Western Australian Current Acts Western Australian Current Acts (1) In this section
—
calculation regulations means the local
regulations specifying a method by which the amount of contribution is to be
calculated in any year;
CPI means —
(a) the
All Groups Consumer Price Index for Perth published by the Bureau of
Statistics established by the Australian Bureau of Statistics Act 1975
(Commonwealth) section 5(1); or
(b) if
the Bureau of Statistics does not publish the All Groups Consumer Price Index
for Perth — another similar index nominated by the Attorney General.
(2) The Board must pay
to the State an amount each year, in accordance with the local regulations, as
a contribution towards the cost of providing and maintaining the law library.
(3) The local
regulations must specify —
(a) the
amount of the contribution or the method by which the amount of the
contribution is to be calculated; and
(b) when
payment becomes due.
(4) An amendment to
the local regulations mentioned in subsection (3) must be made at least 7
months before the beginning of the financial year to which the amendment will
apply.
(5) Before an
amendment to the local regulations mentioned in subsection (3) is made, the
Attorney General must —
(a)
obtain the written agreement of the Board, the Law Society and the Western
Australian Bar Association to the proposed amendment; or
(b)
notify the Board, the Law Society and the Western Australian Bar Association
of the proposed amendment at least 9 months before the beginning of the first
financial year to which the proposed amendment is intended to apply and have
regard to any submissions made by those bodies.
(6) Unless agreement
is obtained as mentioned in subsection (5)(a), neither the local regulations
specifying an amount of contribution to be paid nor the calculation
regulations can be amended so as to increase the amount required to be paid in
any year to an amount that is greater than the amount that would have been
payable in that year, if calculated under the calculation regulations and
adjusted for any CPI increase plus 2.5% per annum, pro rata, from the day on
which the calculation regulations were made or last amended (whichever is
later) to the day of the proposed amendment.
(7) The payment must
be credited to an agency special purpose account, named the Law Library Fund,
established under the Financial Management Act 2006 section 16 and
administered by the department.
(8) The money in the
Law Library Fund must be applied —
(a) to
provide and maintain the law library; and
(b) to
provide library services to the persons mentioned in section 244(1); and
(c) for
other purposes prescribed by the local regulations.
(9) If this section
provides, or local regulations made under this section provide, for a levy,
the levy is imposed.
[Section 245 amended: No. 10 of 2022 s. 4.]