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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Machinery of Government (Planning and
Infrastructure) Amendment Bill 2001
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Control of Vehicles (Off-road
Areas) Act 1978
3. The Act amended 3
4. Section 3 amended 3
5. Section 4A replaced by sections 4A and 4B 3
6. Section 5 amended 5
7. Section 11 amended 5
8. Section 28 amended 5
9. Section 29 amended 6
10 . Section 34 amended 6
11 . Section 43 amended and transitional provisions 6
Part 3 -- Motor Vehicle Drivers
Instructors Act 1963
12 . The Act amended 7
13 . Section 3 amended 7
14 . Sections 4 and 4A replaced 7
Part 4 -- Motor Vehicle (Third Party
Insurance) Act 1943
15 . The Act amended 10
16 . Section 3 amended 10
17 . Sections 3QA and 3QB inserted 10
page i
76--2
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Contents
Part 5 -- Perth Parking Management
Act 1999
18 . The Act amended 13
19 . Section 4 amended 13
20 . Section 5 amended 13
21 . Section 23 amended and transitional provisions 13
Part 6 -- Rail Safety Act 1998
22 . The Act amended 14
23 . Section 3 amended 14
24 . Section 23 replaced and transitional provisions 14
25 . Section 57A inserted 15
Part 7 -- Road Traffic Act 1974
26 . The Act amended 17
27 . Section 5 amended 17
28 . Sections 6A and 6B inserted 17
Part 8 -- Taxi Act 1994
29 . The Act amended 20
30 . Section 3 amended 20
31 . Section 5 amended 21
32 . Section 41 amended and transitional provisions 21
33 . Section 42 repealed 22
34 . Section 44 repealed 22
35 . References to Taxi Industry Development Fund
amended 22
Part 9 -- Transport Co-ordination
Act 1966
36 . The Act amended 23
37 . Section 4 amended 23
38 . Part II Division 1 heading replaced 23
39 . Section 7 replaced by sections 6, 6A, and 7 24
40 . Section 7A amended 26
41 . Section 7D repealed 26
42 . Section 8 replaced 26
43 . Section 15 amended 27
44 . Section 15A repealed 27
page ii
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Contents
45 . Part II Division 2 heading replaced 27
46 . Section 15B amended 28
47 . Section 15C replaced 28
48 . Section 18 amended 29
49 . Section 18H inserted 29
50 . Section 60 amended 30
51 . Section 61 amended 30
52 . Sections 62 and 62A repealed 31
53 . Section 62B amended 31
Part 10 -- Western Australian Planning
Commission Act 1985
54 . The Act amended 32
55 . Section 5 amended 32
56 . Section 5A amended 33
57 . Section 16 amended 33
58 . Section 19 amended 33
59 . Section 19A inserted 35
60 . Section 46 amended 35
Part 11 -- Other Acts amended
61 . Fines, Penalties and Infringement Notices
Enforcement Act 1994 36
62 . Government Railways Act 1904 36
63 . Railways (Access) Act 1998 37
64 . Sentencing Act 1995 38
65 . Stamp Act 1921 38
Part 12 -- Transitional matters
66 . Transport Co-ordination Ministerial Body 39
67 . Agreements under former Transport Co-ordination
Act 1966 section 15C 39
68 . Delegations under former Transport Co-ordination
Act 1966 section 18 40
69 . Regulations about transitional matters 42
page iii
Western Australia
LEGISLATIVE COUNCIL
(Transmitted from the Legislative Assembly)
(As amended in Committee)
Machinery of Government (Planning and
Infrastructure) Amendment Bill 2001
A Bill for
An Act to amend --
• the Control of Vehicles (Off-road Areas) Act 1978;
• the Motor Vehicle Drivers Instructors Act 1963;
• the Motor Vehicle (Third Party Insurance) Act 1943;
• the Perth Parking Management Act 1999;
• the Rail Safety Act 1998;
• the Road Traffic Act 1974;
• the Taxi Act 1994;
• the Transport Co-ordination Act 1966; and
• the Western Australian Planning Commission Act 1985,
in order to facilitate administrative restructuring under the Planning
and Infrastructure portfolio, to amend certain other Acts in
consequence, and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Machinery of Government
(Planning and Infrastructure) Amendment Act 2001.
5 2. Commencement
This Act comes into operation on a day fixed by proclamation.
page 2
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Control of Vehicles (Off-road Areas) Act 1978 Part 2
s. 3
Part 2 -- Control of Vehicles (Off-road Areas) Act 1978
3. The Act amended
The amendments in this Part are to the Control of Vehicles
(Off-road Areas) Act 1978*.
5 [* Reprinted as at 5 March 1999.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 91.]
4. Section 3 amended
Section 3(1) is amended as follows:
10 (a) by deleting the definition of "Director General" and
inserting the following definition instead --
"
"Director General" means the chief executive officer
of the department of the Public Service principally
15 assisting the Minister in the administration of this
Act;
";
(b) by deleting the definition of "Minister".
5. Section 4A replaced by sections 4A and 4B
20 Section 4A is repealed and the following sections are inserted
instead --
"
4A. Delegation
(1) The Director General may delegate to a person any
25 power or duty of the Director General under another
provision of this Act.
(2) The delegation must be in writing signed by the
Director General.
page 3
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Part 2 Control of Vehicles (Off-road Areas) Act 1978
s. 5
(3) If a person is not employed in the Director General's
department, a power or duty can only be delegated to
the person under this section if the person has been
approved by the Minister for the purposes of this
5 section.
(4) An approval under subsection (3) may be given in
respect of --
(a) a specified person or persons of a specified
class; or
10 (b) the holder or holders for the time being of a
specified office or class of office.
(5) A person to whom a power or duty is delegated under
this section cannot delegate that power or duty.
(6) A person exercising or performing a power or duty that
15 has been delegated to the person under this section, is
to be taken to do so in accordance with the terms of the
delegation unless the contrary is shown.
(7) Nothing in this section limits the ability of the Director
General to perform a function through an officer or
20 agent.
4B. Agreements for performance of functions
(1) The Director General may enter into an agreement
providing for the Director General's functions under
this Act that are described in the agreement to be
25 performed on behalf of the Director General.
(2) The agreement may be with the Commissioner of
Police, a local government, or any other person or
body, whether or not the person or body has itself
functions of a public nature.
page 4
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Control of Vehicles (Off-road Areas) Act 1978 Part 2
s. 6
(3) A function described in the agreement may be
performed --
(a) in accordance with the agreement; and
(b) on and subject to terms and conditions in the
5 agreement.
(4) If the performance of a function is dependent upon the
opinion, belief, or state of mind of the Director General
it may be performed under the agreement upon the
opinion, belief, or state of mind of the body or person
10 with whom the agreement is made or another person
provided for in the agreement.
(5) For the purposes of this Act or any other written law,
an act or thing done by, to, by reference to, or in
relation to, a body or person in connection with the
15 performance by that body or person under the
agreement of a function of the Director General is as
effectual as if it had been done by, to, by reference to,
or in relation to, the Director General.
".
20 6. Section 5 amended
Section 5(2) is repealed.
7. Section 11 amended
Section 11(3) is amended by deleting "to the Director General".
8. Section 28 amended
25 Section 28(1) is repealed and the following subsection is
inserted instead --
"
(1) The scheme of registration of vehicles under this Act is
to be administered by the Director General, who is to
30 maintain a separate financial record in relation to that
scheme.
".
page 5
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Part 2 Control of Vehicles (Off-road Areas) Act 1978
s. 9
9. Section 29 amended
Section 29(12) is repealed.
10. Section 34 amended
Section 34(2) is amended by deleting "the Director General"
5 and inserting instead --
"
either the Director General under this Act or the
Director General under that Act
".
10 11. Section 43 amended and transitional provisions
(1) Section 43(3) is amended by deleting "maintained at the
Treasury, forming part of the Trust Fund constituted under
section 9 of the Financial Administration and Audit Act 1985,"
and inserting instead --
15 "
established as a trust account under the Financial
Administration and Audit Act 1985 section 15B
".
(2) The balance of the Off-Road Vehicles Account as it was before
20 this section came into operation is to be the opening balance of
the account of that name established under the Control of
Vehicles (Off-road Areas) Act 1978 section 43(3) as amended
by subsection (1).
(3) The amount of that opening balance is to be reflected by a
25 closing entry in the Off-Road Vehicles Account that was, before
this section came into operation, required to be maintained as a
part of the Trust Fund constituted under the Financial
Administration and Audit Act 1985 section 9.
page 6
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Motor Vehicle Drivers Instructors Act 1963 Part 3
s. 12
Part 3 -- Motor Vehicle Drivers Instructors Act 1963
12. The Act amended
The amendments in this Part are to the Motor Vehicle Drivers
Instructors Act 1963*.
5 [* Reprinted as at 12 July 1977.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 299, and Act No. 39 of 2000.]
13. Section 3 amended
Section 3 is amended by deleting the definition of "Director
10 General" and inserting the following definition instead --
"
"Director General" means the chief executive officer
of the department of the Public Service principally
assisting the Minister in the administration of this
15 Act;
".
14. Sections 4 and 4A replaced
Sections 4 and 4A are repealed and the following sections are
inserted instead --
20 "
4. Delegation
(1) The Director General may delegate to a person any
power or duty of the Director General under another
provision of this Act.
25 (2) The delegation must be in writing signed by the
Director General.
(3) If a person is not employed in the Director General's
department, a power or duty can only be delegated to
the person under this section if the person has been
30 approved by the Minister for the purposes of this
section.
page 7
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Part 3 Motor Vehicle Drivers Instructors Act 1963
s. 14
(4) An approval under subsection (3) may be given in
respect of --
(a) a specified person or persons of a specified
class; or
5 (b) the holder or holders for the time being of a
specified office or class of office.
(5) A person to whom a power or duty is delegated under
this section cannot delegate that power or duty.
(6) A person exercising or performing a power or duty that
10 has been delegated to the person under this section, is
to be taken to do so in accordance with the terms of the
delegation unless the contrary is shown.
(7) Nothing in this section limits the ability of the Director
General to perform a function through an officer or
15 agent.
4A. Agreements for performance of functions
(1) The Director General may enter into an agreement
providing for the Director General's functions under
this Act that are described in the agreement to be
20 performed on behalf of the Director General.
(2) The agreement may be with the Commissioner of
Police, a local government, or any other person or
body, whether or not the person or body has itself
functions of a public nature.
25 (3) A function described in the agreement may be
performed --
(a) in accordance with the agreement; and
(b) on and subject to terms and conditions in the
agreement.
page 8
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Motor Vehicle Drivers Instructors Act 1963 Part 3
s. 14
(4) If the performance of a function is dependent upon the
opinion, belief, or state of mind of the Director General
it may be performed under the agreement upon the
opinion, belief, or state of mind of the body or person
5 with whom the agreement is made or another person
provided for in the agreement.
(5) For the purposes of this Act or any other written law,
an act or thing done by, to, by reference to, or in
relation to, a body or person in connection with the
10 performance by that body or person under the
agreement of a function of the Director General is as
effectual as if it had been done by, to, by reference to,
or in relation to, the Director General.
".
page 9
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Part 4 Motor Vehicle (Third Party Insurance) Act 1943
s. 15
Part 4 -- Motor Vehicle (Third Party Insurance)
Act 1943
15. The Act amended
The amendments in this Part are to the Motor Vehicle (Third
5 Party Insurance) Act 1943*.
[* Reprinted as at 20 November 1998.]
16. Section 3 amended
Section 3(1) is amended as follows:
(a) by deleting the definition of "Director General" and
10 inserting the following definition instead --
"
"Director General" means the chief executive officer
of the department of the Public Service principally
assisting in the administration of the provisions of
15 the Road Traffic Act 1974 that section 5 of that Act
defines as the "licensing provisions of this Act";
";
(b) in the definition of "Minister", by deleting "for Works
or such other member of the Executive Council as is".
20 17. Sections 3QA and 3QB inserted
After section 3Q, the following sections are inserted --
"
3QA. Agreements for performance of functions
(1) The Director General may enter into an agreement
25 providing for the Director General's functions under
this Act that are described in the agreement to be
performed on behalf of the Director General.
(2) The agreement may be with the Commissioner of
Police, a local government, or any other person or
page 10
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Motor Vehicle (Third Party Insurance) Act 1943 Part 4
s. 17
body, whether or not the person or body has itself
functions of a public nature.
(3) A function described in the agreement may be
performed --
5 (a) in accordance with the agreement; and
(b) on and subject to terms and conditions in the
agreement.
(4) If the performance of a function is dependent upon the
opinion, belief, or state of mind of the Director General
10 it may be performed under the agreement upon the
opinion, belief, or state of mind of the body or person
with whom the agreement is made or another person
provided for in the agreement.
(5) For the purposes of this Act or any other written law,
15 an act or thing done by, to, by reference to, or in
relation to, a body or person in connection with the
performance by that body or person under the
agreement of a function of the Director General is as
effectual as if it had been done by, to, by reference to,
20 or in relation to, the Director General.
3QB. Delegation
(1) The Director General may delegate to a person any
power or duty of the Director General under another
provision of this Act.
25 (2) The delegation must be in writing signed by the
Director General.
(3) If a person is not employed in the Director General's
department, a power or duty can only be delegated to
the person under this section if the person has been
30 approved by the Minister for the purposes of this
section.
page 11
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Part 4 Motor Vehicle (Third Party Insurance) Act 1943
s. 17
(4) An approval under subsection (3) may be given in
respect of --
(a) a specified person or persons of a specified
class; or
5 (b) the holder or holders for the time being of a
specified office or class of office.
(5) A person to whom a power or duty is delegated under
this section cannot delegate that power or duty.
(6) A person exercising or performing a power or duty that
10 has been delegated to the person under this section, is
to be taken to do so in accordance with the terms of the
delegation unless the contrary is shown.
(7) Nothing in this section limits the ability of the Director
General to perform a function through an officer or
15 agent.
".
page 12
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Perth Parking Management Act 1999 Part 5
s. 18
Part 5 -- Perth Parking Management Act 1999
18. The Act amended
The amendments in this Part are to the Perth Parking
Management Act 1999*.
5 [* Act No. 14 of 1999.]
19. Section 4 amended
Section 4 is amended by deleting the definition of "Minister".
20. Section 5 amended
Section 5 is amended by deleting "to whom the administration
10 of the Transport Co-ordination Act 1966 is for the time being
committed by the Governor".
21. Section 23 amended and transitional provisions
(1) Section 23(1) is amended by deleting "as part of the Transport
Co-ordination Fund established under section 62 of the
15 Transport Co-ordination Act 1966," and inserting instead --
"
as a trust account under the Financial Administration
and Audit Act 1985 section 15B,
".
20 (2) The balance of the Perth Parking Licensing Account as it was
before this section came into operation is to be the opening
balance of the account of that name established under the Perth
Parking Management Act 1999 section 23(1) as amended by
subsection (1).
25 (3) The amount of that opening balance is to be reflected by a
closing entry in the Perth Parking Licensing Account that was,
before this section came into operation, required to be
maintained as a part of the Transport Co-ordination Fund
established under section 62 of the Transport Co-ordination
30 Act 1966.
page 13
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Part 6 Rail Safety Act 1998
s. 22
Part 6 -- Rail Safety Act 1998
22. The Act amended
The amendments in this Part are to the Rail Safety Act 1998*.
[* Act No. 32 of 1998.
5 For subsequent amendments see Act No. 10 of 2001.]
23. Section 3 amended
Section 3(1) is amended as follows:
(a) by deleting the definition of "Director General" and
inserting the following definition instead --
10 "
"Director General" means the chief executive officer
of the department of the Public Service principally
assisting the Minister in the administration of this
Act;
15 ";
(b) by deleting the definition of "Minister".
24. Section 23 replaced and transitional provisions
(1) Section 23 is repealed and the following section is inserted
instead --
20 "
23. Rail Safety Accreditation Account
(1) An account called the "Rail Safety Accreditation
Account" is to be established as a trust account under
the Financial Administration and Audit Act 1985
25 section 15B.
(2) The account is to be credited with --
(a) all fees and charges collected under this Act;
and
page 14
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Rail Safety Act 1998 Part 6
s. 25
(b) any amount appropriated by Parliament to, or
otherwise lawfully received for, the account.
(3) The account is to be charged with the costs of
administering this Act.
5 ".
(2) The Minister may, with the approval of the Treasurer, fix an
amount that is to be the opening balance of the Rail Safety
Accreditation Account established under the Rail Safety
Act 1998 section 23(1) as inserted by subsection (1).
10 (3) The amount of that opening balance is to be reflected by a
closing entry in the Transport Co-ordination Fund that was,
before section 52 came into operation, required to be maintained
as a part of the Trust Fund constituted under the Financial
Administration and Audit Act 1985 section 9.
15 25. Section 57A inserted
In Part 6 Division 2, before section 58, the following section is
inserted --
"
57A. Delegation
20 (1) The Director General may delegate to a person any
power or duty of the Director General under another
provision of this Act.
(2) The delegation must be in writing signed by the
Director General.
25 (3) If a person is not employed in the Director General's
department, a power or duty can only be delegated to
the person under this section if the person has been
approved by the Minister for the purposes of this
section.
page 15
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Part 6 Rail Safety Act 1998
s. 25
(4) An approval under subsection (3) may be given in
respect of --
(a) a specified person or persons of a specified
class; or
5 (b) the holder or holders for the time being of a
specified office or class of office.
(5) A person to whom a power or duty is delegated under
this section cannot delegate that power or duty.
(6) A person exercising or performing a power or duty that
10 has been delegated to the person under this section, is
to be taken to do so in accordance with the terms of the
delegation unless the contrary is shown.
(7) Nothing in this section limits the ability of the Director
General to perform a function through an officer or agent.
15 ".
page 16
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Road Traffic Act 1974 Part 7
s. 26
Part 7 -- Road Traffic Act 1974
26. The Act amended
The amendments in this Part are to the Road Traffic Act 1974*.
[* Reprinted as at 19 October 2001.]
5 27. Section 5 amended
Section 5(1) is amended as follows:
(a) by deleting the definition of "Director General" and
inserting the following definition instead --
"
10 "Director General" means the chief executive officer
of the department of the Public Service principally
assisting in the administration of the licensing
provisions of this Act;
";
15 (b) by deleting the definition of "Minister".
28. Sections 6A and 6B inserted
After section 6, the following sections are inserted --
"
6A. Delegation
20 (1) The Director General may delegate to a person any
power or duty of the Director General under another
provision of this Act.
(2) The delegation must be in writing signed by the
Director General.
25 (3) If a person is not employed in the Director General's
department, a power or duty can only be delegated to
the person under this section if the person has been
approved by the Minister for the purposes of this
section.
page 17
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Part 7 Road Traffic Act 1974
s. 28
(4) An approval under subsection (3) may be given in
respect of --
(a) a specified person or persons of a specified
class; or
5 (b) the holder or holders for the time being of a
specified office or class of office.
(5) A person to whom a power or duty is delegated under
this section cannot delegate that power or duty.
(6) A person exercising or performing a power or duty that
10 has been delegated to the person under this section, is
to be taken to do so in accordance with the terms of the
delegation unless the contrary is shown.
(7) Nothing in this section limits the ability of the Director
General to perform a function through an officer or
15 agent.
6B. Agreements for performance of functions
(1) The Director General may enter into an agreement
providing for the Director General's functions under
this Act that are described in the agreement to be
20 performed on behalf of the Director General.
(2) The agreement may be with the Commissioner of
Police, a local government, or any other person or
body, whether or not the person or body has itself
functions of a public nature.
25 (3) A function described in the agreement may be
performed --
(a) in accordance with the agreement; and
(b) on and subject to terms and conditions in the
agreement.
page 18
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Road Traffic Act 1974 Part 7
s. 28
(4) If the performance of a function is dependent upon the
opinion, belief, or state of mind of the Director General
it may be performed under the agreement upon the
opinion, belief, or state of mind of the body or person
5 with whom the agreement is made or another person
provided for in the agreement.
(5) For the purposes of this Act or any other written law,
an act or thing done by, to, by reference to, or in
relation to, a body or person in connection with the
10 performance by that body or person under the
agreement of a function of the Director General is as
effectual as if it had been done by, to, by reference to,
or in relation to, the Director General.
".
page 19
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Part 8 Taxi Act 1994
s. 29
Part 8 -- Taxi Act 1994
29. The Act amended
The amendments in this Part are to the Taxi Act 1994*.
[* Act No. 83 of 1994.
5 For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 446.]
30. Section 3 amended
Section 3(1) is amended as follows:
(a) in the definition of "department", by deleting "the
10 Transport Co-ordination Act 1966" and inserting
instead --
" this Act ";
(b) by deleting the definition of "Director General" and
inserting the following definition instead --
15 "
"Director General" means the chief executive officer
of the department;
";
(c) by deleting the definition of "Minister";
20 (d) by deleting the definition of "Taxi Industry
Development Fund" and inserting the following
definition instead --
"
"Taxi Industry Development Account" means the
25 account established as required by section 41(1);
".
page 20
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Taxi Act 1994 Part 8
s. 31
31. Section 5 amended
Section 5(2) is amended by deleting "accountable officer of the
department" and inserting instead --
" Director General ".
5 32. Section 41 amended and transitional provisions
(1) Section 41(1) is repealed and the following subsection is
inserted instead --
"
(1) An account called the "Taxi Industry Development
10 Account" is to be established as a trust account under
the Financial Administration and Audit Act 1985
section 15B.
".
(2) Section 41(2)(a), (b), and (e) are deleted.
15 (3) Section 41(2)(d) is amended by deleting "Fund" and inserting
instead --
" account ".
(4) Section 41(2)(f) is amended by deleting "Fund" in both places
where it occurs and inserting instead --
20 " account ".
(5) Section 41(3) is repealed.
(6) Section 41(5)(e) is amended by inserting before "section 44" --
" the former ".
(7) The balance of the Taxi Industry Development Fund as it was
25 before this section came into operation is to be the opening
balance of the Taxi Industry Development Account established
under the Taxi Act 1994 section 41(1) as inserted by
subsection (1).
page 21
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Part 8 Taxi Act 1994
s. 33
(8) The amount of that opening balance is to be reflected by a
closing entry in the Taxi Industry Development Fund that was,
before this section came into operation, required to be
maintained as a part of the Trust Fund referred to in the
5 Financial Administration and Audit Act 1985 section 9.
33. Section 42 repealed
Section 42 is repealed.
34. Section 44 repealed
Section 44 is repealed.
10 35. References to Taxi Industry Development Fund amended
The Act is amended by deleting "Taxi Industry Development
Fund" in each place where it occurs that is specified in the
Table to this section and inserting instead --
" Taxi Industry Development Account ".
15 Table
section 13
section 14(c)
section 41(2), (4), and (5)
section 43(2)
page 22
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Transport Co-ordination Act 1966 Part 9
s. 36
Part 9 -- Transport Co-ordination Act 1966
36. The Act amended
The amendments in this Part are to the Transport Co-ordination
Act 1966*.
5 [* Reprinted as at 11 May 2001.]
37. Section 4 amended
Section 4(1) is amended as follows:
(a) by inserting in the appropriate alphabetical position the
following definition --
10 "
"Ministerial Body" means the Transport Co-
ordination Ministerial Body established by section
6;
";
15 (b) by deleting the definition of "Director General" and
inserting the following definition instead --
"
"Director General" means the chief executive officer
of the Department;
20 ".
38. Part II Division 1 heading replaced
The heading to Part II Division 1 is deleted and the following
heading is inserted instead --
" Division 1 -- General administration ".
page 23
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Part 9 Transport Co-ordination Act 1966
s. 39
39. Section 7 replaced by sections 6, 6A, and 7
Section 7 is repealed and the following sections are inserted
instead --
"
5 6. Transport Co-ordination Ministerial Body
(1) The Transport Co-ordination Ministerial Body is
established.
(2) The Ministerial Body is a body corporate with
perpetual succession.
10 (3) Proceedings may be taken by or against the Ministerial
Body in its corporate name.
(4) The Ministerial Body is to be governed by the
Minister.
(5) The Ministerial Body is an agent of the State and has
15 the status, immunities, and privileges of the State.
6A. Purpose and nature of Ministerial Body
(1) The Ministerial Body is established to provide a body
corporate through which the Minister can perform any
of the Minister's functions under this Act that can more
20 conveniently be performed by a body corporate than an
individual.
(2) Despite the employment under the Public Sector
Management Act 1994 of ministerial officers for the
purpose of assisting the Minister to perform functions
25 that the Minister performs through the Ministerial
Body, the Ministerial Body and those officers are not
an organisation for the purposes of that Act.
7. Execution of documents by Ministerial Body
(1) The Ministerial Body is to have a common seal.
page 24
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Transport Co-ordination Act 1966 Part 9
s. 39
(2) A document is duly executed by the Ministerial Body
if --
(a) the common seal of the Ministerial Body is
affixed to it in accordance with subsections (3)
5 and (4);
(b) it is signed on behalf of the Ministerial Body by
the Minister; or
(c) it is signed on behalf of the Ministerial Body,
as authorised under subsection (5), by the
10 Director General or another person.
(3) The common seal of the Ministerial Body is not to be
affixed to a document except as authorised by the
Ministerial Body.
(4) The common seal of the Ministerial Body is to be
15 affixed to a document in the presence of the Minister,
and the Minister is to sign the document to attest that
the common seal was so affixed.
(5) The Ministerial Body may, by writing under its seal,
authorise the Director General or another person to
20 sign documents on behalf of the Ministerial Body,
either generally or subject to any conditions or
restrictions specified in the authorisation.
(6) A document purporting to be executed in accordance
with this section is to be presumed to be duly executed
25 until the contrary is shown.
(7) A document executed by the Director General or
another person under this section without the common
seal of the Ministerial Body is not to be regarded as a
deed unless it is executed as a deed as authorised under
30 subsection (5).
(8) When a document is produced bearing a seal
purporting to be the common seal of the Ministerial
page 25
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Part 9 Transport Co-ordination Act 1966
s. 40
Body, it is to be presumed that the seal is the common
seal of the Ministerial Body until the contrary is
shown.
(9) For the purposes of this Act, a facsimile of --
5 (a) the Ministerial Body's seal; or
(b) the signature of the Minister or a person
authorised under subsection (5) to execute
deeds or other documents,
may be used, and a deed or other document purporting
10 to be endorsed with such a facsimile is, until the
contrary is shown, to be regarded as bearing the
facsimile under this subsection.
".
40. Section 7A amended
15 Section 7A(2) is amended by deleting "by the Minister himself
or".
41. Section 7D repealed
Section 7D is repealed.
42. Section 8 replaced
20 Section 8 is repealed and the following section is inserted
instead --
"
8. Use of other resources
(1) The Director General may, for the purposes of assisting
25 in carrying out the provisions of this Act --
(a) with the consent of a public authority, use the
services of a person employed by the public
authority; or
page 26
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Transport Co-ordination Act 1966 Part 9
s. 43
(b) with the consent of the officer's employing
authority, use the services of an officer of the
Public Service.
(2) In subsection (1) --
5 "employing authority" has the same meaning as it has
in the Public Sector Management Act 1994;
"public authority" means any State instrumentality or
agency or any public statutory body, whether
incorporated or not, established by or under a law
10 of the State.
(3) This section does not prevent the operation of
section 66 or 100, or any other provision, of the Public
Sector Management Act 1994.
".
15 43. Section 15 amended
After section 15(1), the following subsection is inserted --
"
(1a) Without limiting the things that may be delegated
under subsection (1), they include things that are to be
20 done in the course of governing the affairs of the
Ministerial Body under section 6(4).
".
44. Section 15A repealed
Section 15A is repealed.
25 45. Part II Division 2 heading replaced
The heading to Part II Division 2 is deleted and the following
heading is inserted instead --
" Division 2 -- Particular functions ".
page 27
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Part 9 Transport Co-ordination Act 1966
s. 46
46. Section 15B amended
Section 15B(2) is amended as follows:
(a) by deleting paragraph (h) and inserting the following
paragraph instead --
5 "
(h) assist the Minister in carrying out the Minister's
functions under this Act;
";
(b) by deleting paragraph (j) and inserting the following
10 paragraph instead --
"
(j) advise the Minister on the administration of the
Eastern Goldfields Transport Board Act 1984;
".
15 47. Section 15C replaced
Section 15C is repealed and the following section is inserted
instead --
"
15C. Minister may provide facilities
20 (1) The Minister may provide facilities that the Minister
considers to be necessary for the purpose of facilitating
the movement of vehicles, under this Act or any other
Act, in any part of the State.
(2) The Minister may impose terms and conditions,
25 including the payment of charges, for the use of any
facilities provided under subsection (1).
(3) The Minister may dispose of facilities that the Minister
considers to be no longer necessary for the purpose
referred to in subsection (1).
page 28
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Transport Co-ordination Act 1966 Part 9
s. 48
(4) In this section --
"facilities" includes vehicles;
"manage", in relation to facilities, includes --
(a) grant a lease of and let on hire; and
5 (b) enter into an agreement or arrangement for
the management of facilities by some other
person;
"provide" includes acquire, establish, maintain,
manage and alter.
10 ".
48. Section 18 amended
Section 18(1) is amended by deleting ", or any other,".
49. Section 18H inserted
in Part II Division 4, after section 18G, the following section is
15 inserted --
"
18H. Power to borrow
(1) The Minister may borrow money upon the guarantee of
the Treasurer of the State for the purposes of --
20 (a) providing premises and other facilities under
this Division;
(b) carrying out the Minister's functions under this
Division; or
(c) enabling the Director General's functions under
25 this Division to be performed.
(2) The Minister may borrow money with the prior
approval in writing of the Treasurer and upon terms
and conditions that the Treasurer approves, but not
otherwise.
page 29
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Part 9 Transport Co-ordination Act 1966
s. 50
(3) This section authorises the Treasurer, for and on behalf
of the Crown in right of the State, to give any approval
or guarantee that this section requires and the guarantee
may include the guarantee of interest.
5 (4) Any money borrowed by the Minister under this
section may be raised as one loan or as several loans
and in any manner that the Treasurer may approve, but
the amount of money borrowed in any one year cannot
exceed, in the aggregate, an amount that the Treasurer
10 approves.
(5) Before a guarantee is given by the Treasurer under this
section, the Minister must give to the Treasurer any
security that the Treasurer requires and execute any
instruments necessary for giving that security.
15 (6) Money borrowed under this section can only be used
for a purpose referred to in subsection (1).
(7) The due payment of money payable by the Treasurer
under a guarantee under this section is to be charged to
and paid out of the Consolidated Fund, and this
20 subsection appropriates that fund accordingly.
".
50. Section 60 amended
Section 60(2)(a) is amended by deleting "Minister's" and
inserting instead --
25 " Ministerial Body's ".
51. Section 61 amended
Section 61 is amended as follows:
(a) by inserting after "by the Minister," --
" by the Ministerial Body, ";
page 30
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Transport Co-ordination Act 1966 Part 9
s. 52
(b) by deleting "the Minister," before "in good faith" and
inserting instead --
" any of them, ";
(c) by inserting after "the Crown, the Minister," --
5 " the Ministerial Body, ";
(d) by inserting after "the Minister or" --
" the Ministerial Body or ".
52. Sections 62 and 62A repealed
Sections 62 and 62A are repealed.
10 53. Section 62B amended
Section 62B(2)(b) is deleted.
page 31
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Part 10 Western Australian Planning Commission Act 1985
s. 54
Part 10 -- Western Australian Planning Commission
Act 1985
54. The Act amended
The amendments in this Part are to the Western Australian
5 Planning Commission Act 1985*.
[* Reprinted as at 16 March 2001.]
55. Section 5 amended
(1) Section 5(1)(b) is amended as follows:
(a) at the beginning of the paragraph, by deleting "5 other
10 members" and inserting instead --
" 4 other members ";
(b) by deleting subparagraph (iii).
(2) Section 5(1)(c) is amended as follows:
(a) at the beginning of the paragraph, by deleting "6 other
15 members, being -- " and inserting instead --
"
the least number of other members who
include --
";
20 (b) by deleting subparagraphs (iii), (iv), and (v) and
inserting the following subparagraphs instead --
"
(iv) the person holding or acting in the
office of the chief executive officer of
25 the department principally assisting in
the administration of the Transport
Co-ordination Act 1966;
(v) the person holding or acting in the
office of the chief executive officer of
page 32
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Western Australian Planning Commission Act 1985 Part 10
s. 56
the department principally assisting in
the administration of the Environmental
Protection Act 1986;
(va) a person, whether a member under
5 another subparagraph or another person
nominated by the Minister, who has
experience in the field of urban and
regional planning and is employed in an
agency, as defined in the Public Sector
10 Management Act 1994, for which the
Minister is responsible;
".
56. Section 5A amended
Section 5A(1)(b) is deleted.
15 57. Section 16 amended
Section 16(1) is amended by deleting "6 members" and
inserting instead --
"
a number of members equal to at least one half of the
20 number of members provided for by section 5
".
58. Section 19 amended
(1) Section 19(1d)(a) is amended by deleting "is so appointed" and
inserting instead --
25 " approved ".
page 33
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Part 10 Western Australian Planning Commission Act 1985
s. 58
(2) Section 19(1e)(a) is amended as follows:
(a) by deleting subparagraph (iv) and inserting the
following subparagraph instead --
"
5 (iv) the member of the Commission referred
to in section 5(1)(c)(iv), or a person
nominated by that member and
approved by the Minister;
";
10 (b) by deleting subparagraphs (vi) and (vii).
(3) Section 19(1g)(a) is amended as follows:
(a) by deleting subparagraph (ii) and inserting the following
subparagraph instead --
"
15 (ii) each member of the Commission
referred to in section 5(1)(c)(i) or (iv),
or a person nominated by that member
and approved by the Minister;
";
20 (b) by deleting subparagraph (iii) and inserting the
following subparagraph instead --
"
(iii) the Coordinator of Energy referred to in
section 4 of the Energy Coordination
25 Act 1994 or a person nominated by him
or her and approved by the Minister;
".
page 34
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Western Australian Planning Commission Act 1985 Part 10
s. 59
59. Section 19A inserted
After section 19, the following section is inserted --
"
19A. Delegation of ministerial approval
5 (1) The Minister may delegate to a person or body any
function the Minister has of giving or declining to give
approval under section 19.
(2) The delegation must be in writing signed by the Minister.
".
10 60. Section 46 amended
Section 46 is amended by deleting "$500 000" and inserting
instead --
" $1 000 000 ".
page 35
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Part 11 Other Acts amended
s. 61
Part 11 -- Other Acts amended
61. Fines, Penalties and Infringement Notices Enforcement
Act 1994
Section 3(1) of the Fines, Penalties and Infringement Notices
5 Enforcement Act 1994* is amended by deleting the definition of
"Director General" and inserting the following definition
instead --
"
"Director General" means the chief executive officer
10 of the department of the Public Service principally
assisting in the administration of the provisions of
the Road Traffic Act 1974 that section 5 of that Act
defines as the "licensing provisions of this Act";
".
15 [* Reprinted as at 2 November 2001.
62. Government Railways Act 1904
(1) The amendments in this section are to the Government Railways
Act 1904*.
[* Reprinted as at 7 September 2001.]
20 (2) Section 2 is amended by deleting the definition of "Director
General".
(3) Section 28A(6) is amended as follows:
(a) by deleting "to the Director General of Transport";
(b) by inserting before the full stop at the end of the
25 subsection --
"
to the chief executive officer of the department of the
Public Service principally assisting in the
administration of the Transport Co-ordination
30 Act 1966
".
page 36
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Other Acts amended Part 11
s. 63
(4) Section 28A(7) is amended by deleting "Where the Director
General of Transport receives particulars of a service pursuant
to subsection (6) the Director General of Transport" and
inserting instead --
5 "
The chief executive officer who receives particulars of
a service under subsection (6)
".
63. Railways (Access) Act 1998
10 (1) The amendments in this section are to the Railways (Access)
Act 1998*.
[* Reprinted as at 12 October 2001.]
(2) Section 14(5) is amended by deleting "Director General of
Transport" and inserting instead --
15 "
chief executive officer of the department of the Public
Service principally assisting in the administration of
the Transport Co-ordination Act 1966
".
20 (3) Section 14(11) is amended as follows:
(a) by deleting the semicolon at the end of the definition of
"Commissioner" and inserting a full stop instead;
(b) by deleting the definition of "Director General of
Transport".
page 37
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Part 11 Other Acts amended
s. 64
64. Sentencing Act 1995
The Sentencing Act 1995* section 105(3) is amended by
deleting "Director General of Transport (referred to in section 8
of the Transport Co-ordination Act 1966) for the purposes of
5 administering the licensing provisions of the Road Traffic
Act 1974." and inserting instead --
"
chief executive officer of the department of the Public
Service principally assisting in the administration of
10 the provisions of the Road Traffic Act 1974 that
section 5 of that Act defines as the "licensing
provisions of this Act" for the purposes of
administering those provisions.
".
15 [* Reprinted as at 4 May 2001.
For subsequent amendments see Acts Nos. 57 of 1999 and 23
and 24 of 2001.]
65. Stamp Act 1921
The Stamp Act 1921* section 76B is amended by deleting the
20 definition of "Director General" and inserting the following
definition instead --
"
"Director General" means the chief executive officer
of the department of the Public Service principally
25 assisting in the administration of the provisions of
the Road Traffic Act 1974 that section 5 of that Act
defines as the "licensing provisions of this Act";
".
[* Reprinted as at 3 August 2001.]
page 38
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Transitional matters Part 12
s. 66
Part 12 -- Transitional matters
66. Transport Co-ordination Ministerial Body
(1) In relation to the functions that the former body corporate had
for the purposes of the Transport Co-ordination Act 1966 before
5 section 39 of this Act came into operation, the Transport
Co-ordination Ministerial Body established by section 6 of that
Act as inserted by section 39 of this Act is a continuation of,
and the same legal person as, the former body corporate.
(2) In this section --
10 "former body corporate" means the body corporate that was,
before section 39 of this Act came into operation,
constituted by the Minister under the Transport
Co-ordination Act 1966 section 7.
67. Agreements under former Transport Co-ordination Act 1966
15 section 15C
(1) To the extent that, immediately before the commencement of
this Act, an agreement under the former section 15C made
provision about the performance of functions of the former
Director General under a relevant Act, the agreement continues,
20 when this Act comes into operation, as an agreement under the
new provision of the relevant Act.
(2) To the extent that the agreement continues under subsection (1),
it applies as if --
(a) instead of being made by the Minister referred to in the
25 former section 15C, the agreement had been made by
the Director General referred to in the new provision of
the relevant Act; and
(b) instead of providing for the performance of functions of
the former Director General, the agreement made similar
30 provision for the performance of the corresponding
page 39
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Part 12 Transitional matters
s. 68
functions of the Director General referred to in the new
provision of the relevant Act.
(3) In this section --
"former Director General" means the Director General of
5 Transport under the Transport Co-ordination Act 1966
section 8 as in force before it was repealed by this Act;
"former section 15C" means the Transport Co-ordination
Act 1966 section 15C as in force before it was repealed by
this Act;
10 "new provision" means --
(a) the Control of Vehicles (Off-road Areas) Act 1978
section 4B;
(b) the Motor Vehicle Drivers Instructors Act 1963
section 4A;
15 (c) the Motor Vehicle (Third Party Insurance) Act 1943
section 3QA; or
(d) the Road Traffic Act 1974 section 6B;
"relevant Act" means --
(a) the Control of Vehicles (Off-road Areas) Act 1978;
20 (b) the Motor Vehicle Drivers Instructors Act 1963;
(c) the Motor Vehicle (Third Party Insurance) Act 1943;
or
(d) the Road Traffic Act 1974.
68. Delegations under former Transport Co-ordination Act 1966
25 section 18
(1) To the extent that, immediately before the commencement of
this Act, a delegation under the former section 18 applied to the
performance of functions or powers of the former Director
General under a relevant Act, the delegation continues, when
30 this Act comes into operation, as a delegation under the new
provision of the relevant Act.
page 40
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Transitional matters Part 12
s. 68
(2) To the extent that the delegation continues under subsection (1),
it applies as if --
(a) instead of being made by the former Director General,
the delegation had been made by the Director General
5 referred to in the new provision of the relevant Act;
(b) instead of delegating the performance of functions of the
former Director General, the performance of the
corresponding functions of the Director General referred
to in the new provision of the relevant Act were
10 delegated; and
(c) any Ministerial approval that would have been required
in order for the delegation to be made under the new
provision of the relevant Act had been given.
(3) In this section --
15 "former Director General" means the Director General of
Transport under the Transport Co-ordination Act 1966
section 8 as in force before it was repealed by this Act;
"former section 18" means the Transport Co-ordination
Act 1966 section 18 as in force before it was amended by
20 this Act;
"new provision" means --
(a) the Control of Vehicles (Off-road Areas) Act 1978
section 4A;
(b) the Motor Vehicle Drivers Instructors Act 1963
25 section 4;
(c) the Motor Vehicle (Third Party Insurance) Act 1943
section 3QB;
(d) the Rail Safety Act 1998 section 57A;
(e) the Road Traffic Act 1974 section 6A; or
30 (f) the Transport Co-ordination Act 1966 section 18;
"relevant Act" means --
(a) the Control of Vehicles (Off-road Areas) Act 1978;
page 41
Machinery of Government (Planning and Infrastructure) Amendment
Bill 2001
Part 12 Transitional matters
s. 69
(b) the Motor Vehicle Drivers Instructors Act 1963;
(c) the Motor Vehicle (Third Party Insurance) Act 1943;
(d) the Rail Safety Act 1998;
(e) the Road Traffic Act 1974; or
5 (f) the Transport Co-ordination Act 1966.
69. Regulations about transitional matters
(1) If there is no sufficient provision in this Act for dealing with a
transitional matter, regulations under an Act amended by this
Act may include any provision that is required, or is necessary
10 or convenient, for dealing with the transitional matter.
(2) In subsection (1) --
"transitional matter" means a matter that needs to be dealt
with for the purpose of effecting the transition from the
provisions of the Acts amended by this Act as in force
15 before this Act comes into operation to the provisions of
those Acts as in force after this Act comes into operation.
(3) Regulations including a provision described in subsection (1)
may be expressed to have effect before the day on which they
are published in the Gazette.
20 (4) To the extent that a regulation including a provision described
in subsection (1) may have effect before the day of its
publication in the Gazette, it does not --
(a) affect in a manner prejudicial to any person (other than
the State or an agency of the State), the rights of that
25 person existing before the day of its publication; or
(b) impose liabilities on any person (other than the State or
an agency of the State) in respect of anything done or
omitted to be done before the day of its publication.
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