Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Administration Amendment Bill 2018
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 14 amended 2
5. Section 14A inserted 6
14A. Order declaring sum that is to apply for
specified item 6
77--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Administration Amendment Bill 2018
A Bill for
An Act to amend the Administration Act 1903.
The Parliament of Western Australia enacts as follows:
page 1
Administration Amendment Bill 2018
s. 1
1 1. Short title
2 This is the Administration Amendment Act 2018.
3 2. Commencement
4 This Act comes into operation as follows --
5 (a) sections 1 and 2 -- on the day on which this Act
6 receives the Royal Assent;
7 (b) the rest of the Act -- on the day after that day.
8 3. Act amended
9 This Act amends the Administration Act 1903.
10 4. Section 14 amended
11 (1) Before section 14(1) insert:
12
13 (1A) In this section --
14 declared sum, for a specified item, means the sum that
15 applies for that item under an order;
16 order means an order made by the Minister under
17 section 14A(2);
18 specified item means any of the following items in the
19 Table --
20 (a) item 2;
21 (b) item 3(a) and (b);
22 (c) item 3(b)(i);
23 (d) item 6;
24 Table means the Table to subsection (1).
25
page 2
Administration Amendment Bill 2018
s. 4
1 (2) In section 14(1):
2 (a) delete "his property, the property as to which he dies
3 intestate" and insert:
4
5 their property, the property as to which they die intestate
6
7 (b) delete "in the following table (in this section called the
8 Table): -- " and insert:
9
10 in the Table --
11
12 (c) in the Table item 2 delete "$50 000 -- " (each occurrence)
13 and insert:
14
15 $435 000 (or, if there is a declared sum for item 2 applicable to the
16 intestate, that sum) --
17
18 (d) in the Table item 2(b) delete "$50 000," and insert:
19
20 $435 000 (or, if there is a declared sum for item 2 applicable to the
21 intestate, that sum),
22
23 (e) in the Table item 3 delete "$75 000 -- " (each occurrence)
24 and insert:
25
26 $650 000 (or, if there is a declared sum for item 3(a) and (b)
27 applicable to the intestate, that sum) --
28
29 (f) in the Table item 3(b) delete "$75 000," and insert:
30
31 $650 000 (or, if there is a declared sum for item 3(a) and (b)
32 applicable to the intestate, that sum),
33
page 3
Administration Amendment Bill 2018
s. 4
1 (g) in the Table item 3(b)(i)(A) delete "$6 000" and insert:
2
3 $52 000 (or, if there is a declared sum for item 3(b)(i) applicable to
4 the intestate, that sum)
5
6 (h) in the Table item 3(b)(i)(B) delete "$6 000," and insert:
7
8 $52 000 (or, if there is a declared sum for item 3(b)(i) applicable to
9 the intestate, that sum),
10
11 (i) in the Table item 6 delete "$6 000 -- " (each occurrence)
12 and insert:
13
14 $52 000 (or, if there is a declared sum for item 6 applicable to the
15 intestate, that sum) --
16
17 (j) in the Table item 6(b) delete "$6 000," and insert:
18
19 $52 000 (or, if there is a declared sum for item 6 applicable to the
20 intestate, that sum),
21
22 (3) After section 14(1) insert:
23
24 (1B) In this section, the declared sum for a specified item
25 applicable to an intestate is the declared sum for that
26 specified item under the order that has effect at the
27 time the intestate dies (even if that order later ceases to
28 have effect, including if the order ceases to have effect
29 under the Interpretation Act 1984 section 42(2) as
30 applied by section 14A(5)).
31
page 4
Administration Amendment Bill 2018
s. 4
1 (4) In section 14(4):
2 (a) in paragraph (a) delete "$50 000 mentioned in
3 paragraph (b) of item 2 of the Table; or" and insert:
4
5 $435 000 (or, if there is a declared sum for item 2
6 applicable to the intestate, that sum) mentioned in
7 item 2(b) of the Table; or
8
9 (b) in paragraph (b) delete "$75 000 mentioned in
10 paragraph (b) of item 3 of the Table," and insert:
11
12 $650 000 (or, if there is a declared sum for item 3(a) and
13 (b) applicable to the intestate, that sum) mentioned in
14 item 3(b) of the Table,
15
16 (5) In section 14(8) delete "subsections (9) and (10)," and insert:
17
18 subsections (9), (10) and (11),
19
20 (6) After section 14(10) insert:
21
22 (11) The estate of a person who dies intestate as to all or
23 any of their property before the day on which the
24 Administration Amendment Act 2018 section 4 comes
25 into operation is to be distributed as if that section had
26 not come into operation.
27
page 5
Administration Amendment Bill 2018
s. 5
1 5. Section 14A inserted
2 After section 14 insert:
3
4 14A. Order declaring sum that is to apply for specified
5 item
6 (1) In this section --
7 original sum, for a specified item, means --
8 (a) in the case of item 2, $435 000;
9 (b) in the case of item 3(a) and (b), $650 000;
10 (c) in the case of item 3(b)(i), $52 000;
11 (d) in the case of item 6, $52 000;
12 specified item has the meaning given in
13 section 14(1A).
14 (2) The Minister may make an order declaring, for each
15 specified item, the sum that is to apply for that item.
16 (3) A sum declared by the Minister in an order must be the
17 amount in dollars determined by the following formula,
18 rounded up to the nearest $500 --
E
S=T×
1632.10
19 where --
20 S is the sum that is to apply for a specified item, before
21 rounding up to the nearest $500;
22 T is the original sum for that specified item;
23 E is the estimate of the average weekly total earnings of
24 full-time adult employees in Australia most recently
25 published by the Australian Statistician as an original
26 estimate.
page 6
Administration Amendment Bill 2018
s. 5
1 (4) An order is subsidiary legislation for the purposes of
2 the Interpretation Act 1984.
3 (5) The Interpretation Act 1984 section 42 applies to an
4 order as if the order were regulations.
5
6
[Index] [Search] [Download] [Related Items] [Help]