation that is in the possession or under the control of the person; (c) inspect any document or other thing produced to the investigator and retain it for such 25 reasonable period as the investigator thinks fit, and make copies of a document or any of its contents; (d) require a person -- (i) to give the investigator such information 30 as the investigator requires; and page 388 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Occupational Therapists Registration Act 1980 Division 91 s. 862 (ii) to answer any question put to that person, in relation to the matter the subject of the investigation; and 5 (e) exercise other powers conferred on an investigator by the regulations. (2) A requirement made under subsection (1)(b) -- (a) must be made by notice in writing given to the person required to produce the document or 10 other thing; (b) must specify the time at or within which the document or other thing is to be produced; (c) may, by its terms, require that the document or other thing required be produced at a place and 15 by means specified in the requirement; and (d) where the document required is not in a readable format, must be treated as a requirement to produce -- (i) the document itself; and 20 (ii) the contents of the document in a readable format. (3) A requirement made under subsection (1)(d) -- (a) may be made orally or by notice in writing served on the person required to give 25 information or answer a question, as the case may be; (b) must specify the time at or within which the information is to be given or the question is to be answered, as the case may be; and 30 (c) may, by its terms, require that the information or answer required -- (i) be given orally or in writing; page 389 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 91 Occupational Therapists Registration Act 1980 s. 862 (ii) be given at or sent or delivered to a place specified in the requirement; (iii) in the case of written information or answers be sent or delivered by means 5 specified in the requirement; and (iv) be verified by statutory declaration. (4) If under subsection (1)(d) an investigator requires a person to give information or answer a question, the investigator must inform that person that the person is 10 required under this Act to give the information or answer the question. (5) An investigator must produce his certificate of appointment if requested to do so by a person in respect of whom the investigator has exercised, or is 15 about to exercise, a power under this section. 27E. Warrant to enter premises (1) If the Board has determined in a particular case that an investigator has reasonable grounds for believing that entry to premises is necessary for the purpose of 20 investigating a matter that may involve a threat to the physical or mental health of a person the investigator may apply to a magistrate for a warrant to be issued in respect of those premises. (2) An application for a warrant must -- 25 (a) be in writing; (b) be accompanied by a notice in writing from the Board stating that it has determined in the particular case that the investigator has reasonable grounds for believing that entry to 30 premises is necessary for the purpose of investigating a matter that may involve a threat to the physical or mental health of a person; (c) set out the grounds for seeking the warrant; and page 390 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Occupational Therapists Registration Act 1980 Division 91 s. 862 (d) describe the premises that are to be entered. (3) A magistrate to whom an application is made under this section must refuse it if -- (a) the application does not comply with the 5 requirements of this Act; or (b) when required to do so by the magistrate, the investigator does not give to the magistrate more information about the application. (4) The information in an application or given to a 10 magistrate under this section must be verified before the magistrate on oath or affirmation or by affidavit, and the magistrate may for that purpose administer an oath or affirmation or take an affidavit. 27F. Issue of warrant 15 (1) A magistrate to whom an application is made under section 27E may issue a warrant, if satisfied that there are reasonable grounds for believing that entry and inspection of the premises are necessary for the purpose referred to in that section. 20 (2) A warrant under subsection (1) authorises the investigator -- (a) to enter and inspect the premises named in the warrant; (b) to require a person on the premises to answer 25 questions or produce documents or other things in the person's possession concerning the investigation; and (c) to inspect documents and other things, and take copies of or extracts from documents, produced 30 in compliance with a requirement made under paragraph (b). page 391 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 91 Occupational Therapists Registration Act 1980 s. 863 (3) There must be stated in a warrant -- (a) the purpose for which the warrant is issued; (b) the name of the person to whom the warrant is issued; and 5 (c) a description of the premises that may be entered. (4) A magistrate who issues a warrant must cause a record to be made of particulars of the grounds that the magistrate has relied on to justify the issue of the 10 warrant. 27G. Execution of warrant (1) If asked by the occupier or a person in charge of the premises, the person executing a warrant must produce it for inspection. 15 (2) A warrant ceases to have effect -- (a) at the end of the period of one month after its issue; (b) if it is withdrawn by the magistrate who issued it; or 20 (c) when it is executed, whichever occurs first. ". 863. Section 28 amended (1) Section 28(1) is amended as follows: 25 (a) by deleting ", after an inquiry of the kind referred to in section 31,"; page 392 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Occupational Therapists Registration Act 1980 Division 91 s. 863 (b) by deleting all of the subsection after "may" and inserting instead -- " allege to the State Administrative Tribunal that there 5 are grounds for the Tribunal to make an order under this section and the Tribunal may order that his name shall be struck off the Register. ". (2) Section 28(2) is amended as follows: 10 (a) by deleting ", after an inquiry of the kind referred to in section 31, the Board" and inserting instead -- " the Tribunal "; (b) by deleting "Board may" and inserting instead -- " Tribunal may "; 15 (c) in paragraph (a) -- (i) by deleting "suspend that person" and inserting instead -- " order that the person be suspended "; and (ii) by inserting after "12 months" -- 20 " specified in the order "; (d) in paragraph (b) -- (i) by deleting "to the Board"; and (ii) by deleting "Board" in the second place where it occurs and inserting instead -- 25 " Tribunal ". page 393 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 91 Occupational Therapists Registration Act 1980 s. 864 (3) Section 28(3) is amended as follows: (a) by deleting "the holding of a formal inquiry is not warranted by the nature of the allegations the Board, after affording to" and inserting instead -- 5 " an allegation about a matter to the State Administrative Tribunal is not warranted by the nature of the matter, after affording "; 10 (b) by deleting "the option thereafter of proceedings by way of an inquiry of the kind referred to in section 31,"; (c) Section 28(5) is amended by inserting after "are ordered" -- " by the Board ". 15 864. Section 28A inserted After section 28 the following section is inserted -- " 28A. Suspension of licence by State Administrative Tribunal 20 (1) Where the State Administrative Tribunal makes an order against an occupational therapist and payment is not made in accordance with the order or the order is otherwise not complied with or is breached, the State Administrative Tribunal may order that the person be 25 suspended from the practice of occupational therapy until the payment is made, or for such period or upon such event occurring as the State Administrative Tribunal thinks fit. (2) The power conferred on the State Administrative 30 Tribunal by subsection (1) is in addition to, and does not derogate from, the powers conferred on it by this Act or by the State Administrative Tribunal Act 2003. ". page 394 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Occupational Therapists Registration Act 1980 Division 91 s. 865 865. Section 29 amended (1) Section 29(1) is amended by deleting all of the subsection after "the undertaking," and inserting instead -- " 5 make an allegation under section 28 to the State Administrative Tribunal about the matter that gave rise to the undertaking being given to the Board. ". (2) Section 29(2) is repealed. 10 866. Section 31 repealed Section 31 is repealed. 867. Section 32 amended Section 32(c) is amended by inserting after "disciplinary powers" -- 15 " under section 28(3) ". 868. Section 33 replaced Section 33 is repealed and the following section is inserted instead -- " 20 33. Review A person aggrieved by an order of the Board, or by the refusal of an application to the Board for registration or restoration to the Register, or as to any limitation, restriction or condition imposed, may apply to the State 25 Administrative Tribunal for a review of the order, refusal, limitation, restriction or condition. ". page 395 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 92 Optical Dispensers Act 1966 s. 869 869. Section 34 amended Section 34(1) is amended by inserting after "which the Board" -- " or the State Administrative Tribunal ". 5 870. Section 38 amended Section 38(d) is amended by deleting "or any inquiry,". Division 92 -- Optical Dispensers Act 1966 871. The Act amended The amendments in this Division are to the Optical Dispensers 10 Act 1966*. [* Reprinted as at 21 January 1986.] 872. Section 3 amended Section 3 is amended by inserting before the definition of "licence" the following definition -- 15 " "chief executive officer" means the chief executive officer under the Public Sector Management Act 1994 of the department principally assisting the Minister with the administration of this Act; 20 ". 873. Section 5 amended (1) Section 5(1) is amended by deleting "Permanent Head" and inserting instead -- " chief executive officer ". page 396 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Optical Dispensers Act 1966 Division 92 s. 874 (2) Section 5(2) is repealed and the following subsection is inserted instead -- " (2) Where the chief executive officer is satisfied that an 5 applicant for a licence is of good character and that the applicant holds any of the prescribed qualifications, the chief executive officer shall issue to the applicant a licence, in the prescribed form, to carry out optical dispensing, except in relation to haptic lenses. 10 ". (3) Section 5(3) is repealed. (4) Section 5(4) is amended as follows: (a) by deleting "of the Permanent Head" and inserting instead -- 15 " of the chief executive officer "; (b) by deleting ", by notice in writing stating the grounds of his appeal, appeal to the Minister against that refusal, and the Minister may, as he thinks fit, confirm the refusal or direct the Permanent Head to issue a licence to 20 that person" and inserting instead -- " apply to the State Administrative Tribunal for a review of the refusal ". 25 874. Section 6 amended Section 6(1) is amended by deleting "Permanent Head" in each place where it occurs and inserting instead -- " chief executive officer ". page 397 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 92 Optical Dispensers Act 1966 s. 875 875. Sections 6A to 6F inserted After section 6 the following sections are inserted -- " 6A. Investigator 5 (1) If the chief executive officer has reason to investigate any matter relevant to the performance of the chief executive officer's functions under this Act, the chief executive officer may designate a person employed in the chief executive officer's department to investigate 10 the matter and report to the chief executive officer. (2) The chief executive officer is to issue to each person designated a certificate in an approved form of that person's designation as an investigator. (3) A certificate purporting to have been issued under this 15 section is evidence in any court of the designation to which the certificate purports to relate. 6B. Report of investigator (1) An investigator must -- (a) within such period as the chief executive officer 20 requires prepare a report on the investigation, and make recommendations as to the manner in which the matter should be dealt with; and (b) immediately after preparing the report, provide the chief executive officer with a copy of the 25 report. (2) The investigator must return his or her certificate of designation at the time the chief executive officer is provided with a copy of the report. page 398 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Optical Dispensers Act 1966 Division 92 s. 875 6C. Powers of investigator (1) An investigator may for the purposes of an investigation -- (a) enter and inspect the premises of a person 5 named in a warrant issued under section 6E(1), and exercise the powers referred to in section 6E(2)(b) and (c); (b) require a person to produce to the investigator any document or other thing concerning the 10 investigation that is in the possession or under the control of the person; (c) inspect any document or other thing produced to the investigator and retain it for such reasonable period as the investigator thinks fit, 15 and make copies of a document or any of its contents; (d) require a person -- (i) to give the investigator such information as the investigator requires; and 20 (ii) to answer any question put to that person, in relation to the matter the subject of the investigation; and (e) exercise other powers conferred on an 25 investigator by the regulations. (2) A requirement made under subsection (1)(b) -- (a) must be made by notice in writing given to the person required to produce the document or other thing; 30 (b) must specify the time at or within which the document or other thing is to be produced; page 399 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 92 Optical Dispensers Act 1966 s. 875 (c) may, by its terms, require that the document or other thing required be produced at a place and by means specified in the requirement; and (d) where the document required is not in a 5 readable format, must be treated as a requirement to produce -- (i) the document itself; and (ii) the contents of the document in a readable format. 10 (3) A requirement made under subsection (1)(d) -- (a) may be made orally or by notice in writing served on the person required to give information or answer a question, as the case may be; 15 (b) must specify the time at or within which the information is to be given or the question is to be answered, as the case may be; and (c) may, by its terms, require that the information or answer required -- 20 (i) be given orally or in writing; (ii) be given at or sent or delivered to a place specified in the requirement; (iii) in the case of written information or answers be sent or delivered by means 25 specified in the requirement; and (iv) be verified by statutory declaration. (4) If under subsection (1)(d) an investigator requires a person to give information or answer a question, the investigator must inform that person that the person is 30 required under this Act to give the information or answer the question. page 400 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Optical Dispensers Act 1966 Division 92 s. 875 (5) An investigator must produce his or her certificate of designation if requested to do so by a person in respect of whom the investigator has exercised, or is about to exercise, a power under this section. 5 6D. Warrant to enter premises (1) If the chief executive officer has determined in a particular case that an investigator has reasonable grounds for believing that entry to premises is necessary for the purpose of investigating a matter that 10 may involve a threat to the physical or mental health of a person the investigator may apply to a magistrate for a warrant to be issued in respect of those premises. (2) An application for a warrant must -- (a) be in writing; 15 (b) be accompanied by a notice in writing from the chief executive officer stating that it has determined in the particular case that the investigator has reasonable grounds for believing that entry to premises is necessary for 20 the purpose of investigating a matter that may involve a threat to the physical or mental health of a person; (c) set out the grounds for seeking the warrant; and (d) describe the premises that are to be entered. 25 (3) A magistrate to whom an application is made under this section must refuse it if -- (a) the application does not comply with the requirements of this Act; or (b) when required to do so by the magistrate, the 30 investigator does not give to the magistrate more information about the application. page 401 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 92 Optical Dispensers Act 1966 s. 875 (4) The information in an application or given to a magistrate under this section must be verified before the magistrate on oath or affirmation or by affidavit, and the magistrate may for that purpose administer an 5 oath or affirmation or take an affidavit. 6E. Issue of warrant (1) A magistrate to whom an application is made under section 6D may issue a warrant, if satisfied that there are reasonable grounds for believing that entry and 10 inspection of the premises are necessary for the purpose referred to in that section. (2) A warrant under subsection (1) authorises the investigator -- (a) to enter and inspect the premises named in the 15 warrant; (b) to require a person on the premises to answer questions or produce documents or other things in the person's possession concerning the investigation; and 20 (c) to inspect documents and other things, and take copies of or extracts from documents, produced in compliance with a requirement made under paragraph (b). (3) There must be stated in a warrant -- 25 (a) the purpose for which the warrant is issued; (b) the name of the person to whom the warrant is issued; and (c) a description of the premises that may be entered. page 402 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Optical Dispensers Act 1966 Division 92 s. 876 (4) A magistrate who issues a warrant must cause a record to be made of particulars of the grounds that the magistrate has relied on to justify the issue of the warrant. 5 6F. Execution of warrant (1) If asked by the occupier or a person in charge of the premises, the person executing a warrant must produce it for inspection. (2) A warrant ceases to have effect -- 10 (a) at the end of the period of one month after its issue; (b) if it is withdrawn by the magistrate who issued it; or (c) when it is executed, 15 whichever occurs first. ". 876. Section 7 amended (1) Section 7(1) is amended as follows: (a) after "Where the" by deleting "Permanent Head" and 20 inserting instead -- " chief executive officer "; (b) by deleting "Permanent Head shall, by writing under his hand, recommend to the Governor that the licence of that optical dispenser be revoked" and inserting 25 instead -- " may allege to the State Administrative Tribunal that there are grounds for the Tribunal to revoke the licence of that optical dispenser and if the Tribunal finds that 30 the optical dispenser is no longer a fit and proper page 403 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 92 Optical Dispensers Act 1966 s. 877 person to continue to be the holder of a licence, it may order that the licence is revoked ". (2) Section 7(2) is repealed. 5 (3) Section 7(3) is amended as follows: (a) after "to the" by deleting "Permanent Head" and inserting instead -- " chief executive officer "; (b) by deleting "Governor may, on the recommendation of 10 the Permanent Head," and inserting instead -- " chief executive officer may ". (4) After section 7(3) the following subsection is inserted -- " (4) The chief executive officer cannot grant an application 15 under subsection (3) unless it has applied for, and obtained, the approval of the State Administrative Tribunal to do so. ". 877. Section 8 amended 20 Section 8(1) is amended as follows: (a) by deleting "Permanent Head" and inserting instead -- " chief executive officer "; (b) by deleting "section 7 (2)" and inserting instead -- " section 7(1) ". 25 878. Section 10 amended (1) Section 10(1) is amended by deleting "Permanent Head" and inserting instead -- " chief executive officer ". page 404 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Optical Dispensers Act 1966 Division 92 s. 879 (2) Section 10(2) is amended by deleting "Permanent Head" and inserting instead -- " chief executive officer ". 879. Section 11 amended 5 Section 11 is amended by deleting "Permanent Head" and inserting instead -- " chief executive officer ". 880. Section 11A inserted After section 11 the following section is inserted -- 10 " 11A. Reporting The annual report under the Financial Administration and Audit Act 1985 of the department principally assisting the Minister in the administration of this Act 15 is to include details of -- (a) the number, nature, and outcome, of -- (i) investigations and inquiries undertaken by, or at the direction of, the chief executive officer; and 20 (ii) matters that have been brought before the State Administrative Tribunal by the chief executive officer; (b) the number and nature of matters referred to in paragraph (a) that are outstanding; 25 (c) any trends or special problems that may have emerged; (d) forecasts of the workload under this Act of the department in the year after the year to which the report relates; and 30 (e) any proposals for improving the performance of functions under this Act. ". page 405 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 93 Optometrists Act 1940 s. 881 Division 93 -- Optometrists Act 1940 881. The Act amended The amendments in this Division are to the Optometrists Act 1940*. 5 [* Reprint 3 as at 7 March 2003.] 882. Section 17 amended Section 17(1) is amended as follows: (a) in paragraph (i) by deleting ", and the inquiry by the Board into such charge or complaint"; 10 (b) by deleting paragraphs (l) and (o). 883. Section 21 amended Section 21(1) is amended by deleting "Board" in the third place where it occurs and inserting instead -- " State Administrative Tribunal ". 15 884. Sections 25A to 25F inserted After section 25 the following sections are inserted -- " 25A. Investigator (1) The Board may appoint a person to investigate a matter 20 relevant to the performance of the Board's functions under this Act and report to the Board. (2) The Board is to issue to each investigator it appoints a certificate of appointment in an approved form. (3) A certificate purporting to have been issued under this 25 section is evidence in any court of the appointment to which the certificate purports to relate. page 406 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Optometrists Act 1940 Division 93 s. 884 25B. Report of investigator (1) An investigator must -- (a) within such period as the Board requires prepare a report on the investigation, and make 5 recommendations as to the manner in which the matter investigated should be dealt with; and (b) immediately after preparing the report, provide the Board with a copy of the report. (2) The investigator must return his or her certificate of 10 appointment at the time the Board is provided with a copy of the report. 25C. Powers of investigator (1) An investigator may for the purposes of an investigation -- 15 (a) enter and inspect the premises of a person named in a warrant issued under section 25E(1), and exercise the powers referred to in section 25E(2)(b) and (c); (b) require a person to produce to the investigator 20 any document or other thing concerning the investigation that is in the possession or under the control of the person; (c) inspect any document or other thing produced to the investigator and retain it for such 25 reasonable period as the investigator thinks fit, and make copies of a document or any of its contents; (d) require a person -- (i) to give the investigator such information 30 as the investigator requires; and page 407 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 93 Optometrists Act 1940 s. 884 (ii) to answer any question put to that person, in relation to the matter the subject of the investigation; and 5 (e) exercise other powers conferred on an investigator by the regulations. (2) A requirement made under subsection (1)(b) -- (a) must be made by notice in writing given to the person required to produce the document or 10 other thing; (b) must specify the time at or within which the document or other thing is to be produced; (c) may, by its terms, require that the document or other thing required be produced at a place and 15 by means specified in the requirement; and (d) where the document required is not in a readable format, must be treated as a requirement to produce -- (i) the document itself; and 20 (ii) the contents of the document in a readable format. (3) A requirement made under subsection (1)(d) -- (a) may be made orally or by notice in writing served on the person required to give 25 information or answer a question, as the case may be; (b) must specify the time at or within which the information is to be given or the question is to be answered, as the case may be; and 30 (c) may, by its terms, require that the information or answer required -- (i) be given orally or in writing; page 408 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Optometrists Act 1940 Division 93 s. 884 (ii) be given at or sent or delivered to a place specified in the requirement; (iii) in the case of written information or answers be sent or delivered by means 5 specified in the requirement; and (iv) be verified by statutory declaration. (4) If under subsection (1)(d) an investigator requires a person to give information or answer a question, the investigator must inform that person that the person is 10 required under this Act to give the information or answer the question. (5) An investigator must produce his or her certificate of appointment if requested to do so by a person in respect of whom the investigator has exercised, or is 15 about to exercise, a power under this section. 25D. Warrant to enter premises (1) If the Board has determined in a particular case that an investigator has reasonable grounds for believing that entry to premises is necessary for the purpose of 20 substantiating a suspicion that may involve a threat to the physical or mental health of a person the investigator may apply to a magistrate for a warrant to be issued in respect of those premises. (2) An application for a warrant must -- 25 (a) be in writing; (b) be accompanied by a notice in writing from the Board stating that it has determined in the particular case that the investigator has reasonable grounds for believing that entry to 30 premises is necessary for the purpose of substantiating a suspicion that may involve a threat to the physical or mental health of a person; page 409 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 93 Optometrists Act 1940 s. 884 (c) set out the grounds for seeking the warrant; and (d) describe the premises that are to be entered. (3) A magistrate to whom an application is made under this section must refuse it if -- 5 (a) the application does not comply with the requirements of this Act; or (b) when required to do so by the magistrate, the investigator does not give to the magistrate more information about the application. 10 (4) The information in an application or given to a magistrate under this section must be verified before the magistrate on oath or affirmation or by affidavit, and the magistrate may for that purpose administer an oath or affirmation or take an affidavit. 15 25E. Issue of warrant (1) A magistrate to whom an application is made under section 25D may issue a warrant, if satisfied that there are reasonable grounds for believing that entry and inspection of the premises are necessary for the 20 purpose referred to in that section. (2) A warrant under subsection (1) authorises the investigator -- (a) to enter and inspect the premises named in the warrant; 25 (b) to require a person on the premises to answer questions or produce documents or other things in the person's possession concerning the investigation; and (c) to inspect documents and other things, and take 30 copies of or extracts from documents, produced in compliance with a requirement made under paragraph (b). page 410 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Optometrists Act 1940 Division 93 s. 885 (3) There must be stated in a warrant -- (a) the purpose for which the warrant is issued; (b) the name of the person to whom the warrant is issued; and 5 (c) a description of the premises that may be entered. (4) A magistrate who issues a warrant must cause a record to be made of particulars of the grounds that the magistrate has relied on to justify the issue of the 10 warrant. 25F. Execution of warrant (1) If asked by the occupier or a person in charge of the premises, the person executing a warrant must produce it for inspection. 15 (2) A warrant ceases to have effect -- (a) at the end of the period of one month after its issue; (b) if it is withdrawn by the magistrate who issued it; or 20 (c) when it is executed, whichever occurs first. ". 885. Section 26 amended (1) Section 26(1) is amended as follows: 25 (a) after "The Board" by deleting "may" and inserting instead -- " may, upon investigating a complaint against or concerning any registered optometrist or on its own 30 initiative, allege to the State Administrative Tribunal page 411 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 93 Optometrists Act 1940 s. 886 that there are grounds for the State Administrative Tribunal to exercise its powers under this section in respect of a registered optometrist and, in dealing with the allegation, the State Administrative Tribunal may 5 by order "; (b) after "any registered optometrist, or" by deleting "cause" and inserting instead -- " order "; 10 (c) by deleting "the Board, after inquiry as prescribed and by reason of the conclusive proof of the complaint, allegation or charge made," and inserting instead -- " the Tribunal "; (d) in paragraph (f) by deleting "Board" and inserting 15 instead -- " State Administrative Tribunal ". (2) Section 26(2) is amended by deleting "Board" in each place where it occurs and inserting instead -- " Tribunal ". 20 (3) Section 26(4), (5), (6) and (7) are repealed. 886. Section 27 repealed Section 27 is repealed. 887. Section 28 amended (1) Section 28(1) is amended as follows: 25 (a) by deleting "Board, or" and inserting instead -- " State Administrative Tribunal, or "; (b) by deleting "Board, in the manner prescribed," and inserting instead -- " Tribunal "; page 412 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Optometrists Act 1940 Division 93 s. 888 (c) by deleting after "suspension annulled, or" and inserting instead -- " apply to the Board ". (2) Section 28(2) is amended as follows: 5 (a) by deleting "Board" and inserting instead -- " State Administrative Tribunal or Board, as the case may be, "; 10 (b) after "subsection (1)" by inserting -- " except that the Board cannot grant a person's application for the re-entry in the Register of the person's name unless it has applied for, and obtained, 15 the approval of the State Administrative Tribunal to do so ". (3) Section 28(3) is repealed. 888. Section 29 amended 20 Section 29 is amended by deleting "Board" and inserting instead -- " State Administrative Tribunal ". 889. Section 30 amended Section 30(1) is amended by deleting "or direction of the 25 Board" and inserting instead -- " of the State Administrative Tribunal ". page 413 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 93 Optometrists Act 1940 s. 890 890. Section 31 replaced Section 31 is repealed and the following section is inserted instead -- " 5 31. Review Whenever the Board makes a decision -- (a) refusing to register any person as an optometrist; or (b) refusing to re-enter in the Register the name of 10 any person whose name has previously been withdrawn from or removed from the Register, the person affected by the decision of the Board may apply to the State Administrative Tribunal for a review of the decision. 15 ". 891. Section 42 amended (1) Section 42(2) is amended by deleting "Board" and inserting instead -- " State Administrative Tribunal ". 20 (2) Section 42(3) is amended as follows: (a) by deleting "Board as" and inserting instead -- " State Administrative Tribunal as "; (b) by deleting "remove" and inserting instead -- " 25 refer the matter to the State Administrative Tribunal which may order the removal of ". page 414 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Osteopaths Act 1997 Division 94 s. 892 Division 94 -- Osteopaths Act 1997 892. The Act amended The amendments in this Division are to the Osteopaths Act 1997*. 5 [* Act No. 58 of 1997. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 272 and Act No. 21 of 2003.] 893. Section 3 amended 10 Section 3 is amended by deleting the definition of "formal inquiry". 894. Section 10 amended Section 10(1)(e) is amended by deleting "the disciplinary and". 895. Section 11 amended 15 Section 11(1) is amended by deleting "and the power to conduct a formal inquiry". 896. Section 15 amended Section 15(7) is repealed. 897. Section 20 amended 20 Section 20(4) is amended by deleting ", 36(5) or" and inserting instead -- " or 36(5) or to give effect to an order of the State Administrative Tribunal under 25 ". page 415 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 94 Osteopaths Act 1997 s. 898 898. Section 28 amended Section 28(2)(g) is amended by inserting after "person" -- " or any order made in a proceeding before the 5 State Administrative Tribunal under Part 5 ". 899. Section 31 amended Section 31(1) is amended by inserting after "under Part 5" -- " 10 or a proceeding before the State Administrative Tribunal commenced under Part 5 ". 900. Section 36 amended After section 36(3) the following subsection is inserted -- 15 " (3a) The Board cannot grant an application under subsection (3) unless it has applied for, and obtained, the approval of the State Administrative Tribunal to do so. 20 ". 901. Section 37 amended (1) Section 37(1) is amended as follows: (a) after "Where" by deleting "a person is suspended"; (b) by deleting ", 70(1)(l) or 74" and inserting instead -- 25 " or 74 or to give effect to an order of the State Administrative Tribunal under section 70(1)(l) "; page 416 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Osteopaths Act 1997 Division 94 s. 902 (c) in paragraph (a) by inserting before "from" -- " a person is suspended " (d) in paragraph (b) by inserting before "from" -- " a person is suspended ". 5 (2) After section 37(2) the following subsection is inserted -- " (3) The Board cannot to any extent revoke a suspension that was imposed to give effect to an order of the State Administrative Tribunal under section 70(1)(l) unless it 10 has applied for, and obtained, the approval of the State Administrative Tribunal to do so. ". 902. Section 41 amended Section 41(1) is amended as follows: 15 (a) by inserting after paragraph (b) -- " and "; (b) by deleting paragraph (c) and the "and" that follows it. 903. Section 44 amended After section 44(1) the following subsection is inserted -- 20 " (1a) The Board's annual report is to include details of -- (a) the number, nature, and outcome, of -- (i) investigations and inquiries undertaken by, or at the direction of, the Board; and 25 (ii) matters that have been brought before the State Administrative Tribunal by the Board; (b) the number and nature of matters referred to in paragraph (a) that are outstanding; page 417 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 94 Osteopaths Act 1997 s. 904 (c) any trends or special problems that may have emerged; (d) forecasts of the workload of the Board in the year after the year to which the report relates; 5 and (e) any proposals for improving the operation of the Board. ". 904. Section 48 amended 10 (1) Section 48(1)(b) is amended by deleting ", or of its own motion in the course of a formal inquiry". (2) Section 48(3) is repealed and the following subsection is inserted instead -- " 15 (3) If the examination was ordered on the request of the complaints assessment committee, the report of the examination is to be given by the Board to the committee for consideration. ". 20 905. Section 49 amended Section 49(3) is amended by deleting "hold a formal inquiry into" and inserting instead -- " make an allegation to the State Administrative Tribunal 25 based on ". page 418 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Osteopaths Act 1997 Division 94 s. 906 906. Section 50 amended Section 50(2) is amended by deleting paragraph (e) and "or" after it and inserting instead -- " 5 (e) make an allegation to the State Administrative Tribunal based on the complaint; or ". 907. Section 54 amended (1) Section 54(2) is amended by deleting paragraph (c) and 10 inserting the following paragraph instead -- " (c) advise that, within 14 days of the making of the order, the Board will revoke the order or make an allegation about the matter to the State 15 Administrative Tribunal. ". (2) Section 54(3) is amended by deleting "commencing a formal inquiry into the matter under" and inserting instead -- " 20 making an allegation about the matter to the State Administrative Tribunal as required by ". 908. Section 55 amended (1) Section 55(1) is amended as follows: 25 (a) in paragraph (a) by deleting "commence a formal inquiry into" and inserting instead -- " make an allegation under section 70 to the State Administrative Tribunal about 30 "; page 419 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 94 Osteopaths Act 1997 s. 909 (b) in paragraph (b) -- (i) by deleting "commenced"; and (ii) by inserting after "matter" -- " commenced ". 5 (2) Section 55(2) is repealed. 909. Section 63 amended Section 63(4)(b) is amended by deleting "Board" and inserting instead -- " State Administrative Tribunal ". 10 910. Section 64 amended Section 64(f) is deleted and the following paragraph is inserted instead -- " (f) make an allegation under section 70 about the 15 matter to the State Administrative Tribunal. ". 911. Heading to Part 5 Division 6 replaced The heading to Part 5 Division 6 is repealed and the following heading is inserted instead -- 20 " Division 6 -- Role of the State Administrative Tribunal ". 912. Sections 65 to 69 repealed Sections 65, 66, 67, 68 and 69 are repealed. page 420 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Osteopaths Act 1997 Division 94 s. 913 913. Section 70 amended (1) Section 70(1) is amended as follows: (a) by inserting after "The Board" -- " 5 may, on a complaint made or on its own initiative, allege to the State Administrative Tribunal that a disciplinary matter exists or has occurred, or may exist or have occurred, in respect of a person who is an osteopath or who was an osteopath at the relevant time 10 and the State Administrative Tribunal "; (b) by deleting "a matter under this Division in respect of an osteopath, do any one or more of the following" and inserting instead -- 15 " the allegation "; (c) in paragraph (d)(i) by deleting "Board" and inserting instead -- " State Administrative Tribunal "; (d) in paragraph (d)(iii) by deleting "Board" and inserting 20 instead -- " State Administrative Tribunal "; (e) in paragraph (e) by deleting "Board" and inserting instead -- " State Administrative Tribunal "; 25 (f) in paragraph (f) -- (i) by deleting "require" and inserting instead -- " order that "; (ii) by deleting "to"; and (iii) by deleting "Board" and inserting instead -- 30 " State Administrative Tribunal "; page 421 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 94 Osteopaths Act 1997 s. 913 (g) in paragraph (h) by deleting "such educational or clinical courses or both as are specified by the Board or to practise under such supervision as is specified by the Board for a period specified by the Board" and inserting 5 instead -- " educational or clinical courses, or both, as specified in the order or to practise under supervision as specified in the order for a 10 period specified in the order "; (h) in paragraph (i) by deleting "by the Board" in each place where it occurs and inserting instead -- " in the order "; 15 (i) in paragraph (j) by deleting "to the Board"; (j) in paragraph (l) -- (i) by deleting "suspend the person" and inserting instead -- " order that the person be suspended "; and 20 (ii) by deleting "years." and inserting instead -- " years specified in the order; or "; (k) after paragraph (l) by inserting -- " (m) if it is appropriate, do more than one of those 25 things. ". (2) Section 70(2) is amended as follows: (a) by deleting "Board" and inserting instead -- " State Administrative Tribunal "; page 422 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Osteopaths Act 1997 Division 94 s. 914 (b) by deleting "a matter under this Division" and inserting instead -- " an allegation under this Part in respect of a matter 5 "; (c) by deleting "its powers" and inserting instead -- " the powers it would have "; (d) by deleting after "and (j)" -- " if the person were an osteopath ". 10 914. Sections 71 to 73 repealed Sections 71, 72 and 73 are repealed. 915. Section 74 amended Section 74(1) is amended as follows: (a) in paragraph (a) by inserting after "that the Board" -- 15 " or the State Administrative Tribunal "; (b) in paragraph (b) -- (i) by deleting "the Board does not have" and inserting instead -- " 20 neither the Board or the State Administrative Tribunal has "; and (ii) by deleting ", after due inquiry," and inserting 25 instead -- " refer to the State Administrative Tribunal the question whether it should ". page 423 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 94 Osteopaths Act 1997 s. 916 916. Section 80 amended Section 80 is amended as follows: (a) by inserting at the end of paragraph (a) -- " or "; 5 (b) at the end of paragraph (b) by deleting the semicolon and "or" and inserting instead a full stop; (c) by deleting paragraph (c). 917. Section 81 amended (1) Section 81(1) is amended by deleting "or 69". 10 (2) Section 81(2) (but not the penalty) is repealed and the following subsection is inserted instead -- " (2) A person must not, without lawful excuse, refuse or fail to give information or answer a question when required 15 to do so under section 59. ". 918. Section 83 repealed Section 83 is repealed. 919. Section 87 amended 20 Section 87(2) is amended by deleting ", inquiry or hearing". 920. Section 88 amended Section 88(2) is amended as follows: (a) in paragraph (a) by deleting "70, 71, 72 or"; (b) in paragraph (b) by deleting "the refusal of " and 25 inserting instead -- " any decision refusing "; page 424 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Osteopaths Act 1997 Division 94 s. 921 (c) in paragraph (c) by deleting "the removal of " and inserting instead -- " any decision to remove "; (d) in paragraph (d) by deleting "the imposition of " and 5 inserting instead -- " any decision to impose ". 921. Section 89 replaced Section 89 is repealed and the following section is inserted instead -- 10 " 89. Review A person who is aggrieved by an order under section 54 or a decision or order referred to in section 88(2) may apply to the State Administrative 15 Tribunal for a review of the order or decision. ". 922. Section 90 amended (1) Section 90(1) is amended as follows: (a) by deleting "Board or" and inserting instead -- 20 " Board, the "; (b) by inserting after "committee" -- " or the State Administrative Tribunal ". (2) Section 90(3) is amended as follows: (a) by deleting "Board or" and inserting instead -- 25 " Board, "; (b) by inserting after "committee" -- " or the State Administrative Tribunal ". page 425 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 95 Painters' Registration Act 1961 s. 923 923. Schedule 1 amended Schedule 1 clause 5(2) is repealed and the following subclause is inserted instead -- " 5 (2) A quorum for a meeting of the Board is 4 members. ". Division 95 -- Painters' Registration Act 1961 924. The Act amended The amendments in this Division are to the Painters' 10 Registration Act 1961*. [* Reprinted as at 26 February 1999.] 925. Section 14B amended Section 14B(3) is amended by deleting "any other provision of this Act" and inserting instead -- 15 " the Board or the State Administrative Tribunal ". 926. Section 16 amended (1) Section 16(1), (2) and (3) are repealed and the following subsections are inserted instead -- " 20 (1) The Board may allege to the State Administrative Tribunal that disciplinary action should be taken against a registered painter for a reason described in subsection (2). (2) In a proceeding commenced by an allegation under 25 subsection (1) the State Administrative Tribunal may cancel or suspend the registration of any painter under this Act where -- (a) the registration was obtained by fraud or misrepresentation; page 426 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Painters' Registration Act 1961 Division 95 s. 927 (b) the painter has been guilty of fraudulent conduct, negligence or incompetence in carrying out painting; (c) the painter has been convicted of an offence 5 against section 16G; (d) the painter, being a partnership or company or other body corporate, has failed to comply with any provision of section 14B; or (e) the painter, being a partnership, company or 10 other body corporate, has ceased to have registered under this Act at least one partner of the partnership, or one director of the company, or one member of the board of management of the body corporate or a person employed by the 15 partnership, company or body corporate whose duty or part of whose duty it is to manage or supervise painting carried out by such partnership, company or other body corporate. (3) Where the registration under this Act of a partnership, 20 company or body corporate has been cancelled or suspended by the State Administrative Tribunal, the State Administrative Tribunal may, if in all the circumstances of the case it considers it proper so to do and the person whose registration is to be cancelled or 25 suspended has been joined as a party to the proceeding, by order cancel or suspend the registration under this Act of the partner, director, member of the board of management or employee by whom the painting to which the inquiry related was, or was required by this 30 Act to be, managed and supervised. ". 927. Section 16A repealed Section 16A is repealed. page 427 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 95 Painters' Registration Act 1961 s. 928 928. Section 16B replaced Section 16B is repealed and the following section is inserted instead -- " 5 16B. Re-registration of painter (1) On the application of the Board or the painter whose registration has been cancelled or is suspended, the State Administrative Tribunal may order that the suspension of a registration is terminated or a 10 registration that has been cancelled be reinstated. (2) An application for the termination of a suspension or the reinstatement of a registration that was cancelled cannot be made before the expiry of a period of 3 months after the day on which the registration was 15 suspended or cancelled. ". 929. Section 16E amended Section 16E(1)(b) is amended by deleting "a magistrate" and inserting instead -- 20 " the State Administrative Tribunal ". 930. Section 16G amended Section 16G is amended as follows: (a) in paragraph (a) by deleting "appeal was duly brought under section 18 against the making of the order, or 25 where such an appeal was brought but the order was not set aside or varied at the hearing of the appeal" and inserting instead -- " application was duly made under section 18 for a 30 review of the order, or where such an application page 428 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Painters' Registration Act 1961 Division 95 s. 931 was made but the order was not set aside or varied "; (b) in paragraph (b) by deleting "by a magistrate at the 5 hearing of an appeal under section 18 brought against the making" and inserting instead -- " following an application under section 18 for a review 10 ". 931. Section 16H amended (1) Section 16H(1) is amended as follows: (a) by deleting "an appeal" and inserting instead -- " an application "; 15 (b) by deleting "brought against the making" and inserting instead -- " made for a review "; (c) by deleting "the appeal" and inserting instead -- " the application "; 20 (2) Section 16H(2) is amended by deleting "by a magistrate" and inserting instead -- " following an application ". 932. Section 16I amended Section 16I(b) is amended by deleting "(whether or not the 25 Board also conducts a formal inquiry under section 16)". page 429 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 95 Painters' Registration Act 1961 s. 933 933. Section 18 replaced by sections 18, 18A and 18B Section 18 is repealed and the following sections are inserted instead -- " 5 18. Application for review (1) Any person aggrieved by a reviewable decision of the Board may apply to the State Administrative Tribunal for a review of the decision. (2) In subsection (1) -- 10 "person aggrieved" means a person -- (a) whose registration as a painter is affected by a reviewable decision; (b) who applies for registration or re-registration; or 15 (c) against whom an order is made under section 16D or 16E; "reviewable decision" means -- (a) a decision of the Board refusing, cancelling, or suspending registration, or refusing 20 re-registration; or (b) an order of the Board under section 16D or 16E. 18A. Surrender of registration or certificate Despite the surrender by a person of the person's 25 registration, or a certificate issued to the person under this Act, this Act applies, for the purpose of enabling the person to be investigated or otherwise dealt with for a matter arising before the surrender, as if the registration or certificate had not been surrendered. page 430 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Painters' Registration Act 1961 Division 95 s. 934 18B. Suspension of registration by State Administrative Tribunal (1) Where the State Administrative Tribunal makes an order against a registered painter and payment is not 5 made in accordance with the order or the order is otherwise not complied with or is breached, the State Administrative Tribunal may suspend the registration until the payment is made, or for such period or upon such event occurring as the State Administrative 10 Tribunal thinks fit. (2) The power conferred on the State Administrative Tribunal by subsection (1) is in addition to, and does not derogate from, the powers conferred on it by this Act or by the State Administrative Tribunal Act 2003. 15 ". 934. Section 22 amended After section 22(3) the following subsection is inserted -- " (4) In this section-- 20 "penalties" does not include penalties ordered to be paid by the State Administrative Tribunal. ". 935. Section 23B amended After section 23B(1) the following subsection is inserted -- 25 " (1a) The annual report is to include details of -- (a) the number, nature, and outcome, of -- (i) investigations and inquiries undertaken by, or at the direction of, the Board; and page 431 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 96 Pawnbrokers and Second-hand Dealers Act 1994 s. 936 (ii) matters that have been brought before the State Administrative Tribunal by the Board; (b) the number and nature of matters referred to in 5 paragraph (a) that are outstanding; (c) any trends or special problems that may have emerged; (d) forecasts of the workload of the Board in the year after the year to which the report relates; 10 and (e) any proposals for improving the performance of the Board's functions. ". Division 96 -- Pawnbrokers and Second-hand Dealers Act 1994 15 936. The Act amended The amendments in this Division are to the Pawnbrokers and Second-hand Dealers Act 1994*. [* Reprinted as at 6 December 2002.] 937. Section 20 amended 20 Section 20(c) is amended by inserting after "proceedings" -- " commenced ". 938. Section 22 amended (1) Section 22(1) is amended by inserting after "for the decision" -- 25 " and informing the applicant of the right to apply to the State Administrative Tribunal for a review of the decision ". page 432 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Pawnbrokers and Second-hand Dealers Act 1994 Division 96 s. 939 (2) Section 22(2) is amended by inserting after "for the decision" -- " and informing the applicant of the right to apply to the 5 State Administrative Tribunal for a review of the decision ". 939. Section 27 amended (1) Section 27(1) is repealed and the following subsection is 10 inserted instead -- " (1) A licensing officer who is a member of the Police Force may, on receiving a complaint or on the licensing officer's own initiative, make any 15 investigation or inquiry necessary to decide whether an allegation should be made under subsection (2) by that or any other licensing officer. ". (2) Section 27(2) is amended by deleting "exercise a power referred 20 to in subsection (1)" and inserting instead -- " make an allegation to the State Administrative Tribunal that it should take action against a specified licensee under this section 25 ". (3) Section 27(3) and (4) are repealed and the following subsections are inserted instead -- " (3) If the State Administrative Tribunal, on dealing with an 30 allegation under subsection (2), is satisfied that a ground referred to in that subsection has been made out, it may -- (a) suspend a licence for such period as it thinks fit; page 433 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 96 Pawnbrokers and Second-hand Dealers Act 1994 s. 940 (b) revoke a licence; or (c) disqualify a person from holding a licence or from having a licence held on the person's behalf, for such period as the Tribunal thinks fit 5 or permanently. (4) A person whose licence is suspended or revoked by the State Administrative Tribunal, or who is disqualified by the State Administrative Tribunal from holding a licence, is required to deliver the person's licence, if 10 any, to a licensing officer. Penalty: $2 000. ". 940. Part 2 Division 3 heading replaced The heading to Part 2 Division 3 is deleted and the following 15 heading is inserted instead -- " Division 3 -- Review of licensing decisions ". 941. Section 29 repealed 20 Section 29 is repealed. 942. Section 30 amended (1) Section 30(1) is amended by deleting "appeal to a Court within 14 days after receiving notice" and inserting instead -- " 25 apply to the State Administrative Tribunal for a review ". (2) Section 30(2), (3), (4) and (5) are repealed. 943. Section 31 repealed Section 31 is repealed. page 434 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Pawnbrokers and Second-hand Dealers Act 1994 Division 96 s. 944 944. Section 32 amended (1) Section 32(1) is amended as follows: (a) by deleting "clerk of a Court" and inserting instead -- " 5 executive officer of the State Administrative Tribunal "; (b) by deleting "clerk's" and inserting instead -- " executive officer's ". (2) Section 32(2) is amended as follows: 10 (a) by deleting "appeal" and inserting instead -- " application "; (b) by deleting "clerk of the Court" and inserting instead -- " executive officer of the State Administrative Tribunal 15 "; (c) by deleting "and where relevant, any licence that has been delivered up to the Court". 945. Section 33 amended Section 33 is amended as follows: 20 (a) by deleting paragraph (a) and "and" after it and inserting instead -- " (a) an application has been made under this Division for a review; and 25 "; (b) in paragraph (b) by deleting "appeal" and inserting instead -- " application "; (c) by deleting "Court" and inserting instead -- 30 " State Administrative Tribunal ". page 435 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 96 Pawnbrokers and Second-hand Dealers Act 1994 s. 946 946. Section 34 amended Section 34(1)(b) is amended by deleting "impose" and inserting instead -- " order the imposition of ". 5 947. Section 35 amended Section 35 is amended by deleting "the suspension or revocation of, or disqualification in relation to,". 948. Section 73 amended (1) Section 73(1) is amended by deleting the definition of 10 "Tribunal" and inserting instead -- " "Tribunal" means the State Administrative Tribunal; ". (2) Section 73(6) is repealed. 15 949. Section 92 amended (1) Section 92 is amended by inserting before "The" the subsection designation "(1)". (2) At the end of section 92 the following subsection is inserted -- " 20 (2) The Department's annual report is to include details of -- (a) the number, nature, and outcome, of -- (i) investigations and inquiries undertaken for the purposes of this Act by licensing 25 officers; and (ii) matters that have been brought before the State Administrative Tribunal under this Act; page 436 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Pay-roll Tax Assessment Act 2002 Division 97 s. 950 (b) the number and nature of matters referred to in paragraph (a) that are outstanding; (c) any trends or special problems that may have emerged; 5 (d) forecasts of the workload of licensing officers in the year after the year to which the report relates; and (e) any proposals for improving the performance of the functions under this Act of licensing 10 officers. ". 950. Section 93 amended (1) Section 93(1) is amended as follows: (a) by deleting "a court of petty sessions" and inserting 15 instead -- "the State Administrative Tribunal "; (b) by deleting "the court" and inserting instead -- " it ". (2) Section 93(2) is amended by deleting "a court" and inserting 20 instead -- " the State Administrative Tribunal ". Division 97 -- Pay-roll Tax Assessment Act 2002 951. The Act amended The amendments in this Division are to the Pay-roll Tax 25 Assessment Act 2002*. [* Act No. 48 of 2002.] page 437 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 98 Pearling Act 1990 s. 952 952. Section 41 amended Section 41(5) is amended by deleting "non-reviewable" and inserting instead -- " directly reviewable ". 5 Division 98 -- Pearling Act 1990 953. The Act amended The amendments in this Division are to the Pearling Act 1990*. [* Reprinted as at 3 November 2000.] 954. Section 23 amended 10 Section 23(8) is amended by deleting "appeal" and inserting instead -- " review ". 955. Section 31 amended Section 31(1) is amended by deleting paragraph (b) and "or" 15 after it and inserting instead -- " (b) if an application for a review is made under Part 4 against a cancellation under section 30(2) but is then withdrawn, 3 months from the day 20 on which the application is withdrawn; (ba) if, on an application for review made under Part 4 against a cancellation under section 30(2), an order is made by the State Administrative Tribunal that results in the lease 25 remaining cancelled, 3 months after -- (i) the time fixed for applying for leave to appeal from the order under section 104 of the State Administrative Tribunal page 438 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Pearling Act 1990 Division 98 s. 956 Act 2003 has passed without an application having been made; or (ii) leave to appeal has been refused; or (iii) leave to appeal has been granted and the 5 time fixed for instituting an appeal has passed without an appeal having been instituted; or (iv) an appeal has been instituted and has been withdrawn, dismissed or otherwise 10 determined unfavourably; or ". 956. Part 12 heading amended The heading to Part 12 is amended by deleting "Appeals" and 15 inserting instead -- " Review ". 957. Section 33 amended (1) Section 33(1) is amended by deleting ", within 14 days after publication of notice of that decision in the Gazette under 20 section 23(8), appeal against that decision by serving on the Minister a statement in writing of the grounds of that appeal." and inserting instead -- " apply to the State Administrative Tribunal for a review 25 of the decision. ". (2) Section 33(2) is amended by deleting "appeal" and inserting instead -- " review ". page 439 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 98 Pearling Act 1990 s. 958 (3) Section 33(3) is amended by deleting ", within 14 days after receiving notice of a decision under that subsection, appeal against that decision by serving on the Minister a statement in writing of the grounds of that appeal." and inserting instead -- 5 " apply to the State Administrative Tribunal for a review of the decision. ". (4) Section 33(4) is repealed and the following subsection is 10 inserted instead -- " (4) On receiving a copy of an application under subsection (3) the Executive Director shall cause a copy of the application to be given to the body known 15 as the Pearl Producers' Association (Incorporated). ". (5) Section 33(5), (6), (7), (8) and (9) are repealed. 958. Section 34 amended Section 34 is amended as follows: 20 (a) by inserting after "in this Act" -- " or the State Administrative Tribunal Act 2003 "; (b) by deleting "appeal under this Part from" and inserting instead -- " application under this Part for a review of ". 25 959. Schedule 2 amended Schedule 2 item 10 is amended by inserting after "this Act," -- " other than fees for applications to the State Administrative Tribunal, 30 ". page 440 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Perth Parking Management Act 1999 Division 99 s. 960 Division 99 -- Perth Parking Management Act 1999 960. The Act amended The amendments in this Division are to the Perth Parking Management Act 1999*. 5 [* Act No. 14 of 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 288.] 961. Section 17 amended (1) Section 17(1) and (2) are each amended by deleting "Minister" 10 and inserting instead -- " State Administrative Tribunal ". (2) Section 17(3) and (4) are repealed. Division 100 -- Petroleum (Submerged Lands) Act 1982 962. The Act amended 15 The amendments in this Division are to the Petroleum (Submerged Lands) Act 1982*. [* Reprinted as at 6 August 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 293 and 20 Act No. 20 of 2003.] 963. Section 87 amended (1) Section 87(1) is amended by inserting after "courts" -- " and tribunals ". (2) Section 87(2) and (3) are each amended by inserting after 25 "courts" -- " , tribunals ". page 441 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 100 Petroleum (Submerged Lands) Act 1982 s. 964 964. Section 88 amended (1) Section 88(1) is amended as follows: (a) by deleting "The Supreme Court may on the application of a" and inserting instead -- 5 " A "; (b) by deleting "make such order as it" and inserting instead -- " may apply to the State Administrative Tribunal in its 10 original jurisdiction for such order as the Tribunal ". (2) Section 88(2), (3) and (4) are each amended by deleting "Supreme Court" and inserting instead -- " Tribunal ". 15 965. Section 92 amended (1) Section 92(1) is amended by deleting "appeal to the Supreme Court against" and inserting instead -- " apply to the State Administrative Tribunal for a review 20 of ". (2) Section 92(2) is repealed. page 442 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Petroleum Act 1967 Division 101 s. 967 Division 101 -- Petroleum Act 1967 966. The Act amended The amendments in this Division are to the Petroleum Act 1967*. 5 [* Reprinted as at 14 January 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 290 and Act No. 20 of 2003.] 967. Section 12 amended 10 Section 12(4) is amended as follows: (a) by deleting "Compensation Court" and inserting instead -- " State Administrative Tribunal "; (b) by deleting "the Court" and inserting instead -- 15 " the Tribunal ". 968. Section 81 amended (1) Section 81(1) is amended by inserting after "courts" -- " and tribunals ". (2) Section 81(2) and (3) are each amended by inserting after 20 "courts" -- " , tribunals ". 969. Section 82 amended (1) Section 82(1) is amended as follows: (a) by deleting "The Supreme Court may, on the application 25 of a" and inserting instead -- " A "; page 443 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 102 Petroleum Pipelines Act 1969 s. 970 (b) by deleting "make such order as it" and inserting instead -- " may apply to the State Administrative Tribunal in its 5 original jurisdiction for such order as the Tribunal ". (2) Section 82(2), (3) and (4) are each amended by deleting "Supreme Court" and inserting instead -- " Tribunal ". 10 970. Section 85 amended (1) Section 85(2) is amended by deleting "appeal to the Supreme Court against" and inserting instead -- " apply to the State Administrative Tribunal for a review 15 of ". (2) Section 85(3) is repealed. Division 102 -- Petroleum Pipelines Act 1969 971. The Act amended 20 The amendments in this Division are to the Petroleum Pipelines Act 1969*. [* Reprinted as at 12 May 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 291 and 25 Act No. 20 of 2003.] page 444 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Petroleum Retailers Rights and Liabilities Act 1982 Division 103 s. 972 972. Section 54 amended (1) Section 54(1) is amended as follows: (a) by deleting "The Supreme Court may, on the application of a" and inserting instead -- 5 " A "; (b) by deleting "make such order as it" and inserting instead -- " may apply to the State Administrative Tribunal in its 10 original jurisdiction for such order as the Tribunal ". (2) Section 54(2), (3) and (4) are each amended by deleting "Supreme Court" and inserting instead -- " Tribunal ". 15 Division 103 -- Petroleum Retailers Rights and Liabilities Act 1982 973. The Act amended The amendments in this Division are to the Petroleum Retailers Rights and Liabilities Act 1982*. 20 [* Reprinted as at 22 November 2002.] 974. Section 5 amended (1) Section 5(4c)(a) is amended as follows: (a) by deleting "appeal against" and inserting instead -- " application for a review of "; 25 (b) by deleting "appeal having" and inserting instead -- " application having ". page 445 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 103 Petroleum Retailers Rights and Liabilities Act 1982 s. 974 (2) Section 5(4c)(b) is amended as follows: (a) by deleting "appeal against" and inserting instead -- " application for a review of "; (b) by deleting "appeal has" and inserting instead -- 5 " application has ". (3) After section 5(4c) the following subsection is inserted -- " (4d) For the purposes of subsection (4c), an application is not finally disposed of until -- 10 (a) the time fixed for applying for leave to appeal under section 104 of the State Administrative Tribunal Act 2003 has passed without an application having been made; or (b) leave to appeal has been refused; or 15 (c) leave to appeal has been granted and the time fixed for instituting an appeal has passed without an appeal having been instituted; or (d) an appeal has been instituted and has been withdrawn or finally disposed of. 20 ". (4) Section 5(10) is amended by deleting all of the subsection after "may" and inserting instead -- " apply to the State Administrative Tribunal for a review 25 of the determination within 7 days of that determination. ". page 446 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Pharmacy Act 1964 Division 104 s. 975 Division 104 -- Pharmacy Act 1964 975. The Act amended The amendments in this Division are to the Pharmacy Act 1964*. 5 [* Reprinted as at 29 January 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 294 and Acts Nos. 9 and 20 of 2003.] 976. Section 16C amended 10 After section 16C(1) the following subsection is inserted -- " (1a) The Council's annual report is to include details of -- (a) the number, nature, and outcome, of -- (i) investigations and inquiries undertaken 15 by, or at the direction of, the Council; and (ii) matters that have been brought before the State Administrative Tribunal by the Council; 20 (b) the number and nature of matters referred to in paragraph (a) that are outstanding; (c) any trends or special problems that may have emerged; (d) forecasts of the workload of the Council in the 25 year after the year to which the report relates; and (e) any proposals for improving the operation of the Council. ". page 447 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 104 Pharmacy Act 1964 s. 977 977. Sections 17 and 18 repealed Sections 17 and 18 are repealed. 978. Section 22 amended Section 22(3) is amended by deleting "appeal against such 5 refusal in the manner prescribed by section 27 and the regulations to a Judge of the Supreme Court." and inserting instead -- " apply to the State Administrative Tribunal for a review 10 of the refusal. ". 979. Section 23 amended Section 23(4) is amended by deleting "appeal against the decision of the Council in the manner prescribed by section 27 15 and the regulations to a Judge of the Supreme Court." and inserting instead -- " apply to the State Administrative Tribunal for a review of the refusal. 20 ". 980. Section 26 amended (1) Section 26(3) is amended by deleting "appeal against the decision of the Council in the manner prescribed by section 27 and the regulations to a Judge of the Supreme Court." and 25 inserting instead -- " apply to the State Administrative Tribunal for a review of the decision. ". page 448 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Pharmacy Act 1964 Division 104 s. 981 (2) Section 26(5) is repealed and the following subsection is inserted instead -- " (5) If a registered pharmaceutical chemist is convicted of 5 an offence under subsection (1) the Council may refer the matter to the State Administrative Tribunal and the Tribunal may order that his name be erased from the register for such period and subject to such conditions as the Tribunal may specify in the order. 10 ". 981. Section 27 repealed Section 27 is repealed. 982. Sections 31A to 31F inserted After section 31 the following sections are inserted -- 15 " 31A. Investigator (1) The Council may appoint a person to investigate a matter relevant to the performance of the Council's functions under this Act and report to the Council. 20 (2) The Council is to issue to each investigator it appoints a certificate of appointment in an approved form. (3) A certificate purporting to have been issued under this section is evidence in any court of the appointment to which the certificate purports to relate. 25 31B. Report of investigator (1) An investigator must -- (a) within such period as the Council requires prepare a report on the investigation, and make recommendations as to the manner in which the 30 matter should be dealt with; and page 449 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 104 Pharmacy Act 1964 s. 982 (b) immediately after preparing the report, provide the Council with a copy of the report. (2) The investigator must return his certificate of appointment at the time the Council is provided with a 5 copy of the report. 31C. Powers of investigator (1) An investigator may for the purposes of an investigation -- (a) enter and inspect the premises of a person 10 named in a warrant issued under section 31E(1), and exercise the powers referred to in section 31E(2)(b) and (c); (b) require a person to produce to the investigator any document or other thing concerning the 15 investigation that is in the possession or under the control of the person; (c) inspect any document or other thing produced to the investigator and retain it for such reasonable period as the investigator thinks fit, 20 and make copies of a document or any of its contents; (d) require a person -- (i) to give the investigator such information as the investigator requires; and 25 (ii) to answer any question put to that person, in relation to the matter the subject of the investigation; and (e) exercise other powers conferred on an 30 investigator by the regulations. page 450 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Pharmacy Act 1964 Division 104 s. 982 (2) A requirement made under subsection (1)(b) -- (a) must be made by notice in writing given to the person required to produce the document or other thing; 5 (b) must specify the time at or within which the document or other thing is to be produced; (c) may, by its terms, require that the document or other thing required be produced at a place and by means specified in the requirement; and 10 (d) where the document required is not in a readable format, must be treated as a requirement to produce -- (i) the document itself; and (ii) the contents of the document in a 15 readable format. (3) A requirement made under subsection (1)(d) -- (a) may be made orally or by notice in writing served on the person required to give information or answer a question, as the case 20 may be; (b) must specify the time at or within which the information is to be given or the question is to be answered, as the case may be; and (c) may, by its terms, require that the information 25 or answer required -- (i) be given orally or in writing; (ii) be given at or sent or delivered to a place specified in the requirement; (iii) in the case of written information or 30 answers be sent or delivered by means specified in the requirement; and (iv) be verified by statutory declaration. page 451 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 104 Pharmacy Act 1964 s. 982 (4) If under subsection (1)(d) an investigator requires a person to give information or answer a question, the investigator must inform that person that the person is required under this Act to give the information or 5 answer the question. (5) An investigator must produce his certificate of appointment if requested to do so by a person in respect of whom the investigator has exercised, or is about to exercise, a power under this section. 10 31D. Warrant to enter premises (1) If the Council has determined in a particular case that an investigator has reasonable grounds for believing that entry to premises is necessary for the purpose of an investigation, the investigator may apply to a 15 magistrate for a warrant to be issued in respect of those premises. (2) An application for a warrant must -- (a) be in writing; (b) be accompanied by a notice in writing from the 20 Council stating that it has determined in the particular case that the investigator has reasonable grounds for believing that entry to premises is necessary for the purpose of the investigation; 25 (c) set out the grounds for seeking the warrant; and (d) describe the premises that are to be entered. (3) A magistrate to whom an application is made under this section must refuse it if -- (a) the application does not comply with the 30 requirements of this Act; or page 452 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Pharmacy Act 1964 Division 104 s. 982 (b) when required to do so by the magistrate, the investigator does not give to the magistrate more information about the application. (4) The information in an application or given to a 5 magistrate under this section must be verified before the magistrate on oath or affirmation or by affidavit, and the magistrate may for that purpose administer an oath or affirmation or take an affidavit. 31E. Issue of warrant 10 (1) A magistrate to whom an application is made under section 31D may issue a warrant, if satisfied that there are reasonable grounds for believing that entry and inspection of the premises are necessary for the purpose referred to in that section. 15 (2) A warrant under subsection (1) authorises the investigator -- (a) to enter and inspect the premises named in the warrant; (b) to require a person on the premises to answer 20 questions or produce documents or other things in the person's possession concerning the investigation; and (c) to inspect documents and other things, and take copies of or extracts from documents, produced 25 in compliance with a requirement made under paragraph (b). (3) There must be stated in a warrant -- (a) the purpose for which the warrant is issued; (b) the name of the person to whom the warrant is 30 issued; and (c) a description of the premises that may be entered. page 453 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 104 Pharmacy Act 1964 s. 983 (4) A magistrate who issues a warrant must cause a record to be made of particulars of the grounds that the magistrate has relied on to justify the issue of the warrant. 5 31F. Execution of warrant (1) If asked by the occupier or a person in charge of the premises, the person executing a warrant must produce it for inspection. (2) A warrant ceases to have effect -- 10 (a) at the end of the period of one month after its issue; (b) if it is withdrawn by the magistrate who issued it; or (c) when it is executed, 15 whichever occurs first. ". 983. Section 32 replaced Section 32 is repealed and the following section is inserted instead -- 20 " 32. Disciplinary matters (1) There is proper cause for disciplinary action if a pharmaceutical chemist, company or friendly society -- 25 (a) has been convicted of an offence that renders that person, company or friendly society unfit to continue to be engaged in carrying on the practice of a pharmaceutical chemist; (b) being a pharmaceutical chemist, is by reason of 30 mental or physical incapacity, alcohol, or page 454 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Pharmacy Act 1964 Division 104 s. 983 addiction to any deleterious drug unfit to continue to practise; (c) is guilty of carelessness, incompetence, impropriety, misconduct or infamous conduct 5 in a professional respect; (d) is guilty of the breach of an undertaking given by or on behalf of that party pursuant to previous proceedings commenced under this section; or 10 (e) is guilty of contravening the regulations relating to advertising. (2) The Council may allege to the State Administrative Tribunal that there is proper cause for disciplinary action, as mentioned in subsection (1), against a 15 pharmaceutical chemist, company or friendly society. (3) If in a proceeding commenced by an allegation under this section the State Administrative Tribunal is of the opinion that proper cause exists for disciplinary action, the Tribunal may -- 20 (a) where that person is a pharmaceutical chemist, -- (i) order that his name be erased from the register; (ii) order that for such period as is specified 25 in the order, not being a period in excess of 3 years, he be prohibited from carrying on the practice of a pharmaceutical chemist, and that his licence be accordingly suspended; 30 (iii) impose on him a fine not exceeding $500; or (iv) censure him; page 455 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 104 Pharmacy Act 1964 s. 984 (b) in the case of a company or friendly society -- (i) impose on it a fine not exceeding $500; or (ii) censure it; 5 and (c) in any case -- (i) by order require any party to the proceedings to give an undertaking to the Council in such terms as the 10 Tribunal specifies in the order, either personally or in the case of a company or friendly society under the hand of a proper officer; and (ii) by order impose or vary any condition 15 in relation to a licence or registration. ". 984. Section 32B replaced Section 32B is repealed and the following section is inserted instead -- 20 " 32B. Appeals in disciplinary matters A person, company or friendly society that is aggrieved by the peremptory suspension of a licence or registration under section 32A may apply to the State 25 Administrative Tribunal for a review of the decision. ". 985. Section 33 amended (1) Section 33(1) and (2) are each amended by deleting "section 32" and inserting instead -- 30 " an order of the State Administrative Tribunal ". page 456 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Physiotherapists Act 1950 Division 105 s. 986 (2) Section 33(3) is amended by deleting "section 32 or 32A" and inserting instead -- " an order of the State Administrative Tribunal or 5 section 32A ". 986. Section 47 amended Section 47(2) is amended as follows: (a) in paragraph (j) by deleting "this Act" and inserting 10 instead -- " section 40A(3) "; (b) in paragraph (k) by deleting "32,". Division 105 -- Physiotherapists Act 1950 987. The Act amended 15 The amendments in this Division are to the Physiotherapists Act 1950*. [* Reprinted as at 12 October 2001.] 988. Section 7C amended After section 7C(1) the following subsection is inserted -- 20 " (1a) The Board's annual report is to include details of -- (a) the number, nature, and outcome, of -- (i) investigations and inquiries undertaken by, or at the direction of, the Board; and 25 (ii) matters that have been brought before the State Administrative Tribunal by the Board; (b) the number and nature of matters referred to in paragraph (a) that are outstanding; page 457 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 105 Physiotherapists Act 1950 s. 989 (c) any trends or special problems that may have emerged; (d) forecasts of the workload of the Board in the year after the year to which the report relates; 5 and (e) any proposals for improving the operation of the Board. ". 989. Section 8 amended 10 Section 8(1)(d) is amended by deleting "and the holding of an inquiry by the Board into the charge or complaint". 990. Sections 10A to 10F inserted After section 10 the following sections are inserted -- " 15 10A. Investigator (1) The Board may appoint a person to investigate any matter relevant to the performance of the Board's functions under this Act and report to the Board. (2) The Board is to issue to each investigator it appoints a 20 certificate of appointment in an approved form. (3) A certificate purporting to have been issued under this section is evidence in any court of the appointment to which the certificate purports to relate. 10B. Report of investigator 25 (1) An investigator must -- (a) within such period as the Board requires prepare a report on the investigation; and (b) immediately after preparing the report, provide the Board with a copy of the report. page 458 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Physiotherapists Act 1950 Division 105 s. 990 (2) The investigator must return his certificate of appointment at the time the Board is provided with a copy of the report. 10C. Powers of investigator 5 (1) An investigator may for the purposes of an investigation -- (a) enter and inspect the premises of a person named in a warrant issued under section 10E(1), and exercise the powers 10 referred to in section 10E(2)(b) and (c); (b) require a person to produce to the investigator any document or other thing concerning the investigation that is in the possession or under the control of the person; 15 (c) inspect any document or other thing produced to the investigator and retain it for such reasonable period as the investigator thinks fit, and make copies of a document or any of its contents; 20 (d) require a person -- (i) to give the investigator such information as the investigator requires; and (ii) to answer any question put to that person, 25 in relation to the matter the subject of the investigation; and (e) exercise other powers conferred on an investigator by the regulations. (2) A requirement made under subsection (1)(b) -- 30 (a) must be made by notice in writing given to the person required to produce the document or other thing; page 459 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 105 Physiotherapists Act 1950 s. 990 (b) must specify the time at or within which the document or other thing is to be produced; (c) may, by its terms, require that the document or other thing required be produced at a place and 5 by means specified in the requirement; and (d) where the document required is not in a readable format, must be treated as a requirement to produce -- (i) the document itself; and 10 (ii) the contents of the document in a readable format. (3) A requirement made under subsection (1)(d) -- (a) may be made orally or by notice in writing served on the person required to give 15 information or answer a question, as the case may be; (b) must specify the time at or within which the information is to be given or the question is to be answered, as the case may be; and 20 (c) may, by its terms, require that the information or answer required -- (i) be given orally or in writing; (ii) be given at or sent or delivered to a place specified in the requirement; 25 (iii) in the case of written information or answers be sent or delivered by means specified in the requirement; and (iv) be verified by statutory declaration. (4) If under subsection (1)(d) an investigator requires a 30 person to give information or answer a question, the investigator must inform that person that the person is required under this Act to give the information or answer the question. page 460 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Physiotherapists Act 1950 Division 105 s. 990 (5) An investigator must produce his certificate of appointment if requested to do so by a person in respect of whom the investigator has exercised, or is about to exercise, a power under this section. 5 10D. Warrant to enter premises (1) If the Board has determined in a particular case that an investigator has reasonable grounds for believing that entry to premises is necessary for the purpose of substantiating a complaint that may involve a threat to 10 the physical or mental health of a person the investigator may apply to a magistrate for a warrant to be issued in respect of those premises. (2) An application for a warrant must -- (a) be in writing; 15 (b) be accompanied by a notice in writing from the Board stating that it has determined in the particular case that the investigator has reasonable grounds for believing that entry to premises is necessary for the purpose of 20 substantiating a complaint that may involve a threat to the physical or mental health of a person; (c) set out the grounds for seeking the warrant; and (d) describe the premises that are to be entered. 25 (3) A magistrate to whom an application is made under this section must refuse it if -- (a) the application does not comply with the requirements of this Act; or (b) when required to do so by the magistrate, the 30 investigator does not give to the magistrate more information about the application. page 461 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 105 Physiotherapists Act 1950 s. 990 (4) The information in an application or given to a magistrate under this section must be verified before the magistrate on oath or affirmation or by affidavit, and the magistrate may for that purpose administer an 5 oath or affirmation or take an affidavit. 10E. Issue of warrant (1) A magistrate to whom an application is made under section 10D may issue a warrant, if satisfied that there are reasonable grounds for believing that entry and 10 inspection of the premises are necessary for the purpose referred to in that section. (2) A warrant under subsection (1) authorises the investigator -- (a) to enter and inspect the premises named in the 15 warrant; (b) to require a person on the premises to answer questions or produce documents or other things in the person's possession concerning the investigation; and 20 (c) to inspect documents and other things, and take copies of or extracts from documents, produced in compliance with a requirement made under paragraph (b). (3) There must be stated in a warrant -- 25 (a) the purpose for which the warrant is issued; (b) the name of the person to whom the warrant is issued; and (c) a description of the premises that may be entered. 30 (4) A magistrate who issues a warrant must cause a record to be made of particulars of the grounds that the magistrate has relied on to justify the issue of the warrant. page 462 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Pig Industry Compensation Act 1942 Division 106 s. 991 10F. Execution of warrant (1) If asked by the occupier or a person in charge of the premises, the person executing a warrant must produce it for inspection. 5 (2) A warrant ceases to have effect -- (a) at the end of the period of one month after its issue; (b) if it is withdrawn by the magistrate who issued it; or 10 (c) when it is executed, whichever occurs first. ". 991. Section 16 amended After section 16(a) the following paragraph is inserted -- 15 " (aa) for regulating the making of allegations in respect of disciplinary matters by the Board to the State Administrative Tribunal and specifying the penalties that may be imposed 20 and disciplinary action, including suspending or cancelling the registration of a physiotherapist, that may be taken by the State Administrative Tribunal in dealing with an allegation; ". 25 Division 106 -- Pig Industry Compensation Act 1942 992. The Act amended The amendments in this Division are to the Pig Industry Compensation Act 1942*. [* Reprinted as at 21 June 2002.] page 463 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 107 Plant Diseases Act 1914 s. 993 993. Section 8 amended (1) Section 8(3) is amended by deleting all of the subsection after "owner may" and inserting instead -- " 5 apply to the State Administrative Tribunal for a review of such valuation. ". (2) After section 8(3) the following subsection is inserted -- " 10 (3a) The State Administrative Tribunal may order that all or any of its costs of obtaining the assistance of an expert in determining a value under this section are to be paid from the Fund, and section 13(3) applies to the payment of an amount ordered to be paid as if it were 15 towards payment of a claim for compensation. ". Division 107 -- Plant Diseases Act 1914 994. The Act amended The amendments in this Division are to the Plant Diseases 20 Act 1914*. [* Reprinted as at 21 December 2001.] 995. Section 18 amended (1) Section 18(1) is amended by deleting "and subject to an appeal to". 25 (2) After section 18(3) the following subsection is inserted -- " (4) The occupier or owner on whom an inspector serves a notice under subsection (1) may apply to the State Administrative Tribunal for a review of the inspector's 30 decision to serve the notice. ". page 464 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Plant Pests and Diseases (Eradication Funds) Act 1974 Division 108 s. 996 996. Section 22 amended (1) Section 22(5) is amended by deleting "appeal to the Minister in the prescribed manner to review "and inserting instead -- " apply to the State Administrative Tribunal for a review of ". 5 (2) Section 22(6) is repealed. (3) Section 22(7) is amended by deleting "Without limiting subsection (6) the lodging of an appeal with the Minister" and inserting instead -- " The making of an application ". 10 Division 108 -- Plant Pests and Diseases (Eradication Funds) Act 1974 997. The Act amended The amendments in this Division are to the Plant Pests and Diseases (Eradication Funds) Act 1974*. 15 [* Reprinted as at 30 July 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 299.] 998. Section 13 amended Section 13(6) is amended by deleting "appeal to a local court 20 constituted under the Local Courts Act 1904, and the decision of the court is final." and inserting instead -- " apply to the State Administrative Tribunal for a determination of the value. 25 ". page 465 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 109 Podiatrists Registration Act 1984 s. 999 Division 109 -- Podiatrists Registration Act 1984 999. The Act amended The amendments in this Division are to the Podiatrists Registration Act 1984*. 5 [* Reprint 1 as at 11 April 2003.] 1000. Section 8 amended (1) Section 8(1) is amended as follows: (a) in paragraph (e) by inserting after "under this Act" -- " 10 , other than the commencement of a proceeding before the State Administrative Tribunal "; (b) in paragraph (g) by deleting ", and the conduct of the inquiry by the Board into such charge or complaint". 15 1001. Section 16 amended Section 16(1) is amended by inserting after "subject of investigation" -- " or a disciplinary proceeding before the State 20 Administrative Tribunal commenced under this Act ". 1002. Section 22 amended Section 22(3) is repealed and the following subsection is inserted instead -- 25 " (3) On the application of the Board or the person suspended, the State Administrative Tribunal may order that the suspension of a person from the practice of podiatry is terminated either generally or to a 30 specified extent. ". page 466 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Podiatrists Registration Act 1984 Division 109 s. 1003 1003. Section 27A amended After section 27A(1) the following subsection is inserted -- " (1a) The Board's annual report is to include details of -- 5 (a) the number, nature, and outcome, of -- (i) investigations and inquiries undertaken by, or at the direction of, the Board; and (ii) matters that have been brought before the State Administrative Tribunal by the 10 Board; (b) the number and nature of matters referred to in paragraph (a) that are outstanding; (c) any trends or special problems that may have emerged; 15 (d) forecasts of the workload of the Board in the year after the year to which the report relates; and (e) any proposals for improving the operation of the Board. 20 ". 1004. Section 28 amended (1) Section 28(1) is amended as follows: (a) by deleting "Where the Board, after an inquiry of the kind referred to in section 31, is satisfied --" and 25 inserting instead -- " There is proper cause for disciplinary action in respect of a person registered under this Act if -- "; 30 (b) in paragraph (a) by deleting "that the registration of a" and inserting instead -- " the registration of the "; page 467 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 109 Podiatrists Registration Act 1984 s. 1004 (c) by deleting paragraph (b) and inserting instead -- " (b) the person has been convicted of an offence that renders him unfit to practise as a podiatrist; 5 "; (d) in paragraph (c) by deleting "that" where it first occurs; (e) in paragraph (c) by deleting "name of a person has ceased" and inserting instead -- " name of the person has ceased "; 10 (f) in paragraph (c) by deleting "in the opinion of the Board"; (g) in paragraph (d) by deleting "that a" and inserting instead -- " the "; 15 (h) in paragraph (e) by deleting "that a" and inserting instead -- " the "; (i) in paragraph (e) by deleting the comma and instead inserting a full stop; 20 (j) by deleting "the Board may order that his name shall be struck off the Register and the Registrar shall comply with the order of the Board.". (2) After section 28(1) the following subsections are inserted -- " 25 (1a) The Board may allege to the State Administrative Tribunal that there is proper cause for disciplinary action, as mentioned in subsection (1), against a person registered under this Act. (1b) If in a proceeding commenced by an allegation under 30 this section against a person registered under this Act, the State Administrative Tribunal is of the opinion that proper cause exists for disciplinary action the Tribunal page 468 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Podiatrists Registration Act 1984 Division 109 s. 1005 may order that the name of the person be struck off the Register. ". (3) Section 28(2) is amended as follows: 5 (a) by deleting "Where after an inquiry of the kind referred to in section 31, the Board considers that a matter does not in the public interest require that the name of the person concerned should be struck off the Register, the Board may --" and inserting instead -- 10 " Where the State Administrative Tribunal considers that a matter does not in the public interest require that the name of the person concerned be struck off the Register, the Tribunal may -- 15 "; (b) in paragraph (b) by deleting "to the Board"; (c) by deleting paragraph (c) and inserting instead -- " (c) deal with that person in the manner described in 20 paragraph (d), (e), or (f) of section 28A(1). ". (4) Section 28(3) to (5) are repealed. 1005. Section 28A inserted After section 28 the following section is inserted -- 25 " 28A. Alternative to bringing proceeding (1) Instead of making an allegation to the State Administrative Tribunal, if the Board -- (a) is of the opinion that a proceeding before the 30 Tribunal is not warranted by the nature of the allegations; page 469 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 109 Podiatrists Registration Act 1984 s. 028A (b) has afforded to the person concerned the opportunity of giving an explanation to the Board either in person or in writing and is not satisfied by any explanation offered; and 5 (c) has afforded to the person concerned the option of the matter proceeding before the Tribunal and that option has not been taken up, the Board may -- (d) order that the particulars entered in the Register 10 in relation to that person be amended; (e) censure that person; (f) require that person to give an undertaking, either with or without security, for such period as is specified -- 15 (i) in relation to his future conduct as a podiatrist; or (ii) to comply with such conditions as are specified in relation to his practice; or (g) order that person to pay to the Board a penalty 20 not exceeding $250. (2) The Board may, in addition to or instead of imposing one or more of the penalties specified in subsection (1), order the person concerned to pay such costs and expenses of or incidental to the proceedings as the 25 Board thinks fit. (3) Where any penalty, costs or expenses are ordered to be paid under this section the amount ordered to be paid shall be recoverable in any court of competent jurisdiction as a debt due to the Board. 30 ". page 470 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Podiatrists Registration Act 1984 Division 109 s. 1006 1006. Section 29 replaced Section 29 is repealed and the following section is inserted instead -- " 5 29. Breach of undertaking (1) Where the Board is satisfied that a person who has given an undertaking to the Board under section 28A has at any time during the currency of the undertaking been in breach of that undertaking, or failed to comply 10 with any condition imposed, the Board may refer the matter to the State Administrative Tribunal. (2) The State Administrative Tribunal may, with or without discharging the person from any obligation under the undertaking, impose on him -- 15 (a) a penalty or suspension that the State Administrative Tribunal could have imposed in a proceeding in respect of the original matter as a consequence of which he was required to give the undertaking; and 20 (b) whether or not imposing a penalty or suspension in relation to the original matter, a penalty in relation to the conduct or omission giving rise to the breach of the undertaking or the failure to comply with the conditions. 25 ". 1007. Section 30 repealed Section 30 is repealed. page 471 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 109 Podiatrists Registration Act 1984 s. 1008 1008. Section 31 replaced by sections 31 to 31C Sections 31 is repealed and the following sections are inserted instead -- " 5 31. Powers of investigation (1) The Board may make any inquiry that the Board considers necessary or expedient for the purposes of -- (a) determining any application or any other matter before the Board; 10 (b) determining whether or not a person registered under this Act is or has been acting in conformity with the conditions, if any, of his registration and is or has been complying with the requirements of this Act; 15 (c) determining whether any other cause exists that might be considered by the Board a proper cause for disciplinary action; (d) detecting offences against this Act. (2) The Board may appoint an investigator to carry out an 20 inquiry and report to the Board under this section. (3) The investigator may -- (a) require any person -- (i) to give the investigator such information as the investigator requires; and 25 (ii) to answer any question put to the person, in relation to any matter the subject of such inquiry; (b) require any person to produce any document to 30 the investigator; page 472 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Podiatrists Registration Act 1984 Division 109 s. 1008 (c) enter at all reasonable times and search any premises and inspect any documents that the investigator finds on the premises; and (d) make a copy or abstract of any document 5 produced or inspected under this section, or of any entry made in the document. (4) A requirement made under subsection (3)(a) -- (a) may be made orally or by notice in writing served on the person required to give 10 information or answer a question, as the case may be; (b) shall specify the time at or within which the information is to be given or the question is to be answered, as the case may be; and 15 (c) may, by its terms, require that the information or answer required -- (i) be given orally or in writing; (ii) be given at or sent or delivered to any place specified in the requirement; 20 (iii) in the case of written information or answers, be sent or delivered by any means specified in the requirement; and (iv) be given on oath or affirmation or by statutory declaration for which purpose 25 the investigator may administer an oath or affirmation and have the authority of a commissioner for declarations. (5) A requirement made under subsection (3)(b) -- (a) shall be made by notice in writing served on the 30 person required to produce a document; (b) shall specify the time at or within which the document is to be produced; and page 473 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 109 Podiatrists Registration Act 1984 s. 1008 (c) may, by its terms, require that the document be produced -- (i) at any place specified in the requirement; and 5 (ii) by any means specified in the requirement. (6) Where under subsection (3)(a) an investigator orally requires a person to give any information or answer any question, the investigator shall inform that person 10 that he is required under this Act to give the information or answer the question, as the case may be. (7) Where under subsection (3)(a) or (b) a person is required by notice in writing to give any information, answer any question, or produce any document, the 15 notice shall state that he is required under this Act to give the information, answer the question, or produce the document, as the case may be. (8) Before entering any premises under this section the investigator -- 20 (a) shall obtain a warrant to do so from a magistrate or Justice of the Peace which warrant the magistrate or Justice of the Peace is authorised to issue upon being satisfied that the entry is sought in good faith for the purpose of 25 carrying out an inquiry under this section; and (b) shall display to the person, if any, giving the investigator entry, a document executed by the Board and certifying that the person is an investigator appointed by the Board. page 474 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Podiatrists Registration Act 1984 Division 109 s. 1008 31A. Incriminating information, questions, or documents Without prejudice to the provisions of section 11 of the Evidence Act 1906, where under section 31 a person is required to -- 5 (a) give any information; (b) answer any question; or (c) produce any document, the person shall not refuse to comply with that requirement on the ground that the information, 10 answer, or document may tend to incriminate the person or render the person liable to any penalty, but the information or answer given, or document produced, by the person shall not be admissible in evidence in any proceedings against the person other 15 than proceedings in respect of an offence against section 31B(1)(b). 31B. Failure to comply with investigation (1) Where under section 31 a person is required to give any information, answer any question, or produce any 20 document and that person, without reasonable excuse (proof of which shall lie on him) -- (a) fails to give that information or answer that question at or within the time specified in the requirement; 25 (b) gives any information or answer that is false in any particular; or (c) fails to produce that document at or within the time specified in the requirement, the person commits an offence. 30 Penalty: $2 000. page 475 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 109 Podiatrists Registration Act 1984 s. 1008 (2) It is a defence in any proceeding for an offence under subsection (1)(a) or (c) for the defendant to show -- (a) that, in the case of an alleged offence arising out of a requirement made orally under 5 section 31, the investigator did not, when making the requirement, inform the defendant that he was required under this Act to give the information or answer the question, as the case may be; 10 (b) that, in the case of an alleged offence arising out of a requirement made by notice in writing under section 31, the notice did not state that he was required under this Act to give the information, answer the question, or produce 15 the document, as the case may be; (c) that the time specified in the requirement did not afford the defendant sufficient notice to enable him to comply with the requirement; or (d) that, in any case, the investigator did not, before 20 making the requirement, have reasonable grounds to believe that compliance with the requirement would materially assist in the inquiry being carried out. 31C. Obstruction of investigator 25 A person shall not prevent or attempt to prevent an investigator from entering premises or otherwise obstruct or impede an investigator in the exercise of his powers under section 31. Penalty: $2 000. 30 ". page 476 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Podiatrists Registration Act 1984 Division 109 s. 1009 1009. Section 32 amended Section 32(c) is deleted and the following paragraph is inserted instead -- " 5 (c) makes any order or takes any other action against a person under section 28A, ". 1010. Section 33 replaced Section 33 is repealed and the following section is inserted 10 instead -- " 33. Review A person aggrieved by an order of the Board, or by the refusal of an application to the Board for registration or 15 restoration to the Register, or by any limitation, restriction or condition imposed, may apply to the State Administrative Tribunal for a review of the decision. ". 1011. Section 34 amended 20 (1) Section 34(1) is repealed and the following subsection is inserted instead -- " (1) Subject to subsection (2), where under the law of a place outside the State an order is made against a 25 person similar in kind to an order which the Board has power to make under this Act or the State Administrative Tribunal can make in the exercise of jurisdiction conferred on it by this Act, the Board may make a like order to take effect in the State for a period 30 not extending beyond the period of the order made under the law of that place. ". page 477 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 110 Poisons Act 1964 s. 1012 (2) Section 34(2) is amended by deleting "and had failed to satisfy the board or authority thereon". 1012. Section 35 amended Section 35(1) is amended by deleting ", inquiry or findings 5 before or" and inserting instead -- " before, or findings by, ". 1013. Section 38 amended Section 38(d) is amended by deleting ", or any inquiry or disciplinary proceedings held by or on behalf of the Board". 10 Division 110 -- Poisons Act 1964 1014. The Act amended The amendments in this Division are to the Poisons Act 1964*. [* Reprinted as at 22 January 1999. For subsequent amendments see Western Australian 15 Legislation Information Tables for 2002, Table 1, p. 300 and Act No. 9 of 2003.] 1015. Section 29 amended (1) Section 29(1) is amended by deleting "appeal against the same to a stipendiary magistrate sitting as a court of summary 20 jurisdiction." and inserting instead -- " apply to the State Administrative Tribunal for a review of the refusal or order. ". 25 (2) Section 29(2) and (3) are repealed. 1016. Section 64 amended Section 64(2)(k) is deleted. page 478 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Psychologists Registration Act 1976 Division 111 s. 1018 Division 111 -- Psychologists Registration Act 1976 1017. The Act amended The amendments in this Division are to the Psychologists Registration Act 1976*. 5 [* Reprint 1 as at 3 January 2003.] 1018. Section 3 amended Section 3 is amended in the definition of "improper conduct in a professional respect" by deleting ", in the opinion of the Board,". 10 1019. Section 18A amended After section 18A(1) the following subsection is inserted -- " (1a) The Board's annual report is to include details of -- (a) the number, nature, and outcome, of -- 15 (i) investigations and inquiries undertaken by, or at the direction of, the Board; and (ii) matters that have been brought before the State Administrative Tribunal by the Board; 20 (b) the number and nature of matters referred to in paragraph (a) that are outstanding; (c) any trends or special problems that may have emerged; (d) forecasts of the workload of the Board in the 25 year after the year to which the report relates; and (e) any proposals for improving the operation of the Board. ". page 479 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 111 Psychologists Registration Act 1976 s. 1020 1020. Section 21 amended Section 21(1) is amended as follows: (a) in paragraph (f) by inserting after "under this Act" -- " 5 , other than the commencement of a proceeding before the State Administrative Tribunal "; (b) by deleting paragraph (i). 1021. Section 29 amended 10 Section 29(1) is amended by inserting after "investigation" -- " or a disciplinary proceeding before the State Administrative Tribunal commenced under this Act ". 15 1022. Section 35 amended Section 35(3) is repealed and the following subsection is inserted instead -- " (3) On the application of the Board or the person 20 suspended, the State Administrative Tribunal may order that the suspension of a person from the practice of psychology is terminated either generally or to a specified extent. ". page 480 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Psychologists Registration Act 1976 Division 111 s. 1023 1023. Section 39 amended (1) Section 39(1) is amended as follows: (a) by deleting "Where the Board, after an inquiry of the kind referred to in section 42, is satisfied" and inserting 5 instead -- " There is proper cause for disciplinary action in respect of a person who is a registered psychologist if "; 10 (b) in paragraph (a) -- (i) by deleting "that"; and (ii) by deleting "of a" and inserting instead -- " of the "; (c) in paragraph (b) -- 15 (i) by deleting "that a" and inserting instead -- " the "; and (ii) by deleting ", in the opinion of the Board,"; (d) in paragraph (c) -- (i) by deleting "that as a" and inserting instead -- 20 " as a "; (ii) by deleting "a person" and inserting instead -- " the person "; and (iii) by deleting "in the opinion of the Board"; (e) in paragraph (d) by deleting "that a" and inserting 25 instead -- " the "; (f) in paragraph (e) -- (i) by deleting "that a" and inserting instead -- " the "; and page 481 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 111 Psychologists Registration Act 1976 s. 1023 (ii) by deleting the comma at the end of the paragraph and inserting instead a full stop; (g) by deleting "the Board may order that his name shall be struck off the Register and the Registrar shall comply 5 with the order of the Board.". (2) After section 39(1) the following subsections are inserted -- " (1a) The Board may allege to the State Administrative Tribunal that there is proper cause for disciplinary 10 action, as mentioned in subsection (1), against a registered psychologist. (1b) If in a proceeding commenced by an allegation under this section against a registered psychologist, the State Administrative Tribunal is of the opinion that proper 15 cause exists for disciplinary action the Tribunal may order that the name of the person be struck off the Register. (1c) Where the State Administrative Tribunal considers that a matter does not in the public interest require that the 20 name of the person concerned be struck off the Register, the Tribunal may -- (a) suspend that person from the practice of psychology, either generally or in relation to any specified circumstances or service, for a 25 period not exceeding 12 months; (b) order the person to pay a penalty not exceeding $1 000; or (c) deal with the person in any of the ways described in paragraph (d), (e) or (f) of 30 section 39A(1). ". (3) Section 39(2) is repealed. page 482 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Psychologists Registration Act 1976 Division 111 s. 1024 1024. Section 39A inserted After section 39 the following section is inserted -- " 39A. Alternative to bringing proceedings 5 (1) Instead of making an allegation to the State Administrative Tribunal, if the Board is of the opinion that a proceeding before the Tribunal is not warranted by the nature of the allegations the Board, after affording to the person concerned the opportunity of 10 giving an explanation to the Board either in person or in writing and the option thereafter of the matter proceeding before the Tribunal, may -- (a) order that the particulars entered in the Register in relation to that person be amended; 15 (b) censure that person; (c) require that person to give an undertaking, either with or without security, for such period as is specified -- (i) in relation to his future conduct in a 20 professional respect; or (ii) to comply with such conditions as are specified in relation to his practice; or (d) order that person to pay to the Board a penalty 25 not exceeding $100. (2) The Board may, in addition to or in lieu of imposing any one or more of the penalties specified in subsection (1), order the person concerned to pay such costs and expenses of or incidental to the proceedings 30 as the Board thinks fit. (3) Where any penalty, costs or expenses are ordered to be paid under this section the amount ordered to be paid page 483 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 111 Psychologists Registration Act 1976 s. 1025 shall be recoverable in any court of competent jurisdiction as a debt due to the Board. ". 1025. Section 40 replaced 5 Section 40 is repealed and the following section is inserted -- " (1) Where the Board is satisfied that a person who has given an undertaking to the Board required of him under section 39A has at any time during the currency 10 of the undertaking been in breach of that undertaking, or failed to comply with any condition imposed, the Board, after giving to the person concerned an opportunity to show cause why he should not so be dealt with, may refer the matter to the State 15 Administrative Tribunal. (2) The State Administrative Tribunal may, with or without discharging the person from any obligation under the undertaking, impose on the person a penalty or suspension that the State Administrative Tribunal 20 could have imposed in a proceeding in respect of the original matter as a consequence of which the person was required to give the undertaking. ". 1026. Section 41 amended 25 Section 41(1) and (2) are each amended by deleting "disciplinary proceedings under this Act." and inserting instead -- " action under section 39A. ". page 484 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Psychologists Registration Act 1976 Division 111 s. 1027 1027. Section 42 replaced Section 42 is repealed and the following section is inserted instead -- " 5 42. Powers of investigation (1) The Board may make any inquiry that the Board considers necessary or expedient for the purposes of -- (a) determining any application or any other matter before the Board; 10 (b) determining whether or not a registered psychologist is or has been acting in conformity with the conditions, if any, of his licence and is or has been complying with the requirements of this Act; 15 (c) determining whether any other cause exists that might be considered by the Board a proper cause for disciplinary action; (d) detecting offences against this Act. (2) The Board may appoint an investigator to carry out an 20 inquiry and report to the Board under this section. (3) For the purposes of carrying out an inquiry under this section, the investigator may -- (a) require any person -- (i) to give the investigator such information 25 as the investigator requires; and (ii) to answer any question put to the person, in relation to any matter the subject of such inquiry; 30 (b) require any person to produce any document relating to the investigator; page 485 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 111 Psychologists Registration Act 1976 s. 1027 (c) enter at all reasonable times and search any premises and inspect any documents that the investigator finds on the premises; and (d) make a copy or abstract of any document 5 produced or inspected under this section, or of any entry made in the document. (4) A requirement made under subsection (3)(a) -- (a) may be made orally or by notice in writing served on the person required to give 10 information or answer a question, as the case may be; (b) shall specify the time at or within which the information is to be given or the question is to be answered, as the case may be; and 15 (c) may, by its terms, require that the information or answer required -- (i) be given orally or in writing; (ii) be given at or sent or delivered to any place specified in the requirement; 20 (iii) in the case of written information or answers, be sent or delivered by any means specified in the requirement; and (iv) be given on oath or affirmation or by statutory declaration for which purpose 25 the investigator may administer an oath or affirmation and have the authority of a commissioner for declarations. (5) A requirement made under subsection (3)(b) -- (a) shall be made by notice in writing served on the 30 person required to produce a document; (b) shall specify the time at or within which the document is to be produced; and page 486 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Psychologists Registration Act 1976 Division 111 s. 1027 (c) may, by its terms, require that the document be produced -- (i) at any place specified in the requirement; and 5 (ii) by any means specified in the requirement. (6) Where under subsection (3)(a) an investigator orally requires a person to give any information or answer any question, the investigator shall inform that person 10 that he is required under this Act to give the information or answer the question, as the case may be. (7) Where under subsection (3)(a) or (b) a person is required by notice in writing to give any information, answer any question, or produce any document, the 15 notice shall state that he is required under this Act to give the information, answer the question, or produce the document, as the case may be. (8) Before entering any premises under this section the investigator -- 20 (a) shall obtain a warrant to do so from a magistrate or Justice of the Peace which warrant the magistrate or Justice of the Peace is authorised to issue upon being satisfied that the entry is sought in good faith for the purpose of 25 carrying out an inquiry under this section; and (b) shall display to the person, if any, giving the investigator entry, a document executed by the Board and certifying that the person is an investigator appointed by the Board. 30 ". page 487 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 111 Psychologists Registration Act 1976 s. 1028 1028. Sections 42A, 42B and 42C inserted After section 42 the following sections are inserted -- " 42A. Incriminating information, questions, or documents 5 Without prejudice to the provisions of section 11 of the Evidence Act 1906, where under section 42 a person is required to -- (a) give any information; (b) answer any question; or 10 (c) produce any document, he shall not refuse to comply with that requirement on the ground that the information, answer, or document may tend to incriminate the person or render the person liable to any penalty, but the information or answer 15 given, or document produced, by the person shall not be admissible in evidence in any proceedings against the person other than proceedings in respect of an offence against section 42B(1)(b). 42B. Failure to comply with investigation 20 (1) Where under section 42 a person is required to give any information, answer any question, or produce any document and that person, without reasonable excuse (proof of which shall lie on him) -- (a) fails to give that information or answer that 25 question at or within the time specified in the requirement; (b) gives any information or answer that is false in any particular; or (c) fails to produce that document at or within the 30 time specified in the requirement, the person commits an offence. Penalty: $2 000. page 488 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Psychologists Registration Act 1976 Division 111 s. 1028 (2) It is a defence in any proceeding for an offence under subsection (1)(a) or (c) for the defendant to show -- (a) that, in the case of an alleged offence arising out of a requirement made orally under 5 section 42, the investigator did not, when making the requirement, inform the defendant that he was required under this Act to give the information or answer the question, as the case may be; 10 (b) that, in the case of an alleged offence arising out of a requirement made by notice in writing under section 42, the notice did not state that he was required under this Act to give the information, answer the question, or produce 15 the document, as the case may be; (c) that the time specified in the requirement did not afford the defendant sufficient notice to enable him to comply with the requirement; or (d) that, in any case, the investigator did not, before 20 making the requirement, have reasonable grounds to believe that compliance with the requirement would materially assist in the inquiry being carried out. 42C. Obstruction of investigator 25 A person shall not prevent or attempt to prevent an investigator from entering premises or otherwise obstruct or impede an investigator in the exercise of his powers under section 42. Penalty: $2 000. 30 ". page 489 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 111 Psychologists Registration Act 1976 s. 1029 1029. Section 43 amended Section 43(c) is amended as follows: (a) by inserting after "order" -- " or takes other action "; 5 (b) by deleting "in the exercise of its disciplinary powers" and inserting instead -- " under section 39A ". 1030. Section 44 replaced Section 44 is repealed and the following section is inserted 10 instead -- " 44. Application for review A person aggrieved by an order of the Board, or by the refusal of an application to the Board for registration or 15 restoration to the Register, or as to any limitation, restriction or condition imposed, may apply to the State Administrative Tribunal for a review of the decision. ". 1031. Section 45 amended 20 Section 45(1) is amended by inserting after "under this Act" -- " or the State Administrative Tribunal has power to make in the exercise of jurisdiction conferred on it by this Act 25 ". 1032. Section 46 amended (1) Section 46(1) is amended by deleting ", inquiry or findings before or" and inserting instead -- " before or findings ". page 490 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Public Meetings and Processions Act 1984 Division 112 s. 1033 (2) Section 46(2) is amended by inserting before "under this Act" -- " in proceedings commenced ". 1033. Section 47 amended 5 Section 47(1) is amended as follows: (a) by deleting "the Board" and inserting instead -- " the State Administrative Tribunal "; (b) by inserting after "disciplinary proceedings" -- " commenced ". 10 1034. Section 48 amended Section 48(1) is amended by inserting before "under this Act" -- " in proceedings commenced ". 1035. Section 50 amended 15 Section 50(d) is amended by deleting ", or any inquiry, examination, or disciplinary proceedings held by or on behalf of the Board". Division 112 -- Public Meetings and Processions Act 1984 Subdivision 1 -- Amendments to the Act 20 1036. The Act amended The amendments in this Subdivision are to the Public Meetings and Processions Act 1984*. [* Reprinted as at 16 August 2002.] 1037. Section 3 amended 25 Section 3 is amended by deleting the definitions of "magistrate" and "order". page 491 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 112 Public Meetings and Processions Act 1984 s. 1038 1038. Section 4 amended Section 4(2) is amended by deleting ", or an order made by a magistrate,". 1039. Section 8 amended 5 (1) Section 8(1) is amended by deleting all of the subsection after "or" after paragraph (b) and inserting instead -- " (c) believes that the application has been dealt with unreasonably, as described in subsection (2), 10 that person or body may apply to the State Administrative Tribunal for a review of the refusal of the permit, any condition or limitation specified in the permit, or how the application has been dealt with. ". 15 (2) Section 8(2), (3), (4), (5), (6) and (7) are repealed and the following subsection is inserted instead -- " (2) For the purposes of subsection (1) an application is dealt with unreasonably if -- 20 (a) the application for the permit has not been granted and there is reason to apprehend that it may not be dealt with sufficiently expeditiously; or (b) otherwise, there is good cause why it should be 25 reviewed. ". 1040. Section 9 amended Section 9(3)(a) is amended by deleting "or the making of the order". page 492 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Public Meetings and Processions Act 1984 Division 112 s. 1041 1041. Various references to "or order" deleted The Act is amended by deleting "or order" in each place specified in the Table to this section. Table s. 4(1) (3 places) s. 4(2) s. 9(1) s. 9(1)(b) s. 9(2)(a) and (b) s. 9(3) s. 9(3)(b) 5 Subdivision 2 -- Amendment needed because Act amended 1042. Police Act 1892 amended (1) The amendment in section is to the Police Act 1892*. [* Reprinted as at 12 January 2001. For subsequent amendments see Western Australian 10 Legislation Information Tables for 2002, Table 1, p. 304.] (2) Section 52(1)(a) is amended by deleting "or order". page 493 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 113 Racing Penalties (Appeals) Act 1990 s. 1043 Division 113 -- Racing Penalties (Appeals) Act 1990 Subdivision 1 -- Amendments to the Act 1043. The Act amended The amendments in this Subdivision are to the Racing Penalties 5 (Appeals) Act 1990*. [* Reprinted as at 19 October 2001 and amended by the Racing and Gambling Legislation Amendment and Repeal Act 2003 Part 11.] 1044. Long title amended 10 The long title is amended by deleting "constitute the Racing Penalties Appeal Tribunal of Western Australia, to confer" and inserting instead -- " confer on the State Administrative Tribunal ". 1045. Section 3 amended 15 (1) Section 3(1) is amended by deleting the definitions of "bookmaker", "Chairperson", "member", "owner", "Registrar", and "Tribunal". (2) Section 3(1) is amended in the definition of "trial" by deleting the semicolon and inserting instead a full stop. 20 1046. Part 2 heading replaced The heading to Part 2 is deleted and the following heading is inserted instead -- " Part 2 -- Appeals and review 25 ". page 494 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Racing Penalties (Appeals) Act 1990 Division 113 s. 1047 1047. Part 2 Division 1 repealed Part 2 Division 1 is repealed. 1048. Part 2 Division 2 heading deleted The heading to Part 2 Division 2 is deleted. 5 1049. Sections 10 and 11 repealed Sections 10 and 11 are repealed. 1050. Section 12 amended (1) Section 12(1) is amended as follows: (a) by deleting "Subject to" and inserting instead -- 10 " Unless "; (b) by deleting "and leave of " and inserting instead -- " gives "; (c) by inserting before "Tribunal" in both places where it occurs -- 15 " State Administrative "; (d) by inserting after "Tribunal" where it first occurs -- " jurisdiction "; (e) by inserting after "does not extend to" -- " reviewing ". 20 (2) Section 12(3) is amended as follows: (a) by deleting at the end of paragraph (a) the semicolon and "and" after it and inserting instead a full stop; (b) by deleting paragraph (b). 1051. Section 13 amended 25 (1) Section 13(1) is amended as follows: (a) by deleting "(in this Part referred to as "the appellant")"; page 495 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 113 Racing Penalties (Appeals) Act 1990 s. 1051 (b) in paragraph (d) by inserting before "Tribunal" -- " State Administrative "; (c) in paragraph (d) by deleting "appeal" and inserting instead -- 5 " apply for a review "; (d) by deleting ", within 14 days after the making of the determination, or in the case of a notice of warning-off the giving of the notice, appeal to the Tribunal." and inserting instead -- 10 " apply to the State Administrative Tribunal for a review of the determination or finding. ". (2) Section 13(2) is repealed and the following subsection is 15 inserted instead -- " (2) An application may, with the leave of the State Administrative Tribunal, be made to the State Administrative Tribunal for -- 20 (a) a review of a determination the review of which -- (i) by reason of section 12, would not be within the State Administrative Tribunal's jurisdiction were it not for 25 this subsection; and (ii) would, in the opinion of the State Administrative Tribunal, involve the same incident, or incidents, as a review by the State Administrative Tribunal that 30 could have been or has been sought; or (b) a review that by reason of the public interest, the State Administrative Tribunal has page 496 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Racing Penalties (Appeals) Act 1990 Division 113 s. 1051 determined is a review to which this subsection should apply. ". (3) Section 13(3) and (4) are repealed and the following subsections 5 are inserted instead -- " (3) A person shall not sit as a member of the State Administrative Tribunal on an appeal where the person is, or at the time when the event giving rise to the 10 appeal occurred was, interested in -- (a) a greyhound, where the appeal relates to greyhound racing; (b) a thoroughbred, where the appeal relates to thoroughbred racing; or 15 (c) a pacer, where the appeal relates to harness racing, and any person who so sits as a member commits an offence. Penalty: $5 000. 20 (4) A person shall not sit as a member of the State Administrative Tribunal on an appeal arising out of -- (a) the running of a race; (b) any matter which occurred during a race; or (c) a swab which was taken from a runner 25 competing in a race, if that person had an interest in a runner in the race, and any person who so sits as a member commits an offence. Penalty: $5 000. page 497 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 113 Racing Penalties (Appeals) Act 1990 s. 1052 (5) For the purposes of subsections (3) and (4) a person shall be deemed to have had an interest in a runner if that person -- (a) at the time when the event giving rise to the 5 appeal occurred was -- (i) an owner or the trainer of the runner; or (ii) an employee or agent of the owner or trainer; or 10 (b) bet on the race or matter which is the subject of the appeal, whether or not on that runner. (6) Section 142 of the State Administrative Tribunal Act 2003 does not apply in relation to an application under this section. 15 ". 1052. Section 14 repealed Section 14 is repealed. 1053. Section 15 amended (1) Section 15(1) is amended as follows: 20 (a) by deleting "Subject to subsection (2), notwithstanding -- " and inserting instead -- " Notwithstanding -- "; (b) by deleting "appeal" in the second place where it occurs and inserting instead -- 25 " application "; (c) by inserting before "Tribunal" -- " State Administrative "; (d) by inserting after "section 13" -- " for a review ". page 498 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Racing Penalties (Appeals) Act 1990 Division 113 s. 1054 (2) Section 15(2) is repealed. 1054. Part 2 Division 3 heading deleted The heading to Part 2 Division 3 is deleted. 1055. Section 16 repealed 5 Section 16 is repealed. 1056. Section 17 replaced Section 17 is repealed and the following section is inserted instead -- " 10 17. Refund of stakes Without limiting any powers given to the State Administrative Tribunal by the State Administrative Tribunal Act 2003, upon the determination of an application for a review the State Administrative 15 Tribunal may order the refund or repayment of any stakes paid in respect of a race to which the appeal relates. ". 1057. Sections 18 and 19 repealed 20 Sections 18 and 19 are repealed. 1058. Sections 20 to 23 repealed Sections 20, 21, 22 and 23 are repealed. page 499 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 113 Racing Penalties (Appeals) Act 1990 s. 1059 1059. Section 24 amended (1) Section 24(1) is repealed and the following subsection is inserted instead -- " 5 (1) The funds available to the Tribunal to enable it to perform its functions in relation to proceedings commenced under this Act include moneys payable under subsection.(4). ". 10 (2) Section 24(2) is amended as follows: (a) by deleting "Registrar" and inserting instead -- " executive officer of the State Administrative Tribunal 15 "; (b) in paragraph (a) by inserting after "operations of the Tribunal" -- " in relation to proceedings commenced under 20 this Act "; (c) in paragraph (b) by inserting after "approval" -- " after consultation with the Minister responsible 25 for the administration of the State Administrative Tribunal Act 2003 ". (3) Section 24(3) is amended as follows: (a) in paragraph (a) by inserting after "operations of the 30 Tribunal" -- " in relation to proceedings commenced under this Act "; page 500 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Racing Penalties (Appeals) Act 1990 Division 113 s. 1060 (b) in paragraph (b) by inserting after "operations of the Tribunal" -- " in relation to proceedings commenced under 5 this Act ". (4) Section 24(8), (9) and (10) are repealed. 1060. Sections 25 and 26 repealed Sections 25 and 26 are repealed. 10 1061. Schedule repealed The Schedule is repealed. Subdivision 2 -- Transitional provisions 1062. Transitional provisions in relation to funds (1) Despite the amendments effected by Subdivision 1 -- 15 (a) the amount of funds available to the State Administrative Tribunal under section 24 of the Racing Penalties (Appeals) Act 1990 for any financial year commencing before the coming into operation of this Division is to be the amount approved for that financial 20 year under that section before the coming into operation of this Division, less any expenditure already charged in respect of that year; and (b) to the extent that an amount payable under section 24(4) of the Racing Penalties (Appeals) Act 1990 before the 25 coming into operation of this Division has not been paid, that amount is to be paid to the State Administrative Tribunal. (2) On the coming into operation of this Division, any amount in an account referred to in section 24(8) of the Racing Penalties 30 (Appeals) Act 1990 is to be credited to the State Administrative Tribunal and the account is to be closed. page 501 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 114 Radiation Safety Act 1975 s. 1063 Division 114 -- Radiation Safety Act 1975 1063. The Act amended The amendments in this Division are to the Radiation Safety Act 1975*. 5 [* Reprinted as at 25 February 2000. For subsequent amendments see Act No. 9 of 2003.] 1064. Section 12 amended (1) Section 12(1) is amended by deleting "appeal therefrom to the Supreme Court." and inserting instead -- 10 " apply to the State Administrative Tribunal for a review of the decision. ". (2) Section 12(2), (3) and (4) are repealed. 15 1065. Section 54 amended (1) Section 54(3) is amended by deleting "appeal against the same to a Court of Petty Sessions, constituted by a Stipendiary Magistrate sitting alone" and inserting instead -- " 20 apply to the State Administrative Tribunal for a review of the decision ". (2) Section 54(4) is amended by deleting "appeal" and inserting instead -- 25 " application for review ". page 502 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Rail Safety Act 1998 Division 115 s. 1066 Division 115 -- Rail Safety Act 1998 1066. The Act amended The amendments in this Division are to the Rail Safety Act 1998*. 5 [* Act No. 32 of 1998. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 325.] 1067. Section 16 amended Section 16(c) is amended by deleting "appeal" and inserting 10 instead -- " review ". 1068. Section 17 amended Section 17(6)(c) is amended by deleting "appeal" and inserting instead -- 15 " review ". 1069. Section 18 amended Section 18(5)(b) is amended by deleting "appeal" and inserting instead -- " review ". 20 1070. Section 20 amended (1) Section 20(1)(e) is amended by deleting "appeal to the District Court." and inserting instead -- " apply to the State Administrative Tribunal for a 25 review of the matter. ". page 503 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 115 Rail Safety Act 1998 s. 1071 (2) Section 20(2) is amended as follows: (a) by deleting "or appeal"; (b) by inserting after "subsection (1)" -- " (d) ". 5 (3) Section 20(3) is amended as follows: (a) by inserting after "subsection (1)" -- " (d) "; (b) by deleting "within one month after the conclusion of the proceedings, appeal to the District Court." and 10 inserting instead -- " apply to the State Administrative Tribunal for a review of the outcome of conciliation or mediation proceedings. 15 ". (4) Section 20(4) is amended by deleting "an appeal." and inserting instead -- " a review. ". (5) Section 20(5) is amended by deleting "or the District Court". 20 (6) Section 20(6) and (7) are repealed. 1071. Schedule 1 amended Schedule 1 clause 28 is amended by inserting after "of any matter" -- " 25 , other than an application to the State Administrative Tribunal, ". page 504 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Real Estate and Business Agents Act 1978 Division 116 s. 1072 Division 116 -- Real Estate and Business Agents Act 1978 1072. The Act amended The amendments in this Division are to the Real Estate and Business Agents Act 1978*. 5 [* Reprinted as at 9 March 2001. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 328 and Act No. 21 of 2003.] 1073. Part II Division 3 heading amended 10 The heading to Part II Division 3 is amended by deleting "Proceedings before" and inserting instead -- " Review of decision of ". 1074. Sections 19 to 22 repealed Sections 19, 20, 21 and 22 are repealed. 15 1075. Section 23 replaced Section 23 is repealed and the following section is inserted instead -- " 23. Application for review 20 (1) Any person aggrieved by a reviewable decision of the Board may apply to the State Administrative Tribunal for a review of the decision. (2) In subsection (1) -- "person aggrieved" means -- 25 (a) a person whose licence or triennial certificate is affected by a reviewable decision or who, under Part III, applies for or objects to the grant of a licence or applies for the renewal of a triennial certificate; page 505 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 116 Real Estate and Business Agents Act 1978 s. 1076 (b) a person whose certificate of registration is affected by a reviewable decision or who, under Part IV, applies for the grant or renewal of a certificate of registration; 5 (c) a licensee who has, or seeks, the Board's approval under section 56 to carry on business pursuant to a franchising agreement or another party to the agreement; (d) a person affected by a decision of the Board 10 under Part VI; or (e) a person claiming against, or seeking the leave of the Board to commence an action in relation to, the Fidelity Fund; "reviewable decision" means -- 15 (a) a decision under Part III other than a determination of the form in which an application or objection is to be made; (b) a decision under Part IV other than a determination of the form in which an 20 application is to be made; (c) a decision under section 56; (d) a decision under Part VI; or (e) a decision under section 116 or 117. ". 25 1076. Section 23C amended Section 23C(5)(a) is amended by deleting "the Board or". 1077. Section 24 amended Section 24(5) is repealed. 1078. Section 25 amended 30 Section 25(4) is repealed. page 506 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Real Estate and Business Agents Act 1978 Division 116 s. 1079 1079. Section 30 amended After section 30(3) the following subsection is inserted -- " (4) Despite the surrender by a person of a licence or 5 triennial certificate, this Act applies, for the purpose of enabling the person to be investigated or otherwise dealt with for a matter arising before the surrender, as if the licence or certificate had not been surrendered. ". 10 1080. Section 31 amended Section 31(4) is repealed. 1081. Section 33 amended Section 33(5) is repealed. 1082. Sections 34A and 34B inserted 15 After section 34 the following sections are inserted -- " 34A. Unopposed applications (1) Subject to this Part, a licence may be granted and a triennial certificate may be granted or renewed, (as 20 long as there is no objection in respect of a licence and special conditions are not imposed or changed) by -- (a) the Board, in a meeting at any time and place; or (b) the Registrar, at any time or place, 25 without notice to the applicant, and the performance of a function by the Registrar under this subsection is to be treated as performance by the Board. page 507 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 116 Real Estate and Business Agents Act 1978 s. 1083 (2) Where the Board or Registrar performs a function under subsection (1), the Registrar shall forthwith deliver the licence or triennial certificate or the renewed triennial certificate, as the case may be, to the 5 applicant. (3) Sections 27, 28, and 29 apply to the Registrar in the performance of a function under subsection (1) as if a reference in any of those provisions to the Board being satisfied as to a matter were a reference to the Registrar 10 being satisfied as to the matter. 34B. Suspension of licence by State Administrative Tribunal (1) Where the State Administrative Tribunal makes an order against a licensee and payment is not made in 15 accordance with the order or the order is otherwise not complied with or is breached, the State Administrative Tribunal may suspend the licence until the payment is made, or for such period or upon such event occurring as the State Administrative Tribunal thinks fit. 20 (2) The power conferred on the State Administrative Tribunal by subsection (1) is in addition to, and does not derogate from, the powers conferred on it by Part VII or by the State Administrative Tribunal Act 2003. 25 ". 1083. Section 43 amended Section 43(4) is repealed. 1084. Section 48 amended Section 48(6) is repealed. page 508 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Real Estate and Business Agents Act 1978 Division 116 s. 1085 1085. Section 49 amended Section 49(7) is repealed. 1086. Sections 50A and 50B inserted After section 50 the following section is inserted -- 5 " 50A. Unopposed applications (1) Subject to this Part, a certificate of registration may be granted or renewed, (as long as special conditions are not imposed or changed) by -- 10 (a) the Board, in a meeting at any time and place; or (b) the Registrar, at any time or place, without notice to the applicant, and the performance of a function by the Registrar under this subsection is to 15 be treated as performance by the Board. (2) Where the Board or Registrar performs a function under subsection (1), the Registrar shall forthwith deliver the certificate of registration or the renewed certificate of registration, as the case may be, to the 20 applicant. (3) Section 47 applies to the Registrar in the performance of a function under subsection (1) as if a reference in that provision to the Board being satisfied as to a matter were a reference to the Registrar being satisfied 25 as to the matter. 50B. Suspension of registration by State Administrative Tribunal (1) Where the State Administrative Tribunal makes an order against a sales representative and payment is not 30 made in accordance with the order or the order is page 509 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 116 Real Estate and Business Agents Act 1978 s. 1087 otherwise not complied with or is breached, the State Administrative Tribunal may suspend the registration until the payment is made, or for such period or upon such event occurring as the State Administrative 5 Tribunal thinks fit. (2) The power conferred on the State Administrative Tribunal by subsection (1) is in addition to, and does not derogate from, the powers conferred on it by Part VII or by the State Administrative Tribunal 10 Act 2003. ". 1087. Section 53 amended (1) Section 53 is amended by inserting before "A" the subsection designation "(1)". 15 (2) At the end of section 53 the following subsection is inserted -- " (2) Despite the surrender by a person of a certificate of registration, this Act applies, for the purpose of enabling the person to be investigated or otherwise 20 dealt with for a matter arising before the surrender, as if the certificate had not been surrendered. ". 1088. Section 76 repealed Section 76 is repealed. page 510 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Real Estate and Business Agents Act 1978 Division 116 s. 1089 1089. Section 102 amended (1) Section 102(1), (2), (3), (4) and (5) are repealed and the following subsection is inserted instead -- " 5 (1) The Board may allege to the State Administrative Tribunal that -- (a) there is proper cause for disciplinary action, as mentioned in section 103(2), against an agent; or 10 (b) there is proper cause for disciplinary action, as mentioned in section 103(4), against a sales representative. ". (2) Section 102(6) is amended as follows: 15 (a) by deleting "application" in the first place where it occurs and inserting instead -- " allegation "; (b) by deleting "the conduct of " in the first place where it occurs; 20 (c) by deleting "such an application, the Board may hold an inquiry under this section into the conduct of that sales representative and" and inserting instead -- " the allegation, the State Administrative Tribunal may 25 ". page 511 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 116 Real Estate and Business Agents Act 1978 s. 1090 1090. Section 103 amended (1) Section 103(1) is amended as follows: (a) by deleting "after conducting an inquiry under section 102(1) into the conduct of an agent" and 5 inserting instead -- " , in a proceeding commenced by an allegation under section 102(1) against an agent, "; 10 (b) in paragraph (c) by deleting "Board or until the further order of the Board" and inserting instead -- " State Administrative Tribunal ". (2) Section 103(3) is amended as follows: (a) by deleting "after conducting an inquiry under 15 section 102(1) into the conduct of a sales representative" and inserting instead -- " , in a proceeding commenced by an allegation under section 102(1) against a sales representative, 20 "; (b) in paragraph (c) by deleting "Board or until the further order of the Board" and inserting instead -- " State Administrative Tribunal ". (3) Section 103(5)(a) and "and" after it are deleted. 25 1091. Section 124B amended Section 124B is amended as follows: (a) in paragraph (d) by deleting "103 or". page 512 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Real Estate and Business Agents Act 1978 Division 116 s. 1092 (b) in paragraph (e) by inserting after "fines" -- " , other than those imposed by the State Administrative Tribunal, that are 5 ". 1092. Section 135 amended After section 135(1) the following subsection is inserted -- " (2) The Board's annual report is to include details of -- 10 (a) the number, nature, and outcome, of -- (i) investigations and inquiries undertaken by, or at the direction of, the Board or the Registrar; (ii) matters that have been brought before 15 the State Administrative Tribunal under this Act; and (iii) matters that have been dealt with through the conciliation process under this Act; 20 (b) the number and nature of matters referred to in paragraph (a) that are outstanding; (c) any trends or special problems that may have emerged; (d) forecasts of the workload of the Board in the 25 year after the year to which the report relates; and (e) any proposals for improving the operation of the Board. ". page 513 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 116 Real Estate and Business Agents Act 1978 s. 1093 1093. Section 139 amended Section 139(3) is amended by deleting "21(2)" and inserting instead -- " 34B(1) ". 5 1094. Section 145 amended Section 145(2) is amended as follows: (a) by deleting paragraph (b); (b) in paragraph (d) by inserting after "Act" -- " 10 , but not in connection with the initiation of a proceeding before the State Administrative Tribunal; ". 1095. Schedule amended 15 The Schedule is amended by deleting the heading "Transitional" and all the items and headings under it. 1096. Various references to "Board" amended The Act is amended by deleting "Board" in each place specified in the Table to this section and inserting instead -- 20 " State Administrative Tribunal ". Table s. 23C(3) s. 102(6) (in the first place) s. 103(1) (both places) s. 103(1)(d) s. 103(1)(d)(i) s. 103(1)(e) (both places) s. 103(2)(d) s. 103(3) (both places) s. 103(3)(d) (both places) page 514 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Retirement Villages Act 1992 Division 117 s. 1097 s. 103(4)(d) s. 103(5) s. 103(6) s. 105(2) s. 139(2) 1097. Various references to "District Court" amended The Act is amended by deleting "District Court" in each place specified in the Table to this section and inserting instead -- " State Administrative Tribunal ". 5 Table s. 92(1) (3 places) s. 92(2) (both places) s. 92(4) s. 93(1) (4 places) s. 93(2) (3 places) s. 93(3) (both places) s. 93(4)(b) (both places) s. 97 (both places) s. 98(1) (both places) s. 98(3) and (4) Division 117 -- Retirement Villages Act 1992 1098. The Act amended The amendments in this Division are to the Retirement Villages Act 1992*. 10 [* Reprinted as at 22 January 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 334-5.] 1099. Section 3 amended Section 3(1) is amended by deleting the definitions of "referee", 15 "registrar" and "Tribunal". page 515 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 117 Retirement Villages Act 1992 s. 1100 1100. Part 4 Division 1 heading replaced The heading to Part 4 Division 1 is deleted and the following heading is inserted instead -- " Division 1 -- General ". 5 1101. Sections 23 to 26 repealed Sections 23 to 26 are repealed. 1102. Part 4 Divisions 2 and 3 repealed Part 4 Divisions 2 and 3 are repealed. 1103. Part 4 Division 4 heading deleted 10 The heading to Part 4 Division 4 is deleted. 1104. Sections 38 to 41 repealed Sections 38 to 41 are repealed. 1105. Section 42 replaced Section 42 is repealed and the following section is inserted 15 instead -- " 42. Use of other means of resolution The State Administrative Tribunal may decline to entertain an application if it considers that the matter in 20 dispute could be adequately dealt with under an applicable code or applicable residence rules or by negotiation by the Department under section 8(1)(d). ". 1106. Section 43 repealed 25 Section 43 is repealed. page 516 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Retirement Villages Act 1992 Division 117 s. 1107 1107. Section 44 amended Section 44(1) is amended as follows: (a) by inserting before "Tribunal" -- " State Administrative Tribunal "; 5 (b) by deleting "of its own motion or". 1108. Sections 45 to 47 repealed Sections 45, 46 and 47 are repealed. 1109. Section 48 amended Section 48 is amended by deleting "the Tribunal" in the second 10 place where it occurs and inserting instead -- " it ". 1110. Sections 49 to 51 repealed Sections 49 to 51 are repealed. 1111. Part 4 Division 5 heading amended 15 The heading to Part 4 Division 5 is amended by deleting "Tribunal" and inserting instead -- " State Administrative Tribunal ". 1112. Sections 53 and 55 repealed Sections 53 and 55 are repealed. 20 1113. Section 56 amended Section 56(2) is repealed. 1114. Sections 71 to 73 repealed Sections 71 to 73 are repealed. page 517 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 117 Retirement Villages Act 1992 s. 1115 1115. Section 74 amended Section 74 is amended as follows: (a) by deleting "a member of the Tribunal, the Tribunal,"; (b) by deleting "the registrar,"; 5 (c) by deleting "the Tribunal or" in both places where it occurs. 1116. Section 75 amended Section 75(4) is amended by deleting "the Tribunal" in the third place where it occurs and inserting instead -- 10 " it ". 1117. Section 76 repealed Section 76 is repealed. 1118. Section 81 repealed Section 81 is repealed. 15 1119. Section 82 amended Section 82(2)(a) and (d) are deleted. 1120. Various references to "Tribunal" amended The Act is amended by deleting "Tribunal" in each place specified in the Table to this section and inserting instead -- 20 " State Administrative Tribunal ". Table s. 9(3)(c) (both places) s. 9(3)(e) (both places) s. 9(6) (3 places) s. 17(1)(d) s. 19(2) s. 48 (in the first and third places) page 518 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Retirement Villages Act 1992 Division 117 s. 1120 s. 52(1) s. 54 s. 56(1) s. 56(3) (3 places) s. 56(4) (both places) s. 57(1) (both places) s. 57(2) s. 57(3) (both places) s. 57(4) (both places) s. 57(6) s. 58(1) s. 58(2) (3 places) s. 58(3) s. 58(4) (both places) s. 58(5) (both places) s. 59(1) s. 59(2) (both places) s. 59(3) (both places) s. 59(4) (both places) s. 61 (both places) s. 62(1) (both places) s. 62(2) (3 places) s. 63(1) (both places) s. 63(2) (3 places) s. 64(1) (both places) s. 64(2) (both places) s. 64(3) (4 places) s. 66(1) s. 67(2) (both places) s. 68(1) (both places) s. 68(2) s. 69(3) (both places) s. 70(1) s. 70(2) (both places) s. 70(3) and (4) s. 75(4) (both places) page 519 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 118 Rights in Water and Irrigation Act 1914 s. 1121 Division 118 -- Rights in Water and Irrigation Act 1914 1121. The Act amended The amendments in this Division are to the Rights in Water and Irrigation Act 1914*. 5 [* Reprinted as at 10 January 2001.] 1122. Section 26B amended (1) Section 26B(4)(d) is amended as follows: (a) by deleting "appeal" and inserting instead -- " an application "; 10 (b) by inserting after "section 26GI" -- " for review ". (2) Section 26B(5)(d) is amended as follows: (a) by deleting "appeal" and inserting instead -- " an application "; 15 (b) by inserting after "section 26GI" -- " for review ". 1123. Part III Division 3B amended The heading to Part III Division 3B is amended by deleting "Appeals" and inserting instead -- 20 " Review ". 1124. Section 26GG amended (1) Section 26GG(1) is amended by deleting "appeal under Schedule 2" and inserting instead -- " 25 apply to the State Administrative Tribunal for a review of the decision ". page 520 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Rights in Water and Irrigation Act 1914 Division 118 s. 1125 (2) Section 26GG(2) is amended as follows: (a) by deleting "may appeal" and inserting instead -- " may apply "; (b) by inserting after "subsection (1)" -- 5 " for a review "; (c) by deleting "the appeal" and inserting instead -- " the application ". 1125. Section 26GH amended (1) Section 26GH(1) is amended as follows: 10 (a) by deleting "appeal under Schedule 2" and inserting instead -- " apply to the State Administrative Tribunal for a review of the decision to give the direction or variation 15 "; (b) by deleting "direction or variation." and inserting instead -- " decision. ". (2) Section 26GH(2) is amended by deleting "appeal under 20 Schedule 2" and inserting instead -- " apply to the State Administrative Tribunal for a review of the decision ". 25 1126. Section 26GI amended Section 26GI is amended by deleting "appeal under Schedule 2" and inserting instead -- " apply to the State Administrative Tribunal for a review 30 of the decision ". page 521 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 118 Rights in Water and Irrigation Act 1914 s. 1127 1127. Section 26GJ replaced Section 26GJ is repealed and the following section is inserted instead -- " 5 26GJ. Notice to relevant water resources management committee (1) The State Administrative Tribunal is to give notice of its final order in a proceeding commenced by an application under this Part, and of the reasons for its 10 final order, to any relevant water resources management committee. (2) In subsection (1) -- "relevant water resources management committee" means a water resources management committee 15 established under Part III Division 3C for a locality to which the subject matter of the application relates. (3) A notice under subsection (1) has to be given in writing or in any other manner prescribed. 20 (4) The obligation imposed by subsection (1) is in addition to any obligation under the State Administrative Tribunal Act 2003. ". 1128. Section 26M amended 25 Section 26M(g) is amended by deleting "appeals against" and inserting instead -- " applications to the State Administrative Tribunal for review of 30 ". page 522 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Rights in Water and Irrigation Act 1914 Division 118 s. 1129 1129. Section 27B amended Section 27B(h) is amended by deleting "appeals against" and inserting instead -- " 5 applications to the State Administrative Tribunal for review of ". 1130. Section 39E amended Section 39E(7) is amended by deleting "an appeal against the 10 decision may be made." and inserting instead -- " a review of the decision may be sought. ". 1131. Section 39F amended (1) Section 39F(1) is amended by deleting "treat the objection as an appeal against the relevant entry." and inserting instead -- 15 " refer the relevant entry to the State Administrative Tribunal for a review. ". (2) Section 39F(2) is amended by deleting "objection to a Land 20 Valuation Tribunal under the Land Valuation Tribunals Act 1978 as an appeal." and inserting instead -- " relevant entry in the records to the State Administrative Tribunal for a review. 25 ". (3) After section 39F(2) the following subsection is inserted -- " (3) The Corporation is to effect the reference by forwarding the notice to the executive officer of the 30 State Administrative Tribunal together with the page 523 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 118 Rights in Water and Irrigation Act 1914 s. 1132 objection and a copy certified by or on behalf of the Corporation of -- (a) the relevant entry in the records; and (b) the reasons, if any, for the entry. 5 ". 1132. Section 39G amended (1) Section 39G(1) is amended by deleting "treat an objection as an appeal may serve on the Corporation a notice requiring the Corporation to refer the decision to a Land Valuation Tribunal 10 under the Land Valuation Tribunals Act 1978 as an appeal." and inserting instead -- " refer the relevant entry in the records to the State Administrative Tribunal for a review may serve on the 15 Corporation a notice requiring the Corporation to refer the decision to refuse to extend time to the State Administrative Tribunal for a review. ". (2) Section 39G(2) is amended by deleting "such a Tribunal as an 20 appeal." and inserting instead -- " the State Administrative Tribunal for a review. ". (3) After section 39G(2) the following subsection is inserted -- " (3) The Corporation is to effect the reference by 25 forwarding the notice to the executive officer of the State Administrative Tribunal together with the objection and a copy certified by or on behalf of the Corporation of -- (a) the decision to refuse to extend the time; and 30 (b) the reasons, if any, for the decision. ". page 524 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Rights in Water and Irrigation Act 1914 Division 118 s. 1133 1133. Sections 39GA and 39GB inserted After section 39G the following sections are inserted -- " 39GA. New matters raised on review 5 (1) Upon a review by the State Administrative Tribunal on a reference under section 39F or 39G, the State Administrative Tribunal may consider -- (a) grounds in addition to those stated in the notice of objection; and 10 (b) reasons in addition to any reasons previously given for the Corporation's decision that is under review. (2) The State Administrative Tribunal is to ensure, by adjournment or otherwise, that each party and any 15 other person entitled to be heard has a reasonable opportunity of properly considering and responding to any new ground or reason that the State Administrative Tribunal proposes to consider in accordance with subsection (1). 20 39GB. Written reasons for certain determinations to be given and published (1) If the State Administrative Tribunal considers that an order it makes determining a matter coming before it on a reference under section 39F or 39G is of general 25 interest or significance, it is to prepare written reasons for its order and give a copy of the reasons to each party and publish the written reasons. (2) The obligation imposed by subsection (1) is in addition to, and does not derogate from, any obligation of the 30 State Administrative Tribunal under the State Administrative Tribunal Act 2003. ". page 525 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 119 Road Traffic Act 1974 s. 1134 1134. Section 39H amended Section 39H is amended as follows: (a) by deleting "or an appeal"; (b) by deleting "or the appeal". 5 1135. Section 39I amended (1) Section 39I(1) is amended as follows: (a) by deleting "or an appeal"; (b) by inserting after "under this Act" -- " 10 or in consequence of a review by the State Administrative Tribunal ". (2) Section 39I(2) is amended as follows: (a) by deleting ", in consequence of the allowance, wholly 15 or in part, of an objection or appeal under this Act,"; (b) by inserting after "an assessment is necessary" -- " under subsection (1) ". 1136. Schedule 2 repealed Schedule 2 is repealed. 20 Division 119 -- Road Traffic Act 1974 1137. The Act amended The amendments in this Division are to the Road Traffic Act 1974*. [* Reprinted as at 19 October 2001. 25 For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 342 and Act No. 9 of 2003 and Gazette 20 May 2003 p. 1804-6.] page 526 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Road Traffic Act 1974 Division 119 s. 1138 1138. Section 25 amended (1) Section 25(1) is amended by deleting "There shall be an appeal to a court of petty sessions, whose order shall be final," and inserting instead -- 5 " An application for review may be made to the State Administrative Tribunal ". (2) Section 25(2) is repealed. 10 1139. Section 48 amended (1) Section 48(4) is amended by deleting ", within 30 days after the receipt of the notice, apply, by way of complaint, to a court of petty sessions" and inserting instead -- " apply to the State Administrative Tribunal ". 15 (2) Section 48(5) and (6) are repealed. (3) Section 48(8) is amended by deleting "under subsection (5) or (6)" and inserting instead -- " after an application to the State Administrative Tribunal ". 1140. Section 49 amended 20 After section 49(2) the following subsection is inserted -- " (2a) In subsection (2)(a), a reference to anything done under section 48 refers to the doing of that thing after an application has been made to the State Administrative 25 Tribunal for the review of anything done under that section. ". 1141. Section 78B amended Section 78B(2) is amended by deleting "or (6)". page 527 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 120 Royal Agricultural Society Act 1926 s. 1142 Division 120 -- Royal Agricultural Society Act 1926 1142. The Act amended The amendments in this Division are to the Royal Agricultural Society Act 1926*. 5 [* Reprinted as at 24 August 2001.] 1143. Section 2 amended Section 2 is amended by deleting the definition of "Minister". 1144. Section 3 amended Section 3(3) is amended as follows: 10 (a) by deleting "there shall be an appeal to the Minister from" and inserting instead -- " an application may be made to the State Administrative Tribunal for a review of 15 "; (b) by deleting all of the subsection after "other body of persons". Division 121 -- Security and Related Activities (Control) Act 1996 20 1145. The Act amended The amendments in this Division are to the Security and Related Activities (Control) Act 1996*. [Act No. 27 of 1996.] 1146. Section 48 amended 25 Section 48(4) is amended as follows: (a) by deleting "an appeal lies" and inserting instead -- " a review is available "; page 528 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Security and Related Activities (Control) Act 1996 Division 121 s. 1147 (b) in paragraph (a) by deleting "bringing an appeal" and inserting instead -- " applying for a review "; (c) in paragraph (b) by deleting "an appeal is brought" and 5 inserting instead -- " an application for a review is made ". 1147. Section 55 amended Section 55 is amended as follows: (a) by inserting after "sufficient grounds" -- 10 " to make an allegation under section 67(1) or "; (b) by deleting "under section 67" and inserting instead -- " under section 67(3) or 81(1) ". 1148. Part 7 Division 4 heading replaced The heading to Part 7 Division 4 is deleted and the following 15 heading is inserted instead -- " Division 4 -- Disciplinary proceedings against licensees ". 1149. Section 67 amended 20 (1) Section 67(1) and (2) are repealed and the following subsections are inserted instead -- " (1) The Commissioner may allege to the State Administrative Tribunal that there is proper cause for 25 disciplinary action, as mentioned in subsection (1a), against a licensee. (1a) There is proper cause for disciplinary action against a licensee -- (a) if the licensee no longer meets the requirements 30 described in section 52(c), (e), (f) or (i); page 529 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 121 Security and Related Activities (Control) Act 1996 s. 1149 (b) where the licence is held on behalf of a partnership or body corporate, that the partnership and any of the partners or the body and any of the body's officers, as the case may 5 be, no longer meet the requirements described in section 52(c), (d), (e) or (f); (c) if there is power to cancel an endorsement on the licence under section 68; (d) if the licensee has committed a breach of a code 10 of conduct prescribed as being a proper cause for disciplinary action against a licensee under section 94(2); or (e) if the licensee or a person referred to in paragraph (b) has contravened, or failed to 15 comply with -- (i) a provision of this Act; or (ii) the licence or a condition or restriction to which the licence is subject. (2) If, in a proceeding commenced by an allegation under 20 subsection (1) against a licensee, the State Administrative Tribunal is satisfied that proper cause exists for disciplinary action, the State Administrative Tribunal may revoke the licence of the licensee or cancel an endorsement on the licence under section 24 25 or 26. ". (2) Section 67(3) is amended by deleting "stating the grounds on which the revocation is made, and the licence is revoked when the notice is received or deemed to be received by the licensee." 30 and inserting instead -- " -- (a) stating the grounds on which the revocation is made; and page 530 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Security and Related Activities (Control) Act 1996 Division 121 s. 1150 (b) advising that the Commissioner will refer the matter to the State Administrative Tribunal within 14 days of the making of the notice, and the licence is revoked when the notice is received 5 or deemed to be received by the licensee. ". (3) After section 67(3) the following subsections are inserted -- " (3a) A copy of a notice given under subsection (3) is to be 10 given to the Commissioner by the licensing officer who gave the notice as soon as is practicable, but in any event not later than 3 days, after giving the notice. (3b) Within 14 days of a notice being given under subsection (3) the Commissioner must -- 15 (a) refer the matter in respect of which the notice was given to the State Administrative Tribunal; and (b) ensure that any other proceedings under this Division in respect of the matter commenced 20 before the notice was given are discontinued. ". 1150. Section 68 amended (1) Section 68(2) is repealed and the following subsections are inserted instead -- 25 " (2) Subject to subsection (2a), a cancellation of an endorsement is not effective unless a licensing officer -- (a) has given to the licensee written notice of the 30 intention to cancel the endorsement stating the grounds on which the cancellation is intended to be made and allowing the licensee 21 days within which to respond to the notice; page 531 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 121 Security and Related Activities (Control) Act 1996 s. 1151 (b) has had due regard to any response to the notice made within that time; and (c) has given to the licensee written notice of cancellation of the endorsement at least 14 days 5 before the cancellation is to take effect, stating the grounds on which the cancellation is made. (2a) If in the opinion of the licensing officer the safety or welfare of members of the public is or may be at risk from the continuance in force of an endorsement the 10 licensing officer may give to the licensee written notice of the cancellation stating the grounds on which the cancellation is made, and the endorsement is cancelled when the notice is received or deemed to be received by the licensee. 15 (2b) A person to whom notice of cancellation of an endorsement is given must comply with any directions of a licensing officer in relation to delivering up the licence and the identity card issued to the person. Penalty: $2 000. 20 ". (2) Section 68(3) is amended by deleting "section 67(4) as applied by subsection (2)," and inserting instead -- " subsection (2b) ". 1151. Part 7 Division 5 heading replaced 25 The heading to Part 7 Division 4 is deleted and the following heading is inserted instead -- " Division 5 -- Review of licensing decisions ". 30 1152. Section 71 repealed Section 71 is repealed. page 532 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Security and Related Activities (Control) Act 1996 Division 121 s. 1153 1153. Section 72 replaced Section 72 is repealed and the following section is inserted instead -- " 5 72. Application for review (1) Any person aggrieved by a reviewable decision of a licensing officer may apply to State Administrative Tribunal for a review of the decision. (2) In subsection (1) -- 10 "person aggrieved" means a person whose licence is affected by a reviewable decision or who applies for the grant or renewal of a licence; "reviewable decision" means a decision -- (a) to refuse to issue or renew a licence or refuse 15 to grant an endorsement under section 24 or 26; (b) as to the period for which a licence is issued or renewed; (c) as to a condition or restriction which is 20 attached to a licence or an endorsement under section 24 or 26; (d) to revoke a licence; or (e) to cancel an endorsement under section 24 or 26; 25 ". page 533 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 121 Security and Related Activities (Control) Act 1996 s. 1154 1154. Sections 73 and 74 replaced Sections 73 and 74 are repealed and the following sections are inserted instead -- " 5 73. Surrender of licence Despite the surrender by a person of the person's licence, this Act applies, for the purpose of enabling the person to be investigated or otherwise dealt with for a matter arising before the surrender, as if the licence 10 had not been surrendered. 74. Suspension of licence by State Administrative Tribunal (1) Where the State Administrative Tribunal makes an order against a licensee and payment is not made in 15 accordance with the order or the order is otherwise not complied with or is breached, the State Administrative Tribunal may suspend the person's licence until the payment is made, or for such period or upon such event occurring as the State Administrative Tribunal thinks fit. 20 (2) The power conferred on the State Administrative Tribunal by subsection (1) is in addition to, and does not derogate from, the powers conferred on it by the State Administrative Tribunal Act 2003. ". page 534 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Security and Related Activities (Control) Act 1996 Division 121 s. 1155 1155. Section 81 amended Section 81(2) is repealed and the following subsections are inserted instead -- " 5 (2) Subject to subsection (3), a revocation of a crowd controller's licence is not effective unless a licensing officer -- (a) has given to the licensee written notice of the intention to revoke the licence stating the 10 grounds on which the revocation is intended to be made and allowing the licensee 21 days within which to respond to the notice; (b) has had due regard to any response to the notice made within that time; and 15 (c) has given to the licensee written notice of revocation of the licence at least 14 days before the revocation is to take effect, stating the grounds on which the revocation is made. (3) If in the opinion of the licensing officer the safety or 20 welfare of members of the public is or may be at risk from the continuance in force of a crowd controller's licence the licensing officer may give to the licensee written notice of the revocation stating the grounds on which the revocation is made, and the licence is 25 revoked when the notice is received or deemed to be received by the licensee. (4) A person to whom notice of revocation of a licence is given must comply with any directions of a licensing officer in relation to delivering up the licence and the 30 identity card issued to the person. Penalty: $2 000. ". page 535 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 122 Settlement Agents Act 1981 s. 1156 1156. Section 94 amended Section 94(2)(b) is amended by deleting "ground on which a licence may be revoked under section 67." and inserting instead -- 5 " proper cause for disciplinary action against a licensee under section 67(1a)(d). ". Division 122 -- Settlement Agents Act 1981 10 1157. The Act amended The amendments in this Division are to the Settlement Agents Act 1981*. [* Reprinted as at 3 November 2000. For subsequent amendments see Western Australian 15 Legislation Information Tables for 2002, Table 1, p. 354 and Act No. 21 of 2003.] 1158. Section 3 amended Section 3(1) is amended by deleting the definition of "proceedings". 20 1159. Part II Division 3 heading replaced The heading to Part II Division 3 is deleted and the following heading is inserted instead -- " Division 3 -- Review of decision of the Board 25 ". 1160. Sections 19 to 22 repealed Sections 19 to 22 are repealed. page 536 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Settlement Agents Act 1981 Division 122 s. 1161 1161. Section 23 replaced Section 23 is repealed and the following section is inserted instead -- " 5 23. Application for review (1) Any person aggrieved by a reviewable decision of the Board may apply to the State Administrative Tribunal for a review of the decision. (2) In subsection (1) -- 10 "person aggrieved" means -- (a) a person whose licence or triennial certificate is affected by a reviewable decision or who, under Part III, applies for or objects to the grant of a licence or applies for the renewal 15 of a triennial certificate; (b) a person affected by a decision of the Board under Part IV Division 2; or (c) a person claiming against, or seeking the leave of the Board to commence an action in 20 relation to, the Fidelity Guarantee Fund; "reviewable decision" means -- (a) a decision under Part III other than -- (i) a decision under section 35; or (ii) a determination of the form in which an 25 application or objection is made; (b) a decision under Part IV Division 2; or (c) a decision under section 93 or 95. ". 1162. Section 24 amended 30 Section 24(5) is repealed. page 537 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 122 Settlement Agents Act 1981 s. 1163 1163. Section 25 amended Section 25(4) is repealed. 1164. Section 30 amended After section 30(4) the following subsection is inserted -- 5 " (5) Despite the surrender by a person of a licence or triennial certificate, this Act applies, for the purpose of enabling the person to be investigated or otherwise dealt with for a matter arising before the surrender, as 10 if the licence or certificate had not been surrendered. ". 1165. Section 33 amended Section 33(5) is repealed. 1166. Section 34 amended 15 Section 34(4) is repealed. 1167. Section 34A and 34B inserted After section 34 the following sections are inserted -- " 34A. Unopposed applications 20 (1) Subject to this Part, a licence may be granted and a triennial certificate may be granted or renewed, (as long as there is no objection in respect of a licence and special conditions are not imposed or changed) by -- (a) the Board, in a meeting at any time and place; 25 or (b) the Registrar, at any time or place, without notice to the applicant, and the performance of a function by the Registrar under this subsection is to be treated as performance by the Board. page 538 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Settlement Agents Act 1981 Division 122 s. 1168 (2) Where the Board or Registrar performs a function under subsection (1), the Registrar shall forthwith deliver the licence or triennial certificate or the renewed triennial certificate, as the case may be, to the 5 applicant. (3) Sections 27, 28, and 29 apply to the Registrar in the performance of a function under subsection (1) as if a reference in any of those provisions to the Board being satisfied as to a matter were a reference to the Registrar 10 being satisfied as to the matter. 34B. Suspension of licence by State Administrative Tribunal (1) Where the State Administrative Tribunal makes an order against a licensee and payment is not made in 15 accordance with the order or the order is otherwise not complied with or is breached, the State Administrative Tribunal may suspend the licence until the payment is made, or for such period or upon such event occurring as the State Administrative Tribunal thinks fit. 20 (2) The power conferred on the State Administrative Tribunal by subsection (1) is in addition to, and does not derogate from, the powers conferred on it by Part IV Division 3 or by the State Administrative Tribunal Act 2003. 25 ". 1168. Section 57 repealed Section 57 is repealed. page 539 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 122 Settlement Agents Act 1981 s. 1169 1169. Section 83 replaced Section 83 is repealed and the following section is inserted instead -- " 5 83. Disciplinary proceedings against settlement agents The Board may allege to the State Administrative Tribunal that there is proper cause for disciplinary action, as mentioned in section 84(2). ". 10 1170. Section 84 amended (1) Section 84(1) is amended as follows: (a) by deleting "If after conducting an inquiry under section 83(1) the Board is satisfied that proper cause exists for disciplinary action, the Board" and inserting 15 instead -- " If, in a proceeding commenced by an allegation under section 83 the State Administrative Tribunal is satisfied that proper cause exists for disciplinary action, the 20 State Administrative Tribunal "; (b) in paragraph (c) by deleting "Board" in both places where it occurs and inserting instead -- " State Administrative Tribunal ". 25 (2) Section 84(2) is amended as follows: (a) in paragraph (a) by deleting "Board" and inserting instead -- " State Administrative Tribunal "; (b) in paragraph (d) by deleting "Board" and inserting 30 instead -- " State Administrative Tribunal ". page 540 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Settlement Agents Act 1981 Division 122 s. 1171 (3) Section 84(3) is amended as follows: (a) by deleting "Board" and inserting instead -- " State Administrative Tribunal "; (b) by deleting paragraph (a) and "and" after it. 5 (4) Section 84(4) is amended by deleting "Board" and inserting instead -- " State Administrative Tribunal ". 1171. Section 102B amended Section 102B is amended as follows: 10 (a) by deleting paragraph (d); (b) in paragraph (e) by inserting after "fines" -- " , other than those imposed by the State Administrative Tribunal, that are 15 "; (c) in paragraph (f) by deleting ", (d)". 1172. Section 112 amended After section 112(1) the following subsection is inserted -- " 20 (2) The Board's annual report is to include details of -- (a) the number, nature, and outcome, of -- (i) investigations and inquiries undertaken by, or at the direction of, the Board or the Registrar; and 25 (ii) matters that have been brought before the State Administrative Tribunal under this Act; (b) the number and nature of matters referred to in paragraph (a) that are outstanding; page 541 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 122 Settlement Agents Act 1981 s. 1173 (c) any trends or special problems that may have emerged; (d) forecasts of the workload of the Board in the year after the year to which the report relates; 5 and (e) any proposals for improving the operation of the Board. ". 1173. Section 123 amended 10 Section 123(2) is amended as follows: (a) by deleting paragraph (b); (b) in paragraph (f) by inserting after "of this Act" -- " , but not in connection with the initiation of a 15 proceeding before the State Administrative Tribunal ". 1174. Various references to "District Court" amended The Act is amended by deleting "District Court" in each place 20 specified in the Table to this section and inserting instead -- " State Administrative Tribunal ". Table s. 73(1) (3 places) s. 73(2) (both places) s. 73(4) s. 74(1) (4 places) s. 74(2) (3 places) s. 74(3) (both places) s. 74(4)(b) (both places) s. 78 (both places) s. 79(1) (both places) s. 79(3) and (4) page 542 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Soil and Land Conservation Act 1945 Division 123 s. 1175 Division 123 -- Soil and Land Conservation Act 1945 1175. The Act amended The amendments in this Division are to the Soil and Land Conservation Act 1945*. 5 [* Reprinted as at 12 August 1997. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 359.] 1176. Section 25B amended Section 25B(4) is amended as follows: 10 (a) by deleting "of the allowance, wholly or in part,"; (b) by deleting "or an appeal"; (c) by inserting after "Valuation of Land Act 1978" -- " or a review by the State Administrative Tribunal ". 1177. Section 33 repealed 15 Section 33 is repealed. 1178. Section 34 amended (1) Section 34(1) is amended by deleting ", within 30 days of service of the notice, appeal against the notice to the Minister by causing written grounds of his objection to be served on the 20 Minister." and inserting instead -- " apply to the State Administrative Tribunal for a review of the decision of the Commissioner to issue the notice. ". 25 (2) Section 34(2) and (3) are repealed. page 543 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 123 Soil and Land Conservation Act 1945 s. 1179 (3) Section 34(4) is amended as follows: (a) by deleting "appeal" in the first, third and fourth places where it occurs and inserting instead -- " application for review "; 5 (b) by deleting "appeal" in the second place where it occurs and inserting instead -- " application "; (c) by deleting "of this section" in both places where it occurs. 10 1179. Section 34A amended Section 34A(3) is amended as follows: (a) in paragraph (a) by deleting "quashed under section 33 or 34" and inserting instead -- " 15 withdrawn as a result of an application under section 34 "; (b) in paragraph (b) by deleting "or 39"; (c) by inserting after "soil conservation notice was 20 quashed" -- " , withdrawn ". 1180. Section 39 amended (1) Section 39(1) is amended by deleting "appeal against the refusal to the Minister by causing written grounds of his appeal to be 25 served on the Minister." and inserting instead -- " apply to the State Administrative Tribunal for a review of the refusal. ". 30 (2) Section 39(2) and (3) are repealed. page 544 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Stamp Act 1921 Division 124 s. 1181 1181. Section 39A repealed Section 39A is repealed. 1182. Section 48 amended Section 48(2)(j) is deleted. 5 Division 124 -- Stamp Act 1921 1183. The Act amended The amendments in this Division are to the Stamp Act 1921*. [* Reprinted as at 3 August 2001. For subsequent amendments see Western Australian 10 Legislation Information Tables for 2002, Table 1, p. 368 and Act No. 21 of 2003.] 1184. Section 75JA amended Section 75JA(5) is amended by deleting "non-reviewable" and inserting instead -- 15 " directly reviewable ". 1185. Section 75JB amended Section 75JB(9) is amended by deleting "non-reviewable" and inserting instead -- " directly reviewable ". 20 Division 125 -- State Superannuation Act 2000 1186. The Act amended The amendments in this Division are to the State Superannuation Act 2000*. [* Act No. 42 of 2000. 25 For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 370 and Act No. 21 of 2003.] page 545 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 126 Strata Titles Act 1985 s. 1187 1187. Section 13 amended (1) Section 13(3)(a) is amended by deleting "appeal to a Judge" and inserting instead -- " 5 apply to the State Administrative Tribunal for a review of the decision ". (2) Section 13(4) is repealed and the following subsection is inserted instead -- 10 " (4) A referral under subsection (3)(b)is to be made and dealt with in accordance with the regulations. ". (3) Section 13(5) is amended by deleting "an appeal or". 15 1188. Section 38 amended Section 38(2)(l) is deleted and the following paragraph is inserted instead -- " (l) reviews, other than by the State Administrative 20 Tribunal, of decisions of the Board. ". Division 126 -- Strata Titles Act 1985 1189. The Act amended The amendments in this Division are to the Strata Titles 25 Act 1985*. [* Reprinted as at 1 July 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 376-7.] page 546 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Strata Titles Act 1985 Division 126 s. 1190 1190. Section 3 amended Section 3 is amended by deleting the definition of "referee". 1191. Section 3B amended Section 3B(7) is amended by deleting "under Division 4" and 5 inserting instead -- " against the refusal ". 1192. Section 16 amended (1) Section 16(1) and (2) are amended by deleting "a Land Valuation Tribunal" in each place where it occurs and inserting 10 instead -- " the State Administrative Tribunal ". (2) Section 16(3) is amended as follows: (a) in paragraph (b) by deleting "the Land Valuation Tribunal" and inserting instead -- 15 " the State Administrative Tribunal "; (b) by deleting all of the subsection after "of the application" and inserting instead a full stop. (3) After section 16(3) the following subsection is inserted -- " 20 (3a) Subsection (3) does not limit the ability of the State Administrative Tribunal to order that a person be joined as a party to the proceedings. ". (4) Section 16(4) is amended as follows: 25 (a) by deleting "the Land Valuation Tribunal" and inserting instead -- " the State Administrative Tribunal "; page 547 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 126 Strata Titles Act 1985 s. 1193 (b) by deleting "the Tribunal" and inserting instead -- " the State Administrative Tribunal ". (5) Section 16(6) is amended as follows: (a) by deleting "The Land Valuation Tribunal" and 5 inserting instead -- " The State Administrative Tribunal "; (b) by deleting "the Tribunal" and inserting instead -- " the State Administrative Tribunal ". 1193. Section 21G amended 10 Section 21G(1)(b) is amended by deleting "a referee" and inserting instead -- " the executive officer of the State Administrative Tribunal ". 1194. Section 21T amended Section 21T(1)(a) is amended by deleting "a referee" and 15 inserting instead -- " the executive officer of the State Administrative Tribunal ". 1195. Section 23 amended (1) Section 23(1)(a) is amended by deleting all of the paragraph after "local government" and inserting instead -- 20 " at first instance, or as a result of a review by the State Administrative Tribunal; ". (2) Section 23(3) is amended by deleting "or on appeal by order of 25 the relevant Minister" and inserting instead -- " or as a result of a review by the State Administrative Tribunal ". page 548 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Strata Titles Act 1985 Division 126 s. 1196 1196. Section 24 amended Section 24(7) is amended by deleting "8" and inserting instead -- " 8A ". 5 1197. Section 25 amended Section 25(2) is amended by deleting "8" and inserting instead -- " 8A ". 1198. Section 25B amended 10 (1) Section 25B(3) is repealed. (2) Section 25B(4)(a) is amended by deleting "certificate under subsection (3);" and inserting instead -- " certificate of the executive officer of the State 15 Administrative Tribunal to the effect that a successful application has been made to the State Administrative Tribunal for a review of the Commission's refusal or failure to give an approval referred to in subsection (2); ". 20 1199. Section 26 amended (1) Section 26(1)(l) is amended by deleting "8(3)(e)" and inserting instead -- " 8A(f) ". (2) Section 26(3)(b) is amended as follows: 25 (a) by deleting "to appeal against the refusal"; (b) by inserting after "this section" -- " to apply for a review of the refusal ". page 549 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 126 Strata Titles Act 1985 s. 1199 (3) Section 26(4) is amended as follows: (a) by deleting "appeal to the Minister to whom the administration of the Local Government (Miscellaneous Provisions) Act 1960 is for the time being committed by 5 the Governor against" and inserting instead -- " apply to the State Administrative Tribunal for a review of "; 10 (b) in paragraph (a) by deleting "of the kind referred to in subsection (1)(a), (b), (d), (h), (i) and (l)(i);" and inserting instead -- " ; or "; (c) in paragraph (b) by deleting "of the kind referred to in 15 subsection (1)(i); or" and inserting instead a full stop; (d) by deleting paragraph (c). (4) Section 26(5) is amended as follows: (a) by deleting "Subject to this section, an applicant may appeal under" and inserting instead -- 20 " A review is to be in accordance with "; (b) by deleting "against" and inserting instead -- " , if the review is of "; (c) by inserting after paragraph (a) -- " or "; 25 (d) by deleting at the end of paragraph (b) the semicolon and "or" after it and inserting instead a full stop; (e) by deleting paragraph (c). (5) After section 26(5) the following subsection is inserted -- " 30 (6) For the purposes of subsections (4) and (5), if a local government fails to notify its approval of an page 550 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Strata Titles Act 1985 Division 126 s. 1200 application to the applicant within 40 days of receiving the application, it is taken to have refused the application at the end of that period. ". 5 (6) Section 26(7) is amended as follows: (a) by deleting "appeal" and inserting instead -- " application "; (b) by deleting "commenced" and inserting instead -- " made "; 10 (c) by deleting all of the subsection after "case may be" and inserting instead a full stop. (7) Section 26(8), (9), (10), (11) and (12) are repealed. 1200. Section 27 amended (1) Section 27(3) is amended as follows: 15 (a) by deleting "appeal under" and inserting instead -- " apply to the State Administrative Tribunal for a review, in accordance with "; 20 (b) by deleting "against" and inserting instead -- " , of "; (c) by inserting after paragraph (a) -- " or "; (d) by deleting at the end of paragraph (b) the semicolon 25 and "or" after it and inserting instead a full stop; (e) by deleting paragraph (c). (2) After section 27(3) the following subsection is inserted -- " (4) For the purposes of subsection (3), if a local 30 government fails to notify its approval of an page 551 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 126 Strata Titles Act 1985 s. 1201 application to the applicant within 40 days of receiving the application, it is taken to have refused the application at the end of that period. ". 5 (3) Section 27(6) is amended as follows: (a) by deleting "appeal" and inserting instead -- " application "; (b) by deleting "Town Planning Appeal Tribunal may be commenced" and inserting instead -- 10 " State Administrative Tribunal may be made "; (c) by deleting all of the subsection after "case may be" and inserting instead a full stop. (4) Section 27(7), (8), (9) and (10) are repealed. 1201. Section 38 amended 15 Section 38(3) is amended by deleting ", tribunal or a referee" and inserting instead -- " or tribunal ". 1202. Section 39 amended Section 39(1)(e) is amended by deleting ", tribunal or referee" 20 and inserting instead -- " or tribunal ". 1203. Section 39A amended Section 39A(5) is amended by deleting "The referee" and inserting instead -- 25 " The State Administrative Tribunal ". 1204. Section 47 amended Section 47(2)(d)(ii) is amended by deleting "or the referee". page 552 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Strata Titles Act 1985 Division 126 s. 1205 1205. Section 62 amended Section 62(2) is amended by deleting "appeal against" and inserting instead -- " review of ". 5 1206. Section 64 amended Section 64(1) is amended as follows: (a) by deleting "appeal" in the first place where it occurs and inserting instead -- " review "; 10 (b) by deleting "appeal against" and inserting instead -- " seek a review of ". 1207. Part VI Division 1 repealed Part VI Division 1 is repealed. 1208. Section 77 amended 15 Section 77 is amended as follows: (a) by deleting by deleting "An" and inserting instead -- " In addition to complying with any requirements of the State Administrative Tribunal Act 2003, an 20 "; (b) by deleting paragraph (a); (c) by inserting after paragraph (b) -- " and "; (d) by deleting at the end of paragraph (c) the semicolon 25 and "and" after it and inserting instead a full stop; (e) by deleting paragraph (d). page 553 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 126 Strata Titles Act 1985 s. 1209 1209. Section 77A repealed Section 77A is repealed. 1210. Section 79 amended (1) Section 79(1) is repealed. 5 (2) Section 79(2) is amended by deleting "under subsection (1)(a) or (c)" and inserting instead -- " of an application to the State Administrative Tribunal under this Part 10 ". 1211. Part VI Division 2A repealed Part VI Division 2A is repealed. 1212. Part VI Division 3 heading amended The heading to Part VI Division 3 is amended by deleting 15 "referee" and inserting instead -- " State Administrative Tribunal ".. 1213. Section 81 amended (1) Section 81(1) is repealed and the following subsection is inserting instead -- 20 " (1) The State Administrative Tribunal may make an order sought by the applicant and an order made may be expressed in terms different from the order sought, so long as it does not 25 differ in substance from the order sought. ". (2) Section 81(2a) is repealed. page 554 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Strata Titles Act 1985 Division 126 s. 1214 (3) Section 81(7) is amended as follows: (a) by deleting "Subject to sections 79(1)(d) and 103H(8), a referee may not" and inserting instead -- " The State Administrative Tribunal cannot ". 5 (b) by deleting the full stop at the end of the subsection and inserting instead -- " except -- (c) when allowing an applicant to amend the 10 application, to compensate persons for time unnecessarily spent in connection with the application; or (d) under section 103H(8). ". 15 (4) Section 81(8) and (9) are repealed. 1214. Section 82 amended (1) Section 82(2) is amended by deleting "he" in the third place where it occurs and inserting instead -- " it ". 20 (2) Section 82(3) is repealed and the following subsection is inserted instead -- " (3) An interim order may be made or renewed notwithstanding that the time within which a person 25 may make a written submission has not expired. ". (3) Section 82(4) is amended as follows: (a) in paragraph (b) by deleting "District Court under section 106 or by a referee under subsection (5), when it 30 is so revoked" and inserting instead -- " Supreme Court on appeal from the State Administrative Tribunal "; page 555 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 126 Strata Titles Act 1985 s. 1215 (b) in paragraph (c) by deleting "where" and inserting instead -- " if the State Administrative Tribunal (or the 5 Supreme Court on appeal from the State Administrative Tribunal) "; (c) in paragraph (c)(i) and (ii) by deleting "a referee"; (d) in paragraph (c) by deleting all of the paragraph after 10 "application" in paragraph (c)(ii) and inserting instead a full stop. (4) Section 82(5) is amended by deleting "he does so, he" and inserting instead -- " it does so, ". 15 (5) Section 82(6) is repealed. 1215. Section 83 amended Section 83(5) is amended by deleting "by the District Court". 1216. Section 84 amended (1) Section 84(1)(a), (b) and (c) are amended by deleting "him" and 20 inserting instead -- " it ". (2) Section 84(3) is amended by deleting "the referee" and inserting instead -- " it ". 25 1217. Section 85 amended Section 85 is amended by deleting "the referee" in the second place where it occurs and inserting instead -- " it ". page 556 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Strata Titles Act 1985 Division 126 s. 1218 1218. Section 89 amended Section 89 is amended by deleting "by him". 1219. Section 97 amended Section 97(2) is amended by deleting "he" and inserting 5 instead -- " it ". 1220. Section 98 amended Section 98 is amended by deleting "to a Land Valuation Tribunal". 10 1221. Section 99 amended Section 99(2) is amended as follows: (a) by deleting "of a referee"; (b) in paragraphs (a) and (b) by deleting "of the referee" in each place where it occurs. 15 1222. Section 99A amended Section 99A(4) is amended by deleting "him" and inserting instead -- " it ". 1223. Section 102 amended 20 (1) Section 102(2) is amended as follows: (a) by deleting "A referee who" and inserting instead -- " If it "; (b) by inserting after "subsection (1)" -- " , the State Administrative Tribunal ". page 557 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 126 Strata Titles Act 1985 s. 1224 (2) Section 102(5) is amended by deleting "the referee specifies" and inserting instead -- " are specified ". 1224. Section 103F amended 5 Section 103F(5) is amended by deleting "The referee" and inserting instead -- " The State Administrative Tribunal ". 1225. Section 103H amended Section 103H(6) is amended by deleting "referee" and inserting 10 instead -- " executive officer of the State Administrative Tribunal ". 1226. Section 104 amended (1) Section 104(1) is amended by deleting "An order by a referee shall be made in writing and a copy, certified by the referee to 15 be a true copy, shall be served by the referee" and inserting instead -- " A copy of an order by the State Administrative Tribunal shall be served 20 ". (2) Section 104(2) is amended by deleting "the referee's" and inserting instead -- " the State Administrative Tribunal's ". 1227. Sections 105, 106 and 107 repealed 25 Sections 105, 106 and 107 are repealed. 1228. Section 110 repealed Section 110 is repealed. page 558 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Strata Titles Act 1985 Division 126 s. 1229 1229. Section 111 amended Section 111(1) is amended by deleting "District Court under this Division" and inserting instead -- " 5 Supreme Court from the State Administrative Tribunal ". 1230. Section 113 amended (1) Section 113(1) is repealed. (2) Section 113(2) is amended as follows: 10 (a) by deleting "sent to the referee under subsection (1), the referee shall cause a copy of the order, certified by him to be a true copy," and inserting instead -- " made by the Supreme Court on appeal from the State 15 Administrative Tribunal , the executive officer of the State Administrative Tribunal shall cause a copy of the order "; (b) by deleting paragraph (c). 20 1231. Section 114 amended (1) Section 114(2) is amended by deleting "by the referee". (2) Section 114(5) is amended as follows: (a) by inserting after paragraph (a) -- " and "; 25 (b) in paragraph (b) by deleting the semicolon and inserting instead a full stop; (c) by deleting paragraphs (c) and (d) and "and" after paragraph (c). (3) Section 114(6) is repealed. page 559 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 126 Strata Titles Act 1985 s. 1232 1232. Section 115 amended Section 115(1)(b) is amended as follows: (a) by deleting "referee to be registered" and inserting instead -- 5 " State Administrative Tribunal to be recorded "; (b) by deleting "referee" and inserting instead -- " executive officer of the State Administrative Tribunal ". 10 1233. Sections 116 to 119 repealed Sections 116, 116A, 117, 118 and 119 are repealed. 1234. Sections 128 repealed Section 128 is repealed. 1235. Section 130 amended 15 Section 130 is amended as follows: (a) in paragraph (b) -- (i) by deleting "including" and inserting instead -- " except "; and (ii) by deleting "referees" and inserting instead -- 20 " the State Administrative Tribunal "; (b) after paragraph (f) by inserting "and"; (c) by deleting paragraphs (g) and (h) and "and" after paragraph (h). page 560 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Strata Titles Act 1985 Division 126 s. 1236 1236. Schedule 3 amended (1) Schedule 3 clause 12(11) is repealed and the following subclause is inserted instead -- " 5 (11) An application for an order referred to in subclause (10) cannot be accepted unless the proprietor satisfies the State Administrative Tribunal that the justice of the case requires that the application be accepted. ". 10 (2) Schedule 3 clause 13A(7) is repealed and the following subclause is inserted instead -- " (7) An application under subclause (5) cannot be accepted unless the proprietor satisfies the State Administrative 15 Tribunal that the justice of the case requires that the application be accepted. ". (3) Schedule 3 clause 13A(8) is amended by deleting "he" and inserting instead -- 20 " it ". 1237. Schedule 4 amended Schedule 4 clause 2(8) is repealed and the following subclause is inserted instead -- " 25 (8) An application for an order referred to in subclause (7) cannot be accepted unless the proprietor satisfies the State Administrative Tribunal that the justice of the case requires that the application be accepted. ". page 561 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 126 Strata Titles Act 1985 s. 1238 1238. Various references to "referee" amended (1) The Act is amended by deleting "a referee" in each place specified in the Table to this section and inserting instead -- " the State Administrative Tribunal ". 5 Table s. 3(1) (in the definition of "administrator") s. 39A(7) s. 42(2)(b) s. 77 s. 78(1) (both places) s. 78(2) s. 83(4) and (5) s. 84(2) and (3) s. 93(1) and (3) s. 94(1) s. 95(1) s. 97(1) s. 99(1) s. 99A(1) s. 100(1) s. 101 s. 102(1), (3) and (4) s. 103(1) s. 103A(1) and (3) s. 103B(1) s. 103C(1) s. 103D(1) s. 103E(1) and (3) s. 103F(1) and (3) s. 103G(1) and (4) s. 103H(1) and (3) s. 103I(1) s. 103J(1) and (3) s. 103K(1) s. 103L(1) and (3) s. 103M(1) s. 103N(1) s. 103O(1) (both places) page 562 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Strata Titles Act 1985 Division 126 s. 1238 s. 103P(1) s. 103Q(1) s. 103R(1) s. 114(4)(b) s. 121 s. 125(3) Sch. 3 item 12(10) (both places) Sch. 3 item 13A(5) and (6) Sch. 4 item 2(7)(a) and (b) (2) The Act is amended by deleting "A referee" in each place specified in the Table to this section and inserting instead -- " The State Administrative Tribunal ". Table s. 81(3) and (4) s. 82(5) s. 83(1) s. 84(1) s. 94(2) s. 97(2) s. 103H(8) s. 103I(4) 5 (3) The Act is amended by deleting "the referee" in each place specified in the Table to this section and inserting instead -- " the State Administrative Tribunal ". Table s. 3B(7)(c) s. 39A(4)(c)(ii) s. 39A(7) s. 42A(2) s. 47(2)(a) s. 81(2) s. 82(2) and (4)(a) s. 85 s. 86 (both places) s. 87 (both places) page 563 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 126 Strata Titles Act 1985 s. 1238 s. 88 (both places) s. 89 (both places) s. 90 (both places) s. 91 (both places) s. 92 (3 places) s. 95 (both places) s. 97(1) s. 98 (both places) s. 99(1) s. 99A(4) s. 100(1) s. 101 s. 103(2) and (3) s. 103B(2) and (3) s. 103C(3) s. 103D(4) s. 103H(2) and (8) s. 103I(3) s. 103K(3) and (4) s. 103L(2) s. 103M(4) s. 103N(5) s. 103O(5) s. 103P(3) s. 103Q(3) s. 103R(3) s. 104(1)(c) s. 114(1) s. 121 (both places) Sch. 2A item 14 Sch. 3 item 13A(6) and (8) page 564 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Strata Titles Act 1985 Division 126 s. 1239 1239. Various references to "by a referee" deleted The Act is amended by deleting "by a referee" in each place specified in the Table to this section. Table s. 3AB(2)(b) s. 21F(2)(c) s. 21Q(2)(c) 5 1240. Various references to "he is" deleted The Act is amended by deleting "he is" in each place specified in the Table to this section. Table s. 39A(5) s. 82(2) s. 93(3) s. 94(2) s. 103A(3) s. 103B(3) s. 103C(3) s. 103D(4) s. 103E(3) s. 103F(3) s. 103G(4)(a) and (b) s. 103H(3) s. 103I(3) s. 103J(3) s. 103K(3) and (4) s. 103L(3) s. 103M(4) s. 103N(5) s. 103O(5) s. 103P(3) s. 103Q(3) s. 103R(3) page 565 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 127 Subiaco Redevelopment Act 1994 s. 1241 Division 127 -- Subiaco Redevelopment Act 1994 1241. The Act amended The amendments in this Division are to the Subiaco Redevelopment Act 1994*. 5 [* Reprinted as at 25 February 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 378.] 1242. Section 52 amended (1) Section 52(1) is amended as follows: 10 (a) by deleting "appeal" and inserting instead -- " apply to the State Administrative Tribunal for a review "; (b) by deleting "from" and inserting instead -- 15 " of ". (2) Section 52(2) is repealed. 1243. Section 54 amended (1) Section 54(2) is amended by deleting "appeal under Part V of the Town Planning Act against" and inserting instead -- 20 " apply to the State Administrative Tribunal for a review, in accordance with Part V of the Town Planning Act, of the decision to give ". 25 (2) Section 54(3) is amended by deleting "appeal" and inserting instead -- " application ". page 566 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Swan River Trust Act 1988 Division 128 s. 1244 (3) Section 54(4) is amended as follows: (a) by deleting "Town Planning Appeal Tribunal" in the first place where it occurs and inserting instead -- " State Administrative Tribunal "; 5 (b) by deleting "the Town Planning Appeal Tribunal" in the second place where it occurs and inserting instead -- " it ". (4) Section 54(6) is amended as follows: (a) by deleting "in any court of competent jurisdiction"; 10 (b) by deleting "it in so doing" and inserting instead -- " the Authority in so doing as a debt in a court of competent jurisdiction ". 15 Division 128 -- Swan River Trust Act 1988 1244. The Act amended The amendments in this Division are to the Swan River Trust Act 1988*. [* Reprinted as at 1 December 2000.] 20 1245. Section 68 amended (1) Section 68(2) is amended by deleting all of the subsection after "the notice" and inserting instead -- " apply to the State Administrative Tribunal for a review 25 of the direction. ". (2) Section 68(3) by deleting "appeal" and inserting instead -- " application for a review ". (3) Section 68(4) is repealed. page 567 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 129 Taxation Administration Act 2003 s. 1246 Division 129 -- Taxation Administration Act 2003 1246. The Act amended The amendments in this Division are to the Taxation Administration Act 2003*. 5 [* Act No. 1 of 2003.] 1247. Section 16 amended Section 16(1)(b) is amended by deleting "a court or tribunal hearing an appeal under section 41" and inserting instead -- " the State Administrative Tribunal ". 10 1248. Section 17 amended Section 17(2)(a) is amended by deleting "a court or tribunal hearing an appeal under section 41" and inserting instead -- " the State Administrative Tribunal ". 1249. Part 4 heading amended 15 The heading to Part 4 is amended by deleting "appeals" and inserting instead -- " review ". 1250. Section 31 amended Section 31 is amended as follows: 20 (a) by deleting "and appeal" and inserting instead -- " or review "; (b) in paragraph (a) by deleting "or appeal"; page 568 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Taxation Administration Act 2003 Division 129 s. 1251 (c) in paragraph (a) by inserting after "under this Act" -- " or in a proceeding before the State Administrative Tribunal commenced under this 5 Act ". 1251. Section 32 amended Section 32 is amended as follows: (a) by deleting "or appeal"; 10 (b) by inserting after "based on the valuation" -- " or an application under this Act for a review ". 1252. Section 33 amended (1) Section 33 is amended as follows: (a) by inserting before "An objection" the subsection 15 designation "(1)"; (b) by deleting ", appeal". (2) At the end of section 33 the following subsection is inserted -- " (2) Despite anything in the State Administrative Tribunal 20 Act 2003, the State Administrative Tribunal cannot, before finally determining a matter brought before it under this Act, make an order that has the effect of suspending or deferring an obligation to pay tax. ". 25 1253. Section 34 amended (1) Section 34(2)(c) is amended by deleting "non-reviewable" and inserting instead -- " directly reviewable ". page 569 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 129 Taxation Administration Act 2003 s. 1254 (2) Section 34(4) is amended as follows: (a) by deleting "non-reviewable" and inserting instead -- " directly reviewable "; (b) by deleting "a Small Claims Tribunal constituted by a 5 Magistrate for the decision to be reconsidered." and inserting instead -- " the State Administrative Tribunal for a review of the decision. 10 ". (3) Section 34(5) is repealed. 1254. Section 38 amended (1) Section 38(4) is amended by deleting "appeal body" and inserting instead -- 15 " State Administrative Tribunal ". (2) Section 38(5) is amended by deleting "appeal body" and inserting instead -- " State Administrative Tribunal ". (3) Section 38(6) is repealed and the following subsection is 20 inserted instead -- " (6) The State Administrative Tribunal may decide the questions raised by the referred objection. ". 25 (4) Section 38(8) is repealed. page 570 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Taxation Administration Act 2003 Division 129 s. 1255 1255. Part 4 Division 3 heading amended The heading to Part 4 Division 3 is amended by deleting "Appeals" and inserting instead -- " Reviews ". 5 1256. Section 40 amended (1) Section 40(1) is amended by deleting "appeal against" and inserting instead -- " apply to the State Administrative Tribunal for a 10 review of ". (2) Section 40(2) is repealed. 1257. Section 41 repealed Section 41 is repealed. 15 1258. Section 42 amended (1) Section 42(1) is amended as follows: (a) by deleting "appeal" and inserting instead -- " application to the State Administrative Tribunal for a 20 review of a decision "; (b) by deleting "to which it relates". (2) Section 42(2) is repealed. page 571 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 129 Taxation Administration Act 2003 s. 1259 1259. Section 43 amended (1) Section 43(1) and (2) are repealed and the following subsections are inserted instead -- " 5 (1) When the State Administrative Tribunal is dealing with a matter brought before it under this Act other than a matter to which subsection (2) applies, the State Administrative Tribunal is to be constituted by, or include a member who is -- 10 (a) a judicial member; or (b) a senior member who is a legal practitioner. (2) When the State Administrative Tribunal is dealing with a matter brought before it under this Act that relates to an assessment or decision under the Debits Tax 15 Assessment Act 2002, the Pay-roll Tax Assessment Act 2002, or the Stamp Act 1921, the State Administrative Tribunal is to be constituted by its President sitting alone. (2a) In subsections (1) and (2) -- 20 "judicial member", "legal practitioner", "member", "President", and "senior member", each have the meanings given to those terms in section 3(1) of the State Administrative Tribunal Act 2003. (2b) Subsections (1) and (2) apply to the constitution of the 25 State Administrative Tribunal at every stage of a proceeding before it, including a directions hearing or other hearing of a procedural nature before the Tribunal. ". page 572 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Taxation Administration Act 2003 Division 129 s. 1260 (2) Section 43(3) is amended by inserting after "If " -- " , following an application under this Act to the State Administrative Tribunal for a review of a decision, 5 ". (3) Section 43(4) is amended as follows: (a) by deleting "(3)" and inserting instead -- " (1) "; (b) in paragraph (a) by deleting "a court or tribunal" and 10 inserting instead -- " the State Administrative Tribunal "; (c) in paragraph (b) by inserting after "rights of appeal against the" -- " State Administrative Tribunal's ". 15 1260. Section 43A inserted After section 43 the following section is inserted -- " 43A. Appeal from decision of State Administrative Tribunal 20 (1) An appeal from a decision of the State Administrative Tribunal can be brought on a question of law, of fact, or mixed law and fact, without having first obtained leave to appeal. (2) The appeal has to be instituted in accordance with the 25 rules of the Supreme Court and within the period of 28 days after -- (a) the day on which the Tribunal's decision is made; or (b) if the Tribunal gives oral reasons for the 30 decision and the appellant then requests it to give written reasons under section 78 of the page 573 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 129 Taxation Administration Act 2003 s. 1261 State Administrative Tribunal Act 2003, the day on which the written reasons are given to the appellant. ". 5 1261. Section 47 amended Section 47(8) is amended by deleting "non-reviewable" and inserting instead -- " directly reviewable ". 1262. Section 56 amended 10 Section 56(3) is amended by deleting "non-reviewable" and inserting instead -- " directly reviewable ". 1263. Section 57 amended Section 57(3) is amended by deleting "non-reviewable" and 15 inserting instead -- " directly reviewable ". 1264. Section 59 amended (1) Section 59 is amended by inserting before "No action" the subsection designation "(1)". 20 (2) At the end of section 59 the following subsection is inserted -- " (2) Subsection (1) does not prevent an appeal from a decision of the State Administrative Tribunal. ". page 574 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Taxi Act 1994 Division 130 s. 1265 1265. Glossary amended The Glossary is amended by deleting the definition of "non-reviewable decision" and inserting the following definition in the appropriate alphabetical position -- 5 " "directly reviewable decision" means a decision under a taxation Act that is expressed by the Act to be directly reviewable; ". 10 Division 130 -- Taxi Act 1994 1266. The Act amended The amendments in this Division are to the Taxi Act 1994*. [* Reprinted as at 11 October 2002.] 1267. Section 20 amended 15 (1) Section 20(4) is amended by deleting ", within 14 days of being notified of the imposition of that condition, appeal to a Local Court against" and inserting instead -- " apply to the State Administrative Tribunal for a 20 review of ". (2) Section 20(5) is repealed. 1268. Section 22 amended (1) Section 22(2) is amended by deleting ", within 14 days of being 25 served with the relevant notice, appeal to a Local Court against" and inserting instead -- " apply to the State Administrative Tribunal for a review of 30 ". page 575 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 130 Taxi Act 1994 s. 1269 (2) Section 22(3) is repealed. 1269. Section 23 amended (1) Section 23(3) is amended by deleting "appealed under subsection (4)" and inserting instead -- 5 " applied under subsection (4) for a review ". (2) Section 23(4) is amended as follows: (a) by inserting after "14 days" -- " after the day "; (b) by deleting "appeal to a Local Court against" and 10 inserting instead -- " apply to the State Administrative Tribunal for a review of ". 15 (3) Section 23(5) is repealed. 1270. Section 30 amended (1) Section 30(2)(b) is amended by deleting "appeal is lodged" and inserting instead -- " application for review is made ". 20 (2) Section 30(3) is amended as follows: (a) by inserting after "14 days after" -- " the day of "; (b) by deleting "appeal to a Local Court against" and inserting instead -- 25 " apply to the State Administrative Tribunal for a review of ". (3) Section 30(4) is repealed. page 576 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Town Planning and Development Act 1928 Division 131 s. 1271 1271. Section 37 amended (1) Section 37(2) is amended by deleting ", within 14 days of service of the notice under that subsection, appeal to a Local Court against" and inserting instead -- 5 " apply to the State Administrative Tribunal for a review of ". (2) Section 37(3) is repealed. 1272. Section 38 repealed Section 38 is repealed. Division 131 -- Town Planning and Development Act 1928 10 Subdivision 1 -- Amendments to the Act 1273. The Act amended The amendments in this Subdivision are to the Town Planning and Development Act 1928*. [* Reprinted as at 3 November 2000. 15 For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 397.] 1274. Section 2 amended (1) Section 2(1) is amended by deleting the definitions of "appeal", "deputy President", "member", "party", "President", "Principal 20 Registrar" and "Tribunal". (2) Section 2(1) is amended in the definition of "legal practitioner" by deleting "practitioner within the meaning of the Legal Practitioners Act 1893" and inserting instead -- " 25 person entitled to practise as a barrister and solicitor of the Supreme Court ". page 577 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 131 Town Planning and Development Act 1928 s. 1275 (3) Section 2(1) is amended in the definition of "regulations" by deleting "section 75" and inserting instead -- " the State Administrative Tribunal Act 2003 ". (4) Section 2(1) is amended in the definition of "rules" as follows: 5 (a) by inserting before "Tribunal" -- " State Administrative "; (b) by deleting "section 74" and inserting instead -- " the State Administrative Tribunal Act 2003 ". 1275. Section 7B amended 10 (1) Section 7B(6) is amended as follows: (a) in paragraph (a) by deleting "appeal under Part V." and inserting instead -- " apply to the State Administrative Tribunal for a 15 review, in accordance with Part V, of the decision to refuse or to impose the conditions. "; (b) in paragraph (c) by deleting "appeal" and inserting instead -- 20 " application for a review "; (c) in paragraph (d) by deleting "appeal" and inserting instead -- " apply for a review ". (2) Section 7B(8) is amended as follows: 25 (a) in paragraph (b) by deleting "appeal under Part V against" and inserting instead -- " apply to the State Administrative Tribunal for a review, in accordance with Part V, of the 30 decision to give "; page 578 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Town Planning and Development Act 1928 Division 131 s. 1276 (b) in paragraph (ba) by inserting before "Tribunal" -- " State Administrative "; (c) in paragraph (ba) by deleting "a direction appealed against" and inserting instead -- 5 " the direction ". (3) Section 7B(12)(a)(ii) is deleted and the following subparagraph is inserted instead -- " (ii) any decision for the review of which the 10 claimant has made an application under subsection (6) has been affirmed in whole or in part by the State Administrative Tribunal. ". 15 1276. Section 8A amended (1) Section 8A(1) is amended as follows: (a) by deleting "appeal against" and inserting instead -- " apply to the State Administrative Tribunal for a review, 20 in accordance with Part V, of "; (b) by deleting "under Part V". (2) Section 8A(2) is repealed and the following subsection is inserted instead -- 25 " (2) Subsection (1) does not affect the operation of a right given or taken to be given by a town planning scheme to apply for a review of a decision; but, where rights are given or taken to be given by a scheme and under 30 subsection (1), the exercise of one of those rights extinguishes the other right to apply for a review of the same decision. ". page 579 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 131 Town Planning and Development Act 1928 s. 1277 1277. Section 8B amended Section 8B is amended by deleting "appeal against that decision under Part V." and inserting instead -- " 5 apply to the State Administrative Tribunal for a review, in accordance with Part V, of the decision. ". 1278. Section 10AA amended Section 10AA is repealed and the following section is inserted 10 instead -- " 10AA. Review of section 10 direction A person to whom a direction is given under section 10 may apply to the State Administrative Tribunal for a 15 review, in accordance with Part V, of the decision to give the direction. ". 1279. Section 17 amended Section 17(3) is repealed and the following subsection is 20 inserted instead -- " (3) A local government may apply to the State Administrative Tribunal for a review, in accordance with Part V, of any order of the Minister under this 25 section. ". 1280. Section 18 amended (1) Section 18(2a) is amended by inserting before "Tribunal" -- " State Administrative ". page 580 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Town Planning and Development Act 1928 Division 131 s. 1281 (2) Section 18(2b) is amended by deleting "appeal." and inserting instead -- " application for review. ". (3) Section 18(2c) is amended by inserting before "Tribunal" -- 5 " State Administrative ". (4) Section 18(3) is repealed and the following subsection is inserted instead -- " (3) The local government may apply to the State 10 Administrative Tribunal for a review, in accordance with Part V, of any order of the Minister under subsection (2c). ". (5) Section 18(4) is repealed. 15 1281. Section 26 amended (1) Section 26(1) is amended as follows: (a) in paragraph (a) by deleting "appeal under Part V against" and inserting instead -- " 20 apply to the State Administrative Tribunal for a review, in accordance with Part V, of "; (b) in paragraph (ab) by deleting "appeal under Part V" and inserting instead -- 25 " apply to the State Administrative Tribunal for a review, in accordance with Part V, "; page 581 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 131 Town Planning and Development Act 1928 s. 1282 (c) in paragraph (ad) by deleting "appeal under Part V from" and inserting instead -- " apply to the State Administrative Tribunal for a 5 review, in accordance with Part V, of "; (d) by deleting paragraph (c). (2) Section 26(2) is amended as follows: (a) by deleting "appeal under" and inserting instead -- 10 " application under "; (b) by deleting "appeal from" and inserting instead -- " application for a review of ". 1282. Section 28A amended Section 28A(5) is repealed. 15 1283. Part V heading replaced The heading to Part V is deleted and the following heading is inserted instead -- " Part V -- Applications for review 20 ". 1284. Sections 36 and 37 replaced Sections 36 and 37 are repealed and the following sections are inserted instead -- " 25 36. When this Part applies (1) This Part applies if this Act or a planning scheme gives the State Administrative Tribunal jurisdiction to carry out a review in accordance with this Part. page 582 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Town Planning and Development Act 1928 Division 131 s. 1284 (2) Even if a planning scheme does not expressly give a person a right to apply to the State Administrative Tribunal for a review, in accordance with this Part, of a decision or matter, the planning scheme is taken to give 5 that right if -- (a) the planning scheme is expressed as conferring on the person a right to appeal against the decision, or to refer the matter, under Part V of this Act; or 10 (b) the planning scheme is expressed as conferring on the person a right to appeal or apply for review in respect of the matter and the matter involves the exercise by the responsible authority of a discretionary power. 15 (3) Subsection (2) applies even if the planning scheme provides for the appeal, referral or application to be made otherwise than to the State Administrative Tribunal or, in the circumstances described in paragraph (b) of that subsection, otherwise than in 20 accordance with Part V of this Act. (4) A provision in a planning scheme of the kind described in subsection (2)(a) or (b) has no effect other than the effect given to that provision by subsection (2). (5) In subsections (2), (3) and (4) -- 25 "planning scheme" means -- (a) a town planning scheme in force under this Act; (b) the Metropolitan Region Scheme; (c) a regional planning scheme; or 30 (d) any other instrument that the regulations specify to be a planning scheme for the purposes of subsection (2). page 583 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 131 Town Planning and Development Act 1928 s. 1285 37. Terms used in this Part In this Part, unless the contrary intention appears -- "ordinary member" has the meaning given to that term in section 3(1) of the State Administrative 5 Tribunal Act 2003; "party" has the meaning given to that term in section 36 of the State Administrative Tribunal Act 2003; "President" means the President of the State 10 Administrative Tribunal; "regional planning scheme" has the meaning given to that term in section 3 of the Western Australian Planning Commission Act 1985. ". 15 1285. Section 38 amended (1) Section 38(1) is amended by deleting "Each member is to be a person who, in the opinion of the Minister," and inserting instead -- " 20 The member constituting the State Administrative Tribunal, or each of them if there is more than one, is to be a person who ". (2) Section 38(2) is amended by deleting "As far as practicable, the 25 members appointed under section 37(1) are to between them have" and inserting instead -- " As far as practicable, the member is to have, or the members between them are to have, 30 ". page 584 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Town Planning and Development Act 1928 Division 131 s. 1285 (3) Section 38(3) to (5) are repealed and the following subsections are inserted instead -- " (3) If the application is for a review of a decision referred 5 to in section 8B or a decision relating to an environmental condition, the member constituting the State Administrative Tribunal, or at least one of them if there is more than one, is to be a person who has knowledge of and experience in the field of 10 environmental science. (4) Unless this subsection does not apply because of subsection (5), the State Administrative Tribunal is to be constituted by an ordinary member sitting alone when dealing with -- 15 (a) an application for a review of -- (i) the determination of, or conditions imposed in respect of, a planning application to commence a development of a value of less than $250 000 or such 20 other amount as is prescribed by the regulations; (ii) the determination of, or conditions imposed in respect of, a planning application to commence a development 25 of a single house on a single lot of a value that is less than $500 000 or such other amount as is prescribed by the regulations, or any development ancillary to that development; or 30 (iii) the determination of, or conditions imposed in respect of, an application for approval to subdivide a lot into not more than 3 lots; or page 585 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 131 Town Planning and Development Act 1928 s. 1286 (b) an application that the applicant, with the agreement of each other party, has elected at the time of making the application to have determined by an ordinary member sitting 5 alone. (5) Subsection (4) does not apply if the President is of the opinion that the application is likely to raise complex or significant planning issues. ". 10 1286. Section 39 repealed Section 39 is repealed. 1287. Part V Divisions 2 and 3 repealed Part V Divisions 2 and 3 are repealed. 1288. Part V Division 4 heading deleted 15 The heading to Part V Division 4 is deleted. 1289. Sections 47 to 57 repealed Sections 47, 48, 49, 50, 51, 52, 53, 54, 55, 56 and 57 are repealed. 1290. Section 58 amended 20 (1) Section 58(1) and (2) are repealed. (2) Section 58(3) is amended as follows: (a) by deleting "An appellant in an appeal referred to in section 40(3)" and inserting instead -- " 25 In the case of an application described in section 38(4)(a), the applicant "; page 586 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Town Planning and Development Act 1928 Division 131 s. 1291 (b) by deleting "appeal is commenced" and inserting instead -- " application is made "; (c) by deleting "appeal" and inserting instead -- 5 " application ". (3) Section 58(4) is amended as follows: (a) by deleting "appellant" in each place where it occurs and inserting instead -- " applicant "; 10 (b) by deleting "appeal" in the first place where it occurs and in paragraph (b) and inserting instead -- " application "; (c) in paragraph (a) by deleting "has given a direction under section 40(4) in respect of the appeal" and inserting 15 instead -- " , being of the opinion that the application is likely to raise complex or significant planning issues, directs that the parties may be so 20 represented "; (d) in paragraph (b) by inserting after "directs" -- " in any other case ". 1291. Section 59 repealed 25 Section 59 is repealed. 1292. Section 60 amended Section 60 is amended as follows: (a) by deleting "appeal to the Tribunal from" and inserting instead -- 30 " application for the review of "; page 587 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 131 Town Planning and Development Act 1928 s. 1293 (b) by inserting before "Tribunal" -- " State Administrative "; (c) by deleting "appeal." and inserting instead -- " application. ". 5 1293. Section 61 amended (1) Section 61(1) is amended as follows: (a) by deleting "appeal the Appeal Tribunal" and inserting instead -- " 10 application in accordance with this Part the State Administrative Tribunal "; (b) in paragraph (b) by deleting "appeal." and inserting instead -- 15 " application. ". (2) Section 61(2) is amended as follows: (a) by deleting "appeal" in both places where it occurs and inserting instead -- " application "; 20 (b) by inserting before "Tribunal" -- " State Administrative ". (3) Section 61(3) is amended as follows: (a) by deleting "appeal against" and inserting instead -- " application for a review of "; 25 (b) by deleting "appellant" and inserting instead -- " applicant "; (c) by inserting before "Tribunal" in each place where it occurs -- " State Administrative ". page 588 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Town Planning and Development Act 1928 Division 131 s. 1294 1294. Section 62 replaced Section 62 is repealed and the following section is inserted instead -- " 5 62. Submissions from persons who are not parties The State Administrative Tribunal may receive or hear submissions in respect of an application from a person who is not a party to the application if the Tribunal is of the opinion that the person has a sufficient interest in 10 the matter. ". 1295. Sections 63 to 65 repealed and section 63 inserted Sections 63, 64 and 65 are repealed and the following section is inserted instead -- 15 " 63. Exclusion of powers to join parties Section 38 of the State Administrative Tribunal Act 2003 does not apply in a proceeding for a review in accordance with this Part. 20 ". 1296. Section 66 amended (1) Section 66(1) is repealed and the following subsection is inserted instead -- " 25 (1) The State Administrative Tribunal constituted by the President may, of its own motion or upon an application made under subsection (3), review a direction, determination or order upon a matter involving a question of law that was made by the State 30 Administrative Tribunal when constituted without a page 589 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 131 Town Planning and Development Act 1928 s. 1297 legally qualified member as defined in section 3(1) of the State Administrative Tribunal Act 2003 . ". (2) Section 66(2) is amended by inserting before "Tribunal" in both 5 places where it occurs -- " State Administrative ". (3) Section 66(3) is amended as follows: (a) by inserting before "review of a direction" -- " a "; 10 (b) by deleting "to the appeal". (4) Section 66(4) is amended by deleting "under section 63". (5) Section 66(5) is amended by inserting before "Tribunal" -- " State Administrative ". 1297. Sections 67 and 68 repealed 15 Sections 67 and 68 are repealed. 1298. Part V Division 5 heading deleted The heading to Part V Division 5 is deleted. 1299. Section 69 amended (1) Section 69(1) is amended as follows: 20 (a) by inserting before "Tribunal" in the 3 places where it occurs -- " State Administrative "; (b) by deleting "appeal" in both places where it occurs and inserting instead -- 25 " application. ". page 590 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Town Planning and Development Act 1928 Division 131 s. 1300 (2) Section 69(2) is amended as follows: (a) by deleting "appeal" in both places where it occurs and inserting instead -- " application. "; 5 (b) by inserting before "Tribunal" -- " State Administrative ". (3) Section 69(3) is amended by deleting "appeal" in both places where it occurs and inserting instead -- " application ". 10 (4) Section 69(4) is amended by inserting before "Tribunal" -- " State Administrative ". (5) Section 69(5) is amended as follows: (a) in paragraph (a) by deleting "appeal is situate" and inserting instead -- 15 " application is situated "; (b) in paragraph (b) by deleting "appeal is situate" and inserting instead -- " application is situated ". 1300. Section 70 amended 20 (1) Section 70(1) is amended by deleting "appeal" in each place where it occurs and inserting instead -- " application ". (2) Section 70(2) is amended as follows: (a) by deleting "appeal" in the both places where it occurs 25 and inserting instead -- " application "; page 591 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 131 Town Planning and Development Act 1928 s. 1301 (b) in paragraph (a) by deleting "Principal Registrar" and inserting instead -- " President "; (c) in paragraph (b) by inserting before "Tribunal" -- 5 " State Administrative ". (3) Section 70(3) is amended as follows: (a) in paragraphs (a) and (c) by deleting "appeal" and inserting instead -- " application "; 10 (b) by deleting paragraph (b) and "or" after it and inserting instead -- " (b) more than 14 days after the application was made to the State Administrative Tribunal; or 15 ". (4) Section 70(4) is amended by inserting after "laid before" -- " , or transmitted in accordance with section 72(1) to the Clerk of, 20 ". (5) Section 70(5) is amended by deleting "appeal" and inserting instead -- " proceeding ". (6) Section 70(7)(a) is amended by deleting "to the appeal". 25 1301. Section 71 amended (1) Section 71(1) and (2) are amended by deleting "appeal" and inserting instead -- " application ". page 592 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Town Planning and Development Act 1928 Division 131 s. 1302 (2) Section 71(3) is amended as follows: (a) deleting "an appeal" and inserting instead -- " an application "; (b) by deleting "Registrar" and inserting instead -- 5 " executive officer of the State Administrative Tribunal "; (c) in paragraph (a) by deleting "to the appeal". (3) Section 71(4)(a) is amended by deleting "appeal" and inserting 10 instead -- " application ". 1302. Part V Division 6 heading deleted The heading to Part V Division 6 is deleted. 1303. Section 72 replaced 15 Section 72 is repealed and the following section is inserted instead -- " 72. Laying before House of Parliament that is not sitting 20 (1) If section 70(4) requires the Minister, as soon as is practicable, to cause a copy of a direction to be laid before, or transmitted in accordance with this subsection to the Clerk of, each House of Parliament and -- 25 (a) at the commencement of the period of 14 days after the day on which the direction is given, a House of Parliament is not sitting; and page 593 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 131 Town Planning and Development Act 1928 s. 1304 (b) the Minister is of the opinion that the House will not sit during that period, the Minister is to transmit a copy of the direction to the Clerk of that House. 5 (2) A copy of a direction transmitted to the Clerk of a House is to be regarded as having been laid before that House. (3) The laying of a copy of a direction that is to be regarded as having occurred under subsection (2) is to 10 be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy. ". 1304. Sections 73 to 75 repealed 15 Sections 73, 74 and 75 are repealed. 1305. The First Schedule amended The First Schedule clause 27A is amended as follows: (a) by deleting "of a right of appeal to the Tribunal"; (b) by inserting after "exercise of that power" -- 20 " of a right to apply to the State Administrative Tribunal for a review of the exercise of the power ". 1306. Schedules 3 and 4 repealed 25 Schedules 3 and 4 are repealed. page 594 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Town Planning and Development Act 1928 Division 131 s. 1307 Subdivision 2 -- Amendments needed because Act amended 1307. Planning Appeals Amendment Act 2002 amended (1) The amendments in this section are to the Planning Appeals Amendment Act 2002*. 5 [* Act No. 24 of 2002.] (2) Section 12 is repealed. (3) Section 17(4) is repealed. (4) Section 18 is repealed. Subdivision 3 -- Transitional provisions 10 1308. Ministerial referrals (1) In this section -- "appeal" means an appeal within the meaning of section 37 of the repealed Part V of the Town Planning and Development Act 1928 as repealed by section 11 of the Planning Appeals 15 Amendment Act 2002; "Minister" means the Minister administering the Town Planning and Development Act 1928. (2) If an appeal has been made to the Minister after 1 July 2001 but not finally determined or referred to the Town Planning Appeal 20 Tribunal under section 17(4) of the Planning Appeals Amendment Act 2002 before the commencement of this Division, the appeal may be referred by the Minister to the State Administrative Tribunal for determination and the State Administrative Tribunal has the same powers and functions in 25 relation to the appeal as if it were an application for a review of the matter made to the State Administrative Tribunal. (3) Section 164 of the State Administrative Tribunal Act 2003 extends to an appeal made to the Minister after 1 July 2001 and referred to the Town Planning Appeal Tribunal under page 595 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 131 Town Planning and Development Act 1928 s. 1309 section 17(4) of the Planning Appeals Amendment Act 2002 before the commencement of this section. 1309. References to Committee and Tribunal (1) Unless the context otherwise requires, where in any written law 5 or in any document of any other kind there is a reference to an appeal to the Town Planning Appeal Committee or the Town Planning Appeal Tribunal that reference is to be read and construed as a reference to an application for review made to the State Administrative Tribunal. 10 (2) Unless the context otherwise requires, where in any written law or in any document of any other kind there is a reference to a decision or determination of the Town Planning Appeal Committee or the Town Planning Appeal Tribunal that reference is to be read and construed as a reference to a decision 15 or determination of the State Administrative Tribunal. 1310. Entitlements (1) In this section -- "former President" means the person who was the President of the Town Planning Appeal Tribunal immediately before the 20 commencement of section 1284; "unexpired term" means that portion of the term of office of the former President that had not expired before the commencement of section 1284. (2) Despite section 117(2) of the State Administrative Tribunal Act 25 2003, the rate of remuneration and allowances to which the former President is entitled in respect of any service as a member of the State Administrative Tribunal during the unexpired term are not to be less than the rate of remuneration and allowances to which he or she would have been entitled in 30 respect of the performance of his or her functions as the President of the Town Planning Appeal Tribunal during the unexpired term if this Act had not been enacted. page 596 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Transport Co-ordination Act 1966 Division 132 s. 1311 Division 132 -- Transport Co-ordination Act 1966 1311. The Act amended The amendments in this Division are to the Transport Co-ordination Act 1966*. 5 [* Reprinted as at 11 May 2001. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 402-3.] 1312. Section 47Z amended Section 47Z(1) is amended by deleting the definition of 10 "Local Court". 1313. Section 47ZF amended Section 47ZF(1)(l) is deleted and the following paragraph is inserted instead -- " 15 (l) providing for an application to the State Administrative Tribunal for a review of a decision of the Minister suspending, cancelling or refusing to renew a licence; ". 20 1314. Section 57 amended (1) Section 57(3) is amended as follows: (a) by deleting "appeal lies to a stipendiary magistrate against" and inserting instead -- " 25 application may be made to the State Administrative Tribunal for a review of "; (b) by deleting ", and the provisions of this section apply to any such appeal". page 597 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 133 Travel Agents Act 1985 s. 1315 (2) Section 57(4) is repealed and the following subsection is inserted instead -- " (4) A person applying under subsection (3) for a review 5 shall lodge in the State Administrative Tribunal an amount of $20, by way of security for the costs of his application; and the application shall not be heard until such time as that amount is so lodged. ". 10 (3) Section 57(5) and (6) are repealed. 1315. Section 60 amended Section 60(2)(n) is amended by inserting after "under this Act" -- " 15 other than applications to the State Administrative Tribunal for a review ". Division 133 -- Travel Agents Act 1985 1316. The Act amended 20 The amendments in this Division are to the Travel Agents Act 1985*. [* Reprinted as at 22 April 1997. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 402-3.] 25 1317. Section 3 amended Section 3(1) is amended as follows: (a) by deleting the definitions of "inspector", "the Chairman", "the Registrar" and "the Tribunal"; page 598 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Travel Agents Act 1985 Division 133 s. 1318 (b) in the definition of "the Compensation Trustees" by deleting the semicolon and inserting a full stop. 1318. Section 9 amended Section 9(5) is amended by deleting "or the Registrar" in both 5 places where it occurs. 1319. Section 10 amended (1) Section 10(1) and (2) are repealed and the following subsections are inserted instead -- " 10 (1) When an application has been made in accordance with section 9, the Commissioner shall as soon as practicable publish in a newspaper circulating generally throughout Western Australia a notice giving particulars of the application. 15 (2) The Commissioner may make such inquiries about the applicant and matters relevant to the application as the Commissioner considers necessary. ". (2) Section 10(3) is amended by deleting "both an application a 20 copy of which is sent to the Commissioner under subsection (1)" and inserting instead -- " matters relevant to an application ". 1320. Section 11 amended (1) Section 11(1) is amended by deleting "Tribunal in a particular 25 case allows, the Commissioner may with the consent of the Minister, and any other person may, lodge with the Tribunal" and inserting instead -- " Commissioner in a particular case allows, any person 30 may lodge with the Commissioner ". page 599 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 133 Travel Agents Act 1985 s. 1321 (2) Section 11(2)(c) is amended by deleting "Commissioner or other". 1321. Section 12 amended (1) Section 12(1) is repealed and the following subsection is 5 inserted instead -- " (1) Unless subsection (2) or (4) requires it to be refused, the Commissioner shall grant an application as soon as practicable after the expiration of the period allowed by 10 or under section 11(1) for the lodging of an objection to the granting of an application. ". (2) Section 12(5) is amended as follows: (a) by deleting "Tribunal is satisfied that that ground has 15 been made out after it" and inserting instead -- " Commissioner "; (b) in paragraph (a) by deleting "and has held a hearing in respect of the application"; (c) in paragraph (b) by deleting "appear at the hearing 20 referred to in paragraph (a) and to". (3) Section 12(6) is repealed and the following subsection is inserted instead -- " (6) When an application is refused, the Commissioner 25 shall forthwith, by notice in writing, inform the applicant and each objector (if any) to the granting of the application of that refusal and of the ground on which that refusal is based and inform the applicant of the right to apply to the State Administrative Tribunal 30 for a review of the refusal, and the Commissioner shall, as soon as practicable, refund to the applicant so much of the relevant application fee as is appropriate to be refunded. ". page 600 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Travel Agents Act 1985 Division 133 s. 1322 (4) Section 12(7) is amended as follows: (a) in subparagraph (a)(i) by inserting after "applicant" -- " of the granting of the application and 5 the right to apply to the State Administrative Tribunal for a review of any condition imposed "; (b) in subparagraph (a)(ii) by deleting "objector," and 10 inserting instead -- " objector of the granting of the application and the right to apply to the State Administrative Tribunal for a 15 review of the decision to grant the application; "; (c) in paragraph (a) by deleting "of the granting of the application;". 20 (5) Section 12(8) is amended by deleting "appeared personally before" and inserting instead -- " attended personally on ". 1322. Section 13 amended (1) Section 13(3) is repealed and the following subsection is 25 inserted instead -- " (3) The Commissioner shall not under subsection (1) impose conditions to which a licence is to be subject, or vary conditions to which a licence is subject, unless 30 the Commissioner has first afforded the applicant for, or, as the case requires, the holder of, the licence an opportunity to make written submissions with respect page 601 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 133 Travel Agents Act 1985 s. 1323 to the conditions that are proposed to be imposed or varied. ". (2) Section 13(4) is repealed. 5 1323. Section 18 amended Section 18(1) is amended by deleting "or 61 (5)". 1324. Section 20 amended Section 20(2) is repealed and the following subsection is inserted instead -- 10 " (2) If the Commissioner makes an allegation under section 21 against the holder of a licence, the licence cannot be surrendered under subsection (1) until after effect has been given to any order made by the State 15 Administrative Tribunal in disposing of the allegation or by the court dealing with an appeal from an order of the State Administrative Tribunal. ". 1325. Section 21 amended 20 (1) Section 21(1) to (3) are repealed and the following subsections are inserted instead -- " (1) Any person may, at any time make to the Commissioner a complaint in writing about the holding 25 of a licence by a specified licensee if the complaint complies with subsection (2). (2) For a complaint to comply with this subsection -- (a) the complaint has to specify the licensee and the grounds of the complaint; and page 602 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Travel Agents Act 1985 Division 133 s. 1325 (b) the grounds of the complaint have to be capable of reasonably giving rise to a belief described in subsection (4). ". 5 (2) Section 21(4) is amended as follows: (a) by deleting all of the subsection after the subsection designation but for paragraph (a) and inserting instead -- " 10 The Commissioner may, on receiving a complaint under subsection (1) or on the Commissioner's own initiative, make any investigation or inquiry that the Commissioner considers necessary to decide whether there are grounds for believing that -- 15 "; (b) in paragraph (b) by deleting "of the Tribunal"; (c) by deleting all of the subsection after "licence" at the end of paragraph (i) and inserting instead a full stop. (3) Section 21(5) to (7) are repealed and the following subsections 20 are inserted instead -- " (5) If the Commissioner decides that it is appropriate to do so, the Commissioner may make an allegation to the State Administrative Tribunal that there are reasonable 25 grounds for a belief described in subsection (4) concerning a specified licensee. (6) If the Commissioner decides not to make an allegation concerning a licensee about whom a complaint was made to the Commissioner under subsection (1), the 30 Commissioner is required to notify the person who made the complaint of that decision and the reason for it. ". page 603 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 133 Travel Agents Act 1985 s. 1326 1326. Section 22 amended (1) Section 22(1) is amended -- (a) by deleting all of the subsection after the subsection designation but before paragraph (a) and inserting 5 instead -- " If the State Administrative Tribunal, on dealing with an allegation under section 21(5), is satisfied that any ground for a belief referred to in section 21(4) has been 10 made out, it may -- "; (b) in paragraph (b) by deleting "to the Registrar"; (c) in paragraph (f) by deleting "impose" and inserting instead -- 15 " order the imposition of ". (2) Section 22(2) and (3) are repealed. (3) Section 22(5) is amended by deleting "61(5) or". (4) Section 22(7) is amended by deleting "an inquiry under section 21," and inserting instead -- 20 " a proceeding before the State Administrative Tribunal upon an allegation under section 21(5), ". 1327. Part II Division 4 heading amended 25 The heading to Part II Division 4 is amended by deleting "Appeal" and inserting instead -- " Review ". page 604 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Travel Agents Act 1985 Division 133 s. 1328 1328. Section 23 replaced Section 23 is repealed and the following section is inserted instead -- " 5 23. Application for review (1) A person aggrieved by a reviewable decision may apply to the State Administrative Tribunal for a review of the decision. (2) In subsection (1) -- 10 "person aggrieved" means -- (a) a person upon whose application a reviewable decision is made or a person who lodged an objection to the application; (b) the holder of the licence to which a 15 reviewable decision relates; or (c) a person referred to in paragraph (d) of the definition of " reviewable decision"; "reviewable decision" means -- (a) a decision under section 12 to grant or refuse 20 an application for a licence; (b) a decision under section 13 to impose or vary a condition; (c) a decision under section 33(3) to grant or refuse an application or impose a condition; 25 or (d) a decision that either prevents a person from participating in the Compensation Scheme or terminates a person's participation in the Compensation Scheme, other than a decision 30 of the person whose participation the decision concerns. ". page 605 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 133 Travel Agents Act 1985 s. 1329 1329. Section 24 replaced Section 24 is repealed and the following section is inserted instead -- " 5 24. Decisions about participation in the Compensation Scheme (1) When the State Administrative Tribunal deals with an application for a review of a decision described in paragraph (d) of the definition of " reviewable 10 decision" in section 23(2) it may -- (a) if the decision prevents a person from participating in the Compensation Scheme, order that the person be admitted to participation in the Compensation Scheme 15 conditionally on the appellant being or becoming licensed; or (b) if the decision terminates a person's participation in the Compensation Scheme, annul that termination. 20 (2) An order under subsection (4)(b) or (c) shall be given effect as if the corresponding decision had been made in accordance with the law governing the Compensation Scheme. ". 25 1330. Section 25 repealed Section 25 is repealed. 1331. Section 30 amended Section 30(1)(e) is amended by deleting "section 19(6), 22(1)(g) or (4) or 61(5)." and inserting instead -- 30 " section 19(6) or 22(1)(g) or (4). ". page 606 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Travel Agents Act 1985 Division 133 s. 1332 1332. Section 33 amended Section 33(2) and (3) are repealed and the following subsections are inserted instead -- " 5 (2) The Commissioner may make any investigation or inquiry that the Commissioner considers necessary for the purpose of dealing with the application. (3) The Commissioner shall grant or refuse the application and, on granting the application, may impose 10 conditions subject to which the business to which the application relates may be carried on. ". 1333. Section 37 amended Section 37(3) is amended as follows: 15 (a) by deleting paragraph (a) and "and" after it and inserting instead -- " (a) the Commissioner cannot make an allegation under section 21(5) to the State Administrative 20 Tribunal; and "; (b) in paragraph (b) by deleting "shall not" and inserting instead -- " cannot ". 25 1334. Section 38 amended Section 38(1)(a) and "and" after it are deleted. 1335. Section 39 amended Section 39(1) is amended by deleting "after inquiry". page 607 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 133 Travel Agents Act 1985 s. 1336 1336. Sections 42 to 47 repealed Sections 42, 43, 44, 45, 46 and 47 are repealed. 1337. Section 52 amended (1) Section 52(1) is amended as follows: 5 (a) by deleting paragraph (b) and inserting instead -- " (b) a member of, or the Registrar of, the former Commercial Tribunal that existed under the Commercial Tribunal Act 1984 before that Act 10 was repealed; "; (b) after paragraph (d) by deleting the semicolon and inserting a full stop instead; (c) by deleting paragraphs (e) and (f). 15 (2) Section 52(3)(a) is amended by deleting "Commercial Tribunal Act 1984" and inserting instead -- " State Administrative Tribunal Act 2003 ". 1338. Section 54 repealed Section 54 is repealed. 20 1339. Section 58 amended After section 58(1) the following subsection is inserted -- " (1a) The Commissioner's annual report is to include details of -- 25 (a) the number, nature, and outcome, of -- (i) investigations and inquiries undertaken by, or at the direction of, the Commissioner for the purposes of this Act; and page 608 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Travel Agents Act 1985 Division 133 s. 1340 (ii) matters that have been brought before the State Administrative Tribunal under this Act; (b) the number and nature of matters referred to in 5 paragraph (a) that are outstanding; (c) any trends or special problems that may have emerged; (d) forecasts of the workload of the Commissioner in performing functions under this Act in the 10 year after the year to which the report relates; and (e) any proposals for improving the performance of the Commissioner's functions under this Act. ". 15 1340. Part V repealed Part V is repealed. 1341. Various references to "Tribunal" amended (1) The Act is amended by deleting "Tribunal" in each place specified in the Table to this section and inserting instead -- 20 " Commissioner ". Table s. 9(1), (4), and (5) (3 places) s. 11(2)(b) s. 12(2), (3), (4) (both places), and (8) (5 places) s. 13(1) s. 15(2) s. 20(3) s. 21(4)(e) s. 22(4) (in the second place) s. 30(1) s. 34(2) (both places) and (3) s. 41(1)(d) page 609 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 133 Travel Agents Act 1985 s. 1342 (2) The Act is amended by deleting "Tribunal" in each place specified in the Table to this section and inserting instead -- " State Administrative Tribunal ". Table s. 35 s. 36(d) s. 37(1)(b) s. 38(5) s. 39(1), (2), and (3) (all in the first place) s. 39(4) s. 40 5 1342. Various references to "Registrar" amended The Act is amended by deleting "Registrar" in each place specified in the Table to this section and inserting instead -- " Commissioner ". Table s. 12(7) (4 places) s. 13(2a)(b) s. 15(1)(a) and (3) (both places) s. 16(1) and (2) s. 17(1), (3), and (4) s. 19(2), (4), (5), (6), and (8) s. 20(1) s. 22(5) (3 places) s. 33(1) (both places) s. 35 (3 places) s. 59(2)(c) page 610 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Valuation of Land Act 1978 Division 134 s. 1343 Division 134 -- Valuation of Land Act 1978 1343. The Act amended The amendments in this Division are to the Valuation of Land Act 1978*. 5 [* Reprinted as at 15 June 2001. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 412.] 1344. Section 4 amended Section 4(1) is amended by deleting the definition of "Land 10 Valuation Tribunal". 1345. Section 13 amended Section 13(3) is amended by deleting "a Land Valuation Tribunal" and inserting instead -- " the State Administrative Tribunal ". 15 1346. Part IV heading amended The heading to Part IV is amended by deleting "appeals" and inserting instead -- " review ". 1347. Section 32 amended 20 Section 32(9) is amended by deleting "an appeal against the decision may be made" and inserting instead -- " a review of the valuation may be sought ". page 611 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 134 Valuation of Land Act 1978 s. 1348 1348. Section 33 amended (1) Section 33(1) is amended by deleting "treat the objection as an appeal against the valuation" and inserting instead -- " 5 refer the valuation to the State Administrative Tribunal for a review ". (2) Section 33(2) is amended by deleting "objection to a Land Valuation Tribunal as an appeal" and inserting instead -- 10 " valuation to the State Administrative Tribunal for a review ". (3) After section 33(2) the following subsection is inserted -- 15 " (3) The Valuer-General is to effect the reference by forwarding the notice to the executive officer of the State Administrative Tribunal together with the objection and a copy certified by or on behalf of the 20 Valuer-General of -- (a) the record of the valuation; and (b) the reasons, if any, for the valuation. ". 1349. Section 34 amended 25 Section 34 is amended by deleting "treat an objection to the valuation as an appeal" and inserting instead -- " refer the valuation to the State Administrative Tribunal for a review 30 ". page 612 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Valuation of Land Act 1978 Division 134 s. 1350 1350. Section 34A amended Section 34A is amended by deleting "or an appeal against a valuation" and inserting instead -- " 5 a valuation or consequent upon a review by the State Administrative Tribunal ". 1351. Section 35 amended (1) Section 35(1) is amended as follows: 10 (a) by deleting "treat an objection to a valuation as an appeal against the valuation" and inserting instead -- " refer the valuation to the State Administrative Tribunal for a review 15 "; (b) by deleting "to a Land Valuation Tribunal as an appeal" and inserting instead -- " the decision to refuse to extend time to the State 20 Administrative Tribunal for a review ". (2) Section 35(2) is amended by deleting "to a Land Valuation Tribunal as an appeal" and inserting instead -- " 25 to the State Administrative Tribunal for a review ". (3) After section 35(2) the following subsection is inserted -- " (3) The Valuer-General is to effect the reference by 30 forwarding the notice to the executive officer of the State Administrative Tribunal together with the page 613 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 134 Valuation of Land Act 1978 s. 1352 objection and a copy certified by or on behalf of the Valuer-General of -- (a) the decision to refuse to extend the time; and (b) the reasons, if any, for the decision. 5 ". 1352. Section 36 amended (1) Section 36(1) is amended by deleting "appeal to a Land Valuation Tribunal to have the question resolved" and inserting instead -- 10 " apply to the State Administrative Tribunal for a review of the question ". (2) Section 36(2) is amended by deleting "appeal" and inserting 15 instead -- " apply ". (3) Section 36(3) is repealed. 1353. Sections 36A and 36B inserted After section 36 the following sections are inserted -- 20 " 36A. New matters raised on review (1) Upon a review by the State Administrative Tribunal on a referral under section 33 or 35, the State Administrative Tribunal may consider -- 25 (a) grounds in addition to those stated in the notice of objection; and (b) reasons in addition to any reasons previously given for the Valuer-General's decision that is under review. page 614 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Veterinary Preparations and Animal Feeding Stuffs Act 1976 Division 135 s. 1354 (2) The State Administrative Tribunal is to ensure, by adjournment or otherwise, that each party and any other person entitled to be heard has a reasonable opportunity of properly considering and responding to 5 any new ground or reason that the State Administrative Tribunal proposes to consider in accordance with subsection (1). 36B. Written reasons for certain determinations to be given and published 10 (1) If the State Administrative Tribunal considers that an order it makes determining a matter coming before it on a referral under section 33 or 35 is of general interest or significance, it is to prepare written reasons for its order and give a copy of the reasons to each 15 party and publish the written reasons. (2) Subsection (1) has effect in addition to the provisions of the State Administrative Tribunal Act 2003. ". Division 135 -- Veterinary Preparations and Animal Feeding 20 Stuffs Act 1976 1354. The Act amended The amendments in this Division are to the Veterinary Preparations and Animal Feeding Stuffs Act 1976*. [* Reprinted as at 20 August 1999. 25 For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 413.] 1355. Section 40 amended (1) Section 40(3) is amended by deleting all of the subsection after "such seizure" and inserting instead -- 30 " apply to the State Administrative Tribunal for a review of the seizure or detention. ". page 615 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 136 Veterinary Surgeons Act 1960 s. 1356 (2) Section 40(4) is amended by deleting "appeal" and inserting instead -- " review ". (3) Section 40(5) is amended as follows: 5 (a) by deleting "appeal" and inserting instead -- " review "; (b) by deleting all of the subsection after "manner as" and inserting instead -- " 10 is ordered in those proceedings or on that review. ". 1356. Section 68 amended (1) Section 68(2)(c) is deleted. (2) Section 68(3)(b) is amended as follows: 15 (a) by deleting "may"; (b) by inserting after "Act," -- " other than an application to the State Administrative Tribunal for a review, 20 ". Division 136 -- Veterinary Surgeons Act 1960 1357. The Act amended The amendments in this Division are to the Veterinary Surgeons Act 1960*. 25 [* Reprinted as at 12 February 1990.] page 616 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Veterinary Surgeons Act 1960 Division 136 s. 1358 1358. Section 2 amended Section 2 is amended by deleting the definition of "the District Court". 1359. Section 16AC amended 5 After section 16AC(1) the following subsection is inserted -- " (1a) The annual report is to include details of -- (a) the number, nature, and outcome, of matters that have been brought before the State 10 Administrative Tribunal by the Board; (b) the number and nature of matters referred to in paragraph (a) that are outstanding; (c) any trends or special problems that may have emerged; 15 (d) forecasts of the workload of the Board in the year after the year to which the report relates; and (e) any proposals for improving the performance of the Board's functions. 20 ". 1360. Section 16A amended Section 16A is amended after paragraph (c) by deleting "or" and inserting instead -- " 25 (ca) determining whether to make an allegation to the State Administrative Tribunal that a registered veterinary surgeon is guilty of unprofessional conduct as a veterinary surgeon; or 30 ". page 617 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 136 Veterinary Surgeons Act 1960 s. 1361 1361. Section 16B amended Section 16B(1) is amended as follows: (a) by deleting "his duties" and inserting instead -- " functions "; 5 (b) by deleting subparagraph (a)(i) and "and" after it and inserting instead -- " (i) to give such information as the Registrar or inspector requires; and 10 "; (c) in paragraph (c) by deleting "that he finds" and inserting instead -- " found "; (d) in paragraph (d) by deleting "him" and inserting 15 instead -- " the Registrar or inspector ". 1362. Section 22 amended (1) Section 22(1) is amended by deleting "has the right of appeal against refusal to the District Court which shall have jurisdiction 20 to, and may, determine the matter." and inserting instead -- " may apply to the State Administrative Tribunal for a review of the decision. ". 25 (2) Section 22(2) is repealed. page 618 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Veterinary Surgeons Act 1960 Division 136 s. 1363 1363. Section 23 amended (1) Section 23(2a) is repealed and the following subsections are inserted instead -- " 5 (2a) The Board may allege to the State Administrative Tribunal that a registered veterinary surgeon is guilty of unprofessional conduct as a veterinary surgeon. (2aa) If, in a proceeding commenced by an allegation under subsection (2a), the State Administrative Tribunal is 10 satisfied that a registered veterinary surgeon is guilty of unprofessional conduct as a veterinary surgeon, the Tribunal may -- (a) reprimand the veterinary surgeon; (b) require the veterinary surgeon to give an 15 undertaking to refrain from such conduct as may be specified by the Board; (c) fine the veterinary surgeon an amount not exceeding $1 000; (d) order the suspension of the registration of that 20 veterinary surgeon for such period not exceeding 12 months, as the Tribunal thinks fit; (e) order the removal of the name of that veterinary surgeon from the Register; (f) order the imposition of conditions as to the 25 registration of that veterinary surgeon or restrictions on the practice of veterinary surgery by that person. ". (2) Section 23(2b) is amended by inserting after "conferred on the 30 Board" -- " or the State Administrative Tribunal ". page 619 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 136 Veterinary Surgeons Act 1960 s. 1363 (3) Section 23(3) is amended by inserting after "under this Act" -- " or by the State Administrative Tribunal in proceedings commenced under this Act 5 ". (4) Section 23(6) to (9) are repealed. (5) Section 23(10) is repealed and the following subsection is inserted instead -- " 10 (10) The Registrar shall enter in the Register against the entry relating to the person details of any order made against a person in proceedings commenced before the State Administrative Tribunal by an allegation under this section. 15 ". (6) Section 23(11) is amended as follows: (a) by deleting "or order"; (b) by deleting "or that relates to any penalty or the payment of costs,". 20 (7) Section 23(12) is repealed and the following subsection is inserted instead -- " (12) A person aggrieved by a decision or order of the Board made in respect of that person under this section, other 25 than a decision to make an allegation to the State Administrative Tribunal, may apply to the State Administrative Tribunal for a review of the decision. ". (8) Section 23(13), (14) and (15) are repealed. page 620 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Veterinary Surgeons Act 1960 Division 136 s. 1364 1364. Section 24 amended (1) Section 24(1) is amended as follows: (a) by deleting "removes the" and inserting instead -- " 5 or the State Administrative Tribunal causes or orders the removal of "; (b) by deleting "District Court on appeal" and inserting instead -- 10 " State Administrative Tribunal upon application for review ". (2) Section 24(2) is amended by inserting after "The Board" -- 15 " cannot direct that the name of a person be again entered in the Register if the State Administrative Tribunal ordered the removal of the person's name from the Register but otherwise 20 ". (3) Section 24(3) is repealed. (4) Section 24(4) is amended as follows: (a) after paragraph (a)(i) by inserting -- " or "; 25 (b) by deleting at the end of paragraph (a)(ii) the semicolon and "or" after it and inserting instead a comma; (c) by deleting subparagraph (a)(iii). (5) After section 24(4) the following subsection is inserted -- " 30 (4a) An application under subsection (4) cannot be made without first applying for and obtaining the leave of the page 621 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 136 Veterinary Surgeons Act 1960 s. 1365 State Administrative Tribunal if the person's name was removed or the suspension was imposed as a result of a proceeding before the State Administrative Tribunal commenced by an allegation under section 23. 5 ". (6) Section 24(5) is amended by inserting after "an application made" -- " to the Board ". 1365. Section 24A amended 10 (1) Section 24A(10) is amended by deleting all of the subsection after "hospital the" and inserting instead -- " Board may allege to the State Administrative Tribunal that the provisions of this Act have not been complied 15 with in relation to that veterinary clinic or veterinary hospital. ". (2) After section 24A(10) the following subsection is inserted -- " 20 (11) If, in a proceeding commenced by an allegation under subsection (10), the State Administrative Tribunal is satisfied that the provisions of this Act have not been complied with in relation to a veterinary clinic or veterinary hospital, the Tribunal may cancel the 25 registration of the veterinary clinic or veterinary hospital. ". page 622 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Veterinary Surgeons Act 1960 Division 136 s. 1366 1366. Section 24B amended (1) Section 24B(1) is amended by deleting all of the subsection after "hospital" and inserting instead -- " 5 may apply to the State Administrative Tribunal for a review of the decision. ". (2) Section 24B(2) is repealed. 1367. Section 26E amended 10 (1) Section 26E(5) is amended by deleting "has the right of appeal against refusal to the District Court, which shall have jurisdiction to, and may, determine the matter." and inserting instead -- " 15 may apply to the State Administrative Tribunal for a review of the decision. ". (2) Section 26E(6) is repealed. 1368. Section 26F amended 20 Section 26F(2) is amended by deleting "refer the matter in writing to the Minister and the Minister shall determine the matter and give such directions to the Board as the case requires, and effect shall be given to any such direction." and inserting instead -- 25 " apply to the State Administrative Tribunal for a review of the decision. ". page 623 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 137 Water Boards Act 1904 s. 1369 1369. Section 31 amended Section 31(1) is amended as follows: (a) in paragraph (e) by inserting after "under this Act" -- " 5 , but not for the initiation of a proceeding before the State Administrative Tribunal "; (b) in paragraph (f) by deleting "and deregistration"; (c) in paragraph (h) by deleting "cancellation,". 10 Division 137 -- Water Boards Act 1904 1370. The Act amended The amendments in this Division are to the Water Boards Act 1904 * [* Reprint 4 as at 3 January 2003. 15 For subsequent amendments see Act No. 22 of 2003.] 1371. Heading amended The heading before section 87 is amended by deleting "Appeals" and inserting instead -- " Review ". 20 1372. Section 87 amended Section 87(7) is amended by deleting "an appeal against the decision may be made" and inserting instead -- " a review of the decision may be sought ". page 624 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Water Boards Act 1904 Division 137 s. 1373 1373. Section 88 amended (1) Section 88(1) is amended as follows: (a) by deleting "treat the objection as an appeal against" and inserting instead -- 5 " refer "; (b) by inserting after "records" -- " to the State Administrative Tribunal for a review ". (2) Section 88(2) is amended by deleting "objection to a Land Valuation Tribunal under the Land Valuation Tribunals 10 Act 1978 as an appeal" and inserting instead -- " relevant entry in the rating records to the State Administrative Tribunal for a review ". 15 (3) After section 88(2) the following subsection is inserted -- " (3) The Water Board is to effect the reference by forwarding the notice to the executive officer of the State Administrative Tribunal together with the 20 objection and a copy certified by or on behalf of the Water Board of -- (a) the relevant entry in the rating records; and (b) the reasons, if any, for the entry. ". page 625 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 137 Water Boards Act 1904 s. 1374 1374. Section 89 amended (1) Section 89(1) is amended as follows: (a) by deleting "treat an objection to an entry in the rating records as an appeal against that entry" and inserting 5 instead -- " refer the relevant entry in the rating records to the State Administrative Tribunal for a review "; 10 (b) by deleting all of the subsection after "refer" and inserting instead -- " the decision to refuse to extend time to the State Administrative Tribunal for a review. 15 ". (2) Section 89(2) is amended by deleting "a Land Valuation Tribunal as an appeal" and inserting instead -- " the State Administrative Tribunal for a review ". (3) After section 89(2) the following subsection is inserted -- 20 " (3) The Water Board is to effect the reference by forwarding the notice to the executive officer of the State Administrative Tribunal together with the objection and a copy certified by or on behalf of the 25 Water Board of -- (a) the decision to refuse to extend the time; and (b) the reasons, if any, for the decision. ". page 626 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Water Boards Act 1904 Division 137 s. 1375 1375. Sections 89A and 89B inserted After section 89 the following sections are inserted -- " 89A. New matters raised on review 5 (1) Upon a review by the State Administrative Tribunal on a reference under section 88 or 89, the State Administrative Tribunal may consider -- (a) grounds in addition to those stated in the notice of objection; and 10 (b) reasons in addition to any reasons previously given for the Water Board's decision that is under review. (2) The State Administrative Tribunal is to ensure, by adjournment or otherwise, that each party and any 15 other person entitled to be heard has a reasonable opportunity of properly considering and responding to any new ground or reason that the State Administrative Tribunal proposes to consider in accordance with subsection (1). 20 89B. Written reasons for certain determinations to be given and published (1) If the State Administrative Tribunal considers that an order it makes determining a matter coming before it on a reference under section 88 or 89 is of general 25 interest or significance, it is to prepare written reasons for its order and give a copy of the reasons to each party and publish the written reasons. (2) The obligation imposed by subsection (1) is in addition to, and does not derogate from, any obligation of the 30 State Administrative Tribunal under the State Administrative Tribunal Act 2003. ". page 627 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 138 Water Services Coordination Act 1995 s. 1376 1376. Section 90 amended Section 90 is amended by deleting "appeal" and inserting instead -- " review ". 5 1377. Section 91 amended Section 91 is amended by deleting "or an appeal" in both places where it occurs. 1378. Section 91A amended (1) Section 91A(1) is amended as follows: 10 (a) by deleting "or an appeal"; (b) by inserting after "1978" -- " or in consequence of a review by the State Administrative Tribunal 15 ". (2) Section 91A(2) is amended by deleting all of the subsection after "when" and inserting instead -- " amendment of an assessment is necessary under 20 subsection (1). ". Division 138 -- Water Services Coordination Act 1995 1379. The Act amended The amendments in this Division are to the Water Services 25 Coordination Act 1995*. [* Reprinted as at 28 July 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 420.] page 628 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Water Services Coordination Act 1995 Division 138 s. 1380 1380. Section 21 amended (1) Section 21(2)(b)(ii) is deleted and the following subparagraph is inserted instead -- " 5 (ii) the time for applying under section 44 for a review of the refusal has expired without an application being made or an application has been made but has been unsuccessful, 10 ". (2) Section 21(3) is amended by deleting "appeal" and inserting instead -- " application ". 1381. Part 3 Division 8 heading replaced 15 The heading to Part 3 Division 8 is deleted and the following heading is inserted instead -- " Division 8 -- Review ". 20 1382. Section 44 amended (1) Section 44(1) is amended by deleting "may appeal to the Minister against the decision within 30 days after receiving notice in writing of the decision from the Coordinator." and inserting instead -- 25 " may apply to the State Administrative Tribunal for a review of the decision. ". (2) Section 44(2) to (5) are repealed. page 629 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 138 Water Services Coordination Act 1995 s. 1383 1383. Section 54 amended (1) Section 54(1) is amended by deleting "appeal in the prescribed manner to the Minister." and inserting instead -- " 5 apply to the State Administrative Tribunal for a review of the order. ". (2) Section 54(2) and (3) are repealed. 1384. Section 57 amended 10 Section 57(4) and (5) are repealed and the following subsection is inserted instead -- " (4) If the Minister refuses to exempt the objector or grants a partial exemption, the objector may apply to the State 15 Administrative Tribunal for a review of the decision. ". 1385. Section 59H amended (1) Section 59H is amended by inserting before "Any acts" the subsection designation "(1)". 20 (2) At the end of section 59H the following subsection is inserted -- " (2) The department's annual report is to include details of -- 25 (a) the number, nature, and outcome, of -- (i) investigations and inquiries undertaken by, or at the direction of, the Board into licensing under this Act; and page 630 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Water Services Coordination Act 1995 Division 138 s. 1386 (ii) matters that have been brought before the State Administrative Tribunal under this Act; (b) the number and nature of matters referred to in 5 paragraph (a) that are outstanding; (c) any trends or special problems that may have emerged; (d) forecasts of the workload of the Board in the year after the year to which the report relates; 10 and (e) any proposals for improving the operation of the Board. ". 1386. Schedule 3 amended 15 (1) Schedule 3 clause 7 is amended by deleting "disciplinary" and inserting instead -- " supervisory, regulatory, ". (2) Schedule 3 clause 8 is amended as follows: (a) in paragraph (i) by deleting ", and inquiry into,"; 20 (b) by deleting paragraphs (j) to (l) and inserting instead -- " (j) the conferral on the State Administrative Tribunal of jurisdiction to deal with disciplinary matters and the orders that may be made following the hearing and 25 determination of disciplinary matters, which may include orders imposing disciplinary penalties; (k) the conferral on the State Administrative Tribunal of jurisdiction to deal with applications for the review of decisions of the Board or any committee 30 established by the Board; ". page 631 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 139 Waterways Conservation Act 1976 s. 1387 (3) Schedule 3 clause 13 is amended by inserting after "provided for in the regulations" -- " , other than for bringing matters before the State 5 Administrative Tribunal, ". Division 139 -- Waterways Conservation Act 1976 1387. The Act amended The amendments in this Division are to the Waterways 10 Conservation Act 1976*. [* Reprinted as at 20 September 2002.] 1388. Section 46 amended (1) Section 46(11) is amended by deleting all of the subsection after "may" in the first place where it occurs and inserting instead -- 15 " apply to the State Administrative Tribunal for a review of the decision of the Commission. ". (2) Section 46(12) is repealed. 20 1389. Section 76 amended Section 76(2)(f) is amended by deleting "for the making and determination of appeals,". Division 140 -- Western Australian Marine Act 1982 1390. The Act amended 25 The amendments in this Division are to the Western Australian Marine Act 1982 *. [* Reprinted as at 28 January 2000.] page 632 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Western Australian Marine Act 1982 Division 140 s. 1391 1391. Section 3 amended Section 3(1) is amended by deleting the definition of "Appeal Authority". 1392. Section 10 amended 5 Section 10 is amended as follows: (a) in paragraph (f) by inserting after "coxswains" -- " and providing for applications to the State Administrative Tribunal for review of decisions 10 about the grant, endorsement, and revalidation of those certificates of competency "; (b) in paragraph (g) by deleting "appeals against" and inserting instead -- 15 " applications to the State Administrative Tribunal for review of ". (c) after paragraph (h) by inserting -- 20 " and "; (d) by deleting at the end of paragraph (i) the semicolon and "and" after it and instead inserting a full stop; (e) by deleting paragraph (j). 1393. Section 11 replaced 25 Section 11 is repealed and the following section is inserted instead -- " 11. Constituting the State Administrative Tribunal (1) When the State Administrative Tribunal is dealing with 30 an application for a review of a decision about the page 633 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 140 Western Australian Marine Act 1982 s. 1394 certificate of competency of a master, mate, or coxswain, or a candidate for such a certificate, the member constituting the State Administrative Tribunal, or at least one of them if there is more than one, is to be 5 a person who holds a certificate of competency as a master class I, or an equivalent or higher certificate. (2) When the State Administrative Tribunal is dealing with an application for a review of a decision about the certificate of competency of a marine engineer or 10 marine engine driver, or a candidate for such a certificate, the member constituting the State Administrative Tribunal, or at least one of them if there is more than one, is to be a person who holds a certificate of competency as a marine engineer class I, 15 or an equivalent or higher certificate. ". 1394. Section 127 amended (1) Section 127 is amended by inserting before "Service" the subsection designation "(1)". 20 (2) At the end of section 127 the following subsection is inserted -- " (2) In subsection (1) -- "legal proceeding under this Act" includes any proceeding under the State Administrative 25 Tribunal Act 2003 in a matter commenced by an application under this Act for a review. ". page 634 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Western Australian Meat Industry Authority Act 1976 Division 141 s. 1395 Division 141 -- Western Australian Meat Industry Authority Act 1976 1395. The Act amended The amendments in this Division are to the Western Australian 5 Meat Industry Authority Act 1976*. [* Reprinted as at 1 March 2002.] 1396. Section 22 amended (1) Section 22(1) is amended by deleting all of the subsection after "may" and inserting instead -- 10 " apply to the State Administrative Tribunal for a review of the decision. ". (2) Section 22(2) is repealed. 15 Division 142 -- Western Australian Planning Commission Act 1985 1397. The Act amended The amendments in this Division are to the Western Australian Planning Commission Act 1985*. 20 [* Reprinted as at 16 March 2001. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 429 and Act No. 24 of 2002.] 1398. Section 18 amended 25 Section 18(1b)(a) is amended as follows: (a) by deleting "appeal" and inserting instead -- " application "; page 635 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 142 Western Australian Planning Commission Act 1985 s. 1399 (b) by deleting "Town Planning Appeal Tribunal" and inserting instead -- " State Administrative Tribunal ". 1399. Section 25 amended 5 (1) Section 25(1) is amended by deleting all of the subsection after "that person" and inserting instead -- " apply to the State Administrative Tribunal for a review, in accordance with Part V of the Town Planning and 10 Development Act 1928, of that refusal or condition. ". (2) Section 25(2) is amended by deleting all of the subsection after "that expiry" and inserting instead -- " 15 apply to the State Administrative Tribunal for a review, in accordance with Part V of the Town Planning and Development Act 1928, of that deemed refusal. ". (3) Section 25(3) is amended by deleting "appeal shall not be made 20 or heard under this section" and inserting instead -- " application under this section for a review shall not be made or heard ". 25 1400. Section 29 amended Section 29(1)(b) is amended as follows: (a) by deleting "appeal" and inserting instead -- " application for review of the Commission's decision 30 "; page 636 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Western Australian Planning Commission Act 1985 Division 142 s. 1401 (b) by deleting "disallowed wholly or in part" and inserting instead -- " wholly or in part unsuccessful ". 1401. Section 32 amended 5 (1) Section 32(2)(b) is deleted and the following paragraph is inserted instead -- " (b) by the State Administrative Tribunal on the owner of the land applying to it for a 10 determination of that value; ". (2) Section 32(3) is repealed. 1402. Section 37E amended (1) Section 37E(1) is amended as follows: 15 (a) by deleting "appeal against that approval or refusal under" and inserting instead -- " apply to the State Administrative Tribunal for a review, in accordance with 20 "; (b) by inserting after "1928" -- " , of that approval or refusal ". (2) Section 37E(2) is amended as follows: (a) by deleting "appeal" in each place where it occurs and 25 inserting instead -- " application "; (b) by inserting after "subsection (1)" -- " for a review "; page 637 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 2 Various Acts amended to confer jurisdiction Division 142 Western Australian Planning Commission Act 1985 s. 1403 (c) by deleting "56(2)" and inserting instead -- " 61(2) ". 1403. Section 37J amended (1) Section 37J(4) is amended as follows: 5 (a) by deleting "this section may appeal under" and inserting instead -- " subsection (1) or (2) may apply to the State Administrative Tribunal for a review in accordance 10 with ". (b) by deleting "Act against" and inserting instead -- " Act of ". (2) Section 37J(5) is amended as follows: 15 (a) by deleting "Town Planning Appeal" in the first place where it occurs and inserting instead -- " State Administrative "; (b) by deleting "the Town Planning Appeal Tribunal" in the second place where it occurs and inserting instead -- 20 " it ". (3) Section 37J(6) is repealed. (4) Section 37J(7)(a) is amended as follows: (a) in subparagraph (i) by inserting after "directions" -- " within the time specified in the notice "; 25 (b) by deleting subparagraph (ii) and inserting instead -- " (ii) apply under subsection (4), within the time for making the application, for a review of any of the directions; or 30 "; page 638 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Various Acts amended to confer jurisdiction Part 2 Western Australian Planning Commission Act 1985 Division 142 s. 1403 (c) by deleting "within the time specified in the notice; or". (5) Section 37J(7)(b) is amended as follows: (a) by deleting "appeal by an owner of any land" and inserting instead -- 5 " an application by an owner of any land for a review of "; (b) by inserting after "or (2)" -- " , the direction "; 10 (c) by deleting "subsection (5)" in the first and second places where it occurs; (d) by deleting "Town Planning Appeal Tribunal" and inserting instead -- " State Administrative Tribunal ". 15 page 639 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 3 Certain Acts repealed s. 1404 Part 3 -- Certain Acts repealed 1404. Commercial Tribunal Act 1984 repealed The Commercial Tribunal Act 1984 is repealed. 1405. Land Valuation Tribunals Act 1978 repealed 5 The Land Valuation Tribunals Act 1978 is repealed. page 640 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Other amendments Part 4 s. 1406 Part 4 -- Other amendments 1406. Constitution Acts Amendment Act 1899 amended (1) The amendments in this section are to the Constitution Acts Amendment Act 1899*. 5 [* Reprinted 8 June 2001.] For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 75-6 and Acts Nos. 24 of 2002 and 8 of 2003.] (2) Schedule V is amended as set out in the Table to this subsection. 10 Table Item Provision Amendment 1. Part 1 Delete "President or other member of Division 1 the Mental Health Review Board established under the Mental Health Act 1996, including a member of a panel established under section 127 of that Act." 2. Part 1 Delete "Retirement villages referee Division 1 appointed under the Retirement Villages Act 1992." 3. Part 3 Delete "Any land valuation tribunal established under the Land Valuation Tribunals Act 1978." 4. Part 3 Delete "The Town Planning Appeal Tribunal constituted under the Town Planning and Development Act 1928." page 641 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 4 Other amendments s. 1407 1407. Financial Administration and Audit Act 1985 amended (1) The amendment in this section is to the Financial Administration and Audit Act 1985*. [* Reprinted 16 September 2002. 5 For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 139.] (2) Schedule 1 is amended by deleting "Racing Penalties Appeal Tribunal of Western Australia". 1408. Parliamentary Commissioner Act 1971 amended 10 (1) The amendment in this section is to the Parliamentary Commissioner Act 1971*. [* Reprinted 16 March 2001.] (2) After section 13(2)(k) the following paragraph is inserted -- " 15 (ka) the State Administrative Tribunal, a judicial or non-judicial member of that Tribunal or any person acting in the office, or performing the functions, of the executive officer of that Tribunal; 20 ". page 642 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Some transitional issues Part 5 s. 1409 Part 5 -- Some transitional issues 1409. General principles governing transfer of jurisdiction (1) This section describes the general principles governing how to deal with issues arising when this Act amends an Act so that a 5 function that was performed by a particular functionary (the "former functionary") before the day on which the amendment has effect (the "transfer day") ceases to be performed by that person and instead a different functionary (the "new functionary") performs a function that is 10 substantially similar. (2) This section does not apply if the new functionary is the State Administrative Tribunal. (3) On the transfer day -- (a) any matter involved in the performance of the function 15 is to be transferred to the new functionary; (b) any application, objection, or other thing made, addressed, or otherwise directed or given to the former functionary to do with the performance of the function becomes of the same effect as if it had been given to the 20 new functionary to be dealt with under the Act as amended by this Act; (c) anything ordered, decided, or otherwise done by a former functionary in the performance of the function becomes of the same effect as if, and as enforceable and 25 reviewable as if, it were ordered, decided, or done by the new functionary under the provisions authorising the new functionary to order, decide, or do corresponding things after the transfer day. (4) A former functionary is to cause the new functionary to be sent 30 all records relating to a matter that is transferred under this section to the new functionary. page 643 State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 Part 5 Some transitional issues s. 1410 1410. Regulations about transitional issues The Governor may make regulations required, or necessary or convenient, to apply any of the general principles described in section 1409 in a case of a particular kind. 5
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