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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Western Australian Future Fund Amendment
(Future Health Research and Innovation Fund)
Bill 2019
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Long title replaced 2
5. Part 1 heading inserted 2
Part 1 -- Preliminary provisions
6. Short title amended 3
7. Section 3 amended 3
8. Section 4 replaced 5
4. Object of Act 5
9. Part 2 inserted 6
Part 2 -- Western Australian Future Health Research
and Innovation Account
4A. Establishment of Western Australian
Future Health Research and Innovation
Account 6
4B. Amounts to be credited to FHRI Account 7
4C. Application of FHRI Account 7
4D. Other provisions relating to FHRI Account 9
4E. Delegation by Minister for Health and
CEO 10
4F. Advisory group to be established and
maintained 10
4G. Other provisions relating to advisory group 12
10. Part 3 heading inserted 14
Part 3 -- Western Australian Future Health Research
and Innovation Fund
11. Section 5 amended 14
12. Section 6 deleted 15
144--1 page i
Western Australian Future Fund Amendment (Future Health Research and
Innovation Fund) Bill 2019
Contents
13. Section 7 amended 16
14. Sections 8 and 9 replaced 16
8. Additional money to be credited to FHRI
Fund 16
9. Application of FHRI Fund 17
9A. Annual reporting on FHRI Fund 17
15. Part 4 heading inserted 18
Part 4 -- Final provisions
16. Section 10 amended 18
17. Section 11 deleted 18
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Western Australian Future Fund Amendment
(Future Health Research and Innovation Fund)
Bill 2019
A Bill for
An Act to amend the Western Australian Future Fund Act 2012.
The Parliament of Western Australia enacts as follows:
page 1
Western Australian Future Fund Amendment (Future Health Research and
Innovation Fund) Bill 2019
s. 1
1 1. Short title
2 This is the Western Australian Future Fund Amendment (Future
3 Health Research and Innovation Fund) Act 2019.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on the 28th day after the day on
9 which this Act receives the Royal Assent.
10 3. Act amended
11 This Act amends the Western Australian Future Fund Act 2012.
12 4. Long title replaced
13 Delete the long title and insert:
14
15 An Act to establish the Western Australian Future Health
16 Research and Innovation Account and the Western
17 Australian Future Health Research and Innovation Fund
18 and for related purposes.
19
20 5. Part 1 heading inserted
21 Before section 1 insert:
22
23 Part 1 -- Preliminary provisions
24
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Western Australian Future Fund Amendment (Future Health Research and
Innovation Fund) Bill 2019
s. 6
1 6. Short title amended
2 In section 1 after "Future" insert:
3
4 Health Research and Innovation
5
6 7. Section 3 amended
7 (1) In section 3 delete the definitions of:
8 Future Fund
9 Regional Development Minister
10 Royalties for Regions Fund
11 (2) In section 3 insert in alphabetical order:
12
13 advisory group means the advisory group established
14 and maintained under section 4F(1);
15 amendment day means the day on which the Western
16 Australian Future Fund Amendment (Future Health
17 Research and Innovation Fund) Act 2019 section 3
18 comes into operation;
19 arrangement means --
20 (a) a contract, programme or scheme; or
21 (b) any other type of arrangement;
22 CEO means the chief executive officer of the FHRI
23 Account Department;
24 department means a department of the Public Service;
25 FHRI Account means the account called the Western
26 Australian Future Health Research and Innovation
27 Account established under section 4A;
28 FHRI Account Department means the department
29 principally assisting the Minister for Health in the
30 administration of the FHRI Account;
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Western Australian Future Fund Amendment (Future Health Research and
Innovation Fund) Bill 2019
s. 7
1 FHRI Fund means the account called the Western
2 Australian Future Health Research and Innovation
3 Fund established under section 5;
4 FHRI Fund Department means the department
5 principally assisting the Treasurer in the administration
6 of the FHRI Fund;
7 forecast investment income, for a financial year,
8 means the estimate that --
9 (a) is of the income that will be derived during the
10 financial year from the investment of money
11 standing to the credit of the FHRI Fund; and
12 (b) is set out in --
13 (i) the part of the budget papers for the
14 financial year, tabled in the Legislative
15 Assembly, that is titled "Economic and
16 Fiscal Outlook"; or
17 (ii) if the regulations prescribe another part
18 of those budget papers -- that other
19 part;
20 Minister for Health --
21 (a) means the Minister of the Crown to whom the
22 administration of section 4A is for the time
23 being committed by the Governor; and
24 (b) includes a Minister of the Crown for the time
25 being acting for or on behalf of the Minister
26 referred to in paragraph (a);
27 Public Bank Account has the meaning given in the
28 Financial Management Act 2006 section 3;
29 qualifying activities means --
30 (a) any type of --
31 (i) medical research; or
32 (ii) other research in the field of human
33 health; or
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Western Australian Future Fund Amendment (Future Health Research and
Innovation Fund) Bill 2019
s. 8
1 (iii) medical innovation; or
2 (iv) other innovation in the field of human
3 health;
4 or
5 (b) the commercialisation, or other utilisation or
6 development, of any products or other
7 outcomes of any research or innovation falling
8 within paragraph (a).
9 (3) In section 3 in the definition of forecast royalty income
10 paragraph (a) delete ""General Government Operating
11 Statement"; or" and insert:
12
13 "Economic and Fiscal Outlook"; or
14
15 8. Section 4 replaced
16 Delete section 4 and insert:
17
18 4. Object of Act
19 The object of this Act is to provide a secure source of
20 funding to support qualifying activities that contribute
21 (directly or indirectly) to 1 or more of the following --
22 (a) improving the financial sustainability of
23 Western Australia's health system;
24 (b) improving the health and wellbeing of Western
25 Australians;
26 (c) improving Western Australia's economic
27 prosperity;
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Western Australian Future Fund Amendment (Future Health Research and
Innovation Fund) Bill 2019
s. 9
1 (d) advancing Western Australia to being, or
2 maintaining Western Australia's position as, a
3 national or international leader in any
4 qualifying activities.
5
6 9. Part 2 inserted
7 After section 4 insert:
8
9 Part 2 -- Western Australian Future Health
10 Research and Innovation Account
11 4A. Establishment of Western Australian Future Health
12 Research and Innovation Account
13 (1) The Western Australian Future Health Research and
14 Innovation Account is established for the purpose of
15 supporting qualifying activities that contribute (directly
16 or indirectly) to 1 or more of the things listed in
17 section 4(a) to (d).
18 (2) The FHRI Account is an agency special purpose
19 account under the Financial Management Act 2006
20 section 16.
21 (3) The FHRI Account is to be administered by the
22 Minister for Health.
23 (4) Money standing to the credit of the FHRI Account is to
24 be held in the Public Bank Account, subject to any
25 investment of that money under the Financial
26 Management Act 2006 section 37(1).
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Western Australian Future Fund Amendment (Future Health Research and
Innovation Fund) Bill 2019
s. 9
1 4B. Amounts to be credited to FHRI Account
2 (1) The FHRI Account is to be credited under section 9(1).
3 (2) The FHRI Account is also to be credited with the
4 following --
5 (a) any income derived from the investment of
6 money standing to the credit of the FHRI
7 Account;
8 (b) any other money lawfully made available to the
9 FHRI Account.
10 4C. Application of FHRI Account
11 (1) The Minister for Health may do the following --
12 (a) make arrangements that the Minister for Health
13 considers will further, or facilitate the
14 furthering of, the purpose referred to in
15 section 4A(1);
16 (b) approve arrangements --
17 (i) that have already been made (whether
18 by the Minister for Health or otherwise);
19 and
20 (ii) that the Minister for Health considers
21 will further, or facilitate the furthering
22 of, the purpose referred to in
23 section 4A(1).
24 (2) The Minister for Health may apply money standing to
25 the credit of the FHRI Account for the purposes of, or
26 in relation to, an arrangement made or approved under
27 subsection (1).
28 (3) The regulations may prescribe other cases in which the
29 Minister for Health may apply money standing to the
30 credit of the FHRI Account if the Minister for Health
31 considers that the application of the money will further,
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Western Australian Future Fund Amendment (Future Health Research and
Innovation Fund) Bill 2019
s. 9
1 or facilitate the furthering of, the purpose referred to in
2 section 4A(1).
3 (4) An arrangement made or approved under
4 subsection (1) may involve the following --
5 (a) a person considered by the Minister for Health
6 to be a person who --
7 (i) carries out or supports, or is to carry out
8 or support, qualifying activities; or
9 (ii) facilitates, or is to facilitate, the carrying
10 out of, or support for, qualifying
11 activities; or
12 (iii) without limiting subparagraphs (i) and
13 (ii), administers, or is to administer, a
14 programme or scheme for supporting
15 qualifying activities;
16 (b) without limiting paragraph (a), a person who
17 provides, or is to provide, services in relation
18 to --
19 (i) the making or approving of other
20 arrangements under subsection (1); or
21 (ii) the administration of other arrangements
22 made or approved under subsection (1).
23 (5) An arrangement made or approved under
24 subsection (1) may involve payments to, or for the
25 benefit of, a person falling within subsection (4)(a) or
26 (b), including (without limitation) payments (in
27 advance or otherwise) --
28 (a) to fund a programme or scheme that the person
29 is administering or is to administer; or
30 (b) for the person's services.
31 (6) An arrangement made or approved under
32 subsection (1) may involve financial or other benefits
33 being given to the State.
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Western Australian Future Fund Amendment (Future Health Research and
Innovation Fund) Bill 2019
s. 9
1 (7) Subsections (4) to (6) do not limit the Minister for
2 Health's discretion under subsection (1).
3 (8) An arrangement may be approved under
4 subsection (1)(b) whether it was made before, on or
5 after amendment day.
6 4D. Other provisions relating to FHRI Account
7 (1) The Treasurer and the Minister for Health may, in
8 writing, jointly direct that money standing to the credit
9 of the FHRI Account be transferred to the credit of the
10 FHRI Fund.
11 (2) The Treasurer cannot give a direction in relation to the
12 FHRI Account under the Financial Management
13 Act 2006 section 20(1).
14 (3) The provisions of the Financial Management Act 2006
15 and the Auditor General Act 2006 regulating the
16 financial administration, audit and reporting
17 requirements of departments apply to, and in relation
18 to, the FHRI Account.
19 (4) The administration of the FHRI Account is for the
20 purposes of the Financial Management Act 2006
21 section 52 to be regarded as a service of the FHRI
22 Account Department.
23 (5) Without limiting the Financial Management Act 2006
24 section 61, the annual report for a financial year
25 prepared under that section by the accountable
26 authority of the FHRI Account Department is to
27 contain information about the operation of the FHRI
28 Account during the financial year.
29 (6) The annual report is to include details of how money
30 standing to the credit of the FHRI Account was applied
31 during the financial year (if at all).
page 9
Western Australian Future Fund Amendment (Future Health Research and
Innovation Fund) Bill 2019
s. 9
1 4E. Delegation by Minister for Health and CEO
2 (1) The Minister for Health may delegate to the CEO any
3 function of the Minister for Health under section 4A or
4 under section 4C (including any regulations made for
5 the purposes of section 4C(3)).
6 (2) The CEO may delegate to a public service officer in
7 the FHRI Account Department any function that is
8 delegated to the CEO under subsection (1).
9 (3) A public service officer to whom a function is
10 delegated under subsection (2) cannot delegate that
11 function.
12 (4) A delegation under this section must be in writing
13 signed by the Minister for Health or the CEO (as the
14 case requires).
15 (5) A person exercising or performing a function that has
16 been delegated to the person under this section is taken
17 to do so in accordance with the terms of the delegation
18 unless the contrary is shown.
19 (6) The Health Legislation Administration Act 1984
20 section 9 does not apply to, or in relation to, any
21 function under this Part (if it would otherwise do so).
22 (7) This section does not limit the ability of the Minister
23 for Health to exercise or perform a function through an
24 officer or agent.
25 4F. Advisory group to be established and maintained
26 (1) The Minister for Health must establish and maintain an
27 advisory group (to be given a name determined by the
28 Minister for Health).
29 (2) The function of the advisory group is to provide any
30 advice or other assistance that the advisory group is
31 requested to provide by the Minister for Health, or by
page 10
Western Australian Future Fund Amendment (Future Health Research and
Innovation Fund) Bill 2019
s. 9
1 the FHRI Account Department, from time to time in
2 relation to 1 or both of the following --
3 (a) furthering, or facilitating the furthering of, the
4 purpose referred to in section 4A(1);
5 (b) other matters relating to any function of the
6 Minister for Health under section 4A or under
7 section 4C (including any regulations made for
8 the purposes of section 4C(3)).
9 (3) The advisory group's members are to be as follows --
10 (a) the CEO, or a nominee of the CEO;
11 (b) the chief executive officer of the department
12 that the Minister for Health considers is, apart
13 from the FHRI Account Department, the
14 department most closely involved with
15 qualifying activities, or a nominee of that chief
16 executive officer;
17 (c) 1 individual to be appointed by the Minister for
18 Health as a community representative;
19 (d) 1 individual to be appointed by the Minister for
20 Health whom the Minister for Health considers
21 is an expert in qualifying activities that are
22 research;
23 (e) 1 individual to be appointed by the Minister for
24 Health whom the Minister for Health considers
25 is an expert in qualifying activities that are
26 innovation;
27 (f) at least 3 other individuals --
28 (i) each of whom is to be appointed by the
29 Minister for Health; and
30 (ii) whom, taken together, the Minister for
31 Health considers have a suitable variety
32 and level of relevant expertise and
33 experience.
page 11
Western Australian Future Fund Amendment (Future Health Research and
Innovation Fund) Bill 2019
s. 9
1 (4) At least 1 of the members must be considered by the
2 Minister for Health to have experience in dealing with
3 issues relating to the health of Aboriginal people living
4 in Western Australia.
5 (5) At least 1 of the members must be considered by the
6 Minister for Health to have experience in dealing with
7 issues relating to the health of people living in regional
8 Western Australia.
9 (6) A nominee under subsection (3)(a) or (b), or a member
10 under subsection (3)(c) to (f), may be a public service
11 officer or any other individual.
12 4G. Other provisions relating to advisory group
13 (1) A member of the advisory group under section 4F(3)(c)
14 to (f) --
15 (a) holds office for the period, not exceeding
16 5 years, specified in their instrument of
17 appointment (subject to any condition specified
18 in that instrument under which the appointment
19 may be ended before that period expires or
20 under which the member may be suspended);
21 and
22 (b) is eligible for reappointment; and
23 (c) unless, or except to the extent that, their
24 instrument of appointment specifies otherwise,
25 is entitled to remuneration and allowances, and
26 may be reimbursed expenses, as determined by
27 the Minister for Health on the recommendation
28 of the Public Sector Commissioner; and
29 (d) otherwise holds office on the conditions
30 specified in their instrument of appointment.
page 12
Western Australian Future Fund Amendment (Future Health Research and
Innovation Fund) Bill 2019
s. 9
1 (2) The conditions referred to in subsection (1)(d) must
2 include the steps to be taken by the member if the
3 member has any actual, or potential, material conflict
4 of interest arising out of the advisory group's function.
5 (3) The Minister for Health may do the following --
6 (a) determine, as the Minister for Health considers
7 appropriate, any matters relating to the
8 operation or procedure of the advisory group
9 (including (without limitation) its quorum and
10 matters relating to voting);
11 (b) without limiting paragraph (a), designate a
12 member of the advisory group as its
13 chairperson.
14 (4) Subject to subsection (3), the advisory group --
15 (a) may determine its own procedure; and
16 (b) without limiting paragraph (a), may perform its
17 function through sub-groups of its members;
18 and
19 (c) may perform its function despite any vacancy
20 in its membership.
21 (5) Despite subsections (3) and (4), a member of the
22 advisory group under section 4F(3)(a) or (b) is a
23 non-voting member and cannot be the chairperson.
24 (6) If a member of the advisory group under
25 section 4F(3)(c) to (f) is unable or unavailable to act
26 because of suspension, illness, absence or other cause,
27 the Minister for Health may appoint another individual
28 (subject to the requirements of the relevant provision of
29 section 4F(3)(c) to (f)) as an alternate member to act
30 temporarily in the member's place.
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Western Australian Future Fund Amendment (Future Health Research and
Innovation Fund) Bill 2019
s. 10
1 (7) While acting in accordance with the appointment, the
2 alternate member is, and has any entitlement of, a
3 member of the advisory group under section 4F(3)(c)
4 to (f).
5 (8) An act or omission of an alternate member cannot be
6 questioned on the ground that the occasion for the
7 appointment or acting had not arisen or had ceased.
8 (9) Subsection (10) applies to an individual who is, or has
9 been, a member of the advisory group.
10 (10) No civil liability attaches to the individual for anything
11 that the individual has done, or omitted to do, in good
12 faith --
13 (a) in the performance, or purported performance,
14 of the advisory group's function; or
15 (b) otherwise as a member of the advisory group.
16
17 10. Part 3 heading inserted
18 Before section 5 insert:
19
20 Part 3 -- Western Australian Future Health
21 Research and Innovation Fund
22
23 11. Section 5 amended
24 (1) Delete section 5(1) and insert:
25
26 (1) The Western Australian Future Fund that was
27 established under this section on 30 November 2012 is
28 discontinued.
page 14
Western Australian Future Fund Amendment (Future Health Research and
Innovation Fund) Bill 2019
s. 12
1 (1A) The Western Australian Future Health Research and
2 Innovation Fund is established for the purpose of
3 funding the FHRI Account under section 9(1).
4
5 (2) In section 5(2) and (3) delete "Future" and insert:
6
7 FHRI
8
9 (3) Delete section 5(4) and insert:
10
11 (3A) Money standing to the credit of the Western Australian
12 Future Fund immediately before amendment day
13 stands to the credit of the FHRI Fund.
14 (4) Money standing to the credit of the FHRI Fund is to be
15 held in the Public Bank Account, subject to any
16 investment of that money under the Financial
17 Management Act 2006 section 37(1).
18
19 (4) In section 5(5) delete "Future Fund referred to in
20 subsection (4)" and insert:
21
22 FHRI Fund
23
24 Note: The heading to amended section 5 is to read:
25 Establishment of Western Australian Future Health Research and
26 Innovation Fund
27 12. Section 6 deleted
28 Delete section 6.
page 15
Western Australian Future Fund Amendment (Future Health Research and
Innovation Fund) Bill 2019
s. 13
1 13. Section 7 amended
2 (1) In section 7 delete "In the financial year commencing
3 1 July 2016, and in each subsequent financial year --" and
4 insert:
5
6 In each financial year that starts on or after amendment day --
7
8 (2) In section 7(a) delete "Future" and insert:
9
10 FHRI
11
12 Note: The heading to amended section 7 is to read:
13 Credits to FHRI Fund from forecast royalty income
14 14. Sections 8 and 9 replaced
15 Delete sections 8 and 9 and insert:
16
17 8. Additional money to be credited to FHRI Fund
18 In addition to the amounts credited to the FHRI Fund
19 under section 7, the following amounts are to be
20 credited to the FHRI Fund --
21 (a) any income derived from the investment of
22 money standing to the credit of the FHRI Fund;
23 (b) any amount that is the subject of a joint
24 direction of the Treasurer and the Minister for
25 Health under section 4D(1);
26 (c) any other money lawfully made available to the
27 FHRI Fund.
page 16
Western Australian Future Fund Amendment (Future Health Research and
Innovation Fund) Bill 2019
s. 14
1 9. Application of FHRI Fund
2 (1) In each financial year that starts on or after amendment
3 day, an amount equal to the forecast investment income
4 for the financial year is to be charged to the FHRI Fund
5 and credited to the FHRI Account.
6 (2) Otherwise, money standing to the credit of the FHRI
7 Fund --
8 (a) is to be held in perpetuity to the credit of the
9 FHRI Fund; and
10 (b) cannot be applied for any purpose.
11 (3) The Treasurer cannot give a direction in relation to the
12 FHRI Fund under the Financial Management Act 2006
13 section 20(1).
14 (4) The Financial Management Act 2006 section 12 does
15 not apply to money standing to the credit of the FHRI
16 Fund.
17 9A. Annual reporting on FHRI Fund
18 (1) Without limiting the Financial Management Act 2006
19 section 61, the annual report for a financial year
20 prepared under that section by the accountable
21 authority of the FHRI Fund Department is to contain
22 information about the operation of the FHRI Fund
23 during the financial year.
24 (2) The annual report is to include details of the amount
25 charged to the FHRI Fund during the financial year
26 under section 9(1).
27
page 17
Western Australian Future Fund Amendment (Future Health Research and
Innovation Fund) Bill 2019
s. 15
1 15. Part 4 heading inserted
2 Before section 10 insert:
3
4 Part 4 -- Final provisions
5
6 16. Section 10 amended
7 (1) Delete section 10(1) and insert:
8
9 (1) In this section --
10 establishment period means the period starting on
11 amendment day and ending on 30 June 2032.
12
13 (2) In section 10(2):
14 (a) delete "section 6, 7, 8 or 9" and insert:
15
16 section 7, 8 or 9
17
18 (b) delete "accumulation" and insert:
19
20 establishment
21
22 Note: The heading to amended section 10 is to read:
23 Manner and form of amendment or repeal during establishment
24 period
25 17. Section 11 deleted
26 Delete section 11.
27
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