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STATE ADMINISTRATIVE TRIBUNAL (CONFERRAL OF JURISDICTION) AMENDMENT AND REPEAL BILL 2003

                      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

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   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


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          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

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   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

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 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




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           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

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 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



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            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


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          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


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  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

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 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

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   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


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 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

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   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

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 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




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           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




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          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

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   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




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                                                                 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


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  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


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 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

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   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


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          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

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   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


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 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



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            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

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 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

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   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

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                                                                 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



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           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


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          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

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             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

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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

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  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

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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
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                                                                 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
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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


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State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
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                                                                 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



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      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                                                                                 ".

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     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.




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      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 ".




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      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";


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     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.
                                                                                     ".



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     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.



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     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.
                                                                                   ".




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      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 ";




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      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.




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      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 ".



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     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 ".

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                                                                            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).


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     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.
                                                                                 ".




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                                                                               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


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     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



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                                                                            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 ".




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     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


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                                                                               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.



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     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,


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                                                                           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;



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     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

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                          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


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                       (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
                                                                               ".




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                                                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 ";


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     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";




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                                                                            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    ".




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     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.

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                                       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.




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     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;




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                                                                 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.




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     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,



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                     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.




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     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.



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                                                                  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
                                                                               ".




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     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

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                                                                  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.
                                                                               ".

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     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.



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                                                                  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".




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     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 ".




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                                                                  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;




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     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        ".




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      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
                                                                                     ".



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     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 ";




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                                                                  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                                                                              ".



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     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".




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                                                                  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




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     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";




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      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


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     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.
                                                                                    ".




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                     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

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     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
                                                                                ".



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                                  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.



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     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

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                     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)      ".


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     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).




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                                  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                                                                            ".




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     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.




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                                 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.



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     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.


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                                     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     ".




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     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.
                                                                                   ".


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                                     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.


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     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.


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                                     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 ";

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     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     ";


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                                     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                                                                               ".




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     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                                                                                 ".

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                                                                 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 ".



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            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 ";




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     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.]




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                                       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
                                                                               ".

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     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 ";

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                    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)
                                                                                ";




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     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;


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                                          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;


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     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.




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                          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);




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     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
                                                                                    ".


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                          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.




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     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.




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                     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   ".



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     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.



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                     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.




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     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

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                       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




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     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.


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                     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
                                                                                         ";



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     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    ".




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                                                                 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      ".

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                                                                 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)


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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)

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                                                           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)




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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)


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                                                                 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.
                                                                                    ".




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     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.
                                                                                 ".



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     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.




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         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.]



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                                                                 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
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                                                                 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
                                                                                    ";




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                      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 ";




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     State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
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     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.
                                                                                       ".



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                          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 ";


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     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 ".



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                     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 ".




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     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)




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                     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.




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     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.




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                 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     ".




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     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.]




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                     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.]




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     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)   ".




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                     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      ".




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     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                                                                                     ".




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                        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.



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     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.



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                     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 ".




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     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;



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                     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



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     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)

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     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)




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                     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)




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     State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
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     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
                                                                                ".




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                                     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 "




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     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)      ".



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                                     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.



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     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     ".



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                                     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 ";


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     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       ".

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                     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 ";




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     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

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                                     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".




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     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".


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                                     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)




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     State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
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     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;


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                                  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



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     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

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                                  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).




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     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



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                                      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

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     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;


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                                  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


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     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) ";




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                                      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


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     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.




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                                   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.
                                                                                ".



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     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.




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                      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

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     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 ";


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           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,";


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     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
                                                                                      ".



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           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
                                                                              ".

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     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      ".




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                     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 ";


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     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
                                                                                    ".


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                        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).




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     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 ".




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                                     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,     ".

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     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 ";




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                                     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 ";




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     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          ".



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                                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.

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     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.




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                                    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.    ".




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     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               ".




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                                                  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

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     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)   ".


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                                                  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


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     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).




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                                              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.

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     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;




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                                              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.




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     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.



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                                              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.




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     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.
                                                                                ".




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                                              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;




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     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)
                                                                                ";


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                                              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

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     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.


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                    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




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     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".




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                                                                    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 --
                                                                                 ".


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     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;


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                                               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                                                                                ".




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     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.
                                                                                 ".




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                     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                                                                                ".



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     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.




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                     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   ";



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     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        ".


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                     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 ";


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     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

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                                        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 ".


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     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
                                                                                     ".

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                     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 ".




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     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
                                                                                  ";


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                        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 ".




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     State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
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     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 ";




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                                        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.


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     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 ".




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                     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.




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     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
                                                                                         ".

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                       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.]


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     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 ".




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                       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.




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     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         ".




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                     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

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     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.
                                                                                ".



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                        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

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     State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
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     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.


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                     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.

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     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                                                                               ".




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                        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;


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     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


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                    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

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     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).




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                    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



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     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.




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                     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 ".




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     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;




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                        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.


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     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;


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                     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.

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     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.
                                                                                   ".

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      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.


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     State Administrative Tribunal (Conferral of Jurisdiction) Amendment and
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     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.
                                                                                   ".



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                     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".




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     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                                                                                ".




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                                                                    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,


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     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.




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                                                                 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                                                                               ".


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     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.
                                                                                       ".

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      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 ".


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     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.




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     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




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                                                                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

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     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).



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     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,";




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                                                                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 ".




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     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.
                                                                                     ".

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         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   ".




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                                                                 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.




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     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;


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                                                                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;

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     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).


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                     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


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     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 ";


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                                                                 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
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     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
                                                                                      ".




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      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)
                                                                                   ";




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      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
                                                                                  ".




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                                                                 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.




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      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 ";



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     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 ";




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                     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.


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     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 ";

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     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


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                        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;


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     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                                                                                ".




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                        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.




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     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;



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                                                                 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



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     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.




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                    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.




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     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                                                                                  ".




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                        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.


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                                                                 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.
                                                                                   ".


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     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.
                                                                                     ".




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                                                                 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



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     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.



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                        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


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     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.   ".




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                                                                    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;


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     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



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     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.]


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      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 ";

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         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


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      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
                                                                                 ";



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                                                                 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. ".




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      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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