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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Forest Products Amendment Bill 2020
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Definitions 2
Part 2 -- Amendment of Forest
Products Act 2000
4. Act amended 3
5. Definitions amended 3
6. Section 4 amended 4
7. Repeal 5
8. New provisions 5
Part 2 -- Minister and CEO
5. "Forest CEO", body corporate 5
6. CEO functions 6
7. Principles on which CEO is to act 6
8. Regard to principles 7
9. Delegation by Minister 7
10. Delegation by CEO 7
Part 3 -- Staff
11. Officers and other staff, appointment of 8
12. Other public service staff and facilities 8
Part 4 -- Financial provisions
13. Forest Research and Development
Account 9
Part 5 -- Regulation of forestry
Division 1 -- Prohibited forestry
14. Minister may prohibit forestry activity 10
15. Minister's orders subject to disallowance
by Parliament 10
201--1 page i
Forest Products Amendment Bill 2020
Contents
Division 2 -- Contracts for the management,
harvesting or sale of forest products
16. Definitions 11
17. Contracts generally 12
18. Contracts and related arrangements 12
19. Contracts subject to relevant management
plan 13
20. Contracts subject to this Act and the
CALM Act 13
9. Part 9 amended 13
10. Part 10 amended 14
Part 3 -- Amendment of
Conservation and Land
Management Act 1984
11. CALM Act amended 15
12. Definitions amended 15
13. Other sections amended 15
Part 4 -- Transitional and saving
14. Transitional regulations 17
15. Devolution of the Forest Products Commission's
assets, rights and liabilities 17
16. Certain contracts under Forest Products Act have
effect as if entered into by the CEO 18
17. Continuing effect and transfer of rights and
obligations 18
18. Transfer of rights and obligations under other
agreements 18
19. Certain contracts to be concluded 19
20. Transfer of positions 19
21. Registration of documents 21
22. Exemption from State tax 21
23. Saving 22
page ii
Western Australia
LEGISLATIVE COUNCIL
(Introduced by Hon Ms Diane Evers, MLC)
Forest Products Amendment Bill 2020
A Bill for
An Act to amend the Forest Products Act 2000, to consequentially
amend certain other Acts and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Forest Products Amendment Bill 2020
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Forest Products Amendment Act 2020.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1, 2 and 3 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on a day or days fixed by
9 proclamation.
10 3. Definitions
11 (1) For the purposes of this Act --
12 amended Act means the Forest Products Act 2000 as amended
13 by this Act.
14 CALM Act means the Conservation and Land Management
15 Act 1984;
16 CEO Department means the Department of Biodiversity,
17 Conservation and Attractions;
18 Forest Products Commission means the Commission
19 established by section 5 of the original Act;
20 original Act means the Forest Products Act 2000 as in force at
21 1 January 2019.
page 2
Forest Products Amendment Bill 2020
Amendment of Forest Products Act 2000 Part 2
s. 4
1 Part 2 -- Amendment of Forest Products Act 2000
2 4. Act amended
3 This Part amends the Forest Products Act 2000.
4 5. Definitions amended
5 (1) The amendments in this section are to section 3.
6 (2) The definition of "Account" is amended by deleting "Forest
7 Products Account referred to in section 42" and instead
8 inserting "Forest Research and Development Account referred
9 to in section 13".
10 (3) After the definition of "CALM Act sharefarming agreement",
11 the following definition is inserted --
12
13 CEO means the CEO of the Department of
14 Biodiversity, Conservation and Attractions, being the
15 department of the Public Service principally assisting
16 in the administration of this Act;
17
18 (4) The definition of "Commission" is deleted.
19 (5) The definition of "Commission sharefarming agreement" is
20 amended by adding the words "of the original Act" after the
21 words "Part 7".
22 (6) The definition of "commissioner" is deleted.
23 (7) After the definition of "forest products", the following
24 definition is inserted --
25
26 Forest Products Commission means the Commission
27 established by section 5 of the original Act;
28
29 (8) The definition of "General Manager" is deleted.
page 3
Forest Products Amendment Bill 2020
Part 2 Amendment of Forest Products Act 2000
s. 6
1 (9) The definition of "manage" is amended by:
2 (a) adding the words "State forest and" before the words
3 "forest products";
4 (b) deleting "grow, tend (including thinning) and protect"
5 and instead inserting "restore, tend and protect".
6 (10) After the definition of "manage", the following definitions are
7 inserted --
8
9 management contract has the meaning given by
10 section 16;
11 native vegetation has the meaning given by section 3
12 of the Environmental Protection Act 1986;
13 original Act means the Forest Products Act 2000 as in
14 force on 1 January 2019;
15
16 (11) The definition of "production contract" is amended by deleting
17 "section 55" and instead inserting "section 16".
18 (12) The definition of "relevant management plan" is amended by
19 deleting "section 55" and instead inserting "section 16".
20 (13) The definition of "staff member" is amended by deleting
21 "Commission's staff other than the General Manager (including
22 an officer or employee referred to in section 40(1))" and instead
23 inserting "staff appointed under Part 3".
24 (14) The definition of "the commissioners" is deleted.
25 6. Section 4 amended
26 (1) Section 4 is amended by:
27 (a) deleting the word "firewood" and inserting the words
28 "any other products or services prescribed for the
29 purposes of this definition,"; and
page 4
Forest Products Amendment Bill 2020
Amendment of Forest Products Act 2000 Part 2
s. 7
1 (b) inserting after the words "sharefarmed land" the words
2 "but does not include native vegetation that has not been
3 grown as plantations for the purposes of harvest".
4 7. Repeal
5 (1) Sections 5 to 61 are repealed.
6 (2) Schedules 1 to 2 are repealed.
7 8. New provisions
8 After section 4, insert:
9
10 Part 2 -- Minister and CEO
11 5. "Forest CEO", body corporate
12 (1) The CEO shall for the purposes of this Act be a body
13 corporate under the name "Forest CEO".
14 (2) The corporate identity and the rights, obligations and
15 assets of the body corporate are not affected by the
16 amendment of the original Act.
17 (3) The body corporate --
18 (a) has perpetual succession and a common seal;
19 and
20 (b) may sue and be sued in its corporate name; and
21 (c) is capable of doing and suffering all that bodies
22 corporate may do and suffer.
23 (4) If a document is produced bearing a seal purporting to
24 be the common seal of the Forest CEO, it is to be
25 presumed that the common seal is the common seal of
26 the Forest CEO, unless the contrary is proved.
page 5
Forest Products Amendment Bill 2020
Part 2 Amendment of Forest Products Act 2000
s. 8
1 6. CEO functions
2 (1) It is a function of the CEO --
3 (a) to advise the Minister on matters relating to
4 State forest and timber reserves;
5 (b) to promote the expansion, regeneration,
6 restoration and protection of State forest;
7 (c) to comply with and promote the principles of
8 ecologically sustainable forest management,
9 and to enter into contracts and undertake any
10 project or operation for that purpose; and
11 (d) to carry out or cause to be carried out such
12 study or research of or into a matter relating to
13 a function of the CEO as the Minister may
14 approve.
15 (2) The CEO has power to do all things necessary or
16 convenient to be done for or in connection with the
17 performance of its functions under this Act.
18 (3) This Act does not limit or otherwise affect the
19 operation of the Biodiversity Conservation Act 2016 or
20 the Environmental Protection Act 1986 in relation to
21 the CEO or any other person.
22 7. Principles on which CEO is to act
23 (1) The CEO in performing its functions must ensure that
24 the principles of ecologically sustainable forest
25 management are complied with.
26 (2) For the purposes of subsection (1) the principles of
27 ecologically sustainable forest management are --
28 (a) that the decision-making process should
29 effectively integrate both long-term and
30 short-term environmental, economic, social and
31 equitable considerations;
page 6
Forest Products Amendment Bill 2020
Amendment of Forest Products Act 2000 Part 2
s. 8
1 (b) that if there are threats of serious or irreversible
2 environmental damage, the lack of full
3 scientific certainty should not be used as a
4 reason for postponing measures to prevent
5 environmental degradation;
6 (c) that the present generation should ensure that
7 the health, diversity and productivity of the
8 environment is maintained or enhanced for the
9 benefit of future generations;
10 (d) that the conservation of biological diversity and
11 ecological integrity should be a fundamental
12 consideration in decision-making; and
13 (e) that environmental factors must be included in
14 the valuation of assets and services.
15 8. Regard to principles
16 A person or body exercising a function or power under
17 this Act must comply with the principles of
18 ecologically sustainable forest management in
19 exercising that function or power.
20 9. Delegation by Minister
21 (1) The Minister may, by instrument in writing, delegate to
22 a person, either generally or as otherwise provided in
23 the instrument, any power or duty under this Act, other
24 than this power of delegation.
25 (2) Anything done by a delegate under a delegation under
26 this section has the same force and effect as if it had
27 been done by the Minister.
28 10. Delegation by CEO
29 (1) The CEO may, by instrument in writing, delegate to a
30 person, either generally or as otherwise provided in the
31 instrument, any power or duty under this Act, other
32 than this power of delegation.
page 7
Forest Products Amendment Bill 2020
Part 2 Amendment of Forest Products Act 2000
s. 8
1 (2) Anything done by a delegate under a delegation under
2 this section has the same force and effect as if it had
3 been done by the CEO.
4 Part 3 -- Staff
5 11. Officers and other staff, appointment of
6 (1) There are to be appointed under Part 3 of the Public
7 Sector Management Act 1994 such officers and other
8 staff as are required for the purposes of the
9 administration of this Act.
10 (2) A person who holds office as a member of the Forest
11 Products Commission immediately before the
12 commencement of this Act ceases to hold that office on
13 that commencement but, subject to the CALM Act as
14 amended by this Act, is eligible to be appointed under
15 subsection (1).
16 12. Other public service staff and facilities
17 (1) The CEO may by arrangement with the relevant
18 employer make use, either full-time or part-time, of the
19 services of any officer or employee --
20 (a) in the Public Service;
21 (b) in a State agency or instrumentality; or
22 (c) otherwise in the service of the Crown in right of
23 the State.
24 (2) The CEO may by arrangement with --
25 (a) a department of the Public Service; or
26 (b) a State agency or instrumentality,
27 make use of any facilities of the department, agency or
28 instrumentality.
page 8
Forest Products Amendment Bill 2020
Amendment of Forest Products Act 2000 Part 2
s. 8
1 (3) An arrangement under subsection (1) or (2) is to be
2 made on such terms as are agreed to by the parties.
3 Part 4 -- Financial provisions
4 13. Forest Research and Development Account
5 (1) The account established by section 42 of the original
6 Act is continued in existence and renamed the "Forest
7 Research and Development Account" (the Account).
8 (2) The Account is to be administered by the CEO.
9 (3) The Account is to be credited with --
10 (a) moneys paid to the CEO or Minister in the
11 performance of functions under this Act; and
12 (b) other moneys lawfully received by, made
13 available to, or payable to, the Account.
14 (4) The Account may be applied by the CEO for all or any
15 of the following purposes --
16 (a) to promote the expansion, regeneration,
17 restoration and protection of State forest,
18 including reforestation of previously forested
19 land;
20 (b) to carry out or cause to be carried out such
21 study or research of or into a matter relating to
22 a function of the CEO; and
23 (c) all other expenditure lawfully incurred by the
24 CEO in the rehabilitation, restoration and
25 reforestation of State forest.
page 9
Forest Products Amendment Bill 2020
Part 2 Amendment of Forest Products Act 2000
s. 8
1 Part 5 -- Regulation of forestry
2 Division 1 -- Prohibited forestry
3 14. Minister may prohibit forestry activity
4 (1) The Minister may, by order published in the Gazette,
5 prohibit persons or any specified class of persons from
6 engaging in any forestry activity of a specified class.
7 (2) An order may prohibit a forestry activity at all times or
8 during any specified period.
9 (3) A person must not --
10 (a) contravene a provision of an order; or
11 (b) have in the person's possession any thing
12 intended to be used to engage in an activity that
13 the person is prohibited from engaging in by an
14 order.
15 Penalty: A fine not exceeding $10 000 or, in the case of
16 a body corporate, a fine not exceeding $50 000.
17 (4) It is a defence in proceedings for an offence against
18 subsection (3)(b) for the person charged to prove that
19 the person did not know, and could not reasonably be
20 expected to have known, that the activity was carried
21 out in contravention of an order.
22 (5) The Minister may, by further order published in the
23 Gazette, amend or revoke an order made under this
24 section.
25 15. Minister's orders subject to disallowance by
26 Parliament
27 (1) An order made under this Division is subsidiary
28 legislation for the purposes of the Interpretation
29 Act 1984.
page 10
Forest Products Amendment Bill 2020
Amendment of Forest Products Act 2000 Part 2
s. 8
1 (2) Section 42 of the Interpretation Act 1984 applies to and
2 in relation to an order made under this Division as if
3 the order were a regulation.
4 Division 2 -- Contracts for the management, harvesting
5 or sale of forest products
6 16. Definitions
7 (1) In this Division, unless the contrary intention
8 appears --
9 management contract means a contract for the
10 management of State forest and timber reserves to
11 which the CEO is a party;
12 production contract means a contract for the
13 management, harvesting or sale of forest products to
14 which the CEO is a party;
15 relevant management plan, in relation to a production
16 contract, means the management plan that --
17 (a) relates to departmental land on which forest
18 products that are to be managed, harvested or
19 sold under the contract are located; and
20 (b) has effect during the term of the contract;
21 road contract means a contract (other than a
22 production contract) providing for the construction or
23 maintenance of roads for the purposes of managing or
24 harvesting forest products.
25 (2) For the avoidance of doubt, native vegetation may only
26 be sold under this Division --
27 (a) under a management contract; and
28 (b) where its availability is incidental to or in aid of
29 the management of the State forest or timber
30 reserve.
page 11
Forest Products Amendment Bill 2020
Part 2 Amendment of Forest Products Act 2000
s. 8
1 17. Contracts generally
2 Without limiting section 6, the CEO may make any
3 appropriate commercial arrangements, or do anything
4 else that it considers appropriate, for the purposes of
5 entering into management contracts, production
6 contracts and road contracts, including --
7 (a) conducting negotiations by private treaty;
8 (b) calling for expressions of interest;
9 (c) calling tenders; and
10 (d) arranging sales by auction.
11 18. Contracts and related arrangements
12 (1) A production contract or management contract with a
13 person for the management or harvesting of forest
14 products may provide for the person's obligations as
15 to --
16 (a) the construction or maintenance of roads or
17 other infrastructure for the purposes of
18 managing or harvesting;
19 (b) silvicultural operations or other preparations
20 before, and silvicultural operations after, the
21 felling or cutting of forest products; and
22 (c) regeneration of forest after felling or cutting.
23 (2) If State forest or forest products to be managed or
24 harvested under a production contract are located on
25 departmental land the inclusion of provisions referred
26 to in subsection (1) in the contract does not affect the
27 Department's functions under the CALM Act and any
28 relevant management plan.
page 12
Forest Products Amendment Bill 2020
Amendment of Forest Products Act 2000 Part 2
s. 9
1 19. Contracts subject to relevant management plan
2 (1) Before entering into a management contract or
3 production contract relating to State forest or forest
4 products located on departmental land the CEO is to
5 ensure that --
6 (a) the quantities and kinds of forest products; and
7 (b) the location of the forest products proposed to
8 be managed, harvested or sold under the
9 contract,
10 are in accordance with the provisions of the relevant
11 management plan.
12 (2) A contract referred to in subsection (1) has no effect
13 after the relevant management plan has expired.
14 20. Contracts subject to this Act and the CALM Act
15 A provision in, or condition of, a management contract,
16 production contract or road contract that is inconsistent
17 with --
18 (a) this Act; or
19 (b) in the case of a contract relating to forest
20 products located on departmental land --
21 (i) the CALM Act; or
22 (ii) the relevant management plan,
23 is of no effect, but without prejudice to other
24 provisions or conditions of the contract.
25
26 9. Part 9 amended
27 (1) Section 62 is amended by deleting "General Manager" and
28 inserting instead "CEO".
29 (2) Section 65(2) is amended by deleting "Commission" and
30 inserting instead "CEO".
page 13
Forest Products Amendment Bill 2020
Part 2 Amendment of Forest Products Act 2000
s. 10
1 10. Part 10 amended
2 (1) Section 66(2) is amended by deleting "Commission" and
3 inserting instead "CEO".
4 (2) Section 66(3) is amended by deleting "Commission" and
5 inserting instead "CEO".
6 (3) Section 66(5) is amended by deleting "Commission" and
7 inserting instead "CEO".
8 (4) Section 66(6)(a) is amended by deleting "Commission" and
9 inserting instead "CEO".
10 (5) Section 66(6)(b) is amended by deleting "Commission" and
11 inserting instead "CEO".
12 (6) Section 67(1) is amended by deleting "Commission" and
13 inserting instead "CEO".
14 (7) Section 67(3) is amended by deleting "Commission" and
15 inserting instead "CEO".
16 (8) Section 68 is repealed.
17 (9) Section 69(1)(a) is repealed.
18 (10) Section 70(2) is repealed.
19 (11) Section 71(2)(a) is amended by deleting "Commission" and
20 inserting instead "CEO".
21 (12) Section 71(2)(b) is amended by deleting "Commission" and
22 inserting instead "CEO".
page 14
Forest Products Amendment Bill 2020
Amendment of Conservation and Land Management Act Part 3
1984
s. 11
1 Part 3 -- Amendment of Conservation and Land
2 Management Act 1984
3 11. CALM Act amended
4 This Part amends the Conservation and Land Management
5 Act 1984.
6 12. Definitions amended
7 (1) This section amends section 3 of the CALM Act.
8 (2) The definition of "Forest Products Commission" is deleted.
9 (3) After the definition of "forest products", the following
10 definition is inserted --
11 Forest CEO means the chief executive officer of the department
12 of the Public Service principally assisting in the administration
13 of the Forest Products Act 2000;
14 13. Other sections amended
15 (1) Section 19(1)(g) is amended by deleting the words "Forest
16 Products Commission" and instead inserting "Forest CEO".
17 (2) Section 19(8) is amended by deleting the words "Forest
18 Products Commission" and instead inserting "Forest CEO".
19 (3) Section 22(b) is amended by deleting the words "as a
20 commissioner, the General Manager or a member of the staff of
21 the Forest Products Commission" and instead inserting "under
22 the Forest Products Act 2000".
23 (4) Section 33(1)(bb) is amended by deleting the words "Forest
24 Products Commission" and instead inserting "Forest CEO".
25 (5) Section 35(2) is amended by deleting the words "Forest
26 Products Commission" and instead inserting "Forest CEO".
27 (6) Section 54(3)(a)(ii) is amended by deleting the words "Forest
28 Products Commission" and instead inserting "Forest CEO".
page 15
Forest Products Amendment Bill 2020
Part 3 Amendment of Conservation and Land Management Act
1984
s. 13
1 (7) Section 58(2) is amended by deleting the words "Forest
2 Products Commission" and instead inserting "Forest CEO".
3 (8) Section 64(b)(i) is amended by deleting the words
4 "section 42(2)" and instead inserting "section 12(4)".
5 (9) Section 118(1)(a) is amended by deleting the words "section 65
6 of".
page 16
Forest Products Amendment Bill 2020
Transitional and saving Part 4
s. 14
1 Part 4 -- Transitional and saving
2 14. Transitional regulations
3 (1) In this section --
4 transitional matter means a matter that needs to be dealt with
5 for the purpose of effecting the transition from the original Act,
6 as enacted immediately before the commencement of this Act,
7 to --
8 (a) the CALM Act as amended by this Act; or
9 (b) the Forest Products Act as amended by this Act.
10 (2) If there is no sufficient provision in this Act for dealing with a
11 transitional matter, the Governor may make regulations
12 prescribing all matters that are required, or are necessary or
13 convenient, for dealing with that transitional matter.
14 (3) Regulations made under subsection (2) may have effect before
15 the day on which they are published in the Gazette.
16 15. Devolution of the Forest Products Commission's assets,
17 rights and liabilities
18 (1) On the commencement day --
19 (a) the assets and rights of the Forest Products Commission
20 immediately before that day become assets and rights of
21 the CEO by force of this section; and
22 (b) the liabilities of the Forest Products Commission
23 immediately before that day become liabilities of the
24 CEO, by force of this section.
25 (2) On and after the commencement day, any proceedings that
26 immediately before that day might have been brought or
27 continued by the Forest Products Commission may be brought
28 or continued by the CEO.
page 17
Forest Products Amendment Bill 2020
Part 4 Transitional and saving
s. 16
1 (3) On and after the commencement day, any remedy that
2 immediately before that day is available against or to the Forest
3 Products Commission is available against or to the CEO.
4 16. Certain contracts under Forest Products Act have effect as
5 if entered into by the CEO
6 A contract entered into under the original Act that is in effect
7 immediately before the commencement of this Act has effect as
8 if it had been entered into by the CEO instead of the Forest
9 Products Commission.
10 17. Continuing effect and transfer of rights and obligations
11 (1) Anything commenced to be done by the Forest Products
12 Commission before the commencement of this Part may be
13 continued on and after the commencement of this Part by the
14 CEO.
15 (2) An act done or omitted to be done before the commencement of
16 this Part by, to or in respect of the Forest Products Commission,
17 to the extent that the act or omission --
18 (a) has force or significance; and
19 (b) is not governed by another provision of this Part,
20 is on and after the commencement of this Part taken to have
21 been done or omitted to be done by, to or in respect of the CEO.
22 (3) Any agreement or instrument that contains a reference to the
23 Forest Products Commission has effect as if the reference were
24 to the CEO unless the context otherwise requires.
25 18. Transfer of rights and obligations under other agreements
26 (1) Subject to sections 16 and 17, an agreement that is in effect
27 immediately before the commencement of this Part that
28 provides for any rights, obligations or powers to be held by, or
29 to be imposed or conferred on, the Forest Products Commission
30 under the agreement as to the harvesting, sale or supply of
31 timber or other forest produce has effect as if the rights,
page 18
Forest Products Amendment Bill 2020
Transitional and saving Part 4
s. 19
1 obligations or powers were held by, or imposed or conferred on,
2 the CEO.
3 (2) An agreement referred to in subsection (1) entered into by the
4 Forest Products Commission as agent of another person has
5 effect as if the agreement were entered into by the CEO as agent
6 of that person.
7 19. Certain contracts to be concluded
8 To the extent that an agreement or contract entered into by the
9 Forest Products Commission relates to matters outside the
10 CEO's functions under the amended Act, the CEO is to ensure
11 that the agreement or contract is transferred, terminated,
12 rescinded, varied or concluded as soon as reasonably
13 practicable.
14 20. Transfer of positions
15 (1) The Minister, by order published in the Gazette within 4 weeks
16 of the commencement of this Act, is to determine the positions,
17 the functions or duties of which related, immediately before the
18 commencement of this Act, to performing duties relating
19 exclusively or primarily to the administration of the amended
20 Act.
21 (2) The Minister, by order published in the Gazette within 4 weeks
22 of the commencement of this Act, may determine the positions
23 (other than the positions determined under subsection (1)) --
24 (a) the functions or duties of which related, immediately
25 before the commencement of this Act, to the provision
26 of administrative, policy or corporate services for the
27 purposes of the performance of the duties referred to in
28 subsection (1); and
29 (b) that the Minister considers appropriate for transfer to the
30 Department, or other Department of the public service,
31 by reason of this Act.
page 19
Forest Products Amendment Bill 2020
Part 4 Transitional and saving
s. 21
1 (3) On the publication of an order under subsections (1) or (2) a
2 position referred to in the order is transferred to the Department.
3 (4) A person holding a position when it is transferred to the
4 Department is to be regarded as having been engaged under
5 Part 3 of the amended Act.
6 (5) Except as otherwise agreed by a person referred to in
7 subsection (4), the remuneration, existing or accrued rights
8 (including the right to be employed for an indefinite period in
9 the Public Service), rights under a superannuation scheme or
10 terms, conditions or continuity of service of the person are not
11 affected, prejudiced or interrupted by the operation of
12 subsections (3) and (4).
13 (6) If a person referred to in subsection (4) was a contributor as
14 defined in the Superannuation and Family Benefits Act 1938
15 immediately before becoming a Department employee, the
16 person may continue to be a contributor under that Act after
17 becoming a Department employee.
18 (7) For the purposes of subsection (6), the Department --
19 (a) is a department as defined by the Superannuation and
20 Family Benefits Act 1938; and
21 (b) is to pay to the Board under that Act payments of the
22 kind described in paragraph (i) of the proviso to the
23 definition of "department" in section 6 of that Act.
24 (8) In this section --
25 Department employee means a member of the staff of the
26 Department;
27 transferred employee means a person referred to in
28 subsection (4) who, immediately before becoming a Department
29 employee, was employed for an indefinite period in the Public
30 Service.
page 20
Forest Products Amendment Bill 2020
Transitional and saving Part 4
s. 21
1 21. Registration of documents
2 The relevant officials must --
3 (a) take notice of this Part; and
4 (b) record and register in the appropriate manner the
5 documents necessary to show the effect of this Part.
6 22. Exemption from State tax
7 (1) In this section --
8 State tax includes --
9 (a) duty chargeable under the Duties Act 2008; and
10 (b) any other tax, duty, fee, levy or charge under a law of
11 the State.
12 (2) State tax is not payable in relation to --
13 (a) anything that occurs by operation of this Part; or
14 (b) anything done (including a transaction entered into or an
15 instrument or document of any kind made, executed,
16 lodged or given) under this Part, or to give effect to this
17 Part, or for a purpose connected with or arising out of
18 giving effect to this Part.
19 (3) The Department CEO may certify in writing that --
20 (a) a specified thing occurred by operation of this Part; or
21 (b) a specified thing was done under this Part, or to give
22 effect to this Part, or for a purpose connected with or
23 arising out of giving effect to this Part.
24 (4) For all purposes and in all proceedings, a certificate under
25 subsection (3) is sufficient evidence of the matters it certifies
26 unless the contrary is shown.
page 21
Forest Products Amendment Bill 2020
Part 4 Transitional and saving
s. 23
1 23. Saving
2 The operation of any provision of this Part is not to be
3 regarded --
4 (a) as a breach of contract or confidence or otherwise as a
5 civil wrong;
6 (b) as a breach of any contractual provision prohibiting,
7 restricting or regulating the assignment or transfer of
8 property, rights or liabilities or the disclosure of
9 information;
10 (c) as giving rise to any remedy by a party to an instrument
11 or as causing or permitting the termination of any
12 instrument, because of a change in the beneficial or legal
13 ownership of any property, right or liability;
14 (d) as causing any contract or other instrument to be void or
15 otherwise unenforceable; or
16 (e) as releasing or allowing the release of any surety.
17
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