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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Public Works Amendment (WA Building
Management Authority Abolition) Bill 2019
Contents
Part 1 -- Preliminary matters
1. Short title 2
2. Commencement 2
Part 2 -- Public Works Act 1902
amended
3. Act amended 3
4. Section 2 amended 3
5. Part IA deleted 3
6. Part VIII inserted 3
Part VIII -- Transitional matters for Public Works
Amendment (WA Building Management
Authority Abolition) Act 2019
Division 1 -- Interpretation
124. Terms used 3
Division 2 -- Authority abolished
125. Authority abolished 5
126. Immunity continues 5
Division 3 -- Transfer of Authority's assets, rights
and liabilities
127. Assets, rights and liabilities 5
128. Registration of documents 6
129. Authority to complete necessary
transactions 6
130. Exemption from State tax 7
131. Operating accounts of Authority 8
132. Investments 8
Division 4 -- Continuation of certain things
133. Completion of things done 9
134. Continuing effect of things done 9
145--1 page i
Public Works Amendment (WA Building Management Authority Abolition)
Bill 2019
Contents
135. Agreements, instruments, proceedings
and remedies generally 9
Division 5 -- Other matters
136. Transitional regulations 10
137. Effect on other instruments, rights and
obligations 12
138. Interpretation Act 1984 not affected 12
Part 3 -- Financial Management
Act 2006 amended
7. Act amended 13
8. Schedule 1 amended 13
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Public Works Amendment (WA Building
Management Authority Abolition) Bill 2019
A Bill for
An Act to amend the Public Works Act 1902 to abolish the Western
Australian Building Management Authority.
The Parliament of Western Australia enacts as follows:
page 1
Public Works Amendment (WA Building Management Authority Abolition)
Bill 2019
Part 1 Preliminary matters
s. 1
1 Part 1 -- Preliminary matters
2 1. Short title
3 This is the Public Works Amendment (WA Building
4 Management Authority Abolition) Act 2019.
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 the day after that day.
page 2
Public Works Amendment (WA Building Management Authority Abolition)
Bill 2019
Public Works Act 1902 amended Part 2
s. 3
1 Part 2 -- Public Works Act 1902 amended
2 3. Act amended
3 This Part amends the Public Works Act 1902.
4 4. Section 2 amended
5 In section 2 delete the definition of judge.
6 5. Part IA deleted
7 Delete Part IA.
8 6. Part VIII inserted
9 After section 123 insert:
10
11 Part VIII -- Transitional matters for Public
12 Works Amendment (WA Building Management
13 Authority Abolition) Act 2019
14 Division 1 -- Interpretation
15 124. Terms used
16 In this Part, unless the contrary intention appears --
17 Act Minister means the Minister for the time being
18 administering this Act;
19 assets --
20 (a) means any legal or equitable estates or interests
21 (whether present or future, whether vested or
22 contingent and whether personal or assignable)
23 in real or personal property of any description;
24 and
25 (b) includes money, securities, choses in action and
26 documents;
page 3
Public Works Amendment (WA Building Management Authority Abolition)
Bill 2019
Part 2 Public Works Act 1902 amended
s. 6
1 Authority means the body corporate called the Western
2 Australian Building Management Authority continued
3 in existence by section 9B of the former Act;
4 Department means the department of the Public
5 Service principally assisting the Minister in
6 administering this Act;
7 former Act means this Act as in force immediately
8 before transition day;
9 liabilities means any liabilities, duties or obligations,
10 whether actual, contingent or prospective, liquidated or
11 unliquidated or whether owed alone or jointly or jointly
12 and severally with any other persons;
13 Minister for Works means the body corporate created
14 by section 5;
15 operating account means an agency special purpose
16 account established under the Financial Management
17 Act 2006 section 16;
18 relevant official means --
19 (a) the Registrar of Titles; or
20 (b) the Registrar of Deeds and Transfers; or
21 (c) any other person authorised by a written law to
22 record and give effect to the registration of
23 documents relating to transactions affecting any
24 estate or interest in land or any other property;
25 rights means any rights, powers, privileges or
26 immunities, whether actual, contingent or prospective;
27 this Part includes regulations made under
28 section 136(2);
29 transition day means the day on which the Public
30 Works Amendment (WA Building Management
31 Authority Abolition) Act 2019 section 5 comes into
32 operation.
page 4
Public Works Amendment (WA Building Management Authority Abolition)
Bill 2019
Public Works Act 1902 amended Part 2
s. 6
1 Division 2 -- Authority abolished
2 125. Authority abolished
3 On transition day, the Authority is abolished.
4 126. Immunity continues
5 Despite the abolition of the Authority by section 125, if
6 the Authority had the benefit of any immunity in
7 respect of an act, matter or thing done or omitted to be
8 done before transition day, that immunity continues on
9 and after transition day for the benefit of the Minister
10 for Works so far as the act, matter or thing is within the
11 functions of the Minister for Works.
12 Division 3 -- Transfer of Authority's assets, rights and
13 liabilities
14 127. Assets, rights and liabilities
15 (1) On transition day --
16 (a) the assets of the Authority are assigned to and
17 become the assets of the Minister for Works;
18 and
19 (b) the liabilities of the Authority are assigned to
20 and become the liabilities of the Minister for
21 Works.
22 (2) On and after transition day, any proceedings or remedy
23 that might have been commenced by or against, or
24 might have been available to or against, the Authority
25 in relation to the assets and liabilities assigned by
26 subsection (1) may be commenced by or against, or are
27 available to or against, the Minister for Works.
28 (3) On and after transition day, an act done or omitted to
29 be done in relation to the assets and liabilities assigned
30 by subsection (1) before the assignment, by, to or in
page 5
Public Works Amendment (WA Building Management Authority Abolition)
Bill 2019
Part 2 Public Works Act 1902 amended
s. 6
1 respect of the Authority is, to the extent that the act or
2 omission has any effect, to be taken to have been done
3 or omitted to be done by the Minister for Works.
4 128. Registration of documents
5 The relevant officials --
6 (a) must take notice of this Part; and
7 (b) must record and register in the appropriate
8 manner the documents necessary to show the
9 effect of this Part.
10 129. Authority to complete necessary transactions
11 (1) If an asset or liability of the Authority cannot be
12 properly assigned to the Minister for Works by the
13 operation of this Division (whether because the matter
14 is governed otherwise than by the law of the State or
15 for any other reason) --
16 (a) the Authority is to be taken to continue to hold
17 that asset or be liable for that liability until it is
18 effectively assigned to the Minister for Works
19 in accordance with this Division; and
20 (b) the Authority must take all practicable steps for
21 the purpose of ensuring that the asset or
22 liability is effectively assigned to the Minister
23 for Works in accordance with this Division.
24 (2) The fact that subsection (1)(a) applies to an asset or
25 liability that is to be assigned to the Minister for Works
26 under this Division does not affect the duty of the
27 accountable authority of the Department under the
28 Financial Management Act 2006.
29 (3) Despite section 125, the Authority continues in
30 existence for the purpose of performing the functions
31 described in subsection (1).
page 6
Public Works Amendment (WA Building Management Authority Abolition)
Bill 2019
Public Works Act 1902 amended Part 2
s. 6
1 (4) The Authority must perform those functions through a
2 person appointed by the Act Minister.
3 (5) The person holds office at the pleasure of the Act
4 Minister and on such terms and conditions as the Act
5 Minister determines.
6 (6) The Authority as continued by this section has the
7 powers that are necessary or convenient for the
8 purposes of this section.
9 130. Exemption from State tax
10 (1) In this section --
11 State tax includes --
12 (a) duty chargeable under the Duties Act 2008; and
13 (b) any other tax, duty, fee, levy or charge under a
14 law of the State.
15 (2) State tax is not payable in relation to --
16 (a) anything that occurs by operation of this Part;
17 or
18 (b) anything done (including a transaction entered
19 into or an instrument or document of any kind
20 made, executed, lodged or given) under this
21 Part, or to give effect to this Part, or for a
22 purpose connected with or arising out of giving
23 effect to this Part.
24 (3) The Act Minister may certify in writing that --
25 (a) a specified thing occurred by operation of this
26 Part; or
27 (b) a specified thing was done under this Part, or to
28 give effect to this Part, or for a purpose
29 connected with or arising out of giving effect to
30 this Part.
page 7
Public Works Amendment (WA Building Management Authority Abolition)
Bill 2019
Part 2 Public Works Act 1902 amended
s. 6
1 (4) For all purposes and in all proceedings, a certificate
2 under subsection (3) is sufficient evidence of the
3 matters it certifies unless the contrary is shown.
4 131. Operating accounts of Authority
5 (1) In this section --
6 former accounts means --
7 (a) the Western Australian Building Management
8 Authority Account referred to in section 9E(1)
9 of the former Act; and
10 (b) any other operating accounts of the Authority.
11 (2) On transition day, any money standing to the credit of
12 the former accounts must be credited to an operating
13 account of the Department and the former accounts
14 must then be closed.
15 (3) Money referred to in subsection (2) may be applied --
16 (a) in the payment of any liabilities of the former
17 accounts arising before transition day; and
18 (b) for the purposes of this Act.
19 (4) The operating account referred to in subsection (2)
20 must be credited with any money payable to the former
21 accounts before transition day that is paid on or after
22 that day.
23 (5) On and after transition day, any agreement, instrument
24 or other document that contains a reference to any of
25 the former accounts has effect as if the reference were
26 to the operating account referred to in subsection (2).
27 132. Investments
28 (1) Despite the repeal of Part IA of the former Act, the
29 investment of any funds of the Authority that was
30 authorised under section 9E(5) of the former Act
31 immediately before transition day continues on and
page 8
Public Works Amendment (WA Building Management Authority Abolition)
Bill 2019
Public Works Act 1902 amended Part 2
s. 6
1 after transition day to be authorised as if that section
2 had not been repealed.
3 (2) Funds referred to in subsection (1) that cease to be
4 invested as described in that subsection must be
5 credited to an operating account of the Department.
6 Division 4 -- Continuation of certain things
7 133. Completion of things done
8 Anything commenced to be done by the Authority
9 before transition day may be continued on and after
10 transition day by the Minister for Works so far as the
11 doing of the thing is within the functions of the
12 Minister for Works.
13 134. Continuing effect of things done
14 (1) This section applies in relation to an act done or
15 omitted to be done before transition day by, to or in
16 respect of the Authority to the extent that the act or
17 omission --
18 (a) has force or significance; and
19 (b) is not governed by another provision of this
20 Part.
21 (2) On and after transition day, the act or omission is to be
22 taken to have been done or omitted to be done by, to or
23 in respect of the Minister for Works so far as the act or
24 omission relates to the functions of the Minister for
25 Works.
26 135. Agreements, instruments, proceedings and remedies
27 generally
28 (1) On and after transition day, any agreement or
29 instrument that contains a reference to the Authority
30 has effect as if the reference were to the Minister for
page 9
Public Works Amendment (WA Building Management Authority Abolition)
Bill 2019
Part 2 Public Works Act 1902 amended
s. 6
1 Works so far as the reference relates to the functions of
2 the Minister for Works, unless the context otherwise
3 requires.
4 (2) Subsection (3) applies to any proceeding or remedy to
5 which section 127 does not apply.
6 (3) On and after transition day, any proceedings or remedy
7 that might have been commenced or continued by or
8 against, or might have been available to or against, the
9 Authority may be commenced or continued by or
10 against, or is available to or against, the Minister for
11 Works so far as the proceedings or remedy is in respect
12 of an act, matter or thing that is within the functions of
13 the Minister for Works.
14 Division 5 -- Other matters
15 136. Transitional regulations
16 (1) In this section --
17 publication day, for regulations made under
18 subsection (2), means the day on which those
19 regulations are published in the Gazette;
20 specified means specified or described in regulations
21 made under subsection (2);
22 transitional matter --
23 (a) means a matter of a transitional nature that
24 arises as a result of the enactment of the Public
25 Works Amendment (WA Building Management
26 Authority Abolition) Act 2019; and
27 (b) includes a saving or application matter.
page 10
Public Works Amendment (WA Building Management Authority Abolition)
Bill 2019
Public Works Act 1902 amended Part 2
s. 6
1 (2) If there is no sufficient provision in this Part for
2 dealing with a transitional matter, the Governor may
3 make regulations prescribing matters --
4 (a) required to be prescribed for the purpose of
5 dealing with the transitional matter; or
6 (b) necessary or convenient to be prescribed for the
7 purpose of dealing with the transitional matter.
8 (3) Regulations made under subsection (2) may provide
9 that specified provisions of this Act --
10 (a) do not apply to or in relation to a specified
11 matter; or
12 (b) apply with specified modifications to or in
13 relation to a specified matter.
14 (4) If regulations made under subsection (2) provide that a
15 specified state of affairs is to be taken to have existed,
16 or not to have existed, on and after a day that is earlier
17 than publication day for those regulations but not
18 earlier than transition day, the regulations have effect
19 according to their terms.
20 (5) If regulations made under subsection (2) contain a
21 provision referred to in subsection (4), the provision
22 does not operate so as --
23 (a) to affect in a manner prejudicial to a person
24 (other than the State or an authority of the
25 State) the rights of that person existing before
26 publication day for those regulations; or
27 (b) to impose liabilities on a person (other than the
28 State or an authority of the State) in respect of
29 an act done or omission made before
30 publication day for those regulations.
page 11
Public Works Amendment (WA Building Management Authority Abolition)
Bill 2019
Part 2 Public Works Act 1902 amended
s. 6
1 137. Effect on other instruments, rights and obligations
2 The operation of this Part must not be regarded --
3 (a) as a breach of contract or confidence or
4 otherwise as a civil wrong; or
5 (b) as a breach of any contractual provision
6 prohibiting, restricting or regulating the
7 assignment or transfer of assets, rights or
8 liabilities or the disclosure of information; or
9 (c) as giving rise to any remedy by a party to an
10 instrument, or as causing or permitting the
11 termination of any instrument, because of a
12 change in the beneficial or legal ownership of
13 any assets, rights or liabilities; or
14 (d) as causing any contract or instrument to be void
15 or otherwise unenforceable; or
16 (e) as releasing or allowing the release of any
17 surety.
18 138. Interpretation Act 1984 not affected
19 Except to the extent this Part expressly provides
20 differently, the Interpretation Act 1984 applies in
21 relation to the repeal of an enactment by the Public
22 Works Amendment (WA Building Management
23 Authority Abolition) Act 2019 Part 2.
24
page 12
Public Works Amendment (WA Building Management Authority Abolition)
Bill 2019
Financial Management Act 2006 amended Part 3
s. 7
1 Part 3 -- Financial Management Act 2006 amended
2 7. Act amended
3 This Part amends the Financial Management Act 2006.
4 8. Schedule 1 amended
5 In Schedule 1 delete "Western Australian Building Management
6 Authority".
7
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