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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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