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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Mutual Recognition (Western Australia)
Amendment Bill 2021
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Mutual Recognition
(Western Australia) Act 2020
amended
3. Act amended 3
4. Long title replaced 3
5. Section 4 amended 3
6. Section 6 replaced 4
6. Disclosure to registration authorities in
participating jurisdictions 4
7. Protection from liability for giving
information 6
7A. Tabling documents relating to scheme
reviews 6
8. Termination of adoptions 7
9. Revoking termination proclamations 8
Part 3 -- Consequential amendments
to other Acts
Division 1 -- Architects Act 2004 amended
7. Act amended 9
8. Section 4 amended 9
9. Section 29 amended 9
58--2 page i
Mutual Recognition (Western Australia) Amendment Bill 2021
Contents
10. Section 30 replaced 9
30. Conditions on registration or renewal of
registration 9
30A. Architects must be covered by architect
insurance 10
11. Section 36 amended 10
12. Section 52 amended 10
13. Section 56 amended 10
Division 2 -- Betting Control Act 1954 amended
14. Act amended 11
15. Section 11E amended 11
Division 3 -- Debt Collectors Licensing Act 1964
amended
16. Act amended 11
17. Section 9 amended 11
18. Section 10 amended 12
19. Section 20 amended 14
Division 4 -- Electricity Act 1945 amended
20. Act amended 15
21. Section 32 amended 15
Division 5 -- Employment Agents Act 1976
amended
22. Act amended 15
23. Section 25 amended 15
Division 6 -- Food Act 2008 amended
24. Act amended 16
25. Section 96A inserted 16
96A. Food safety auditor must be insured 16
26. Section 97 amended 17
27. Part 14 Division 1 heading inserted 18
Division 1 -- Transitional provisions for Food
Act 2008
28. Part 14 Division 2 inserted 18
Division 2 -- Transitional provisions for Mutual
Recognition (Western Australia) Amendment
Act 2021
155. Providing insurance information 18
page ii
Mutual Recognition (Western Australia) Amendment Bill 2021
Contents
Division 7 -- Gas Standards Act 1972 amended
29. Act amended 19
30. Section 13A amended 19
31. Section 13AA inserted 19
13AA. Disciplinary action against former
registered persons 19
Division 8 -- Land Valuers Licensing Act 1978
amended
32. Act amended 21
33. Section 27 amended 21
34. Section 28 amended 21
Division 9 -- Motor Vehicle Dealers Act 1973
amended
35. Act amended 23
36. Section 15 amended 23
37. Section 20 amended 23
38. Section 20B amended 24
Division 10 -- Motor Vehicle Repairers Act 2003
amended
39. Act amended 24
40. Part 2 Division 3 heading amended 24
41. Section 29 replaced 25
29. Regulations may require licensees to be
insured 25
42. Section 65 amended 25
43. Section 68 amended 26
44. Section 69 amended 26
Division 11 -- Real Estate and Business Agents
Act 1978 amended
45. Act amended 27
46. Section 68 amended 27
47. Section 105A inserted 28
105A. Cancellation of licence due to insufficient
resources or cessation of business 28
Division 12 -- Settlement Agents Act 1981
amended
48. Act amended 28
49. Section 34AA amended 28
50. Section 35 amended 29
page iii
Mutual Recognition (Western Australia) Amendment Bill 2021
Contents
51. Section 85A inserted 30
85A. Cancellation of licence due to insufficient
resources or cessation of business 30
Division 13 -- Teacher Registration Act 2012
amended
52. Act amended 30
53. Section 3 amended 30
54. Section 47 amended 31
Division 14 -- Veterinary Practice Act 2021
amended
55. Act amended 32
56. Section 3 amended 32
57. Section 19 amended 33
58. Part 2 Division 4 heading replaced 33
Division 4 -- Interstate veterinarians
59. Section 21 amended 34
60. Section 22 replaced 34
22. Registration as interstate veterinarian 34
61. Section 24 amended 35
62. Section 26 amended 35
63. Section 54 amended 36
64. Section 65 amended 36
65. Section 79 amended 37
66. Section 112 amended 37
page iv
Western Australia
LEGISLATIVE COUNCIL
(As amended in Committee)
Mutual Recognition (Western Australia)
Amendment Bill 2021
A Bill for
An Act to amend the Mutual Recognition (Western Australia)
Act 2020 and to make consequential amendments to other Acts.
The Parliament of Western Australia enacts as follows:
page 1
Mutual Recognition (Western Australia) Amendment Bill 2021
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Mutual Recognition (Western Australia) Amendment
4 Act 2021.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation.
page 2
Mutual Recognition (Western Australia) Amendment Bill 2021
Mutual Recognition (Western Australia) Act 2020 amended Part 2
s. 3
1 Part 2 -- Mutual Recognition (Western Australia)
2 Act 2020 amended
3 3. Act amended
4 This Part amends the Mutual Recognition (Western Australia)
5 Act 2020.
6 4. Long title replaced
7 Delete the long title and insert:
8
9 An Act --
10 • to adopt the Mutual Recognition Act 1992
11 (Commonwealth) as originally enacted and any
12 amendments made to it before this Act receives the Royal
13 Assent, for the purposes of section 51(xxxvii) of the
14 Constitution of the Commonwealth; and
15 • to adopt the amendments made to the Mutual
16 Recognition Act 1992 (Commonwealth) by the Mutual
17 Recognition Amendment Act 2021 (Commonwealth), for
18 the purposes of section 51(xxxvii) of the Constitution of
19 the Commonwealth; and
20 • for related purposes.
21
22 5. Section 4 amended
23 (1) After section 4(1) insert:
24
25 (1A) Without limiting subsection (1), the State adopts the
26 amendments made to the Commonwealth Act by the
27 Mutual Recognition Amendment Act 2021
28 (Commonwealth).
29
page 3
Mutual Recognition (Western Australia) Amendment Bill 2021
Part 2 Mutual Recognition (Western Australia) Act 2020 amended
s. 6
1 (2) In section 4(2) delete "of the Commonwealth Act under this
2 Act" and insert:
3
4 under subsection (1)
5
6 (3) After section 4(4) insert:
7
8 (5) The adoptions under subsections (1) and (1A)
9 terminate in accordance with section 8.
10
11 6. Section 6 replaced
12 Delete section 6 and insert:
13
14 6. Disclosure to registration authorities in
15 participating jurisdictions
16 (1) In this section --
17 activity has the meaning given in section 4(1) of the
18 Commonwealth Act;
19 covers has the meaning given in section 4(1) of the
20 Commonwealth Act;
21 occupation has the meaning given in section 4(1) of
22 the Commonwealth Act;
23 participating jurisdiction has the meaning given in
24 section 5(4) of the Commonwealth Act;
25 registration, of an individual for an occupation, means
26 a registration, licence, approval, admission,
27 certification (including a practising certificate) or other
28 authorisation given under law that authorises the
29 individual to carry on the occupation or an activity
30 covered by the occupation;
page 4
Mutual Recognition (Western Australia) Amendment Bill 2021
Mutual Recognition (Western Australia) Act 2020 amended Part 2
s. 6
1 registration authority, for an occupation in a
2 participating jurisdiction, means a person who gives
3 individuals registrations for the occupation in the
4 participating jurisdiction.
5 (2) This section applies if a registration authority for an
6 occupation in the State gives a registration for the
7 occupation to an individual and any of the following
8 events occur --
9 (a) the individual's registration is suspended or
10 cancelled;
11 (b) the registration authority refuses to renew the
12 individual's registration;
13 (c) a condition is imposed on the individual's
14 registration;
15 (d) an action is taken against the individual on
16 disciplinary grounds in connection with --
17 (i) the individual's registration; or
18 (ii) carrying on the occupation or an activity
19 covered by the occupation;
20 (e) civil or criminal proceedings are commenced
21 against the individual that are relevant to --
22 (i) the individual's registration; or
23 (ii) carrying on the occupation or an activity
24 covered by the occupation.
25 (3) Despite any written law relating to confidentiality,
26 privacy or secrecy, a registration authority for the
27 occupation in the State may give the following
28 information to a registration authority for the
29 occupation in another participating jurisdiction --
30 (a) the individual's name, address and any other
31 information necessary to identify the
32 individual;
page 5
Mutual Recognition (Western Australia) Amendment Bill 2021
Part 2 Mutual Recognition (Western Australia) Act 2020 amended
s. 6
1 (b) information about the individual's registration,
2 including any conditions imposed;
3 (c) information about the event, including the
4 outcome of the event.
5 7. Protection from liability for giving information
6 (1) If information is given in good faith under section 6 of
7 this Act or section 33, 37, 42M, 42N, 42P or 42V of
8 the Commonwealth Act --
9 (a) no civil or criminal liability is incurred in
10 respect of giving the information; and
11 (b) giving the information is not to be regarded as a
12 breach of any duty of confidentiality, privacy or
13 secrecy imposed by law; and
14 (c) giving the information is not to be regarded as a
15 breach of professional ethics or standards or as
16 unprofessional conduct.
17 (2) The State is also relieved of any liability that it might
18 otherwise have had for another person having done
19 anything as described in subsection (1).
20 7A. Tabling documents relating to scheme reviews
21 (1) In this section --
22 intergovernmental agreement means the
23 Intergovernmental Agreement on the Automatic
24 Mutual Recognition of Occupational Registration
25 entered into by the Commonwealth, the States and the
26 Northern Territory on 11 December 2020, as in force
27 from time to time;
28 scheme review means a review of the operation and
29 effectiveness of the intergovernmental agreement and
30 the Commonwealth Act carried out under clause 12 of
31 the intergovernmental agreement.
page 6
Mutual Recognition (Western Australia) Amendment Bill 2021
Mutual Recognition (Western Australia) Act 2020 amended Part 2
s. 6
1 (2) Subsection (3) applies if --
2 (a) a scheme review is carried out; and
3 (b) a report is prepared by the person carrying out
4 the review; and
5 (c) the Minister receives the report.
6 (3) The Minister must cause the report to be laid before
7 each House of Parliament as soon as practicable after
8 the Minister receives the report.
9 (4) If a report to which subsection (3) applies contains
10 sensitive, confidential or personal information, the
11 Minister may comply with subsection (3) by removing
12 the sensitive, confidential or personal information from
13 the report before causing the document to be laid
14 before each House.
15 8. Termination of adoptions
16 (1) The Governor may by proclamation fix a day as the
17 day on which --
18 (a) the adoptions under both section 4(1) and (1A)
19 are to terminate; or
20 (b) the adoption under section 4(1) is to terminate;
21 or
22 (c) the adoption under section 4(1A) is to
23 terminate.
24 (2) However, the Governor cannot fix a day under
25 subsection (1)(b) that is before a day fixed under
26 subsection (1)(c).
27 (3) If the adoption under section 4(1A) terminates before
28 the adoption under section 4(1), the termination of the
29 adoption under section 4(1A) does not affect the
30 continued operation in the State of the Commonwealth
31 Act as adopted under section 4(1).
page 7
Mutual Recognition (Western Australia) Amendment Bill 2021
Part 2 Mutual Recognition (Western Australia) Act 2020 amended
s. 6
1 9. Revoking termination proclamations
2 (1) The Governor may by proclamation (a revoking
3 proclamation) revoke a proclamation made under
4 section 8(1).
5 (2) A revoking proclamation has effect only if published in
6 the Gazette before the day fixed in the proclamation
7 made under section 8(1).
8 (3) If a revoking proclamation has effect, the revoked
9 proclamation is taken never to have been made.
10 (4) A revoking proclamation does not prevent the further
11 making of a proclamation under section 8(1).
12
page 8
Mutual Recognition (Western Australia) Amendment Bill 2021
Consequential amendments to other Acts Part 3
Architects Act 2004 amended Division 1
s. 7
1 Part 3 -- Consequential amendments to other Acts
2 Division 1 -- Architects Act 2004 amended
3 7. Act amended
4 This Division amends the Architects Act 2004.
5 8. Section 4 amended
6 In section 4(1) insert in alphabetical order:
7
8 architect insurance means insurance that --
9 (a) is in effect in respect of civil liability for
10 anything done or omitted in carrying on the
11 practice of architecture; and
12 (b) complies with the requirements prescribed by
13 the regulations;
14
15 9. Section 29 amended
16 After section 29(a) insert:
17
18 (aa) is covered by architect insurance; and
19
20 10. Section 30 replaced
21 Delete section 30 and insert:
22
23 30. Conditions on registration or renewal of
24 registration
25 The registration or renewal of the registration of a
26 natural person must not be subject to conditions except
27 to the extent that conditions may be imposed --
28 (a) under section 51(6); or
page 9
Mutual Recognition (Western Australia) Amendment Bill 2021
Part 3 Consequential amendments to other Acts
Division 1 Architects Act 2004 amended
s. 11
1 (b) by way of taking disciplinary action.
2 30A. Architects must be covered by architect insurance
3 A registered person must not carry on the practice of
4 architecture unless the person is covered by architect
5 insurance.
6
7 11. Section 36 amended
8 Before section 36(2)(a)(i) insert:
9
10 (ia) is covered by architect insurance; and
11
12 12. Section 52 amended
13 In section 52(1) delete "that is recorded in the register in
14 relation to the person or corporation." and insert:
15
16 of the person or corporation provided to the Board.
17
18 13. Section 56 amended
19 In section 56(1):
20 (a) after paragraph (d) insert:
21
22 (da) that the person has been found guilty of an
23 offence committed in the course of carrying on
24 the practice of architecture;
25 (db) that the person has engaged in fraudulent
26 conduct in connection with the practice of
27 architecture;
28
29 (b) delete the note.
page 10
Mutual Recognition (Western Australia) Amendment Bill 2021
Consequential amendments to other Acts Part 3
Betting Control Act 1954 amended Division 2
s. 14
1 Division 2 -- Betting Control Act 1954 amended
2 14. Act amended
3 This Division amends the Betting Control Act 1954.
4 15. Section 11E amended
5 In section 11E(1) delete "shall, on being required to do so by the
6 Commission," and insert:
7
8 must
9
10 Division 3 -- Debt Collectors Licensing Act 1964 amended
11 16. Act amended
12 This Division amends the Debt Collectors Licensing Act 1964.
13 17. Section 9 amended
14 (1) Delete section 9(4) and insert:
15
16 (4) The Commissioner must issue a licence if the
17 Commissioner --
18 (a) grants an application for the licence or renewal
19 of the licence; and
20 (b) receives the prescribed fee for the issue or
21 renewal of the licence.
22
23 (2) In section 9(5) delete "he" and insert:
24
25 the Commissioner
26
page 11
Mutual Recognition (Western Australia) Amendment Bill 2021
Part 3 Consequential amendments to other Acts
Division 3 Betting Control Act 1954 amended
s. 18
1 18. Section 10 amended
2 (1) In section 10(1) delete "if the complaint complies with
3 subsection (1ab)." and insert:
4
5 or former licensee if the complaint complies with
6 subsection (1a).
7
8 (2) In section 10(1a):
9 (a) in paragraph (a) delete "has to specify the licensee" and
10 insert:
11
12 must specify the licensee or former licensee
13
14 (b) in paragraph (b) delete "has to be a ground described in
15 subsection (1)." and insert:
16
17 must be a ground described in subsection (1b).
18
19 (3) In section 10(1b):
20 (a) delete "subsection (2) --" and insert:
21
22 subsection (1c) --
23
24 (b) in paragraph (a) delete "improperly obtained his" and
25 insert:
26
27 or former licensee improperly obtained their
28
29 (c) in paragraph (b) after "licensee" insert:
30
31 or former licensee
32
page 12
Mutual Recognition (Western Australia) Amendment Bill 2021
Consequential amendments to other Acts Part 3
Betting Control Act 1954 amended Division 3
s. 18
1 (d) after paragraph (b) insert:
2
3 (ba) on the ground that the licensee or former
4 licensee has engaged in fraudulent conduct in
5 connection with carrying on business, or
6 carrying out functions, under their licence; or
7 (bb) on the ground that the licensee or former
8 licensee has been negligent or incompetent in
9 connection with carrying on business, or
10 carrying out functions, under their licence; or
11 (bc) on the ground that the licensee or former
12 licensee has carried on business, or carried out
13 functions, under their licence in contravention
14 of section 20(1) or (1A); or
15
16 (4) In section 10(1d):
17 (a) after "licensee" insert:
18
19 or former licensee
20
21 (b) delete "is required to" and insert:
22
23 must
24
25 (5) In section 10(2) delete the passage that begins with "may order"
26 and ends with "licence." and insert:
27
28 may order --
29 (a) in the case of a licensee --
30 (i) that the licensee's licence is cancelled
31 and must be given to the Commissioner;
32 and
page 13
Mutual Recognition (Western Australia) Amendment Bill 2021
Part 3 Consequential amendments to other Acts
Division 3 Betting Control Act 1954 amended
s. 19
1 (ii) if the licence is cancelled -- that the
2 licensee is disqualified from holding a
3 licence, either permanently or for a
4 period specified by the Tribunal in the
5 order;
6 or
7 (b) in the case of a former licensee -- that the
8 former licensee is disqualified from holding a
9 licence, either permanently or for a period
10 specified by the Tribunal in the order.
11
12 (6) In section 10(4) delete "shall," and insert:
13
14 must,
15
16 (7) In section 10(5) delete "licensee is disqualified from holding a
17 licence he shall be deemed" and insert:
18
19 person is disqualified from holding a licence they are taken
20
21 Note: The heading to amended section 10 is to read:
22 Cancellation and disqualification
23 19. Section 20 amended
24 Delete section 20(1) and insert:
25
26 (1) Before a licensee carries on the business or carries out
27 the functions of a debt collector, the licensee must
28 lodge with the Commissioner the fidelity bond or
29 approved security referred to in subsection (2).
page 14
Mutual Recognition (Western Australia) Amendment Bill 2021
Consequential amendments to other Acts Part 3
Electricity Act 1945 amended Division 4
s. 20
1 (1A) A licensee must not carry on the business or carry out
2 the functions of a debt collector unless the licensee has
3 in force the fidelity bond or approved security referred
4 to in subsection (2).
5
6 Division 4 -- Electricity Act 1945 amended
7 20. Act amended
8 This Division amends the Electricity Act 1945.
9 21. Section 32 amended
10 (1) Delete section 32(3)(a)(iiia).
11 (2) After section 32(3) insert:
12
13 (3A) Regulations made under subsection (3)(f) and (faa)
14 may allow for penalties to be imposed on, and
15 disciplinary proceedings or action to be taken against, a
16 person who formerly held a licence, permit or
17 authorisation.
18
19 Division 5 -- Employment Agents Act 1976 amended
20 22. Act amended
21 This Division amends the Employment Agents Act 1976.
22 23. Section 25 amended
23 (1) In section 25(1):
24 (a) in paragraph (b) delete "Act." and insert:
25
26 Act; or
27
page 15
Mutual Recognition (Western Australia) Amendment Bill 2021
Part 3 Consequential amendments to other Acts
Division 6 Food Act 2008 amended
s. 24
1 (b) after paragraph (b) insert:
2
3 (c) has been negligent or incompetent in
4 connection with carrying on the business of an
5 employment agent; or
6 (d) has failed to ensure the proper management and
7 supervision of a person carrying on the business
8 of an employment agent on their behalf.
9
10 (2) In section 25(6) delete "he or it shall not, for the period of that
11 disqualification, be eligible to apply for" and insert:
12
13 they are not eligible, for the period of that disqualification, to
14 apply for or hold
15
16 Division 6 -- Food Act 2008 amended
17 24. Act amended
18 This Division amends the Food Act 2008.
19 25. Section 96A inserted
20 After section 96 insert:
21
22 96A. Food safety auditor must be insured
23 (1) In this section --
24 insurance information, in relation to a food safety
25 auditor, means the following information about the
26 auditor's insurance under subsection (2) --
27 (a) the name of the insurer;
page 16
Mutual Recognition (Western Australia) Amendment Bill 2021
Consequential amendments to other Acts Part 3
Food Act 2008 amended Division 6
s. 26
1 (b) the amount of the insurance;
2 (c) the nature and scope of the insurance.
3 (2) A food safety auditor must not carry out their functions
4 as an auditor unless the auditor holds or is covered by
5 insurance that --
6 (a) is in effect in respect of the auditor's civil
7 liability for anything done or omitted in
8 carrying out their functions; and
9 (b) complies with the requirements prescribed by
10 the regulations.
11 (3) The auditor must give the CEO the auditor's insurance
12 information within 28 days after the auditor begins to
13 carry out their functions as an auditor.
14 (4) Subsection (3) does not apply if the auditor gives the
15 auditor's insurance information to the CEO within the
16 period of 2 months ending on the day on which the
17 auditor begins to carry out their functions as an auditor.
18 (5) If the auditor's insurance information changes, the
19 auditor must give the new insurance information to the
20 CEO within 14 days after the day on which the change
21 takes effect.
22
23 26. Section 97 amended
24 After section 97(2)(d) insert:
25
26 (da) if the CEO is satisfied that the person has
27 contravened section 96A(2);
28
page 17
Mutual Recognition (Western Australia) Amendment Bill 2021
Part 3 Consequential amendments to other Acts
Division 6 Food Act 2008 amended
s. 27
1 27. Part 14 Division 1 heading inserted
2 At the beginning of Part 14 insert:
3
4 Division 1 -- Transitional provisions for Food Act 2008
5
6 28. Part 14 Division 2 inserted
7 After section 154 insert:
8
9 Division 2 -- Transitional provisions for Mutual
10 Recognition (Western Australia) Amendment Act 2021
11 155. Providing insurance information
12 (1) In this section --
13 commencement day means the day on which the
14 Mutual Recognition (Western Australia) Amendment
15 Act 2021 section 25 comes into operation;
16 insurance information has the meaning given in
17 section 96A(1).
18 (2) Section 96A(3) and (4) do not apply to a food safety
19 auditor who began to carry out their functions as an
20 auditor before commencement day.
21 (3) The CEO may request a food safety auditor to give the
22 auditor's insurance information to the CEO if --
23 (a) the auditor began to carry out their functions as
24 an auditor before commencement day; and
25 (b) the auditor has not provided their insurance
26 information to the CEO.
27
page 18
Mutual Recognition (Western Australia) Amendment Bill 2021
Consequential amendments to other Acts Part 3
Gas Standards Act 1972 amended Division 7
s. 29
1 Division 7 -- Gas Standards Act 1972 amended
2 29. Act amended
3 This Division amends the Gas Standards Act 1972.
4 30. Section 13A amended
5 After section 13A(11)(c) insert:
6
7 (ca) is guilty of an offence committed in the course
8 of carrying out the practice of gasfitting;
9 (cb) engaged in fraudulent conduct in connection
10 with the practice of gasfitting;
11
12 31. Section 13AA inserted
13 After section 13A insert:
14
15 13AA. Disciplinary action against former registered
16 persons
17 (1) In this section --
18 former holder means a person who formerly held a
19 registration;
20 interstate authority means a person in another State,
21 the Australian Capital Territory or the Northern
22 Territory who has functions that correspond or
23 substantially correspond to the functions of the
24 Director under this Act;
25 registration means a certificate of competency, permit
26 or authorisation granted under regulations made under
27 section 13A(3)(b).
page 19
Mutual Recognition (Western Australia) Amendment Bill 2021
Part 3 Consequential amendments to other Acts
Division 7 Gas Standards Act 1972 amended
s. 31
1 (2) The Director may apply to the State Administrative
2 Tribunal for action to be taken by the Tribunal under
3 this section against a former holder if the former
4 holder --
5 (a) obtains their registration by fraud or
6 misrepresentation; or
7 (b) is disqualified by an interstate authority from
8 carrying out the practice of gasfitting; or
9 (c) is found guilty of an offence under this Act; or
10 (d) is found guilty of an offence committed in the
11 course of carrying out the practice of gasfitting;
12 or
13 (e) engages in fraudulent conduct in connection
14 with the practice of gasfitting; or
15 (f) engages in misconduct by failing to safely carry
16 out the practice of gasfitting.
17 (3) For the purposes of investigating a former holder,
18 section 13A(12) to (15) apply as if the definition of
19 holder in section 13A(12) included the former holder.
20 (4) If the State Administrative Tribunal, on dealing with an
21 application under subsection (2), is satisfied that a
22 matter referred to in that subsection has been made out,
23 the Tribunal may by order disqualify the former holder
24 from holding a registration --
25 (a) permanently; or
26 (b) for a period specified by the Tribunal in the
27 order.
28
page 20
Mutual Recognition (Western Australia) Amendment Bill 2021
Consequential amendments to other Acts Part 3
Land Valuers Licensing Act 1978 amended Division 8
s. 32
1 Division 8 -- Land Valuers Licensing Act 1978 amended
2 32. Act amended
3 This Division amends the Land Valuers Licensing Act 1978.
4 33. Section 27 amended
5 In section 27 after "against a" insert:
6
7 current or former
8
9 34. Section 28 amended
10 (1) In section 28(1):
11 (a) after "against a" insert:
12
13 current or former
14
15 (b) in paragraph (a) delete "licensed";
16 (c) in paragraph (b) delete "him;" and insert:
17
18 the valuer;
19
20 (d) delete paragraph (c) and insert:
21
22 (c) if the valuer is a current licensed valuer --
23 (i) suspend or cancel the valuer's licence;
24 and
25 (ii) if the licence is cancelled -- disqualify
26 the valuer from holding a licence
27 permanently, for a specified period or
28 until they fulfil a specified condition;
page 21
Mutual Recognition (Western Australia) Amendment Bill 2021
Part 3 Consequential amendments to other Acts
Division 8 Land Valuers Licensing Act 1978 amended
s. 34
1 (d) if the valuer is a former licensed valuer --
2 disqualify the valuer from holding a licence
3 permanently, for a specified period or until they
4 fulfil a specified condition.
5
6 (2) In section 28(2):
7 (a) delete "shall be proper cause for disciplinary action" and
8 insert:
9
10 is proper cause for disciplinary action against a current
11 or former licensed valuer
12
13 (b) in paragraphs (a) and (b) delete "licensed";
14 (c) in paragraph (c) delete "licensed" (1st occurrence);
15 (d) after paragraph (c) insert:
16
17 (ca) the valuer has been found guilty of an offence
18 committed in the course of carrying on business
19 under a licence; or
20 (cb) the valuer has engaged in fraudulent conduct in
21 connection with carrying on business under a
22 licence; or
23 (cc) the valuer has failed to ensure the proper
24 management and supervision of an activity
25 carried out under a licence on their behalf; or
26
27 (e) in paragraph (d) delete "licensed".
page 22
Mutual Recognition (Western Australia) Amendment Bill 2021
Consequential amendments to other Acts Part 3
Motor Vehicle Dealers Act 1973 amended Division 9
s. 35
1 Division 9 -- Motor Vehicle Dealers Act 1973 amended
2 35. Act amended
3 This Division amends the Motor Vehicle Dealers Act 1973.
4 36. Section 15 amended
5 In section 15(6) in the definitions of sufficient knowledge of
6 this Act and sufficient resources delete "the Commissioner
7 considers that".
8 37. Section 20 amended
9 In section 20(1):
10 (a) in paragraph (b)(ii) delete "authorisation." and insert:
11
12 authorisation;
13
14 (b) after paragraph (b) insert:
15
16 or
17 (c) has obtained an authorisation because of
18 incorrect or misleading information; or
19 (d) has been found guilty of an offence committed
20 in the course of carrying on business under an
21 authorisation; or
22 (e) has engaged in fraudulent conduct in
23 connection with carrying on business under an
24 authorisation; or
25 (f) has been negligent or incompetent in
26 connection with carrying on business under an
27 authorisation; or
page 23
Mutual Recognition (Western Australia) Amendment Bill 2021
Part 3 Consequential amendments to other Acts
Division 10 Motor Vehicle Repairers Act 2003 amended
s. 38
1 (g) has failed to ensure the proper management and
2 supervision of business carried on under an
3 authorisation on the person's behalf.
4
5 38. Section 20B amended
6 (1) In section 20B(1) delete "shall" and insert:
7
8 or another written law must
9
10 (2) In section 20B(3) in the definition of relevant maximum fine
11 delete "this Act," and insert:
12
13 this Act or another written law,
14
15 Division 10 -- Motor Vehicle Repairers Act 2003 amended
16 39. Act amended
17 This Division amends the Motor Vehicle Repairers Act 2003.
18 40. Part 2 Division 3 heading amended
19 In the heading to Part 2 Division 3 after "conditions" insert:
20
21 and requirements
22
page 24
Mutual Recognition (Western Australia) Amendment Bill 2021
Consequential amendments to other Acts Part 3
Motor Vehicle Repairers Act 2003 amended Division 10
s. 41
1 41. Section 29 replaced
2 Delete section 29 and insert:
3
4 29. Regulations may require licensees to be insured
5 (1) The regulations may require a licensee --
6 (a) to hold or be covered by insurance that --
7 (i) is in effect in respect of anything done
8 or omitted in carrying on business under
9 the licensee's business licence; and
10 (ii) complies with the requirements
11 prescribed by the regulations;
12 and
13 (b) to give information in relation to the insurance
14 to the Commissioner.
15 (2) Despite the Interpretation Act 1984 section 43(7) and
16 (8)(d), regulations made under subsection (1) must not
17 provide for different requirements to apply in respect
18 of different licensees or different classes of licensees.
19
20 42. Section 65 amended
21 In section 65(1):
22 (a) in paragraph (c) delete "certificate." and insert:
23
24 certificate; or
25
26 (b) after paragraph (c) insert:
27
28 (d) a person who was formerly a person referred to
29 in paragraph (a), (b) or (c).
30
page 25
Mutual Recognition (Western Australia) Amendment Bill 2021
Part 3 Consequential amendments to other Acts
Division 10 Motor Vehicle Repairers Act 2003 amended
s. 43
1 43. Section 68 amended
2 In section 68(1):
3 (a) in paragraph (c) after "holder" insert:
4
5 or former holder
6
7 (b) in paragraph (c) delete "applies." and insert:
8
9 applies; or
10
11 (c) after paragraph (c) insert:
12
13 (d) to have been found guilty of an offence
14 committed in the course of carrying on business
15 under a business licence or certificate; or
16 (e) to have engaged in fraudulent conduct in
17 connection with carrying on business under a
18 business licence or certificate; or
19 (f) to have been negligent or incompetent in
20 connection with carrying on business under a
21 business licence or certificate.
22
23 44. Section 69 amended
24 In section 69(2):
25 (a) delete "applies" and insert:
26
27 applies, other than a person who is not currently a
28 person described in section 65(1)(a) to (c),
29
page 26
Mutual Recognition (Western Australia) Amendment Bill 2021
Consequential amendments to other Acts Part 3
Real Estate and Business Agents Act 1978 amended Division 11
s. 45
1 (b) in paragraph (a) delete "he or she" (each occurrence)
2 and insert:
3
4 the person
5
6 Division 11 -- Real Estate and Business Agents Act 1978
7 amended
8 45. Act amended
9 This Division amends the Real Estate and Business Agents
10 Act 1978.
11 46. Section 68 amended
12 In section 68(1):
13 (a) delete "shall maintain one or more trust accounts," and
14 insert:
15
16 must maintain at least 1 trust account exclusively for the
17 purposes of this Act,
18
19 (b) delete "shall," and insert:
20
21 must,
22
23 (c) delete "him" and insert:
24
25 the agent
26
27 Note: The heading to amended section 68 is to read:
28 Use of trust accounts
page 27
Mutual Recognition (Western Australia) Amendment Bill 2021
Part 3 Consequential amendments to other Acts
Division 12 Settlement Agents Act 1981 amended
s. 47
1 47. Section 105A inserted
2 After section 105 insert:
3
4 105A. Cancellation of licence due to insufficient resources
5 or cessation of business
6 The State Administrative Tribunal may, on application
7 by the Commissioner, cancel a licence if the Tribunal
8 is satisfied that the licensee --
9 (a) does not have sufficient material and financial
10 resources available to enable them to comply
11 with the requirements of this Act; or
12 (b) has ceased to carry on the business to which the
13 licence relates.
14
15 Division 12 -- Settlement Agents Act 1981 amended
16 48. Act amended
17 This Division amends the Settlement Agents Act 1981.
18 49. Section 34AA amended
19 Delete section 34AA(3) and insert:
20
21 (3) Without limiting subsection (2), the Commissioner
22 may impose a condition that relates to the payment of
23 fees under this Act, or to contributions to the Account,
24 and may vary the prescribed fees or contributions.
25
page 28
Mutual Recognition (Western Australia) Amendment Bill 2021
Consequential amendments to other Acts Part 3
Settlement Agents Act 1981 amended Division 12
s. 50
1 50. Section 35 amended
2 Delete section 35(6) and (8) and insert:
3
4 (6) If the provisions of this section apply, a licensee who is
5 the holder of a triennial certificate must --
6 (a) remain insured under the Master Policy
7 Agreement during the currency of the triennial
8 certificate; and
9 (b) hold a current certificate of insurance; and
10 (c) produce to the Commissioner --
11 (i) the first certificate of insurance held by
12 the licensee; and
13 (ii) if a certificate of insurance held by the
14 licensee ceases to be of full force and
15 effect -- a replacement certificate of
16 insurance;
17 and
18 (d) pay all premiums payable by the licensee under
19 the Master Policy Agreement and certificate of
20 insurance; and
21 (e) comply with the provisions of the Master
22 Policy Agreement and certificate of insurance
23 that apply to the licensee.
24 (7) A licensee who does not comply with an obligation
25 under subsection (6)(b) or (c) is taken not to be the
26 holder of a triennial certificate until the licensee
27 complies with the obligation.
28
page 29
Mutual Recognition (Western Australia) Amendment Bill 2021
Part 3 Consequential amendments to other Acts
Division 13 Teacher Registration Act 2012 amended
s. 51
1 51. Section 85A inserted
2 After section 85 insert:
3
4 85A. Cancellation of licence due to insufficient resources
5 or cessation of business
6 The State Administrative Tribunal may, on application
7 by the Commissioner, cancel a licence if the Tribunal
8 is satisfied that the licensee --
9 (a) does not have sufficient material and financial
10 resources available to enable them to comply
11 with the requirements of this Act; or
12 (b) has ceased to carry on the business to which the
13 licence relates.
14
15 Division 13 -- Teacher Registration Act 2012 amended
16 52. Act amended
17 This Division amends the Teacher Registration Act 2012.
18 53. Section 3 amended
19 In section 3 insert in alphabetical order:
20
21 serious offence means an offence (whether committed
22 in or outside this State) that is --
23 (a) an indictable offence against a law of this State,
24 the Commonwealth, another State or a Territory
25 (whether or not the offence is or may be dealt
26 with summarily); or
page 30
Mutual Recognition (Western Australia) Amendment Bill 2021
Consequential amendments to other Acts Part 3
Teacher Registration Act 2012 amended Division 13
s. 54
1 (b) an offence against the law of another State or a
2 Territory that would be an indictable offence
3 against a law of this State if committed in this
4 State (whether or not the offence could be dealt
5 with summarily if committed in this State); or
6 (c) an offence against the law of a foreign country
7 that would be an indictable offence against a
8 law of the Commonwealth or this State if
9 committed in this State (whether or not the
10 offence could be dealt with summarily if
11 committed in this State);
12
13 54. Section 47 amended
14 In section 47:
15 (a) delete paragraph (e) and insert:
16
17 (e) that a teacher has been convicted of a serious
18 offence;
19 (ea) that a teacher has been convicted of a
20 prescribed offence;
21
22 (b) in paragraph (f)(ii) delete "misconduct the nature of
23 which renders the person unfit to be registered; or" and
24 insert:
25
26 misconduct; or
27
page 31
Mutual Recognition (Western Australia) Amendment Bill 2021
Part 3 Consequential amendments to other Acts
Division 14 Veterinary Practice Act 2021 amended
s. 55
1 Division 14 -- Veterinary Practice Act 2021 amended
2 55. Act amended
3 This Division amends the Veterinary Practice Act 2021.
4 56. Section 3 amended
5 (1) In section 3 delete the definitions of:
6 category
7 corresponding law
8 interstate veterinarian
9 specialty
10 (2) In section 3 insert in alphabetical order:
11
12 category, in relation to registration, means --
13 (a) a category listed in section 5(1); or
14 (b) the category of registration as an interstate
15 veterinarian;
16 corresponding law means a law of another jurisdiction
17 that provides for the registration of veterinarians
18 (however described);
19 interstate veterinarian means a person registered under
20 section 22(1) as an interstate veterinarian;
21 specialty means a branch of veterinary medicine that
22 is --
23 (a) accredited as a specialty under, or in the
24 manner prescribed by, the regulations; or
25 (b) a specialty (however described) under a
26 corresponding law;
27
page 32
Mutual Recognition (Western Australia) Amendment Bill 2021
Consequential amendments to other Acts Part 3
Veterinary Practice Act 2021 amended Division 14
s. 57
1 (3) In section 3 in the definition of registration delete paragraph (a)
2 and insert:
3
4 (a) in relation to a person -- means registration
5 under Part 2 as --
6 (i) a WA veterinarian in 1 or more
7 categories of registration listed in
8 section 5(1); or
9 (ii) an interstate veterinarian; or
10 (iii) a veterinary nurse;
11 or
12
13 (4) In section 3 in the definition of veterinary specialist delete
14 paragraph (b) and insert:
15
16 (b) an interstate veterinarian who holds their
17 interstate registration in a specialty;
18
19 57. Section 19 amended
20 In section 19 delete "interim registration)" and insert:
21
22 interim registration or registration as an interstate veterinarian)
23
24 58. Part 2 Division 4 heading replaced
25 Delete the heading to Part 2 Division 4 and insert:
26
27 Division 4 -- Interstate veterinarians
28
page 33
Mutual Recognition (Western Australia) Amendment Bill 2021
Part 3 Consequential amendments to other Acts
Division 14 Veterinary Practice Act 2021 amended
s. 59
1 59. Section 21 amended
2 In section 21 delete the definition of corresponding specialty.
3 Note: The heading to amended section 21 is to read:
4 Term used: interstate registration
5 60. Section 22 replaced
6 Delete section 22 and insert:
7
8 22. Registration as interstate veterinarian
9 (1) A person is registered as an interstate veterinarian if --
10 (a) the person holds interstate registration; and
11 (b) the participating jurisdiction in which the
12 person holds interstate registration is --
13 (i) if the participating jurisdiction is a
14 participating jurisdiction under the
15 Mutual Recognition Act 1992
16 (Commonwealth) section 5(4) but is not
17 a pre-adoption State under section 4(1)
18 of that Act -- the person's home State
19 under section 42A of that Act for the
20 occupation of carrying out veterinary
21 medicine; or
22 (ii) otherwise -- the participating
23 jurisdiction in which the person has
24 their principal place of residence or
25 principal place of work in relation to
26 carrying out veterinary medicine;
27 and
28 (c) the person practises veterinary medicine in this
29 State.
page 34
Mutual Recognition (Western Australia) Amendment Bill 2021
Consequential amendments to other Acts Part 3
Veterinary Practice Act 2021 amended Division 14
s. 61
1 (2) Subject to section 26, it is a condition of registration
2 under subsection (1) that the person must not carry out
3 an act of veterinary medicine in this State unless the
4 law of the participating jurisdiction in which they hold
5 interstate registration authorises or permits the person
6 to carry out that act in that jurisdiction.
7
8 61. Section 24 amended
9 In section 24(1)(c) delete "section 27" and insert:
10
11 section 22(2) or 27
12
13 62. Section 26 amended
14 Delete section 26(1) and insert:
15
16 (1) The Board may, if it considers there are reasonable
17 grounds for doing so --
18 (a) in relation to the condition referred to in
19 section 22(2) --
20 (i) modify the condition to authorise the
21 person to carry out an act of veterinary
22 medicine that they would otherwise be
23 prohibited from carrying out under the
24 condition; or
25 (ii) remove the condition;
26 or
27 (b) otherwise -- modify or remove another
28 condition imposed on the registration of a
29 person.
30
page 35
Mutual Recognition (Western Australia) Amendment Bill 2021
Part 3 Consequential amendments to other Acts
Division 14 Veterinary Practice Act 2021 amended
s. 63
1 63. Section 54 amended
2 In section 54:
3 (a) delete paragraph (b) and insert:
4
5 (b) if the person holds interstate registration in a
6 particular specialty -- that specialty;
7
8 (b) in paragraph (c) delete "is registered (however
9 described);" and insert:
10
11 holds interstate registration;
12
13 64. Section 65 amended
14 (1) After section 65(3)(b) insert:
15
16 (ba) in the case of an interstate veterinarian -- are
17 permitted to be used in connection with the
18 practice of veterinary medicine by the interstate
19 veterinarian in the participating jurisdiction in
20 which they hold interstate registration; or
21
22 (2) After section 65(4)(b) insert:
23
24 (ba) if the person employed or engaged in the
25 veterinary practice business is an interstate
26 veterinarian -- are permitted to be used in
27 connection with the practice of veterinary
28 medicine by the interstate veterinarian in the
29 participating jurisdiction in which they hold
30 interstate registration; or
31
page 36
Mutual Recognition (Western Australia) Amendment Bill 2021
Consequential amendments to other Acts Part 3
Veterinary Practice Act 2021 amended Division 14
s. 65
1 65. Section 79 amended
2 In section 79(b) delete "WA".
3 66. Section 112 amended
4 In section 112(b) delete "granted under Part 2 or 3".
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