Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Statutes (Repeals and Minor Amendments)
Bill 2013
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Repeal
3. Year 2000 Information Disclosure Act 1999
repealed 3
Part 3 -- Amendments
Division 1 -- Amendments reflecting the
abolition of Local Courts
4. Genetically Modified Crops Free Areas Act 2003
amended 4
5. Residential Tenancies Act 1987 amended 4
Division 2 -- Amendments adopting the
terminology of the Criminal Procedure
Act 2004
6. Criminal Investigation (Identifying People)
Act 2002 amended 4
7. Petroleum (Submerged Lands) Act 1982 amended 5
8. Petroleum and Geothermal Energy Resources
Act 1967 amended 5
9. Petroleum Pipelines Act 1969 amended 5
10. Water Efficiency Labelling and Standards
Act 2006 amended 5
8--1 page i
Statutes (Repeals and Minor Amendments) Bill 2013
Contents
Division 3 -- Amendments reflecting changes in
nomenclature
Subdivision 1 -- Registrar of the Mentally Impaired
Accused Review Board
11. Electoral Act 1907 amended 6
12. Guardianship and Administration Act 1990
amended 7
13. Mental Health Act 1996 amended 7
Subdivision 2 -- Professional accountancy bodies
14. Commercial Tenancy (Retail Shops) Agreements
Act 1985 amended 7
15. Legal Profession Act 2008 amended 8
Subdivision 3 -- Other changes in nomenclature
16. Geraldton Sailors and Soldiers' Memorial Institute
Act 1929 amended 8
Division 4 -- Miscellaneous amendments
17. Bush Fires Act 1954 amended 8
18. Children and Community Services Act 2004
amended 9
19. Co-operatives Act 2009 amended 9
20. Credit Act 1984 amended 9
21. Fair Trading Act 1987 amended 10
22. Guardianship and Administration Act 1990
amended 10
23. Health Act 1911 amended 11
24. Health Services (Quality Improvement) Act 1994
amended 11
25. Hire-Purchase Act 1959 amended 11
26. Housing Act 1980 amended 11
27. Interpretation Act 1984 amended 12
28. Marketing of Potatoes Act 1946 amended 12
29. Mining Act 1978 amended 13
30. Owner-Drivers (Contracts and Disputes) Act 2007
amended 13
31. Petroleum Legislation Amendment and Repeal
Act 2005 amended 14
32. Professional Standards Act 1997 amended 14
33. Radiation Safety Act 1975 amended 14
34. Rail Safety Act 2010 amended 14
35. Road Traffic Act 1974 amended 15
page ii
Statutes (Repeals and Minor Amendments) Bill 2013
Contents
36. Road Traffic Legislation Amendment
(Disqualification by Notice) Act 2010 amended 15
37. Sentencing Act 1995 amended 15
38. Sentencing Legislation Amendment and Repeal
Act 2003 amended 16
39. Standardisation of Formatting Act 2010 amended 16
40. State Superannuation Act 2000 amended 17
41. State Trading Concerns Act 1916 amended 18
42. Transport Co-ordination Act 1966 amended 18
43. Warehousemen's Liens Act 1952 amended 18
44. Wildlife Conservation Act 1950 amended 18
page iii
Western Australia
LEGISLATIVE COUNCIL
Statutes (Repeals and Minor Amendments)
Bill 2013
A Bill for
An Act to amend the statute law by repealing or amending various
enactments.
The Parliament of Western Australia enacts as follows:
page 1
Statutes (Repeals and Minor Amendments) Bill 2013
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Statutes (Repeals and Minor Amendments) Act 2013.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
page 2
Statutes (Repeals and Minor Amendments) Bill 2013
Repeal Part 2
s. 3
1 Part 2 -- Repeal
2 3. Year 2000 Information Disclosure Act 1999 repealed
3 The Year 2000 Information Disclosure Act 1999 is repealed.
page 3
Statutes (Repeals and Minor Amendments) Bill 2013
Part 3 Amendments
Division 1 Amendments reflecting the abolition of Local Courts
s. 4
1 Part 3 -- Amendments
2 Division 1 -- Amendments reflecting the abolition of
3 Local Courts
4 4. Genetically Modified Crops Free Areas Act 2003 amended
5 (1) This section amends the Genetically Modified Crops Free Areas
6 Act 2003.
7 (2) In section 9(4) delete "a Local Court" and insert:
8
9 the Magistrates Court
10
11 5. Residential Tenancies Act 1987 amended
12 (1) This section amends the Residential Tenancies Act 1987.
13 (2) In section 15(2)(d) delete "a local court" and insert:
14
15 the Magistrates Court
16
17 Division 2 -- Amendments adopting the terminology of the
18 Criminal Procedure Act 2004
19 6. Criminal Investigation (Identifying People)
20 Act 2002 amended
21 (1) This section amends the Criminal Investigation (Identifying
22 People) Act 2002.
23 (2) In section 3(2)(a) delete "made or sworn a complaint in respect"
24 and insert:
25
26 commenced a prosecution
27
page 4
Statutes (Repeals and Minor Amendments) Bill 2013
Amendments Part 3
Amendments adopting the terminology of the Criminal Division 2
Procedure Act 2004
s. 7
1 7. Petroleum (Submerged Lands) Act 1982 amended
2 (1) This section amends the Petroleum (Submerged Lands)
3 Act 1982.
4 (2) In section 137A(1) delete "the complaint" and insert:
5
6 the charge of the offence
7
8 8. Petroleum and Geothermal Energy Resources Act 1967
9 amended
10 (1) This section amends the Petroleum and Geothermal Energy
11 Resources Act 1967.
12 (2) In section 126A(1) delete "the complaint" and insert:
13
14 the charge of the offence
15
16 9. Petroleum Pipelines Act 1969 amended
17 (1) This section amends the Petroleum Pipelines Act 1969.
18 (2) In section 66BB(1) delete "the complaint" and insert:
19
20 the charge of the offence
21
22 10. Water Efficiency Labelling and Standards Act 2006 amended
23 (1) This section amends the Water Efficiency Labelling and
24 Standards Act 2006.
25 (2) In section 40A(1)(b) delete "complaint" and insert:
26
27 charge
28
page 5
Statutes (Repeals and Minor Amendments) Bill 2013
Part 3 Amendments
Division 3 Amendments reflecting changes in nomenclature
s. 11
1 Division 3 -- Amendments reflecting changes in nomenclature
2 Subdivision 1 -- Registrar of the Mentally Impaired Accused
3 Review Board
4 11. Electoral Act 1907 amended
5 (1) This section amends the Electoral Act 1907.
6 (2) In section 59(1) delete the definition of secretary, Mentally
7 Impaired Accused Review Board.
8 (3) In section 59(1) insert in alphabetical order:
9
10 registrar, MIARB means the registrar of the Mentally
11 Impaired Accused Review Board established under the
12 Criminal Law (Mentally Impaired Accused) Act 1996;
13
14 (4) In section 59(1) in the definition of required information delete
15 "sex;" and insert:
16
17 sex.
18
19 (5) In section 59(2)(b) and (3)(b) delete "secretary, Mentally
20 Impaired Review Board" and insert:
21
22 registrar, MIARB
23
page 6
Statutes (Repeals and Minor Amendments) Bill 2013
Amendments Part 3
Amendments reflecting changes in nomenclature Division 3
s. 12
1 12. Guardianship and Administration Act 1990 amended
2 (1) This section amends the Guardianship and Administration
3 Act 1990.
4 (2) In section 98(1) delete "secretary" and insert:
5
6 registrar
7
8 13. Mental Health Act 1996 amended
9 (1) This section amends the Mental Health Act 1996.
10 (2) In section 44 delete "secretary" and insert:
11
12 registrar
13
14 (3) In section 94(1) delete "secretary" and insert:
15
16 registrar
17
18 Subdivision 2 -- Professional accountancy bodies
19 14. Commercial Tenancy (Retail Shops) Agreements
20 Act 1985 amended
21 (1) This section amends the Commercial Tenancy (Retail Shops)
22 Agreements Act 1985.
23 (2) In section 3 in the definition of accountant delete
24 paragraphs (b) and (c) and insert:
25
26 (b) CPA Australia Ltd; or
27 (c) the Institute of Public Accountants;
28
page 7
Statutes (Repeals and Minor Amendments) Bill 2013
Part 3 Amendments
Division 4 Miscellaneous amendments
s. 15
1 15. Legal Profession Act 2008 amended
2 (1) This section amends the Legal Profession Act 2008.
3 (2) In section 3 in the definition of accountant paragraph (c) delete
4 "National Institute of Accountants" and insert:
5
6 Institute of Public Accountants
7
8 Subdivision 3 -- Other changes in nomenclature
9 16. Geraldton Sailors and Soldiers' Memorial Institute
10 Act 1929 amended
11 (1) This section amends the Geraldton Sailors and Soldiers'
12 Memorial Institute Act 1929.
13 (2) In section 6(2) delete "the Returned Sailors' Soldiers' and
14 Airmen's Imperial League of Australia" and insert:
15
16 the Returned & Services League of Australia WA Branch
17 Incorporated
18
19 Division 4 -- Miscellaneous amendments
20 17. Bush Fires Act 1954 amended
21 (1) This section amends the Bush Fires Act 1954.
22 (2) In section 38(14) delete "this".
23 (3) In section 38(18):
24 (a) delete "(i) during" and insert:
25
26 (a) during
27
page 8
Statutes (Repeals and Minor Amendments) Bill 2013
Amendments Part 3
Miscellaneous amendments Division 4
s. 18
1 (b) delete "(ii) during" and insert:
2
3 (b) during
4
5 (4) In section 44 delete "(3)(a) Subject" and insert:
6
7 (3) Subject
8
9 18. Children and Community Services Act 2004 amended
10 (1) This section amends the Children and Community Services
11 Act 2004.
12 (2) In section 125A(3B) delete "Minister for Public Sector
13 Management," and insert:
14
15 Public Service Commissioner,
16
17 19. Co-operatives Act 2009 amended
18 (1) This section amends the Co-operatives Act 2009.
19 (2) In section 188(5) delete "subregulation (4)" and insert:
20
21 subsection (4)
22
23 20. Credit Act 1984 amended
24 (1) This section amends the Credit Act 1984.
25 (2) In section 19B(2)(a) and (b) delete "[reference date]," and
26 insert:
27
28 1 July 2010,
page 9
Statutes (Repeals and Minor Amendments) Bill 2013
Part 3 Amendments
Division 4 Miscellaneous amendments
s. 21
1
2 21. Fair Trading Act 1987 amended
3 (1) This section amends the Fair Trading Act 1987.
4 (2) In section 3C(3) delete "subsection (3)" and insert:
5
6 subsection (2)
7
8 22. Guardianship and Administration Act 1990 amended
9 (1) This section amends the Guardianship and Administration
10 Act 1990.
11 (2) In section 45(2)(d) delete "subsection (4)," and insert:
12
13 subsection (4A),
14
15 (3) In section 45 delete "(4) A plenary guardian cannot" and insert:
16
17 (4A) A plenary guardian cannot
18
19 (4) In section 76(3) delete "sections 50 and 53" and insert:
20
21 section 50
22
23 (5) In section 110G(1) delete "section 45(3) and (4)," and insert:
24
25 section 45(3), (4A) and (4),
26
page 10
Statutes (Repeals and Minor Amendments) Bill 2013
Amendments Part 3
Miscellaneous amendments Division 4
s. 23
1 23. Health Act 1911 amended
2 (1) This section amends the Health Act 1911.
3 (2) In section 3(1) delete the definition of public place and insert:
4
5 public place includes every place to which the public
6 ordinarily have access, whether by payment of fee or
7 not;
8
9 24. Health Services (Quality Improvement) Act 1994 amended
10 (1) This section amends the Health Services (Quality Improvement)
11 Act 1994.
12 (2) Delete section 12(2).
13 25. Hire-Purchase Act 1959 amended
14 (1) This section amends the Hire-Purchase Act 1959.
15 (2) In section 3(2)(e)(viii) delete "subparagraphs (i), (iii), (iv), (v),
16 (vi), (vii) and (viia)" and insert:
17
18 subparagraphs (i), (iii), (iv), (v) and (vi)
19
20 26. Housing Act 1980 amended
21 (1) This section amends the Housing Act 1980.
22 (2) Delete section 6(1) and insert:
23
24 (1) The body corporate constituted under the repealed Act
25 by the name "The State Housing Commission" is
26 preserved and continues in existence for the purposes
27 of this Act as a body corporate retaining the same
28 corporate identity.
29
page 11
Statutes (Repeals and Minor Amendments) Bill 2013
Part 3 Amendments
Division 4 Miscellaneous amendments
s. 27
1 27. Interpretation Act 1984 amended
2 (1) This section amends the Interpretation Act 1984.
3 (2) In section 13CA(2) in the Examples:
4 (a) delete ""Albany" and insert:
5
6 "Narrogin
7
8 (b) delete "Albany" and insert:
9
10 Narrogin
11
12 28. Marketing of Potatoes Act 1946 amended
13 (1) This section amends the Marketing of Potatoes Act 1946.
14 (2) Delete section 22(4)(d) and (e) and insert:
15
16 (d) either --
17 (i) that the person charged did not produce
18 to the inspector any sales docket,
19 delivery note or relevant consignment
20 advice from the grower; or
21 (ii) that the person charged produced to the
22 inspector a sales docket, delivery note
23 or relevant consignment advice but --
24 (I) it did not contain the prescribed
25 information; or
26 (II) it did not purport to have been
27 issued by or on behalf of the
28 Corporation or the holder of a
29 relevant permit under
30 section 25; or
page 12
Statutes (Repeals and Minor Amendments) Bill 2013
Amendments Part 3
Miscellaneous amendments Division 4
s. 29
1 (III) it was not in fact issued by or
2 on behalf of the Corporation or
3 the holder of a relevant permit
4 under section 25; or
5 (IV) the potatoes were not contained
6 in any bags or other containers,
7 or were not contained in bags
8 or other containers branded or
9 marked in accordance with
10 particulars shown in the sales
11 docket or delivery note or
12 relevant consignment advice,
13 or did not correspond with the
14 description given in the sales
15 docket or delivery note or
16 relevant consignment advice,
17
18 29. Mining Act 1978 amended
19 (1) This section amends the Mining Act 1978.
20 (2) In section 160AA in the Table delete "s. 94J".
21 30. Owner-Drivers (Contracts and Disputes) Act 2007 amended
22 (1) This section amends the Owner-Drivers (Contracts and
23 Disputes) Act 2007.
24 (2) In section 3 in the definition of Council delete "Road Transport
25 Freight Industry Council" and insert:
26
27 Road Freight Transport Industry Council
28
page 13
Statutes (Repeals and Minor Amendments) Bill 2013
Part 3 Amendments
Division 4 Miscellaneous amendments
s. 31
1 31. Petroleum Legislation Amendment and Repeal
2 Act 2005 amended
3 (1) This section amends the Petroleum Legislation Amendment and
4 Repeal Act 2005.
5 (2) Delete section 29(2).
6 32. Professional Standards Act 1997 amended
7 (1) This section amends the Professional Standards Act 1997.
8 (2) In section 34A(2) delete "limitation" and insert:
9
10 A limitation
11
12 33. Radiation Safety Act 1975 amended
13 (1) This section amends the Radiation Safety Act 1975.
14 (2) In section 4 delete the definitions of:
15 seller
16 the repealed Acts
17 (3) In section 4 in the definition of sell delete "accordingly;" and
18 insert:
19
20 accordingly.
21
22 34. Rail Safety Act 2010 amended
23 (1) This section amends the Rail Safety Act 2010.
24 (2) In section 40 in the Penalty paragraph (a) before "a fine" insert:
25
26 for a first offence,
27
page 14
Statutes (Repeals and Minor Amendments) Bill 2013
Amendments Part 3
Miscellaneous amendments Division 4
s. 35
1 35. Road Traffic Act 1974 amended
2 (1) This section amends the Road Traffic Act 1974.
3 (2) In section 22(5)(a) delete "Fund" and insert:
4
5 Account
6
7 Note: The heading to amended section 22 is to read:
8 Certain fees and charges to be credited to Main Roads Trust
9 Account
10 36. Road Traffic Legislation Amendment (Disqualification by
11 Notice) Act 2010 amended
12 (1) This section amends the Road Traffic Legislation Amendment
13 (Disqualification by Notice) Act 2010.
14 (2) Delete section 12(2)(c), (5)(d) and (7)(b).
15 37. Sentencing Act 1995 amended
16 (1) This section amends the Sentencing Act 1995.
17 (2) In section 46(b) delete "that it" and insert:
18
19 it
20
21 (3) In section 108(3) delete "the Passports Act 1938 of the
22 Commonwealth." and insert:
23
24 the Australian Passports Act 2005 (Commonwealth).
25
26 (4) In section 108(6) delete "Passport offence" and insert:
27
28 In this subsection --
29 passport offence
30
page 15
Statutes (Repeals and Minor Amendments) Bill 2013
Part 3 Amendments
Division 4 Miscellaneous amendments
s. 38
1 (5) In Schedule 1:
2 (a) in the heading column 2 delete "Person or fund" and
3 insert:
4
5 Person or account
6
7 (b) delete the row relating to:
8 Colleges Act 1978
9 38. Sentencing Legislation Amendment and Repeal Act 2003
10 amended
11 (1) This section amends the Sentencing Legislation Amendment and
12 Repeal Act 2003.
13 (2) Delete section 78.
14 39. Standardisation of Formatting Act 2010 amended
15 (1) This section amends the Standardisation of Formatting
16 Act 2010.
17 (2) In section 4 in the Table:
18 (a) in the row relating to the Fish Resources Management
19 Act 1994 Schedule 1 delete "Schedule 1";
20 (b) delete the row relating to the Occupational Safety and
21 Health Act 1984;
22 (c) delete the row relating to the Security and Related
23 Activities (Control) Act 1996;
24 (d) delete the row relating to the Shipping and Pilotage
25 Act 1967.
26 (3) In section 51 in the Table delete item 14.
page 16
Statutes (Repeals and Minor Amendments) Bill 2013
Amendments Part 3
Miscellaneous amendments Division 4
s. 40
1 (4) In section 51 in the Table in item 31 in the row relating to
2 section 55(5):
3 (a) in column 2 delete "or on termination";
4 (b) in column 3 delete "or (ii) on termination".
5 (5) In section 52(4) in the Table delete the rows relating to
6 sections 21(1), (2) and (3) and 39(2).
7 (6) In section 52(4) in the Table in the row relating to section 44(3):
8 (a) in column 2 delete "(3)(a) Where";
9 (b) in column 3 delete "(3) Where".
10 (7) In section 52(4) in the Table delete the rows relating to
11 sections 45 and 47.
12 (8) In section 52(4) in the Table in the row relating to section 64:
13 (a) in column 2 delete "section 21(2),";
14 (b) in column 3 delete "section 21(2A) and (2B),".
15 40. State Superannuation Act 2000 amended
16 (1) This section amends the State Superannuation Act 2000.
17 (2) Delete section 30(2) and insert:
18
19 (2) An Employer may make superannuation contributions
20 for persons who work for the Employer to a
21 superannuation fund or scheme other than --
22 (a) a scheme under this Act; or
23 (b) a superannuation scheme or fund established in
24 accordance with subsection (1); or
25 (c) a superannuation scheme or fund established
26 before 28 December 1989,
27 if the Treasurer has approved the making of those
28 contributions.
29
page 17
Statutes (Repeals and Minor Amendments) Bill 2013
Part 3 Amendments
Division 4 Miscellaneous amendments
s. 41
1 41. State Trading Concerns Act 1916 amended
2 (1) This section amends the State Trading Concerns Act 1916.
3 (2) Delete section 8(2).
4 (3) Delete section 26.
5 42. Transport Co-ordination Act 1966 amended
6 (1) This section amends the Transport Co-ordination Act 1966.
7 (2) In section 4(1) in the definition of owner paragraph (ab) delete
8 "a person who".
9 43. Warehousemen's Liens Act 1952 amended
10 (1) This section amends the Warehousemen's Liens Act 1952.
11 (2) In section 13 delete "section 9" and insert:
12
13 section 10(2A)
14
15 44. Wildlife Conservation Act 1950 amended
16 (1) This section amends the Wildlife Conservation Act 1950.
17 (2) In section 16(1) delete "subsection (1)" and insert:
18
19 section 14(1)
20
21
[Index] [Search] [Download] [Related Items] [Help]