❓ Hon George Cash asked the Deputy Premier about Acts of Parliament under their responsibility that have been only partially proclaimed. The answer details specific unproclaimed sections in several Acts and explains the reasons for their delayed proclamation, including redundancy, alternative solutions, and pending legislative changes.
AnsweredQoN 1419Legislative Council
QuestionView source ↗
(1) Are there any Acts of Parliament within your Ministerial responsibility that have only been partially proclaimed?
(2) If so, will you provide the relevant unproclaimed sections and the reasons for not proclaiming these sections?
(2) If so, will you provide the relevant unproclaimed sections and the reasons for not proclaiming these sections?
AnswerView source ↗
Answered
11 December 2003
Responded by
Minister for Local Government and Regional Development representing the Deputy Premier
Response time
23 days
(1) Yes. (2) State Trading Concerns Act Amendment Act (No. 1) 1932 The unproclaimed Act is now redundant. Its purpose was to abolish the State Implement and Engineering Works as a 'concern' by removing it from the schedule of the Act. The State Implement and Engineering Works was replaced by the State Engineering Works, which was established under the State Engineering Works Act 1984. This Act was subsequently repealed in 1988. Bank of Western Australia Act 1995 (section 11) This section made provision for Chapter 7 of the Corporations Law – which deals with prospectuses – to apply to the Bank, its directors and shares in the event of a public float being undertaken while the bank was government-owned. Subsequently, the then government choose a trade sale in preference to a public float with the buyer, the Bank of Scotland, agreeing to undertake a partial public float. Consequently, there was no need for the section to be proclaimed. Taxation Administration Act Section 127 - will be proclaimed on 2 January 2004. This section requires the publication of all practices of the Commissioner before he can establish or direct that they be observed. The delay in proclamation was to allow sufficient time for the Commissioner to identify, document and publish all practices. Other unproclaimed sections are section 34(2)(c), (4) and (5), 41(2) and (4), 47(8), 48, 56(3), 59 and the definition of 'non-reviewable' in the Glossary. These sections relate to appeals to the Small Claims Tribunal in respect of non-reviewable decisions and have not been proclaimed due to the need for consequential amendments to the Small Claims Tribunal Act and the implementation by the Tribunal of the necessary administrative arrangements. Given the further amendments proposed to these powers as part of the State Administrative Tribunal legislation, it was considered appropriate to delay the commencement of the provisions. Office of Energy (1) Yes, Energy Legislation Amendment Act 2003 (2) Please refer to the table attached. See tabled paper.
(2) State Trading Concerns Act Amendment Act (No. 1) 1932 The unproclaimed Act is now redundant. Its purpose was to abolish the State Implement and Engineering Works as a 'concern' by removing it from the schedule of the Act. The State Implement and Engineering Works was replaced by the State Engineering Works, which was established under the State Engineering Works Act 1984. This Act was subsequently repealed in 1988. Bank of Western Australia Act 1995 (section 11) This section made provision for Chapter 7 of the Corporations Law – which deals with prospectuses – to apply to the Bank, its directors and shares in the event of a public float being undertaken while the bank was government-owned. Subsequently, the then government choose a trade sale in preference to a public float with the buyer, the Bank of Scotland, agreeing to undertake a partial public float. Consequently, there was no need for the section to be proclaimed. Taxation Administration Act Section 127 - will be proclaimed on 2 January 2004. This section requires the publication of all practices of the Commissioner before he can establish or direct that they be observed. The delay in proclamation was to allow sufficient time for the Commissioner to identify, document and publish all practices. Other unproclaimed sections are section 34(2)(c), (4) and (5), 41(2) and (4), 47(8), 48, 56(3), 59 and the definition of 'non-reviewable' in the Glossary. These sections relate to appeals to the Small Claims Tribunal in respect of non-reviewable decisions and have not been proclaimed due to the need for consequential amendments to the Small Claims Tribunal Act and the implementation by the Tribunal of the necessary administrative arrangements. Given the further amendments proposed to these powers as part of the State Administrative Tribunal legislation, it was considered appropriate to delay the commencement of the provisions. Office of Energy (1) Yes, Energy Legislation Amendment Act 2003 (2) Please refer to the table attached. See tabled paper.
The unproclaimed Act is now redundant. Its purpose was to abolish the State Implement and Engineering Works as a 'concern' by removing it from the schedule of the Act. The State Implement and Engineering Works was replaced by the State Engineering Works, which was established under the State Engineering Works Act 1984. This Act was subsequently repealed in 1988. Bank of Western Australia Act 1995 (section 11) This section made provision for Chapter 7 of the Corporations Law – which deals with prospectuses – to apply to the Bank, its directors and shares in the event of a public float being undertaken while the bank was government-owned. Subsequently, the then government choose a trade sale in preference to a public float with the buyer, the Bank of Scotland, agreeing to undertake a partial public float. Consequently, there was no need for the section to be proclaimed. Taxation Administration Act Section 127 - will be proclaimed on 2 January 2004. This section requires the publication of all practices of the Commissioner before he can establish or direct that they be observed. The delay in proclamation was to allow sufficient time for the Commissioner to identify, document and publish all practices. Other unproclaimed sections are section 34(2)(c), (4) and (5), 41(2) and (4), 47(8), 48, 56(3), 59 and the definition of 'non-reviewable' in the Glossary. These sections relate to appeals to the Small Claims Tribunal in respect of non-reviewable decisions and have not been proclaimed due to the need for consequential amendments to the Small Claims Tribunal Act and the implementation by the Tribunal of the necessary administrative arrangements. Given the further amendments proposed to these powers as part of the State Administrative Tribunal legislation, it was considered appropriate to delay the commencement of the provisions. Office of Energy (1) Yes, Energy Legislation Amendment Act 2003 (2) Please refer to the table attached. See tabled paper.
Bank of Western Australia Act 1995 (section 11) This section made provision for Chapter 7 of the Corporations Law – which deals with prospectuses – to apply to the Bank, its directors and shares in the event of a public float being undertaken while the bank was government-owned. Subsequently, the then government choose a trade sale in preference to a public float with the buyer, the Bank of Scotland, agreeing to undertake a partial public float. Consequently, there was no need for the section to be proclaimed. Taxation Administration Act Section 127 - will be proclaimed on 2 January 2004. This section requires the publication of all practices of the Commissioner before he can establish or direct that they be observed. The delay in proclamation was to allow sufficient time for the Commissioner to identify, document and publish all practices. Other unproclaimed sections are section 34(2)(c), (4) and (5), 41(2) and (4), 47(8), 48, 56(3), 59 and the definition of 'non-reviewable' in the Glossary. These sections relate to appeals to the Small Claims Tribunal in respect of non-reviewable decisions and have not been proclaimed due to the need for consequential amendments to the Small Claims Tribunal Act and the implementation by the Tribunal of the necessary administrative arrangements. Given the further amendments proposed to these powers as part of the State Administrative Tribunal legislation, it was considered appropriate to delay the commencement of the provisions. Office of Energy (1) Yes, Energy Legislation Amendment Act 2003 (2) Please refer to the table attached. See tabled paper.
This section made provision for Chapter 7 of the Corporations Law – which deals with prospectuses – to apply to the Bank, its directors and shares in the event of a public float being undertaken while the bank was government-owned. Subsequently, the then government choose a trade sale in preference to a public float with the buyer, the Bank of Scotland, agreeing to undertake a partial public float. Consequently, there was no need for the section to be proclaimed. Taxation Administration Act Section 127 - will be proclaimed on 2 January 2004. This section requires the publication of all practices of the Commissioner before he can establish or direct that they be observed. The delay in proclamation was to allow sufficient time for the Commissioner to identify, document and publish all practices. Other unproclaimed sections are section 34(2)(c), (4) and (5), 41(2) and (4), 47(8), 48, 56(3), 59 and the definition of 'non-reviewable' in the Glossary. These sections relate to appeals to the Small Claims Tribunal in respect of non-reviewable decisions and have not been proclaimed due to the need for consequential amendments to the Small Claims Tribunal Act and the implementation by the Tribunal of the necessary administrative arrangements. Given the further amendments proposed to these powers as part of the State Administrative Tribunal legislation, it was considered appropriate to delay the commencement of the provisions. Office of Energy (1) Yes, Energy Legislation Amendment Act 2003 (2) Please refer to the table attached. See tabled paper.
Taxation Administration Act Section 127 - will be proclaimed on 2 January 2004. This section requires the publication of all practices of the Commissioner before he can establish or direct that they be observed. The delay in proclamation was to allow sufficient time for the Commissioner to identify, document and publish all practices. Other unproclaimed sections are section 34(2)(c), (4) and (5), 41(2) and (4), 47(8), 48, 56(3), 59 and the definition of 'non-reviewable' in the Glossary. These sections relate to appeals to the Small Claims Tribunal in respect of non-reviewable decisions and have not been proclaimed due to the need for consequential amendments to the Small Claims Tribunal Act and the implementation by the Tribunal of the necessary administrative arrangements. Given the further amendments proposed to these powers as part of the State Administrative Tribunal legislation, it was considered appropriate to delay the commencement of the provisions. Office of Energy (1) Yes, Energy Legislation Amendment Act 2003 (2) Please refer to the table attached. See tabled paper.
Section 127 - will be proclaimed on 2 January 2004. This section requires the publication of all practices of the Commissioner before he can establish or direct that they be observed. The delay in proclamation was to allow sufficient time for the Commissioner to identify, document and publish all practices. Other unproclaimed sections are section 34(2)(c), (4) and (5), 41(2) and (4), 47(8), 48, 56(3), 59 and the definition of 'non-reviewable' in the Glossary. These sections relate to appeals to the Small Claims Tribunal in respect of non-reviewable decisions and have not been proclaimed due to the need for consequential amendments to the Small Claims Tribunal Act and the implementation by the Tribunal of the necessary administrative arrangements. Given the further amendments proposed to these powers as part of the State Administrative Tribunal legislation, it was considered appropriate to delay the commencement of the provisions. Office of Energy (1) Yes, Energy Legislation Amendment Act 2003 (2) Please refer to the table attached. See tabled paper.
Other unproclaimed sections are section 34(2)(c), (4) and (5), 41(2) and (4), 47(8), 48, 56(3), 59 and the definition of 'non-reviewable' in the Glossary. These sections relate to appeals to the Small Claims Tribunal in respect of non-reviewable decisions and have not been proclaimed due to the need for consequential amendments to the Small Claims Tribunal Act and the implementation by the Tribunal of the necessary administrative arrangements. Given the further amendments proposed to these powers as part of the State Administrative Tribunal legislation, it was considered appropriate to delay the commencement of the provisions. Office of Energy (1) Yes, Energy Legislation Amendment Act 2003 (2) Please refer to the table attached. See tabled paper.
Office of Energy (1) Yes, Energy Legislation Amendment Act 2003 (2) Please refer to the table attached. See tabled paper.
(1) Yes, Energy Legislation Amendment Act 2003 (2) Please refer to the table attached. See tabled paper.
(2) Please refer to the table attached. See tabled paper.
(2) State Trading Concerns Act Amendment Act (No. 1) 1932 The unproclaimed Act is now redundant. Its purpose was to abolish the State Implement and Engineering Works as a 'concern' by removing it from the schedule of the Act. The State Implement and Engineering Works was replaced by the State Engineering Works, which was established under the State Engineering Works Act 1984. This Act was subsequently repealed in 1988. Bank of Western Australia Act 1995 (section 11) This section made provision for Chapter 7 of the Corporations Law – which deals with prospectuses – to apply to the Bank, its directors and shares in the event of a public float being undertaken while the bank was government-owned. Subsequently, the then government choose a trade sale in preference to a public float with the buyer, the Bank of Scotland, agreeing to undertake a partial public float. Consequently, there was no need for the section to be proclaimed. Taxation Administration Act Section 127 - will be proclaimed on 2 January 2004. This section requires the publication of all practices of the Commissioner before he can establish or direct that they be observed. The delay in proclamation was to allow sufficient time for the Commissioner to identify, document and publish all practices. Other unproclaimed sections are section 34(2)(c), (4) and (5), 41(2) and (4), 47(8), 48, 56(3), 59 and the definition of 'non-reviewable' in the Glossary. These sections relate to appeals to the Small Claims Tribunal in respect of non-reviewable decisions and have not been proclaimed due to the need for consequential amendments to the Small Claims Tribunal Act and the implementation by the Tribunal of the necessary administrative arrangements. Given the further amendments proposed to these powers as part of the State Administrative Tribunal legislation, it was considered appropriate to delay the commencement of the provisions. Office of Energy (1) Yes, Energy Legislation Amendment Act 2003 (2) Please refer to the table attached. See tabled paper.
The unproclaimed Act is now redundant. Its purpose was to abolish the State Implement and Engineering Works as a 'concern' by removing it from the schedule of the Act. The State Implement and Engineering Works was replaced by the State Engineering Works, which was established under the State Engineering Works Act 1984. This Act was subsequently repealed in 1988. Bank of Western Australia Act 1995 (section 11) This section made provision for Chapter 7 of the Corporations Law – which deals with prospectuses – to apply to the Bank, its directors and shares in the event of a public float being undertaken while the bank was government-owned. Subsequently, the then government choose a trade sale in preference to a public float with the buyer, the Bank of Scotland, agreeing to undertake a partial public float. Consequently, there was no need for the section to be proclaimed. Taxation Administration Act Section 127 - will be proclaimed on 2 January 2004. This section requires the publication of all practices of the Commissioner before he can establish or direct that they be observed. The delay in proclamation was to allow sufficient time for the Commissioner to identify, document and publish all practices. Other unproclaimed sections are section 34(2)(c), (4) and (5), 41(2) and (4), 47(8), 48, 56(3), 59 and the definition of 'non-reviewable' in the Glossary. These sections relate to appeals to the Small Claims Tribunal in respect of non-reviewable decisions and have not been proclaimed due to the need for consequential amendments to the Small Claims Tribunal Act and the implementation by the Tribunal of the necessary administrative arrangements. Given the further amendments proposed to these powers as part of the State Administrative Tribunal legislation, it was considered appropriate to delay the commencement of the provisions. Office of Energy (1) Yes, Energy Legislation Amendment Act 2003 (2) Please refer to the table attached. See tabled paper.
Bank of Western Australia Act 1995 (section 11) This section made provision for Chapter 7 of the Corporations Law – which deals with prospectuses – to apply to the Bank, its directors and shares in the event of a public float being undertaken while the bank was government-owned. Subsequently, the then government choose a trade sale in preference to a public float with the buyer, the Bank of Scotland, agreeing to undertake a partial public float. Consequently, there was no need for the section to be proclaimed. Taxation Administration Act Section 127 - will be proclaimed on 2 January 2004. This section requires the publication of all practices of the Commissioner before he can establish or direct that they be observed. The delay in proclamation was to allow sufficient time for the Commissioner to identify, document and publish all practices. Other unproclaimed sections are section 34(2)(c), (4) and (5), 41(2) and (4), 47(8), 48, 56(3), 59 and the definition of 'non-reviewable' in the Glossary. These sections relate to appeals to the Small Claims Tribunal in respect of non-reviewable decisions and have not been proclaimed due to the need for consequential amendments to the Small Claims Tribunal Act and the implementation by the Tribunal of the necessary administrative arrangements. Given the further amendments proposed to these powers as part of the State Administrative Tribunal legislation, it was considered appropriate to delay the commencement of the provisions. Office of Energy (1) Yes, Energy Legislation Amendment Act 2003 (2) Please refer to the table attached. See tabled paper.
This section made provision for Chapter 7 of the Corporations Law – which deals with prospectuses – to apply to the Bank, its directors and shares in the event of a public float being undertaken while the bank was government-owned. Subsequently, the then government choose a trade sale in preference to a public float with the buyer, the Bank of Scotland, agreeing to undertake a partial public float. Consequently, there was no need for the section to be proclaimed. Taxation Administration Act Section 127 - will be proclaimed on 2 January 2004. This section requires the publication of all practices of the Commissioner before he can establish or direct that they be observed. The delay in proclamation was to allow sufficient time for the Commissioner to identify, document and publish all practices. Other unproclaimed sections are section 34(2)(c), (4) and (5), 41(2) and (4), 47(8), 48, 56(3), 59 and the definition of 'non-reviewable' in the Glossary. These sections relate to appeals to the Small Claims Tribunal in respect of non-reviewable decisions and have not been proclaimed due to the need for consequential amendments to the Small Claims Tribunal Act and the implementation by the Tribunal of the necessary administrative arrangements. Given the further amendments proposed to these powers as part of the State Administrative Tribunal legislation, it was considered appropriate to delay the commencement of the provisions. Office of Energy (1) Yes, Energy Legislation Amendment Act 2003 (2) Please refer to the table attached. See tabled paper.
Taxation Administration Act Section 127 - will be proclaimed on 2 January 2004. This section requires the publication of all practices of the Commissioner before he can establish or direct that they be observed. The delay in proclamation was to allow sufficient time for the Commissioner to identify, document and publish all practices. Other unproclaimed sections are section 34(2)(c), (4) and (5), 41(2) and (4), 47(8), 48, 56(3), 59 and the definition of 'non-reviewable' in the Glossary. These sections relate to appeals to the Small Claims Tribunal in respect of non-reviewable decisions and have not been proclaimed due to the need for consequential amendments to the Small Claims Tribunal Act and the implementation by the Tribunal of the necessary administrative arrangements. Given the further amendments proposed to these powers as part of the State Administrative Tribunal legislation, it was considered appropriate to delay the commencement of the provisions. Office of Energy (1) Yes, Energy Legislation Amendment Act 2003 (2) Please refer to the table attached. See tabled paper.
Section 127 - will be proclaimed on 2 January 2004. This section requires the publication of all practices of the Commissioner before he can establish or direct that they be observed. The delay in proclamation was to allow sufficient time for the Commissioner to identify, document and publish all practices. Other unproclaimed sections are section 34(2)(c), (4) and (5), 41(2) and (4), 47(8), 48, 56(3), 59 and the definition of 'non-reviewable' in the Glossary. These sections relate to appeals to the Small Claims Tribunal in respect of non-reviewable decisions and have not been proclaimed due to the need for consequential amendments to the Small Claims Tribunal Act and the implementation by the Tribunal of the necessary administrative arrangements. Given the further amendments proposed to these powers as part of the State Administrative Tribunal legislation, it was considered appropriate to delay the commencement of the provisions. Office of Energy (1) Yes, Energy Legislation Amendment Act 2003 (2) Please refer to the table attached. See tabled paper.
Other unproclaimed sections are section 34(2)(c), (4) and (5), 41(2) and (4), 47(8), 48, 56(3), 59 and the definition of 'non-reviewable' in the Glossary. These sections relate to appeals to the Small Claims Tribunal in respect of non-reviewable decisions and have not been proclaimed due to the need for consequential amendments to the Small Claims Tribunal Act and the implementation by the Tribunal of the necessary administrative arrangements. Given the further amendments proposed to these powers as part of the State Administrative Tribunal legislation, it was considered appropriate to delay the commencement of the provisions. Office of Energy (1) Yes, Energy Legislation Amendment Act 2003 (2) Please refer to the table attached. See tabled paper.
Office of Energy (1) Yes, Energy Legislation Amendment Act 2003 (2) Please refer to the table attached. See tabled paper.
(1) Yes, Energy Legislation Amendment Act 2003 (2) Please refer to the table attached. See tabled paper.
(2) Please refer to the table attached. See tabled paper.
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