{"id":"BILL-WA-FFCC7193BCCAA70C48258D54000D1A20","name":"Gold Corporation Amendment Bill 2025","slug":"gold-corporation-amendment-bill-2025","collection":"bill","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2025-12-03","administeringDepartment":null,"currentVersion":{"id":446177,"registerId":"BILL-WA-FFCC7193BCCAA70C48258D54000D1A20:current","compilationNumber":null,"startDate":"2025-12-03","status":"in_force","reasons":null,"registeredAt":"2026-05-08T16:47:50.258Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Gold Corporation Amendment Bill 2025\n\n46—1 page i\nWestern Australia\nGold Corporation Amendment Bill 2025\nContents\nPart 1 — Preliminary\n1. Short title 2\n2. Commencement 2\nPart 2 — Gold Corporation Act 1987\namended\n3. Act amended 3\n4. Long title amended 3\n5. Section 3 amended 3\n6. Section 3A inserted 4\n3A. Relationship to GTE Act 4\n7. Section 4 amended 4\n8. Sections 5 to 8 deleted 5\n9. Section 9 replaced 5\n9. Delegation by Gold Corporation 5\n10. Sections 9A to 9C deleted 6\n11. Section 10 amended 6\n12. Section 11 amended 7\n13. Part IV heading replaced 8\nPart 4 — Financial and security provisions of Gold\nCorporation\n14. Sections 15 and 16 deleted 8\n15. Section 18 deleted 9\n16. Section 21 deleted 9\n17. Section 22 amended 9\n18. Section 23 amended 9\n19. Part VI heading and Part VI Division 1 heading\ndeleted 9\n20. Sections 35 to 37 deleted 10\n\nGold Corporation Amendment Bill 2025\nContents\npage ii\n21. Section 38 amended 10\n22. Sections 39 to 41 deleted 10\n23. Part VI Division 2 heading deleted 10\n24. Section 42 deleted 10\n25. Section 43 amended 10\n26. Section 44 deleted 11\n27. Part VI Division 3 heading deleted 11\n28. Section 45 deleted 11\n29. Section 46 amended 11\n30. Section 47 amended 12\n31. Part VII replaced 14\nPart 7 — Matters affecting application of GTE Act\n48. Gold related transactions not disposal of\nsignificant asset or significant transaction\nunder GTE Act 14\n49. Lease or loan of gold not financial\naccommodation under GTE Act 14\n50. Treasurer’s GTE instructions under GTE\nAct 14\n51. Regulations concerning financial\nadministration and audit under GTE Act 15\n32. Section 54 replaced 15\n54. Application of Financial Management\nAct 2006 and Auditor General Act 2006 15\n33. Section 55 amended 15\n34. Section 56 inserted 16\n56. Deletion of commercially sensitive\ninformation from copies of annual reports 16\n35. Section 67 amended 17\n36. Section 68 amended 19\n37. Section 70 amended 19\n38. Sections 71 to 73 deleted 19\n39. Section 74 amended 19\n40. Section 77 amended 21\n41. Section 78 deleted 21\n42. Part 10 inserted 22\nPart 10 — Transitional provisions for Gold\nCorporation Amendment Act 2025\nDivision 1 — Preliminary\n79. Terms used 22\n80. Transitional regulations 22\n\nGold Corporation Amendment Bill 2025\nContents\npage iii\nDivision 2 — Transfer orders\n81. Terms used 24\n82. Minister may make transfer orders 24\n83. Consequences of transfer orders 26\n84. Completion of transactions for this\nDivision 28\n85. Effect of arrangements internal to\ntransferors 28\n86. Delivery and access to records 29\n87. Registration of documents 30\n88. Correction of errors in transfer orders 31\n89. Effect of this Division on existing rights\nand obligations 31\n90. Authorised disclosure of information 32\n43. Part 10 Division 3 inserted 33\nDivision 3 — Other transitional provisions\n91. Terms used 33\n92. Completion of things started before\ntransition day 33\n93. Continuing effect of things done before\ntransition day 34\n94. Board of directors 34\n95. Chief executive officer of Gold Corporation 35\n96. Deputy chief executive officer of Gold\nCorporation 36\n97. Indemnities, exemptions and insurance for\ncertain liabilities of directors and others 37\n98. Statement of expectations 37\n99. Annual performance statement 37\n100. Dividends 38\n101. Local government rates 38\n102. Capital of Gold Corporation 38\n103. Existing subsidiaries of Gold Corporation 38\n104. Winding up Mint 39\n105. Winding up GoldCorp 39\n44. Schedules 1 and 2 deleted 40\n45. Various references to “Board” amended 40\n46. Various references to “shall” amended 40\nPart 3 — Repeal\n47. Gold Corporation (Policy Instruments)\nRegulations 2009 repealed 42\n\nGold Corporation Amendment Bill 2025\nContents\npage iv\nPart 4 — Freedom of Information\nAct 1992 amended\n48. Act amended 43\n49. Schedule 1 clause 15 amended 43\nPart 5 — Government Trading\nEnterprises Act 2023 amended\n50. Act amended 44\n51. Section 3 amended 44\nPart 6 — Procurement Act 2020\namended\n52. Act amended 45\n53. Section 5 amended 45\nPart 7 — Public Sector Management\nAct 1994 amended\n54. Act amended 46\n55. Schedule 1 amended 46\nPart 8 — Salaries and Allowances\nAct 1975 amended\n56. Act amended 47\n57. Section 12AA inserted 47\n12AA. Transitional provisions for Gold\nCorporation Amendment Act 2025 47\n58. Schedule 2 amended 47\nPart 9 — Western Australian Jobs\nAct 2017 amended\n59. Act amended 48\n60. Section 3 amended 48\n\npage 1\nWestern Australia\nLEGISLATIVE ASSEMBLY\nGold Corporation Amendment Bill 2025\nA Bill for\nAn Act to amend the Gold Corporation Act 1987 and to make related\nand consequential amendments to other Acts.\nThe Parliament of Western Australia enacts as follows:\n\nGold Corporation Amendment Bill 2025\nPart 1 Preliminary\ns. 1\npage 2\nPart 1 — Preliminary1\n1. Short title2\nThis is the Gold Corporation Amendment Act 2025.3\n2. Commencement4\nThis Act comes into operation as follows —5\n(a) Part 1 — on the day on which this Act receives the6\nRoyal Assent (assent day);7\n(b) Part 2 (but only sections 3 and 42) — on the day after8\nassent day;9\n(c) the rest of the Act — on a day fixed by proclamation,10\nand different days may be fixed for different provisions.11\n\nGold Corporation Amendment Bill 2025\nGold Corporation Act 1987 amended Part 2\ns. 3\npage 3\nPart 2 — Gold Corporation Act 1987 amended1\n3. Act amended2\nThis Part amends the Gold Corporation Act 1987.3\n4. Long title amended4\nIn the long title delete “to preserve and continue the Western5\nAustralian Mint and constitute GoldCorp Australia as6\nsubsidiaries of Gold Corporation and provide for their7\nfunctions and the conduct of their businesses, to repeal the8\nWestern Australian Mint Act 1970”.9\n5. Section 3 amended10\n(1) In section 3(1) delete the definitions of:11\nBoard12\nchief executive officer13\nCorporations Act14\ndeputy chief executive officer15\ndirector16\nGold Bank17\nGoldCorp18\nMint19\nrepealed Act20\nstatutory authority21\nsubsidiary22\nThe Director of The Perth Mint23\nTreasurer24\n\nGold Corporation Amendment Bill 2025\nPart 2 Gold Corporation Act 1987 amended\ns. 6\npage 4\n(2) In section 3(1) insert in alphabetical order:1\n2\nGTE Act means the Government Trading Enterprises3\nAct 2023;4\n5\n(3) Delete section 3(3).6\nNote: The heading to amended section 3 is to read:7\nTerms used8\n6. Section 3A inserted9\nAt the end of Part I insert:10\n11\n3A. Relationship to GTE Act12\n(1) The GTE Act is to be read with this Act as if they13\nformed a single Act.14\n(2) However, the GTE Act sections 81, 83, 84, 85, 91, 12615\nto 131, 135, 136, 137, 144, 145 and 147 do not apply in16\nrelation to this Act or Gold Corporation.17\n18\n7. Section 4 amended19\n(1) Delete section 4(4) and insert:20\n21\n(4) Gold Corporation may use, and operate any of its22\nbusiness under, the name of “The Perth Mint” or 1 or23\nmore trading names approved by the Minister.24\n(4A) A trading name may be —25\n(a) an abbreviation or adaptation of Gold26\nCorporation; or27\n(b) any other name.28\n29\n\nGold Corporation Amendment Bill 2025\nGold Corporation Act 1987 amended Part 2\ns. 8\npage 5\n(2) In section 4(5) delete “(subject to section 16(9)),”.1\n(3) Delete section 4(6), (7) and (8).2\n8. Sections 5 to 8 deleted3\nDelete sections 5 to 8.4\n9. Section 9 replaced5\nDelete section 9 and insert:6\n7\n9. Delegation by Gold Corporation8\n(1) Gold Corporation may delegate to any of the following9\na power or duty of Gold Corporation under another10\nprovision of this Act —11\n(a) a director or directors;12\n(b) the chief executive officer;13\n(c) a member of staff;14\n(d) a committee established under the GTE Act15\nsection 26(1);16\n(e) any other person.17\n(2) The delegation must be in writing executed by Gold18\nCorporation.19\n(3) The delegation may expressly authorise the delegate to20\nfurther delegate the power or duty.21\n(4) A person exercising or performing a power or duty that22\nhas been delegated to the person as authorised under23\nthis section is taken to do so in accordance with the24\nterms of the delegation unless the contrary is shown.25\n(5) Nothing in this section limits the ability of Gold26\nCorporation to perform a function through an officer or27\nagent.28\n\nGold Corporation Amendment Bill 2025\nPart 2 Gold Corporation Act 1987 amended\ns. 10\npage 6\n(6) This section does not apply to the execution of1\ndocuments.2\nNote for this subsection:3\nAuthority to execute documents on behalf of Gold4\nCorporation can be given under the GTE Act5\nsection 156(4).6\n7\n10. Sections 9A to 9C deleted8\nDelete sections 9A to 9C.9\n11. Section 10 amended10\nIn section 10(1):11\n(a) delete paragraph (e) and insert:12\n13\n(e) to crush, mill, recover, extract, process, smelt,14\nsample, refine, assay and work gold and its15\nores, dore and alloys;16\n17\n(b) in paragraph (f) delete “elsewhere;” and insert:18\n19\nelsewhere, to the extent necessary for carrying out the20\nother functions stated in this subsection;21\n22\n(c) delete paragraph (h);23\n(d) in paragraph (i) delete “export”;24\n(e) delete paragraph (j);25\n(f) delete paragraph (m) and insert:26\n27\n(m) to establish and maintain the qualifications,28\nskills and accreditations necessary for carrying29\nout the other functions stated in this subsection;30\n\nGold Corporation Amendment Bill 2025\nGold Corporation Act 1987 amended Part 2\ns. 12\npage 7\n(n) to carry on activities related to the management1\nof a battery formerly operated by the State2\nwhich is, pursuant to a management order3\nunder the Land Administration Act 1997, under4\nthe management of Gold Corporation but only5\nuntil the battery is no longer under the6\nmanagement of Gold Corporation;7\n(o) to do things that its board determines to be8\nconducive or incidental to the performance of9\nany other function stated in this subsection;10\n(p) to do things that it is authorised to do by any11\nother written law.12\n13\n12. Section 11 amended14\n(1) In section 11(2):15\n(a) delete paragraph (g)(iii);16\n(b) after paragraph (g) insert:17\n18\n(ga) acquire, hold or dispose of real and personal19\nproperty;20\n(gb) appoint agents and distributors in Australia and21\nelsewhere for the purposes of marketing22\ninternationally things containing or associated23\nwith gold;24\n25\n(2) Delete section 11(3) and (4) and insert:26\n27\n(3) The Treasurer may from time to time impose limits or28\nother restrictions on —29\n(a) the physical quantity of gold that Gold30\nCorporation may borrow or lease; or31\n\nGold Corporation Amendment Bill 2025\nPart 2 Gold Corporation Act 1987 amended\ns. 13\npage 8\n(b) the monetary value of currency, or of any1\nliability related to currency, that Gold2\nCorporation may borrow or incur.3\n(4) After consultation with the Minister, the Treasurer may4\nfrom time to time impose limits or other restrictions on5\ntransactions that —6\n(a) are entered into by Gold Corporation for the7\npurpose of exercising a power mentioned in8\nsection 11(2)(a), (b), (c) or (d); and9\n(b) would, apart from section 48, be the disposal of10\na significant asset as defined in the GTE Act11\nsection 95 or a significant transaction as12\ndefined in the GTE Act section 100.13\n(5) For the purpose of determining limits or restrictions14\nimposed under subsection (3) or (4), the board must15\ninform the Treasurer of its recommendations as to the16\nrequirements of Gold Corporation at least once in each17\nfinancial year and at the other times as the Treasurer18\nmay require.19\n20\n13. Part IV heading replaced21\nDelete the heading to Part IV and insert:22\n23\nPart 4 — Financial and security provisions of24\nGold Corporation25\n26\n14. Sections 15 and 16 deleted27\nDelete sections 15 and 16.28\n\nGold Corporation Amendment Bill 2025\nGold Corporation Act 1987 amended Part 2\ns. 15\npage 9\n15. Section 18 deleted1\nDelete section 18.2\n16. Section 21 deleted3\nDelete section 21.4\n17. Section 22 amended5\n(1) In section 22(1)(a), (2) and (3) delete “Corporation, the Mint or6\nGoldCorp” and insert:7\n8\nCorporation9\n10\n(2) In section 22(4):11\n(a) in paragraph (b) delete “and its subsidiaries are jointly12\nand severally” and insert:13\n14\nare15\n16\n(b) delete “and the subsidiaries”.17\n(3) Delete section 22(6).18\n18. Section 23 amended19\nIn section 23(1) delete “by, as the case requires, Gold20\nCorporation, the Mint or GoldCorp” and insert:21\n22\nby Gold Corporation23\n24\n19. Part VI heading and Part VI Division 1 heading deleted25\nDelete the heading to Part VI and the heading to Part VI26\nDivision 1.27\n\nGold Corporation Amendment Bill 2025\nPart 2 Gold Corporation Act 1987 amended\ns. 20\npage 10\n20. Sections 35 to 37 deleted1\nDelete sections 35 to 37.2\n21. Section 38 amended3\nIn section 38 delete “The Mint may utilize” and insert:4\n5\nGold Corporation may utilise6\n7\n22. Sections 39 to 41 deleted8\nDelete sections 39 to 41.9\n23. Part VI Division 2 heading deleted10\nDelete the heading to Part VI Division 2.11\n24. Section 42 deleted12\nDelete section 42.13\n25. Section 43 amended14\n(1) In section 43(1):15\n(a) delete “rendered or materials supplied by The Director16\nof The Perth Mint or the Mint” and insert:17\n18\nrendered, or materials or products supplied, by Gold19\nCorporation20\n21\n(b) delete “by the Mint” and insert:22\n23\nby Gold Corporation24\n25\n\nGold Corporation Amendment Bill 2025\nGold Corporation Act 1987 amended Part 2\ns. 26\npage 11\n(2) In section 43(2) delete “the Mint after the coming into operation1\nof this Part” and insert:2\n3\nGold Corporation4\n5\n26. Section 44 deleted6\nDelete section 44.7\n27. Part VI Division 3 heading deleted8\nDelete the heading to Part VI Division 3.9\n28. Section 45 deleted10\nDelete section 45.11\n29. Section 46 amended12\n(1) In section 46(1):13\n(a) delete “the Mint or”;14\n(b) delete “the Mint,” and insert:15\n16\nGold Corporation,17\n18\n(c) delete “in the Mint” and insert:19\n20\nat premises owned, operated or controlled by Gold21\nCorporation22\n23\n(2) In section 46(3) delete “in the Mint” and insert:24\n25\nat premises owned, operated or controlled by Gold Corporation26\n27\n\nGold Corporation Amendment Bill 2025\nPart 2 Gold Corporation Act 1987 amended\ns. 30\npage 12\n30. Section 47 amended1\n(1) In section 47(1):2\n(a) delete “the Mint — ” and insert:3\n4\nGold Corporation —5\n6\n(b) in paragraphs (a), (b) and (c) delete “the Mint,” and7\ninsert:8\n9\nGold Corporation,10\n11\n(c) in paragraph (d) delete “the Mint” and insert:12\n13\nGold Corporation14\n15\n(d) in paragraph (d) delete “the Mint,” and insert:16\n17\nGold Corporation,18\n19\n(2) In section 47(2):20\n(a) delete “the Mint,” (1st occurrence) and insert:21\n22\nGold Corporation,23\n24\n(b) delete “the Mint” and insert:25\n26\nGold Corporation27\n28\n(c) delete “the Mint,” (2nd occurrence) and insert:29\n30\nGold Corporation,31\n32\n\nGold Corporation Amendment Bill 2025\nGold Corporation Act 1987 amended Part 2\ns. 30\npage 13\n(3) In section 47(3):1\n(a) delete “the Mint” and insert:2\n3\nGold Corporation4\n5\n(b) delete “the Mint,” and insert:6\n7\nGold Corporation,8\n9\n(4) In section 47(5):10\n(a) in paragraph (a) delete “the Mint” and insert:11\n12\nGold Corporation13\n14\n(b) in paragraph (a) delete “the Mint;” and insert:15\n16\nGold Corporation;17\n18\n(c) in paragraph (f) delete “the Mint includes” and insert:19\n20\nGold Corporation includes21\n22\n(d) in paragraph (f) delete “the Mint in relation to any23\nfunction of the Mint,” and insert:24\n25\nGold Corporation in relation to any function of Gold26\nCorporation,27\n28\nNote: The heading to amended section 47 is to read:29\nProtection of Gold Corporation name and symbols30\n\nGold Corporation Amendment Bill 2025\nPart 2 Gold Corporation Act 1987 amended\ns. 31\npage 14\n31. Part VII replaced1\nDelete Part VII and insert:2\n3\nPart 7 — Matters affecting application of4\nGTE Act5\n48. Gold related transactions not disposal of significant6\nasset or significant transaction under GTE Act7\n(1) In this section —8\ngold related transaction means a transaction entered9\ninto by Gold Corporation for the purpose of exercising10\na power mentioned in section 11(2)(a), (b), (c) or (d).11\n(2) The GTE Act Part 7 Division 3 Subdivision 2 does not12\napply in relation to a gold related transaction.13\n(3) The GTE Act Part 7 Division 3 Subdivision 3 does not14\napply in relation to a gold related transaction.15\n49. Lease or loan of gold not financial accommodation16\nunder GTE Act17\nThe GTE Act section 132 does not apply in relation to18\na lease or loan of gold by Gold Corporation.19\n50. Treasurer’s GTE instructions under GTE Act20\nA Treasurer’s instruction applying to Gold Corporation21\nunder the Financial Management Act 2006 section 7822\nprevails to the extent of any inconsistency with a23\nTreasurer’s GTE instruction applying to Gold24\nCorporation under the GTE Act section 148.25\n\nGold Corporation Amendment Bill 2025\nGold Corporation Act 1987 amended Part 2\ns. 32\npage 15\n51. Regulations concerning financial administration1\nand audit under GTE Act2\nThe Financial Management Act 2006 prevails to the3\nextent of any inconsistency with a regulation made4\nunder the GTE Act section 149.5\n6\n32. Section 54 replaced7\nDelete section 54 and insert:8\n9\n54. Application of Financial Management Act 2006 and10\nAuditor General Act 200611\nThe provisions of the Financial Management Act 200612\nand the Auditor General Act 2006 regulating the13\nfinancial administration, audit and reporting of14\nstatutory authorities and their subsidiaries apply to and15\nin respect of Gold Corporation and its operations.16\n17\n33. Section 55 amended18\nIn section 55(1):19\n(a) delete “Gold Corporation, the Mint and GoldCorp” and20\ninsert:21\n22\nGold Corporation23\n24\n(b) in paragraph (b) delete “their respective” and insert:25\n26\nits27\n28","sortOrder":0},{"sectionNumber":"retrieval-0002","sectionType":"document_chunk","heading":"Document excerpt 2","content":"Gold Corporation Amendment Bill 2025\nPart 2 Gold Corporation Act 1987 amended\ns. 34\npage 16\n(c) in paragraph (b) delete “section 11, 18 or 50;” and1\ninsert:2\n3\nthis Act or the GTE Act;4\n5\n(d) delete paragraph (c);6\n(e) in paragraph (e) delete “their respective” and insert:7\n8\nits9\n10\n34. Section 56 inserted11\nAt the end of Part VIII insert:12\n13\n56. Deletion of commercially sensitive information from14\ncopies of annual reports15\n(1) This section applies in relation to an annual report16\nprepared by Gold Corporation under the Financial17\nManagement Act 2006 section 61.18\n(2) The board may request the Minister to delete19\ninformation that is of a commercially sensitive nature20\nfrom a copy of the annual report (and any21\naccompanying documents) relating to Gold22\nCorporation that is to be laid before each House of23\nParliament.24\n(3) The Minister must not agree to a request under25\nsubsection (2) unless the Auditor General gives a26\nwritten opinion as to whether the information27\nconcerned is of a commercially sensitive nature.28\n\nGold Corporation Amendment Bill 2025\nGold Corporation Act 1987 amended Part 2\ns. 35\npage 17\n(4) If the Minister agrees to a request under subsection (2),1\nthe copy of the annual report laid before each House of2\nParliament —3\n(a) must include a statement that information has4\nbeen deleted from the report under this section;5\nand6\n(b) must be accompanied by a copy of the Auditor7\nGeneral’s opinion under subsection (3).8\n(5) If information that is of a commercially sensitive9\nnature is deleted from a copy of the annual report under10\nthis section, the copy of the annual report without that11\ninformation is sufficient for the purposes of the12\nMinister complying with the Financial Management13\nAct 2006 section 64.14\n(6) Nothing in this section affects, or is intended to affect,15\nthe operation of the Parliamentary Papers Act 1891 or16\nthe Parliamentary Privileges Act 1891.17\n18\n35. Section 67 amended19\n(1) In section 67(1):20\n(a) delete “Corporation, the Mint or GoldCorp — ” and21\ninsert:22\n23\nCorporation —24\n25\n(b) in paragraph (a) delete “Corporation, the Mint, or26\nGoldCorp, as the case may require,” and insert:27\n28\nCorporation29\n30\n\nGold Corporation Amendment Bill 2025\nPart 2 Gold Corporation Act 1987 amended\ns. 35\npage 18\n(c) in paragraph (b) and (c) delete “Corporation, the Mint or1\nGoldCorp, as the case may require,” and insert:2\n3\nCorporation4\n5\n(d) in paragraph (d) delete “Corporation, the Mint or6\nGoldCorp shall not be” and insert:7\n8\nCorporation is not to be9\n10\n(2) In section 67(2):11\n(a) delete “Corporation, the Mint or GoldCorp” and insert:12\n13\nCorporation14\n15\n(b) delete “the Mint, or GoldCorp,”.16\n(3) At the end of section 67 insert:17\n18\n(3) Subsection (4) applies if —19\n(a) any of the following material is smelted,20\nsampled, assayed, refined or otherwise worked21\nat premises owned, operated or controlled by22\nGold Corporation —23\n(i) gold;24\n(ii) ore or dore bearing any gold;25\n(iii) an alloy of gold;26\nand27\n(b) after the normal working procedures have been28\ncarried out and the material worked has been29\n\nGold Corporation Amendment Bill 2025\nGold Corporation Act 1987 amended Part 2\ns. 36\npage 19\ndelivered to or on behalf of the person for1\nwhom the work was done, a residue remains —2\n(i) in equipment used to assay, refine,3\nsample, smelt or otherwise work the4\nmaterial; or5\n(ii) at the premises.6\n(4) The residue mentioned in subsection (3)(b) vests in7\nGold Corporation absolutely as though it had been gold8\npurchased in good faith by Gold Corporation.9\n10\nNote: The heading to amended section 67 is to read:11\nTitle to gold12\n36. Section 68 amended13\nDelete section 68(2).14\n37. Section 70 amended15\n(1) In section 70(1) delete “and the employees of the Mint and16\nGoldCorp”.17\n(2) In section 70(2) delete “Gold Corporation, the Mint and18\nGoldCorp” and insert:19\n20\nGold Corporation21\n22\n38. Sections 71 to 73 deleted23\nDelete sections 71 to 73.24\n39. Section 74 amended25\n(1) Delete section 74(1) and (2).26\n\nGold Corporation Amendment Bill 2025\nPart 2 Gold Corporation Act 1987 amended\ns. 39\npage 20\n(2) In section 74(3) delete “the Mint or any record affecting or1\nrelating to affairs of the Mint” and insert:2\n3\nGold Corporation or any record affecting or relating to affairs of4\nGold Corporation5\n6\n(3) In section 74(3) delete the Penalty and insert:7\n8\nPenalty for this subsection: imprisonment for 2 years9\nand a fine of $10 000.10\n11\n(4) In section 74(4) delete “the Mint” and insert:12\n13\nGold Corporation14\n15\n(5) In section 74(4) delete the Penalty and insert:16\n17\nPenalty for this subsection: imprisonment for 2 years18\nand a fine of $10 000.19\n20\n(6) In section 74(6) delete the definitions of:21\ninformation22\nto divulge23\nto produce24\n(7) In section 74(6) in the definition of record delete “stored;” and25\ninsert:26\n27\nstored.28\n29\n\nGold Corporation Amendment Bill 2025\nGold Corporation Act 1987 amended Part 2\ns. 40\npage 21\n40. Section 77 amended1\n(1) In section 77 delete “The” and insert:2\n3\n(1) The4\n5\n(2) At the end of section 77 insert:6\n7\n(2) Regulations under this Act may be expressed to prevail8\nover regulations made under the GTE Act.9\n(3) Regulations in reliance on subsection (2) must not be10\nmade except on the recommendation of —11\n(a) the Minister; and12\n(b) the Minister to whom the administration of the13\nGTE Act is committed.14\n(4) If, and to the extent that regulations under this Act are15\nso expressed, in the event of a conflict or inconsistency16\nbetween a provision of those regulations and a17\nprovision of regulations made under the GTE Act, the18\nformer provision prevails.19\n20\n41. Section 78 deleted21\nDelete section 78.22\n\nGold Corporation Amendment Bill 2025\nPart 2 Gold Corporation Act 1987 amended\ns. 42\npage 22\n42. Part 10 inserted1\nAt the end of Part IX insert:2\n3\nPart 10 — Transitional provisions for Gold4\nCorporation Amendment Act 20255\nDivision 1 — Preliminary6\n79. Terms used7\nIn this Part —8\nGoldCorp means the subsidiary of Gold Corporation9\nknown as GoldCorp Australia constituted under10\nrepealed section 48;11\nMint means the Western Australian Mint preserved and12\ncontinued in existence under repealed section 35.13\n80. Transitional regulations14\n(1) In this section —15\npublication day, for transitional regulations, means the16\nday on which the transitional regulations are published17\nin accordance with the Interpretation Act 198418\nsection 41(1)(a);19\nspecified, in relation to transitional regulations, means20\nspecified or described in the transitional regulations;21\ntransitional matter —22\n(a) means a matter of a transitional nature that23\narises as a result of an amendment made under24\nthe Gold Corporation Amendment Act 2025;25\nand26\n(b) includes a saving or application matter;27\ntransitional regulations means regulations referred to28\nin subsection (2).29\n\nGold Corporation Amendment Bill 2025\nGold Corporation Act 1987 amended Part 2\ns. 42\npage 23\n(2) If there is not sufficient provision in this Act for1\ndealing with a transitional matter, regulations under2\nthis Act may prescribe all matters that are required or3\nnecessary or convenient to be prescribed for dealing4\nwith the matter.5\n(3) Transitional regulations may provide that specified6\nprovisions of a written law —7\n(a) do not apply to or in relation to a specified8\nmatter; or9\n(b) apply with specified modifications to or in10\nrelation to any matter.11\n(4) Transitional regulations cannot be made after the end12\nof the period of 2 years beginning on the day on which13\nthis section comes into operation.14\n(5) If transitional regulations provide that a specified state15\nof affairs is taken to have existed, or not to have16\nexisted, on and after a day that is earlier than17\npublication day but not earlier than the day on which18\nthis section comes into operation, the transitional19\nregulations have effect according to their terms.20\n(6) If transitional regulations contain a provision referred21\nto in subsection (5), the provision does not operate so22\nas to —23\n(a) affect in a manner prejudicial to any person24\n(other than the State or an authority of the25\nState) the rights of that person existing before26\npublication day; or27\n(b) impose liabilities on any person (other than the28\nState or an authority of the State) in respect of29\nanything done or omitted to be done before30\npublication day.31\n\nGold Corporation Amendment Bill 2025\nPart 2 Gold Corporation Act 1987 amended\ns. 42\npage 24\nDivision 2 — Transfer orders1\n81. Terms used2\nIn this Division —3\nasset —4\n(a) means any legal or equitable estate or interest5\n(whether present or future, whether vested or6\ncontingent and whether personal or assignable)7\nin real or personal property of any description;8\nand9\n(b) includes any money, security, chose in action or10\ndocument;11\nbusiness day means a day other than a Saturday, a12\nSunday or a public holiday;13\nliability means any liability, duty or obligation whether14\nactual, contingent or prospective, liquidated or15\nunliquidated, and whether owed alone or jointly, or16\njointly and severally with any other person;17\nstatutory subsidiary means the Mint or GoldCorp;18\ntransfer order has the meaning given in section 82(1).19\n82. Minister may make transfer orders20\n(1) The Minister may, by order (a transfer order)21\npublished in the Gazette, specify all or any of the22\nfollowing —23\n(a) the assets or liabilities that are to be transferred24\nfrom a statutory subsidiary to Gold25\nCorporation, as specified in the order;26\n(b) the proceedings in which Gold Corporation is27\nto be substituted for a statutory subsidiary as a28\nparty;29\n\nGold Corporation Amendment Bill 2025\nGold Corporation Act 1987 amended Part 2\ns. 42\npage 25\n(c) the agreements or instruments relating to1\nanything transferred that are to have effect as if2\na reference to a statutory subsidiary were a3\nreference to Gold Corporation in the agreement4\nor instrument, unless otherwise expressly5\nspecified in the order;6\n(d) the time (the transfer time) at which a matter7\nmentioned in paragraphs (a) to (c) is to happen.8\n(2) A transfer order may also deal with any matter that is9\nincidental or supplementary to a matter mentioned in10\nsubsection (1)(a) to (c).11\n(3) The transfer time for a transfer order must be after the12\nday on which the order is published in the Gazette.13\n(4) If the transfer time for a transfer order is specified by14\nreference to when a thing is done, the Minister must15\nensure that notice of the time when the thing is done is16\npublished in the Gazette.17\n(5) A person or thing may be specified in a transfer order18\nby describing the person or thing as a member of a19\nclass.20\n(6) A transfer order may specify persons or things by21\nreference to schedules that —22\n(a) need not be published in the Gazette; but23\n(b) must be available for public inspection on24\nbusiness days at the place and between the25\ntimes specified in the transfer order for26\n6 months after the day on which the transfer27\norder is published in the Gazette.28\n(7) A person or thing specified in a schedule for a transfer29\norder is taken to be specified in the transfer order.30\n\nGold Corporation Amendment Bill 2025\nPart 2 Gold Corporation Act 1987 amended\ns. 42\npage 26\n(8) Before a transfer order is made specifying anything by1\nreference to a schedule, the Minister must consult each2\nrelevant official to whom a copy of the schedule must3\nbe given under section 87(2) about the form and4\ncontent of the schedule for the purpose of facilitating5\nthe recording and registration of instruments or6\ndocuments as required by section 87(3)(b).7\n(9) The Minister may, by order published in the Gazette,8\namend a transfer order or a schedule for a transfer9\norder, but only —10\n(a) before the transfer time for the order; and11\n(b) with the consent of the transferee.12\n(10) The Minister’s power to make a transfer order under13\nthis section expires 2 years after the day on which this14\nsection comes into operation.15\n83. Consequences of transfer orders16\n(1) In this section —17\nspecified, in relation to a thing and a transfer order,18\nmeans the thing as specified in the transfer order.19\n(2) A transfer order has effect at the transfer time for the20\norder as follows —21\n(a) a specified asset is transferred to, and becomes22\nan asset of, Gold Corporation;23\n(b) a specified liability is transferred to, and24\nbecomes a liability of, Gold Corporation;25\n(c) Gold Corporation is substituted for a statutory26\nsubsidiary as a party to any specified27\nproceedings;28\n(d) a specified agreement or instrument has effect29\nas if a reference to a statutory subsidiary were a30\n\nGold Corporation Amendment Bill 2025\nGold Corporation Act 1987 amended Part 2\ns. 42\npage 27\nreference to Gold Corporation unless otherwise1\nspecified in the transfer order;2\n(e) any proceedings or remedy that might have3\nbeen commenced by, or available against or to,4\na statutory subsidiary in relation to an asset or5\nliability transferred by paragraph (a) or (b) may6\nbe commenced by, or are available against or7\nto, Gold Corporation;8\n(f) anything relating to an asset or liability9\ntransferred by paragraph (a) or (b) that was10\ndone or omitted to be done by, to or in respect11\nof a statutory subsidiary before the transfer and12\nis of any effect is taken to have been done or13\nomitted to be done by, to or in respect of Gold14\nCorporation.15\n(3) The transfer of an asset, right or liability under this16\nDivision —17\n(a) happens by operation of this section without the18\nneed for any conveyance, transfer, assignment19\nor assurance, or any prior notice or further act;20\nand21\n(b) is exempt from any tax, duty, levy, charge or22\nfee that would otherwise be imposed or23\nrecoverable under a written law; and24\n(c) has effect despite any other written law or25\ninstrument.26\n(4) The exemption in subsection (3)(b) extends to anything27\ndone (including a transaction entered into or an28\ninstrument or document of any kind made, executed,29\nlodged or given) to give effect to, or in connection30\nwith, the transfer of an asset, right or liability under31\nthis Division.32\n\nGold Corporation Amendment Bill 2025\nPart 2 Gold Corporation Act 1987 amended\ns. 42\npage 28\n(5) The Minister may certify in writing that —1\n(a) a specified thing occurred by operation of this2\nDivision; or3\n(b) a specified thing was done under this Division,4\nor to give effect to this Division, or for a5\npurpose connected with or arising out of giving6\neffect to this Division.7\n(6) For all purposes and in all proceedings, a certificate8\nunder subsection (5) is sufficient evidence of the9\nmatters it certifies, unless the contrary is shown.10\n84. Completion of transactions for this Division11\nIf a transfer order cannot to any extent have the effect12\nsought to be achieved by this Division (whether13\nbecause a matter is governed otherwise than by a law14\nof this State or for any other reason), the Minister,15\nGold Corporation and the relevant statutory subsidiary16\nmust each take all practicable steps to achieve that17\neffect as soon as possible after the transfer time for the18\norder.19\n85. Effect of arrangements internal to transferors20\n(1) An instrument that provides for arrangements between21\ndifferent parts of a statutory subsidiary’s business or22\nundertaking may be specified in a transfer order as if it23\ncreated contractual rights and liabilities.24\n(2) An instrument specified as described in subsection (1)25\nis to be regarded as if its provisions were contractual26\nprovisions between different legal entities.27\n(3) A contractual right or liability that is to be regarded as28\narising because of subsection (2) is transferable under29\nthis Division.30\n\nGold Corporation Amendment Bill 2025\nGold Corporation Act 1987 amended Part 2\ns. 42\npage 29\n86. Delivery and access to records1\n(1) In this section —2\npersonal information has the meaning given in the3\nFreedom of Information Act 1992 Glossary clause 1;4\nrecord includes a register, minute, receipt, book of5\naccount or another document (however compiled,6\nrecorded or stored);7\nrelevant record, in relation to a transfer order, means a8\nrecord relating to an asset, liability, agreement,9\ninstrument or proceeding specified in the transfer10\norder.11\n(2) The Minister may give a statutory subsidiary under a12\ntransfer order a direction (whether in the transfer order13\nor otherwise in writing) as to which relevant records, or14\nclasses of relevant records, in the possession or control15\nof the statutory subsidiary must be delivered to or16\nshared with, or be able to be accessed by, Gold17\nCorporation under the transfer order.18\n(3) The statutory subsidiary must deliver to or share with19\nGold Corporation, or enable Gold Corporation to have20\naccess to, relevant records in accordance with the21\ndirection.22\n(4) The statutory subsidiary and Gold Corporation must23\nmake arrangements for the delivery or sharing of, or24\naccess to, relevant records in accordance with the25\ndirection.26\n(5) This section authorises the transfer of personal27\ninformation, including authorising a statutory28\nsubsidiary to transfer the information, and Gold29\nCorporation to collect the information, in accordance30\nwith the direction mentioned in subsection (2).31","sortOrder":1},{"sectionNumber":"retrieval-0003","sectionType":"document_chunk","heading":"Document excerpt 3","content":"Gold Corporation Amendment Bill 2025\nPart 2 Gold Corporation Act 1987 amended\ns. 42\npage 30\n87. Registration of documents1\n(1) In this section —2\nrelevant official means any of the following —3\n(a) the Minister responsible for the administration4\nof the Land Administration Act 1997;5\n(b) the Registrar of Deeds and Transfers under the6\nRegistration of Deeds Act 1856;7\n(c) the Commissioner of Titles under the Transfer8\nof Land Act 1893;9\n(d) any other person authorised by a written law to10\nrecord and give effect to the registration of11\ninstruments or documents relating to12\ntransactions affecting any estate or interest in13\nland or any other property.14\n(2) The Minister must ensure that a copy of each of the15\nfollowing instruments is given to each relevant16\nofficial —17\n(a) a transfer order and any schedule for it;18\n(b) any order made under section 82(9) amending a19\ntransfer order or any schedule for it;20\n(c) any order made under section 88(1) correcting21\nany error in a transfer order or any schedule for22\nit;23\n(d) any notice published under section 82(4) in24\nrespect of the transfer time in relation to a25\ntransfer order.26\n(3) A relevant official must —27\n(a) take notice of this Division, a transfer order and28\nany other instrument relating to a transfer order29\nthat is referred to in subsection (2); and30\n\nGold Corporation Amendment Bill 2025\nGold Corporation Act 1987 amended Part 2\ns. 42\npage 31\n(b) record and register in the appropriate manner1\nthe instruments or documents necessary to2\nshow the effect of this Division and a transfer3\norder.4\n88. Correction of errors in transfer orders5\n(1) The Minister may, by order published in the Gazette,6\nmake any provision that is necessary to correct any7\nerror in a transfer order or a schedule for a transfer8\norder.9\n(2) An order made under subsection (1) may be expressed10\nto take effect on and after the transfer time.11\n(3) To the extent that a provision of an order made under12\nsubsection (1) takes effect before the order is published13\nin the Gazette, section 83 does not, as a result of that14\nprovision, operate so as to —15\n(a) affect in a manner prejudicial to any person16\n(other than the State, the transferor or17\ntransferee, or a Minister, officer or agency of18\nthe State) the rights of that person existing19\nbefore publication; or20\n(b) impose liabilities on any person (other than the21\nState, the transferor or transferee, or a Minister,22\nofficer or agency of the State) in respect of23\nanything done or omitted to be done before24\npublication.25\n89. Effect of this Division on existing rights and26\nobligations27\nThe operation of this Division, including anything done28\nor omitted to be done under or for the purposes of this29\nDivision, is not to be regarded as —30\n(a) a breach of confidence or any other civil31\nwrong; or32\n\nGold Corporation Amendment Bill 2025\nPart 2 Gold Corporation Act 1987 amended\ns. 42\npage 32\n(b) a breach of a contract or instrument, including1\n(without limitation) a provision prohibiting,2\nrestricting or regulating the assignment or3\ntransfer of assets, rights or liabilities; or4\n(c) requiring any act to be done under a contract or5\ninstrument; or6\n(d) giving rise to a right or remedy of a party to a7\ncontract or instrument, or causing or permitting8\nthe termination of, or exercise of rights under, a9\ncontract or instrument; or10\n(e) an event of default under a contract or11\ninstrument; or12\n(f) causing a contract or instrument to be void or13\notherwise unenforceable; or14\n(g) releasing, or allowing the release of, any surety15\nor other obligee from the whole or part of an16\nobligation.17\n90. Authorised disclosure of information18\n(1) This section applies to the following entities —19\n(a) the Government;20\n(b) Gold Corporation;21\n(c) a statutory subsidiary;22\n(d) a person acting on behalf of a body referred to23\nin paragraphs (a) to (c).24\n(2) If an entity discloses information or documents in good25\nfaith for the purpose of complying with or enabling the26\nrequirements of a transfer order —27\n(a) no civil or criminal liability is incurred in28\nrespect of the disclosure; and29\n(b) the disclosure is not to be regarded as a breach30\nof any duty of confidentiality or secrecy31\nimposed by law; and32\n\nGold Corporation Amendment Bill 2025\nGold Corporation Act 1987 amended Part 2\ns. 43\npage 33\n(c) the disclosure is not to be regarded as a breach1\nof professional ethics or standards or as2\nunprofessional conduct.3\n(3) Subsection (2) does not extend to the manner in which4\na thing is done if it is done in a manner contrary to a5\nduty to exercise reasonable care and diligence.6\n7\n43. Part 10 Division 3 inserted8\nAt the end of Part 10 insert:9\n10\nDivision 3 — Other transitional provisions11\n91. Terms used12\nIn this Division —13\namended, in relation to a provision of this Act, means14\nthat provision as in force immediately before being15\namended by the Gold Corporation Amendment16\nAct 2025;17\nrepealed, in relation to a provision of this Act, means18\nthat provision as in force immediately before being19\nrepealed by the Gold Corporation Amendment20\nAct 2025;21\ntransition day means the day on which the Gold22\nCorporation Amendment Act 2025 section 11 comes23\ninto operation.24\n92. Completion of things started before transition day25\nAnything started by a person under or for the purposes26\nof an amended or a repealed provision of this Act27\nbefore transition day may, if there is a provision of the28\nGTE Act that corresponds to the amended or repealed29\nprovision of this Act in relation to that thing, be30\n\nGold Corporation Amendment Bill 2025\nPart 2 Gold Corporation Act 1987 amended\ns. 43\npage 34\ncontinued by the person on and after transition day1\nunder the provision of the GTE Act.2\n93. Continuing effect of things done before transition3\nday4\n(1) This section applies to an act, matter or thing done by a5\nperson under or for the purposes of an amended or a6\nrepealed provision of this Act before transition day, to7\nthe extent to which that act, matter or thing has any8\nforce or significance on and after transition day.9\n(2) If there is a provision of the GTE Act that corresponds10\nto the amended or repealed provision in relation to the11\nact, matter or thing then, on and after transition day the12\nact, matter or thing is taken to have been done by the13\nperson under or for the purposes of the provision of the14\nGTE Act.15\n94. Board of directors16\n(1) A person holding office as a member of the Board of17\ndirectors of Gold Corporation (the existing18\nappointment) immediately before transition day19\nbecomes a member of Gold Corporation’s board under20\nthe GTE Act on transition day.21\n(2) Despite the GTE Act section 17, the person holds22\noffice as a member of Gold Corporation’s board —23\n(a) on the terms and conditions of their existing24\nappointment; and25\n(b) for the remainder of the term of their existing26\nappointment.27\n(3) Subsection (2) does not prevent —28\n(a) the person from resigning from or being29\nremoved from office, or their office becoming30\nvacant, under the GTE Act section 21; or31\n\nGold Corporation Amendment Bill 2025\nGold Corporation Act 1987 amended Part 2\ns. 43\npage 35\n(b) the remuneration of the person being1\ndetermined in accordance with the GTE Act2\nsections 18 and 19.3\n(4) Despite subsection (1), an officer of the Treasury4\nauthorised under repealed section 5(5) and holding5\noffice as a member of the Board of directors of Gold6\nCorporation immediately before transition day ceases7\nto hold that office at the start of transition day.8\n(5) No compensation is payable because of subsection (4).9\n(6) The authorisation of an officer of the Treasury to10\nperform a function as a delegate under repealed11\nsection 5(5) ends at the start of transition day.12\n95. Chief executive officer of Gold Corporation13\n(1) A person holding the office of chief executive officer14\nof Gold Corporation under repealed section 715\nimmediately before transition day (the existing16\nappointment) continues as Gold Corporation’s chief17\nexecutive officer from transition day.18\n(2) Despite the GTE Act section 37, the person holds19\noffice as Gold Corporation’s chief executive officer —20\n(a) on the terms and conditions of their existing21\nappointment; and22\n(b) for the remainder of the term of their existing23\nappointment.24\n(3) Subsection (2) does not prevent —25\n(a) the person from resigning from office under the26\nGTE Act section 40(1); or27\n(b) the person being removed from office under28\ntheir terms and conditions of appointment; or29\n(c) the remuneration of the person being dealt with30\nin accordance with the GTE Act section 39.31\n\nGold Corporation Amendment Bill 2025\nPart 2 Gold Corporation Act 1987 amended\ns. 43\npage 36\n96. Deputy chief executive officer of Gold Corporation1\n(1) A person holding the office of deputy chief executive2\nofficer of Gold Corporation under repealed section 73\nimmediately before transition day (the existing4\nappointment) continues as Gold Corporation’s deputy5\nchief executive officer from transition day.6\n(2) The person holds office as Gold Corporation’s deputy7\nchief executive officer —8\n(a) on the terms and conditions of their existing9\nappointment; and10\n(b) for the remainder of the term of their existing11\nappointment.12\n(3) Subsection (2) does not prevent —13\n(a) the person resigning from office under the GTE14\nAct section 40(1); or15\n(b) the person being removed from office under16\ntheir terms and conditions of appointment.17\n(4) The remuneration of the person may be dealt with in18\naccordance with the GTE Act section 39.19\n(5) For the purposes of subsection (3)(a) and (4), the GTE20\nAct sections 39 and 40 apply to the person as if a21\nreference in those sections to chief executive officer22\nwere a reference to deputy chief executive officer.23\n(6) If the chief executive officer is prevented by illness or24\nabsence from performing their duties or there is a25\nvacancy in the office of chief executive officer, the26\ndeputy chief executive officer must perform those27\nduties and may exercise the powers of the chief28\nexecutive officer.29\n\nGold Corporation Amendment Bill 2025\nGold Corporation Act 1987 amended Part 2\ns. 43\npage 37\n97. Indemnities, exemptions and insurance for certain1\nliabilities of directors and others2\n(1) This section applies to any of the following agreements3\nand contracts, if it was in effect immediately before4\ntransition day and it would be partly or wholly void5\nunder the GTE Act section 68 but for this section —6\n(a) an agreement to exempt a person from or7\nindemnify a person against a liability;8\n(b) an agreement to pay a premium for a contract9\nof insurance against a liability;10\n(c) a contract of insurance against a liability.11\n(2) Despite the GTE Act sections 66, 67 and 68, the12\nagreement or contract is not void to the extent that the13\nagreement or contract was not prohibited by this Act as14\nin force before transition day.15\n98. Statement of expectations16\n(1) For the purposes of the GTE Act Part 6 Division 2 and17\ndespite the GTE Act section 69(2), the first statement18\nperiod for Gold Corporation begins on transition day.19\n(2) Gold Corporation’s strategic development plan in20\neffect under this Act immediately before transition day21\nhas effect, to the extent practicable, as Gold22\nCorporation’s statement of expectations for the first23\nstatement period until the day on which a statement of24\nexpectations is adopted for the first statement period25\nunder the GTE Act section 72.26\n99. Annual performance statement27\nThe GTE Act Part 6 Division 3 does not apply in28\nrelation to Gold Corporation until the end of the budget29\nyear in which transition day falls.30\n\nGold Corporation Amendment Bill 2025\nPart 2 Gold Corporation Act 1987 amended\ns. 43\npage 38\n100. Dividends1\nDespite the repeal of section 21, a dividend that2\nbecame payable under that section and remains unpaid3\non transition day continues to be payable as if it had4\nbecome payable under the GTE Act section 140.5\n101. Local government rates6\n(1) Despite the repeal of section 4(7) and (8), a sum or7\namount that became payable by Gold Corporation8\nunder repealed section 4(7) and (8) and remains unpaid9\non transition day continues to be payable as if it had10\nbecome payable by Gold Corporation under the GTE11\nAct section 151.12\n(2) Despite the repeal of section 35, a sum or amount that13\nbecame payable by the Mint under repealed14\nsection 35(7a) and remains unpaid on transition day15\ncontinues to be payable under the repealed section.16\n(3) Despite the repeal of section 48, a sum or amount that17\nbecame payable by GoldCorp under repealed18\nsection 48(7) and remains unpaid on transition day19\ncontinues to be payable under the repealed section.20\n102. Capital of Gold Corporation21\nOn transition day all shares of Gold Corporation issued22\nunder repealed section 15 or 16 are cancelled and all23\nrights attached to the shares are extinguished.24\n103. Existing subsidiaries of Gold Corporation25\nThe GTE Act Part 7 Division 6 does not apply to a26\nsubsidiary of Gold Corporation in existence27\nimmediately before transition day.28\n\nGold Corporation Amendment Bill 2025\nGold Corporation Act 1987 amended Part 2\ns. 43\npage 39\n104. Winding up Mint1\n(1) On the day this section comes into operation —2\n(a) the Mint is abolished; and3\n(b) any arrangement under section 69 for the use of4\nthe services or facilities by the Mint ends.5\n(2) No compensation is payable because of subsection (1).6\n(3) Subsection (4) applies if —7\n(a) money payable to the Mint remains unpaid after8\nit is abolished; or9\n(b) money becomes payable to the Mint after it is10\nabolished.11\n(4) The money is payable to Gold Corporation and may be12\nrecovered by Gold Corporation as a debt in a court of13\ncompetent jurisdiction.14\n105. Winding up GoldCorp15\n(1) On the day this section comes into operation —16\n(a) GoldCorp is abolished; and17\n(b) any arrangement under section 69 for the use of18\nthe services or facilities by GoldCorp ends.19\n(2) No compensation is payable because of subsection (1).20\n(3) Subsection (4) applies if —21\n(a) money payable to GoldCorp remains unpaid22\nafter it is abolished; or23\n(b) money becomes payable to GoldCorp after it is24\nabolished.25\n(4) The money is payable to Gold Corporation and may be26\nrecovered by Gold Corporation as a debt in a court of27\ncompetent jurisdiction.28\n29\n\nGold Corporation Amendment Bill 2025\nPart 2 Gold Corporation Act 1987 amended\ns. 44\npage 40\n44. Schedules 1 and 2 deleted1\nDelete Schedules 1 and 2.2\n45. Various references to “Board” amended3\nIn the provisions listed in the Table delete “Board” (each4\noccurrence) and insert:5\n6\nboard7\n8\nTable9\ns. 10(3) s. 23(1)\ns. 38 s. 43(2)\ns. 46(1) s. 68(1), (3) and (5)\ns. 69(1) s. 75(1), (2), (5), (6) and (7)\n46. Various references to “shall” amended10\nAmend the provisions listed in the Table as set out in the Table.11\nTable12\nProvision Delete Insert\ns. 4(5) shall be\nshall pay\nis\nmust pay\n\nGold Corporation Amendment Bill 2025\nGold Corporation Act 1987 amended Part 2\ns. 46\npage 41\nProvision Delete Insert\ns. 22(4) and (5)\ns. 46(2)\ns. 47(3) and (6)\ns. 69(2)\ns. 75(1) and (6)\nshall (each\noccurrence)\nmust\ns. 47(5) shall be read\nshall be taken (each\noccurrence)\nmust be read\nis taken\ns. 55(2) shall be paid\nshall be taken\nmust be paid\nare to be taken\ns. 67(1)(b) shall be taken is taken\ns. 67(1)(c) shall not be is not\ns. 75(5) shall cause\nshall not be\nmust cause\nis not to be\n\nGold Corporation Amendment Bill 2025\nPart 3 Repeal\ns. 47\npage 42\nPart 3 — Repeal1\n47. Gold Corporation (Policy Instruments) Regulations 20092\nrepealed3\nThe Gold Corporation (Policy Instruments) Regulations 20094\nare repealed.5\n\nGold Corporation Amendment Bill 2025\nFreedom of Information Act 1992 amended Part 4\ns. 48\npage 43\nPart 4 — Freedom of Information Act 1992 amended1\n48. Act amended2\nThis Part amends the Freedom of Information Act 1992.3\n49. Schedule 1 clause 15 amended4\nIn Schedule 1 clause 15(2) in the definition of Gold5\nCorporation delete “subsidiary of Gold Corporation within the6\nmeaning of that Act.” and insert:7\n8\nsubsidiary (as defined in the Government Trading Enterprises9\nAct 2023 section 4(1)) of Gold Corporation.10\n11\n\nGold Corporation Amendment Bill 2025\nPart 5 Government Trading Enterprises Act 2023 amended\ns. 50\npage 44\nPart 5 — Government Trading Enterprises Act 20231\namended2\n50. Act amended3\nThis Part amends the Government Trading Enterprises4\nAct 2023.5\n51. Section 3 amended6\nIn section 3(1) in the definition of GTE after paragraph (a)7\ninsert:8\n9\n(aaa) the Gold Corporation Act 1987 section 4;10\n11\n\nGold Corporation Amendment Bill 2025\nProcurement Act 2020 amended Part 6\ns. 52\npage 45\nPart 6 — Procurement Act 2020 amended1\n52. Act amended2\nThis Part amends the Procurement Act 2020.3\n53. Section 5 amended4\nAfter section 5(2)(a)(i) insert:5\n6\n(ia) the Gold Corporation Act 1987 section 4;7\n8\n\nGold Corporation Amendment Bill 2025\nPart 7 Public Sector Management Act 1994 amended\ns. 54\npage 46\nPart 7 — Public Sector Management Act 1994 amended1\n54. Act amended2\nThis Part amends the Public Sector Management Act 1994.3\n55. Schedule 1 amended4\nDelete Schedule 1 item 11 and insert:5\n6\n11 Gold Corporation established under the Gold Corporation\nAct 1987\n7","sortOrder":2},{"sectionNumber":"retrieval-0004","sectionType":"document_chunk","heading":"Document excerpt 4","content":"Gold Corporation Amendment Bill 2025\nSalaries and Allowances Act 1975 amended Part 8\ns. 56\npage 47\nPart 8 — Salaries and Allowances Act 1975 amended1\n56. Act amended2\nThis Part amends the Salaries and Allowances Act 1975.3\n57. Section 12AA inserted4\nAt the end of Part 1B insert:5\n6\n12AA. Transitional provisions for Gold Corporation7\nAmendment Act 20258\n(1) This section applies to the person who continues as the9\ndeputy chief executive officer of Gold Corporation10\nunder the Gold Corporation Act 1987 section 96.11\n(2) While the person holds office as the deputy chief12\nexecutive officer under the Gold Corporation Act 198713\nsection 96, the person is taken to be an executive14\nofficer to which section 7C of this Act applies.15\n16\n58. Schedule 2 amended17\nIn Schedule 2 delete the items for:18\nGold Corporation19\nGoldCorp20\nThe Mint21\n\nGold Corporation Amendment Bill 2025\nPart 9 Western Australian Jobs Act 2017 amended\ns. 59\npage 48\nPart 9 — Western Australian Jobs Act 2017 amended1\n59. Act amended2\nThis Part amends the Western Australian Jobs Act 2017.3\n60. Section 3 amended4\nIn section 3(1) delete the definition of government trading5\nentity and insert:6\n7\ngovernment trading entity means —8\n(a) a GTE as defined in the Government Trading9\nEnterprises Act 2023 section 3; or10\n(b) a subsidiary of a body referred to in11\nparagraph (a);12\n13","sortOrder":3}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. The Bill significantly changes the scope of the original Gold Corporation Act 1987. The original Act preserved and continued separate statutory subsidiaries (the Western Australian Mint and GoldCorp Australia) and regulated those entities directly. This Bill consolidates their functions into a single Gold Corporation operating within the GTE Act framework (s.3A, s.54), abolishes the statutory subsidiaries and creates a statutory mechanism for transferring their assets, liabilities, contracts and records into Gold Corporation by ministerial transfer order (ss.81–89, ss.104–105). It therefore expands central State control over transfer timing and content (Ministerial choice, s.82), shifts financial and audit oversight into the GTE and Financial Management Acts (s.54), and introduces new confidentiality mechanics for annual reports (s.56). Those changes take the legislation well beyond simple technical amendments and amount to a structural reorganisation of ownership, governance and regulatory treatment of the State’s gold‑related operations."},"complexity_factors":["Extensive cross‑referencing to the Government Trading Enterprises Act 2023 (s.3A) and selective non‑application of specified GTE sections (s.3A(2))","Large number of deletions and replacements across the Gold Corporation Act 1987 (many whole sections and Part headings removed)","Transfer order regime with detailed mechanics: schedules, non‑publication options, public inspection period, and 2‑year expiry of power (ss.81–83, 82(6), 82(10))","Automatic statutory transfers by operation of law with broad exemptions from taxes/fees and overriding effect despite other written laws (s.83(3))","Obligations on registration/recording officials and certificate evidence rules (ss.87, 83(5)–(6))","Transitional architecture: 3 divisions in Part 10 covering many specific employee/board/indemnity/performance matters (ss.79–106), creating mapping problems","Delegation rules broadened (s.9) with an express carve‑out for document execution and operational interplay with GTE Act execution provisions","Newly inserted discretion over deletion of commercially sensitive information from annual reports requiring Auditor‑General opinion (s.56)","Multiple consequential amendments to other Acts (Freedom of Information Act, Procurement Act, Public Sector Management Act, Salaries and Allowances Act, Western Australian Jobs Act) creating inter‑Act dependencies","Regulatory precedence rules allowing Gold Act regulations to prevail over GTE regulations but requiring dual Minister recommendations (s.40(2)–(4))"],"plain_english_summary":"**What this Bill does, in plain language**\n\n- It restructures how the state-owned Gold Corporation (commonly known as The Perth Mint) is governed and operated by folding its governance and financial administration into the Government Trading Enterprises (GTE) legislative framework and by removing two separate statutory subsidiaries that previously existed (the Western Australian Mint and GoldCorp Australia). (See: new relationship to the GTE Act (s.3A), multiple repeals and winding‑up provisions (Part 10 Division 3, ss. 104–105)).\n\n- It replaces and updates many administrative provisions in the Gold Corporation Act 1987 so that Gold Corporation operates as a GTE under the Government Trading Enterprises Act 2023 for most corporate, financial and employment matters, while keeping a small number of Gold‑specific rules (for example, some GTE sections are declared non-applicable to Gold Corporation: s.3A(2)).\n\n- It abolishes the separate statutory subsidiaries (the Mint and GoldCorp) and provides a mechanism (a Ministerial “transfer order”) to move assets, liabilities, contracts, proceedings and records from those subsidiaries into Gold Corporation automatically and by operation of law, with consequential registration and record‑transfer powers (Part 10 Division 2, ss.81–89). The transfer mechanism is time‑limited: the Minister’s power to make such transfer orders expires 2 years after the relevant provision comes into operation (s.82(10)).\n\n- It modernises Gold Corporation’s commercial powers and organisation: removes a number of old, Mint‑specific limits and clarifies that Gold Corporation may trade under “The Perth Mint” or other trading names (s.4); expands the listed commercial activities (s.10); explicitly allows acquisition and disposal of real and personal property and appointing international agents (s.11(2)(ga)–(gb)); and preserves the Treasurer’s ability to impose limits on borrowing and certain transactions (s.11(3)–(4)).\n\n- It simplifies internal administration by allowing broad delegations (including to non‑employees) but preserves an explicit exclusion for document execution (s.9). It also changes a range of wording (e.g. replaces frequent references to the old “Board” and to “shall” with modernised terms). (See: ss.9; amendments across Part 2.)\n\n- It introduces financial‑administration alignment with the Financial Management Act 2006 and Auditor General Act 2006 (s.54 (replaced)), and creates a limited procedure to remove commercially sensitive material from the copy of the annual report laid before Parliament if the Auditor‑General certifies the sensitivity (s.56).\n\n- It provides transitional arrangements to preserve existing board members, the chief executive officer and deputy chief executive officer in office on their existing terms until their terms expire, and preserves certain pre‑existing indemnities and insurance arrangements that would otherwise be void under the GTE Act (Part 10 Division 3, ss.94–99, 97).\n\n**Who is affected**\n\n- Gold Corporation itself: its governance, financial reporting and authority to act will be largely governed by the GTE Act instead of the old standalone Gold Corporation provisions (s.3A, s.54).\n\n- The abolished statutory subsidiaries (the Mint and GoldCorp): their assets, liabilities, contracts and records can be transferred to Gold Corporation by transfer order; they are to be wound up on the relevant day (ss.81–89; ss.104–105).\n\n- The Treasurer and Minister: gain explicit roles — the Treasurer retains power to impose borrowing and transaction limits (s.11(3)–(4)); the Minister has power to make transfer orders and recommend regulations (ss.82, 40(3)).\n\n- Counterparties, creditors, employees and third parties who have contracts, titles, registrations or proceedings involving the subsidiaries: many of their legal relationships will be substituted to Gold Corporation by operation of law at the transfer time (s.83), and registration/recording officials must record transfers (s.87).\n\n- Parliament, auditors and the public: annual report copies laid before Parliament may be redacted for commercially sensitive information with Auditor‑General sign‑off (s.56); some FOI definitions are updated to point to the GTE Act definition of subsidiary (Part 4 amending Freedom of Information Act).\n\n**Why it matters (mechanics and immediate effects)**\n\n- Centralisation and legal consolidation: the Bill centralises assets, liabilities and functions in Gold Corporation and places the entity within the state’s GTE governance, finance and auditing framework (s.3A, s.54, Part 10). Practically, this reduces the number of separate statutory vehicles (Mint, GoldCorp) and moves corporate and financial rules to the GTE Act.\n\n- Automatic legal transfers: the transfer order mechanism (ss.82–83) causes transfers to occur by operation of statute without conveyance or registration steps being required to effect the legal change (the Bill nevertheless requires the Minister to give instruments to registrars and officials for recording (s.87)). The statute also exempts those transfers from taxes, duties and fees that would otherwise apply (s.83(3)(b)).\n\n- Ministerial discretion and time limits: the Minister has discretion to determine what assets/liabilities/contracts are transferred and when, subject to a 2‑year window to exercise that power (s.82(10)). The Treasurer retains financial‑control rights (s.11(3)–(4)).\n\n- Confidentiality and reporting trade‑offs: the board may ask to remove commercially sensitive information from the versions of annual reports laid before Parliament, but only if the Auditor‑General certifies the sensitivity (s.56). This creates a formal trade‑off between public disclosure and protecting commercially sensitive information.\n\n**Policy claims in the Bill and a practical test against costs and incentives**\n\n- Claim: aligning Gold Corporation with the GTE framework will produce consistent financial oversight and clearer corporate governance. Mechanically that is achieved by making the Financial Management Act and Auditor General Act expressly apply to Gold Corporation (s.54) and moving governance provisions to the GTE framework (s.3A). Trade‑offs: the GTE framework imposes different constraints (e.g. procurement, reporting, executive appointment rules); the Bill selectively preserves some Gold‑specific exceptions (s.3A(2), s.31). Implementation risk: embedding transitional provisions (ss.92–99) limits abrupt change but creates a complex mapping task for transferring contracts, titles and licences.\n\n- Claim: a single legal entity (Gold Corporation) simplifies operations. Mechanically that is accomplished by transfer orders, cancellations of subsidiary shares (s.102) and wind‑up provisions (ss.104–105). Costs and incentives: counterparties face legal substitution by operation of statute (s.83), which reduces their negotiation leverage but reduces transactional friction. There is an opportunity cost for any stakeholder who preferred operations via a separate statutory subsidiary (e.g. separate balance sheets or liability rings). The Bill expressly protects third parties from the transfer being treated as a contract breach or triggering defaults (s.89), which reduces legal risk to counterparties but may also limit existing contractual protections.\n\n- Claim: protecting commercially sensitive information balances business confidentiality with parliamentary accountability. Mechanically, removal requires Auditor‑General certification (s.56). Trade‑offs: this narrows what Parliament receives in public, shifting some disclosure discretion to the Auditor‑General and Minister; costs include reduced transparency for the public and potential disputes about what is “commercially sensitive”.\n\n**Who pays, who decides, and what behaviour changes**\n\n- Who pays: the State remains the ultimate owner; Gold Corporation assumes the assets and liabilities of the subsidiaries (s.83). The exemption from stamp duties and fees for transfers (s.83(3)(b)) shifts administrative cost away from parties registering transfers. If liabilities transferred include outstanding debts, Gold Corporation (and thereby the State) carries those obligations (s.83(2)(b)). Local government rates and other pre‑existing charges that were payable to the subsidiaries that remain unpaid are preserved or redirected as specified in transitional clauses (ss.100–101).\n\n- Who decides: the Minister decides which assets/liabilities/contracts are transferred and when (ss.82–83). The Treasurer retains a role to impose borrowing and transaction limits (s.11(3)–(4)). The board retains operational recommendation duties (s.11(5)). Regulations under this Act may be drafted to prevail over some GTE regulations but require recommendation from both Ministers (s.40(2)–(4)).\n\n- Behaviour changes expected: counterparties will interact with Gold Corporation rather than abolished subsidiaries after transfer times; Gold Corporation will operate under GTE rules for finance and audit; the board and executives continue on their existing terms during transition but future appointments and removals will follow the GTE Act (ss.94–99). The ability to redact annual reports (s.56) may reduce the quantity of information provided to Parliament in some cases.\n\n**Implementation, compliance and risk points to watch**\n\n- Legal and administrative complexity of the transfer process: although transfers occur by statute (s.83), registration officials are required to record transfers (s.87), and schedules need to be available for inspection for 6 months (s.82(6)). There is a real administrative burden to match statutory transfers with land, securities, licences and third‑party registrations.\n\n- Scope of ministerial discretion and the 2‑year window (s.82(10)): concentrating the power to transfer assets/liabilities in the Minister creates timing and decision‑making risks; the limited window imposes deadlines that can drive rushed administrative action.\n\n- Interaction with the GTE Act: the Bill both brings Gold Corporation into the GTE framework and preserves some Gold‑specific exceptions (s.3A(2)). That hybrid treatment requires careful legal interpretation in areas where the Acts overlap (the Bill adds express rules on which instrument prevails — e.g., Treasurer’s instructions and regulations: ss.50–51, 40).\n\n- Protection of counterparties and preservation of pre‑existing indemnities: the Bill expressly protects third parties from transfers being treated as contract breaches (s.89) and preserves certain indemnity/insurance agreements in force before transition day (s.97), limiting potential disruption but raising questions about future consistency under the GTE Act.\n\n**Key sections to look at for further detail**\n- Relationship to the GTE Act and non‑applicable sections: s.3A(1)–(2)\n- Delegation and execution rules: s.9 (and note: execution of documents excluded) \n- Expanded commercial powers and Treasurer limits: ss.10–12 and s.11(3)–(5)\n- Transfer orders (assets/liabilities/contracts) and related registration/record provisions: ss.81–89\n- Financial administration alignment and Auditor‑General/annual report redaction: s.54 (replaced) and s.56\n- Transitional arrangements for officers, indemnities and winding up subsidiaries: Part 10 Division 3 (ss.92–105)\n\n"},"summary":{"status_summary":"The Gold Corporation Amendment Bill 2025 is at the second reading stage in the Legislative Council of Western Australia.","complexity_score":6,"likely_questions":["Will the abolition of the Mint and GoldCorp affect existing contracts, leases, or employment agreements?","How will the Minister decide which assets and liabilities are transferred, and can affected parties object?","What happens to gold held by the Mint or GoldCorp at the time of abolition?","Do the new limits on gold borrowing by the Treasurer restrict Gold Corporation's commercial operations?","How does the exemption from stamp duty on asset transfers interact with other state taxes?"],"complexity_factors":["Extensive cross-referencing and carve-outs to the Government Trading Enterprises Act 2023","Multiple commencement dates, including provisions commencing by proclamation","Ministerial transfer orders with retrospective correction powers and limited third-party protections","Abolition of statutory subsidiaries without compensation, raising legal and operational transition risks","Transitional provisions that preserve old terms for directors and officers but apply new governance rules","Consequential amendments to nine other Acts, requiring coordination across different legal frameworks"],"plain_english_summary":"This Bill abolishes the Western Australian Mint and GoldCorp Australia, transfers their assets, liabilities and obligations to Gold Corporation by ministerial order (without compensation), and brings Gold Corporation into the Government Trading Enterprises Act 2023 with several carve‑outs. It preserves current executives and board members, cancels existing Gold Corporation shares, and gives the Treasurer new powers over gold borrowing/leasing and certain transactions. The change centralises authority, reduces regulatory layers and compliance costs, but transfers counterparty risks and leaves uncertainty about ministerial transfer criteria."}},"importantCases":[],"_links":{"self":"/api/acts/gold-corporation-amendment-bill-2025","history":"/api/acts/gold-corporation-amendment-bill-2025/history","analysis":"/api/acts/gold-corporation-amendment-bill-2025/analysis","conflicts":"/api/acts/gold-corporation-amendment-bill-2025/conflicts","importantCases":"/api/acts/gold-corporation-amendment-bill-2025/important-cases","documents":"/api/acts/gold-corporation-amendment-bill-2025/documents"}}