A WA parliamentary question addresses the need for legislative ratification of a variation to the Alcoa/Wagerup state agreement. The Minister confirms the variation, notes past practices, and states that no bill is needed due to existing agreement clauses and tabling in parliament.

AnsweredQoN 306Legislative Council
Asked
10 May 2007
Portfolio
State Development

QuestionView source ↗

ALCOA - VARIATION TO STATE AGREEMENT ACT
I refer to the agreement dated 25 March 2007 between the Premier and Alcoa of Australia Ltd. (1) Does the agreement seek to vary the state agreement ratified by the Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978? (2) Have previous variations to that state agreement act been ratified by amending legislation? (3) Does the government intend to introduce a bill to ratify the variation proposed by the agreement of 25 March 2007? (4) If not, why not? Hon KATE DOUST

AnswerView source ↗

I thank the honourable member for some notice of this question. (1) Yes. (2) A ratified variation, No 86 of 1987, of the Alumina Refinery Agreement Act 1961 - the principal agreement - the Alumina Refinery (Pinjarra) Agreement Act 1969 and the Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978 received royal assent on 9 December 1987. A non-ratified variation to the Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978 came into effect on 28 June 2000, following a tabling process in the Parliament. (3) No. (4) Based on legal advice, the variation agreement signed by the state and Alcoa on 25 March 2007 meets the requirements of clause 28 of the principal agreement, which provides for varying any of the provisions of the Wagerup agreement by agreement in writing between the parties, subject to completion of a tabling process in both houses of Parliament for 12 sitting days. The variation was tabled in the Legislative Council on 1 May 2007 and in the Legislative Assembly on 8 May 2007.
(1) Does the agreement seek to vary the state agreement ratified by the Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978? (2) Have previous variations to that state agreement act been ratified by amending legislation? (3) Does the government intend to introduce a bill to ratify the variation proposed by the agreement of 25 March 2007? (4) If not, why not? Hon KATE DOUST replied: I thank the honourable member for some notice of this question. (1) Yes. (2) A ratified variation, No 86 of 1987, of the Alumina Refinery Agreement Act 1961 - the principal agreement - the Alumina Refinery (Pinjarra) Agreement Act 1969 and the Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978 received royal assent on 9 December 1987. A non-ratified variation to the Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978 came into effect on 28 June 2000, following a tabling process in the Parliament. (3) No. (4) Based on legal advice, the variation agreement signed by the state and Alcoa on 25 March 2007 meets the requirements of clause 28 of the principal agreement, which provides for varying any of the provisions of the Wagerup agreement by agreement in writing between the parties, subject to completion of a tabling process in both houses of Parliament for 12 sitting days. The variation was tabled in the Legislative Council on 1 May 2007 and in the Legislative Assembly on 8 May 2007.
(2) Have previous variations to that state agreement act been ratified by amending legislation? (3) Does the government intend to introduce a bill to ratify the variation proposed by the agreement of 25 March 2007? (4) If not, why not? Hon KATE DOUST replied: I thank the honourable member for some notice of this question. (1) Yes. (2) A ratified variation, No 86 of 1987, of the Alumina Refinery Agreement Act 1961 - the principal agreement - the Alumina Refinery (Pinjarra) Agreement Act 1969 and the Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978 received royal assent on 9 December 1987. A non-ratified variation to the Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978 came into effect on 28 June 2000, following a tabling process in the Parliament. (3) No. (4) Based on legal advice, the variation agreement signed by the state and Alcoa on 25 March 2007 meets the requirements of clause 28 of the principal agreement, which provides for varying any of the provisions of the Wagerup agreement by agreement in writing between the parties, subject to completion of a tabling process in both houses of Parliament for 12 sitting days. The variation was tabled in the Legislative Council on 1 May 2007 and in the Legislative Assembly on 8 May 2007.
(3) Does the government intend to introduce a bill to ratify the variation proposed by the agreement of 25 March 2007? (4) If not, why not? Hon KATE DOUST replied: I thank the honourable member for some notice of this question. (1) Yes. (2) A ratified variation, No 86 of 1987, of the Alumina Refinery Agreement Act 1961 - the principal agreement - the Alumina Refinery (Pinjarra) Agreement Act 1969 and the Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978 received royal assent on 9 December 1987. A non-ratified variation to the Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978 came into effect on 28 June 2000, following a tabling process in the Parliament. (3) No. (4) Based on legal advice, the variation agreement signed by the state and Alcoa on 25 March 2007 meets the requirements of clause 28 of the principal agreement, which provides for varying any of the provisions of the Wagerup agreement by agreement in writing between the parties, subject to completion of a tabling process in both houses of Parliament for 12 sitting days. The variation was tabled in the Legislative Council on 1 May 2007 and in the Legislative Assembly on 8 May 2007.
(4) If not, why not? Hon KATE DOUST replied: I thank the honourable member for some notice of this question. (1) Yes. (2) A ratified variation, No 86 of 1987, of the Alumina Refinery Agreement Act 1961 - the principal agreement - the Alumina Refinery (Pinjarra) Agreement Act 1969 and the Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978 received royal assent on 9 December 1987. A non-ratified variation to the Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978 came into effect on 28 June 2000, following a tabling process in the Parliament. (3) No. (4) Based on legal advice, the variation agreement signed by the state and Alcoa on 25 March 2007 meets the requirements of clause 28 of the principal agreement, which provides for varying any of the provisions of the Wagerup agreement by agreement in writing between the parties, subject to completion of a tabling process in both houses of Parliament for 12 sitting days. The variation was tabled in the Legislative Council on 1 May 2007 and in the Legislative Assembly on 8 May 2007.
Hon KATE DOUST replied: I thank the honourable member for some notice of this question. (1) Yes. (2) A ratified variation, No 86 of 1987, of the Alumina Refinery Agreement Act 1961 - the principal agreement - the Alumina Refinery (Pinjarra) Agreement Act 1969 and the Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978 received royal assent on 9 December 1987. A non-ratified variation to the Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978 came into effect on 28 June 2000, following a tabling process in the Parliament. (3) No. (4) Based on legal advice, the variation agreement signed by the state and Alcoa on 25 March 2007 meets the requirements of clause 28 of the principal agreement, which provides for varying any of the provisions of the Wagerup agreement by agreement in writing between the parties, subject to completion of a tabling process in both houses of Parliament for 12 sitting days. The variation was tabled in the Legislative Council on 1 May 2007 and in the Legislative Assembly on 8 May 2007.
I thank the honourable member for some notice of this question. (1) Yes. (2) A ratified variation, No 86 of 1987, of the Alumina Refinery Agreement Act 1961 - the principal agreement - the Alumina Refinery (Pinjarra) Agreement Act 1969 and the Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978 received royal assent on 9 December 1987. A non-ratified variation to the Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978 came into effect on 28 June 2000, following a tabling process in the Parliament. (3) No. (4) Based on legal advice, the variation agreement signed by the state and Alcoa on 25 March 2007 meets the requirements of clause 28 of the principal agreement, which provides for varying any of the provisions of the Wagerup agreement by agreement in writing between the parties, subject to completion of a tabling process in both houses of Parliament for 12 sitting days. The variation was tabled in the Legislative Council on 1 May 2007 and in the Legislative Assembly on 8 May 2007.
(1) Yes. (2) A ratified variation, No 86 of 1987, of the Alumina Refinery Agreement Act 1961 - the principal agreement - the Alumina Refinery (Pinjarra) Agreement Act 1969 and the Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978 received royal assent on 9 December 1987. A non-ratified variation to the Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978 came into effect on 28 June 2000, following a tabling process in the Parliament. (3) No. (4) Based on legal advice, the variation agreement signed by the state and Alcoa on 25 March 2007 meets the requirements of clause 28 of the principal agreement, which provides for varying any of the provisions of the Wagerup agreement by agreement in writing between the parties, subject to completion of a tabling process in both houses of Parliament for 12 sitting days. The variation was tabled in the Legislative Council on 1 May 2007 and in the Legislative Assembly on 8 May 2007.
(2) A ratified variation, No 86 of 1987, of the Alumina Refinery Agreement Act 1961 - the principal agreement - the Alumina Refinery (Pinjarra) Agreement Act 1969 and the Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978 received royal assent on 9 December 1987. A non-ratified variation to the Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978 came into effect on 28 June 2000, following a tabling process in the Parliament. (3) No. (4) Based on legal advice, the variation agreement signed by the state and Alcoa on 25 March 2007 meets the requirements of clause 28 of the principal agreement, which provides for varying any of the provisions of the Wagerup agreement by agreement in writing between the parties, subject to completion of a tabling process in both houses of Parliament for 12 sitting days. The variation was tabled in the Legislative Council on 1 May 2007 and in the Legislative Assembly on 8 May 2007.
(3) No. (4) Based on legal advice, the variation agreement signed by the state and Alcoa on 25 March 2007 meets the requirements of clause 28 of the principal agreement, which provides for varying any of the provisions of the Wagerup agreement by agreement in writing between the parties, subject to completion of a tabling process in both houses of Parliament for 12 sitting days. The variation was tabled in the Legislative Council on 1 May 2007 and in the Legislative Assembly on 8 May 2007.
(4) Based on legal advice, the variation agreement signed by the state and Alcoa on 25 March 2007 meets the requirements of clause 28 of the principal agreement, which provides for varying any of the provisions of the Wagerup agreement by agreement in writing between the parties, subject to completion of a tabling process in both houses of Parliament for 12 sitting days. The variation was tabled in the Legislative Council on 1 May 2007 and in the Legislative Assembly on 8 May 2007.

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