❓ This WA parliamentary question seeks clarification on the proclamation status of several Acts and the reasons for non-proclamation of certain sections. The Attorney General's response details specific sections not yet proclaimed and explains the reasons, often due to conflicts with Commonwealth legislation, anomalies, or redundancy.
AnsweredQoN 5462Legislative Council
QuestionView source ↗
(a) proclaimed at all; or
(b) proclaimed in part?
(2) In each case referred to in (1a) and (1b), what is the reason for the non-proclamation?
(b) proclaimed in part?
(2) In each case referred to in (1a) and (1b), what is the reason for the non-proclamation?
AnswerView source ↗
Answered
17 October 2007
Responded by
Minister for Child Protection representing the Attorney General
Response time
29 days
DEPARTMENT OF THE ATTORNEY GENERAL
(1a) Nil.
(1b) & (2) Part proclamation for the following Acts:
Commonwealth Powers (De Facto Relationships) Act 2006
- only sections 1 and 2 proclaimed. The Commonwealth Government is not prepared to act upon this State's reference of power in relation to certain superannuation matters arising out of the breakdown of de facto relationships.
Family Legislation Amendment Act 2006
- Part 4 not yet proclaimed. Part 4 makes amendments about the interaction between family law and bankruptcy law. The Part cannot be proclaimed until the Commonwealth amends the
Bankruptcy Act 1966
(Cth) to vest power in relation to bankruptcy in the Family Court of Western Australia.
Commissioner for Children and Young People Act 2006
- Sections 1 and 2 proclaimed. The remaining provisions of the Act are proposed to be proclaimed after the appointment of the Commissioner.
Criminal Investigation Act 2006
- All provision proclaimed except for section 113. The purpose of section 113 is to ensure photos of people who have been subject to a forensic procedure are not distributed via email or published in the media. Section 113 was not proclaimed as it contains an anomaly which would outlaw the supply of any photographs to any person, even other police officers or DPP acting in the course of their duty. The anomaly is contained in the definition of "publish" in section 113 where it includes "to supply it to another person". The anomaly is being addressed in clause 39 of the Acts Amendment (Justice) Bill 2007. Section 113 will commence immediately after that Bill has passed.
Criminal Law Amendment (Criminal Property) Act 2004
- All provisions proclaimed except for part 3. Part 3 makes minor changes to the seizing of property under the Criminal Property Confiscation Act 2000 and is to be proclaimed shortly.
Acts Amendment (Court of Appeal) Act 2004
- Section 14 and schedule 1 clauses 22 and 23 have not been proclaimed. Section 14 required amendments, which were made by section 33 of the
Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Act 2005 (WA).
Schedule 1 clause 22 amended section 237(2) of the Land Administration Act 1997 (WA). The section was repealed by section 560 of the
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004.
Schedule 1 clause 23 amended section 202 of the
Legal Practice Act 2003
. The section was amended by section 631 of the
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004.
Courts Legislation Amendment and Repeal Act 2004
- The Courts Legislation Amendment and Repeal Act 2004 was proclaimed on 1 and 2 May 2005. The following sections and clauses have not been proclaimed:
· in s.123, the amendment to "section 67(2)";
· in s.124, the amendment to "section .4(a)";
· Schedule 1 clause 13;
· in Schedule 1 clause 94, the amendment to "section 430(2)(a)";
· in Schedule 1 clause 116, the amendment to "section .93(1)";
· in Schedule 1 clause 150, the amendment to "section 116A(4)";
· Schedule 2 clause 1-42 and 44-51
Reasons for non-proclamation:
· Section 123 - the amendment to "section 67(2)" refers to the
Restraining Orders Act 1997.
Section 67(2) was amended by the
Acts Amendment (Family and domestic) Violence Act 2004
with effect 1 December 2004. This amendment is now redundant.
· Section 124 - the amendment to "section 4(a)" refers to the
Restraining Orders Act 1997.
Section 124 was amended by the
Acts Amendment (Family and Domestic) Violence Act 2004
with effect 1 December 2004. This amendment is now redundant.
· Schedule 1 clause 13 - refers to the
Bread Act 1982
which was removed from the Statute Book with effect 21 April 2004. This amendment is now redundant.
· Schedule 1 clause 94 - the amendment to "section 430(2)(a)" refers to the
Local Government (Miscellaneous provisions) Act 1960
. Section 430(2)(a) was repealed by the
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004
section 683 with effect 1 January 2005. This amendment is now redundant.
· Schedule 1 clause 116 - the amendment to "section 93(1)" refers to the
Pawnbrokers and Second-hand Dealers Act 1994.
Section 93(1) was amended by the
State Administrative Tribunal (Conferral of jurisdiction) Amendment and Repeal Act 2004
section 901 with effect 1 January 2005. This amendment is now redundant.
· Schedule 1 clause 150 - the amendment to "section 116A(4)" refers to the
Strata Titles Act 1985
. Section 116A(4) was amended by the
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004
section 1151 with effect 1 January 2005. This amendment is now redundant.
· Schedule 2 clause 1-42 and 44-51 - in each and every case these clauses were in respect of Acts where appeal and review procedures were within the jurisdiction of Local Courts and Courts of Petty Sessions. This Schedule was inserted into the Act to carry necessary amendments if the
Magistrates Court Act 2004
was proclaimed prior to the commencement of the
State Administrative Tribunal Act 2004
and the
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004.
As this did not occur and the SAT Acts came into effect on 1 January 2005 (and the
Magistrates Court Act 2004
was not proclaimed to come into effect until 1 May 2005) the amendments in Schedule 2 became redundant.
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004
- A series of items in section 82 and a number of other provisions in the Schedules to the Act have not been proclaimed. The provisions were overtaken by other Acts going through the Parliament at the same time and are now being repealed by section 80 of the Criminal Law and Evidence Amendment Bill 2006 that is presently before the Parliament.
Sentencing Legislation Amendment and Repeal Act 2003
- sections 40(3), 44, 45 and 78 have not been proclaimed. The provisions were overtaken by other Acts going through the Parliament at the same time or that that have been repealed, e.g.,
Child Welfare Act 1947
.
DEPARTMENT OF HEALTH
(1) Nil.
(2) Not Applicable
W.A. ELECTORAL COMMISSION
(1) Nil.
(2) Not Applicable
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(1a) Nil.
(1b) & (2) Part proclamation for the following Acts:
Commonwealth Powers (De Facto Relationships) Act 2006
- only sections 1 and 2 proclaimed. The Commonwealth Government is not prepared to act upon this State's reference of power in relation to certain superannuation matters arising out of the breakdown of de facto relationships.
Family Legislation Amendment Act 2006
- Part 4 not yet proclaimed. Part 4 makes amendments about the interaction between family law and bankruptcy law. The Part cannot be proclaimed until the Commonwealth amends the
Bankruptcy Act 1966
(Cth) to vest power in relation to bankruptcy in the Family Court of Western Australia.
Commissioner for Children and Young People Act 2006
- Sections 1 and 2 proclaimed. The remaining provisions of the Act are proposed to be proclaimed after the appointment of the Commissioner.
Criminal Investigation Act 2006
- All provision proclaimed except for section 113. The purpose of section 113 is to ensure photos of people who have been subject to a forensic procedure are not distributed via email or published in the media. Section 113 was not proclaimed as it contains an anomaly which would outlaw the supply of any photographs to any person, even other police officers or DPP acting in the course of their duty. The anomaly is contained in the definition of "publish" in section 113 where it includes "to supply it to another person". The anomaly is being addressed in clause 39 of the Acts Amendment (Justice) Bill 2007. Section 113 will commence immediately after that Bill has passed.
Criminal Law Amendment (Criminal Property) Act 2004
- All provisions proclaimed except for part 3. Part 3 makes minor changes to the seizing of property under the Criminal Property Confiscation Act 2000 and is to be proclaimed shortly.
Acts Amendment (Court of Appeal) Act 2004
- Section 14 and schedule 1 clauses 22 and 23 have not been proclaimed. Section 14 required amendments, which were made by section 33 of the
Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Act 2005 (WA).
Schedule 1 clause 22 amended section 237(2) of the Land Administration Act 1997 (WA). The section was repealed by section 560 of the
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004.
Schedule 1 clause 23 amended section 202 of the
Legal Practice Act 2003
. The section was amended by section 631 of the
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004.
Courts Legislation Amendment and Repeal Act 2004
- The Courts Legislation Amendment and Repeal Act 2004 was proclaimed on 1 and 2 May 2005. The following sections and clauses have not been proclaimed:
· in s.123, the amendment to "section 67(2)";
· in s.124, the amendment to "section .4(a)";
· Schedule 1 clause 13;
· in Schedule 1 clause 94, the amendment to "section 430(2)(a)";
· in Schedule 1 clause 116, the amendment to "section .93(1)";
· in Schedule 1 clause 150, the amendment to "section 116A(4)";
· Schedule 2 clause 1-42 and 44-51
Reasons for non-proclamation:
· Section 123 - the amendment to "section 67(2)" refers to the
Restraining Orders Act 1997.
Section 67(2) was amended by the
Acts Amendment (Family and domestic) Violence Act 2004
with effect 1 December 2004. This amendment is now redundant.
· Section 124 - the amendment to "section 4(a)" refers to the
Restraining Orders Act 1997.
Section 124 was amended by the
Acts Amendment (Family and Domestic) Violence Act 2004
with effect 1 December 2004. This amendment is now redundant.
· Schedule 1 clause 13 - refers to the
Bread Act 1982
which was removed from the Statute Book with effect 21 April 2004. This amendment is now redundant.
· Schedule 1 clause 94 - the amendment to "section 430(2)(a)" refers to the
Local Government (Miscellaneous provisions) Act 1960
. Section 430(2)(a) was repealed by the
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004
section 683 with effect 1 January 2005. This amendment is now redundant.
· Schedule 1 clause 116 - the amendment to "section 93(1)" refers to the
Pawnbrokers and Second-hand Dealers Act 1994.
Section 93(1) was amended by the
State Administrative Tribunal (Conferral of jurisdiction) Amendment and Repeal Act 2004
section 901 with effect 1 January 2005. This amendment is now redundant.
· Schedule 1 clause 150 - the amendment to "section 116A(4)" refers to the
Strata Titles Act 1985
. Section 116A(4) was amended by the
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004
section 1151 with effect 1 January 2005. This amendment is now redundant.
· Schedule 2 clause 1-42 and 44-51 - in each and every case these clauses were in respect of Acts where appeal and review procedures were within the jurisdiction of Local Courts and Courts of Petty Sessions. This Schedule was inserted into the Act to carry necessary amendments if the
Magistrates Court Act 2004
was proclaimed prior to the commencement of the
State Administrative Tribunal Act 2004
and the
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004.
As this did not occur and the SAT Acts came into effect on 1 January 2005 (and the
Magistrates Court Act 2004
was not proclaimed to come into effect until 1 May 2005) the amendments in Schedule 2 became redundant.
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004
- A series of items in section 82 and a number of other provisions in the Schedules to the Act have not been proclaimed. The provisions were overtaken by other Acts going through the Parliament at the same time and are now being repealed by section 80 of the Criminal Law and Evidence Amendment Bill 2006 that is presently before the Parliament.
Sentencing Legislation Amendment and Repeal Act 2003
- sections 40(3), 44, 45 and 78 have not been proclaimed. The provisions were overtaken by other Acts going through the Parliament at the same time or that that have been repealed, e.g.,
Child Welfare Act 1947
.
DEPARTMENT OF HEALTH
(1) Nil.
(2) Not Applicable
W.A. ELECTORAL COMMISSION
(1) Nil.
(2) Not Applicable
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