{"id":"sgio-privatisation-act-1992","name":"SGIO Privatisation Act 1992","slug":"sgio-privatisation-act-1992","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110180,"registerId":"wa-sgio-privatisation-act-1992-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"SGIO Privatisation Act 1992","content":"![Crest]()Western Australia\n\nSGIO Privatisation Act 1992\n\nWestern Australia\n\nSGIO Privatisation Act 1992\n\nContents\n\n1. Short title 1\n\n2. Use of names 1\n\n3. Saving 2\n\nNotes\n\nCompilation table 3\n\nDefined terms\n\n  \n\nWestern Australia\n\nSGIO Privatisation Act 1992\n\nAn Act to regulate the use of names or expressions by SGIO Insurance Limited, and for other purposes.\n\n[Long title inserted: No. 45 of 1996 s. 38.]\n\n##### 1. Short title\n\nThis Act may be cited as the *SGIO Privatisation Act 1992* 1.\n\n[Part 1 and heading deleted: No. 45 of 1996 s. 38.]\n\n[Part 2 and heading deleted: No. 45 of 1996 s. 38.]\n\n[Part 3 and heading deleted: No. 45 of 1996 s. 38.]\n\n[Part 4 and heading deleted: No. 45 of 1996 s. 38.]\n\n[Part 5 heading deleted: No. 45 of 1996 s. 38.]\n\n##### 2. Use of names\n\n(1) SGIO Insurance Limited or any subsidiary, within the meaning of the *Corporations Act 2001* of the Commonwealth, is not to use in connection with its business the name “State Government Insurance Office” or any other name or expression (apart from “SGIO”) which suggests that it is associated with the Government.\n\n(2) In subsection (1) —\n\n  SGIO Insurance Limited means the public company incorporated in accordance with section 6 as enacted before the commencement of section 38 of the *Acts Amendment (ICWA) Act 1996*.\n\n[Section 2, formerly section 25, renumbered as section 2 and amended: No. 45 of 1996 s. 38; No. 10 of 2001 s. 220.]\n\n##### 3. Saving\n\n(1) Despite the repeals effected by the amending provisions —\n\n(a) sections 3, 4(1), 9 to 14, 17 and 27 as enacted before the commencement of the amending provisions 2; and\n\n(b) any arrangements made under section 8(2) or 26 as enacted before the commencement of the amending provisions 3,\n\ncontinue to operate and apply to such extent and for such time as may be necessary.\n\n(2) The operation and application referred to in subsection (1) is subject to the operation of Part 3 of the *Acts Amendment (ICWA) Act 1996*.\n\n(3) In subsection (1) —\n\n  amending provisions means section 38 of the *Acts Amendment (ICWA) Act 1996* and item 13 of Schedule 1 to that Act.\n\n[Section 3 inserted: No. 45 of 1996 s. 38.]\n\n[**26-30.** Deleted: No. 45 of 1996 s. 38.]\n\n[Schedules 1 and 2 deleted: No. 45 of 1996 s. 38.]\n\nNotes\n\n1 This is a compilation of the *SGIO Privatisation Act 1992* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *SGIO Privatisation Act 1992* | 49 of 1992 | 9 Dec 1992 | Long title, s. 1, 2, 4, 5 and Pt. 2: 9 Dec 1992 (see s. 2(1));   balance other than s. 28 and 29: 24 Dec 1992 (see s. 2(2) and *Gazette* 24 Dec 1992 p. 6277);   s. 28 and 29: 7 Jan 1993 (see s. 2(3) and *Gazette* 7 Jan 1993 p. 15) |\n| *Acts Amendment (ICWA) Act 1996* s. 38 | 45 of 1996 | 25 Oct 1996 | 1 Oct 1997 (see s. 2 and *Gazette* 23 Sep 1997 p. 5357) |\n| *Corporations (Consequential Amendments) Act 2001* s. 220 | 10 of 2001 | 28 Jun 2001 | 15 Jul 2001 (see s. 2 and *Gazette* 29 Jun 2001 p. 3257 and Cwlth *Gazette* 13 Jul 2001 No. S285) |\n| **Reprint 1: The *SGIO Privatisation Act 1992* as at 13 Feb 2004** (includes amendments listed above) | | | |\n\n\n2 The *SGIO Privatisation Act 1992* s. 3 as enacted before the commencement of the amending provisions, read as follows:\n\n“\n\n3. Act binds the Crown\n\nThis Act binds the Crown not only in right of Western Australia but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.\n\n”.\n\nThe *SGIO Privatisation Act 1992* s. 4(1) as enacted before the commencement of the amending provisions, read as follows:\n\n“\n\n4. Definitions\n\n(1) In this Act, unless the contrary intention appears —\n\n  allotment day means the day notified in the *Gazette* under section 21;\n\n  appointed day has the meaning given by subsection (2);\n\n  assets means property of every kind whether tangible or intangible, real or personal, corporeal or incorporeal, and without limiting the generality of the foregoing includes choses in action, goodwill, rights, interests and claims of every kind in or to property, prepaid expenses and future income tax benefits, whether arising from, accruing under, created or evidenced by, or the subject of, an instrument or otherwise and whether liquidated or unliquidated, actual, contingent or prospective;\n\n  Commission and Corporation have the same meanings as in the principal Act;\n\n  insurance includes assurance, co-assurance, re-insurance, guarantee and surety;\n\n  liability means any liability, duty or obligation whether actual, contingent or prospective, and includes an unearned premium reserve;\n\n  life policy has the same meaning as in the *Life Insurance Act 1945* of the Commonwealth, and also means approved deposit funds, annuities and other superannuation policies;\n\n  policy includes contract;\n\n  pre-allotment period means the period between the appointed day and the allotment day if they are not the same day;\n\n  principal Act means the *State Government Insurance Commission Act 1986*;\n\n  right means any right, power, privilege or immunity whether actual, contingent or prospective;\n\n  SGIO Insurance Limited means the public company incorporated in accordance with section 6;\n\n  transfer statement means the statement and any amendments to it approved by the Treasurer under section 8 (3).\n\n”.\n\nThe *SGIO Privatisation Act 1992* s. 9 to 14, as enacted before the commencement of the amending provisions, read as follows:\n\n“\n\n9. Transfer of assets and liabilities\n\nOn and after the appointed day —\n\n(a) the assets and rights of the Commission and the Corporation described in the transfer statement are, by force of this section, vested in SGIO Insurance Limited;\n\n(b) the liabilities of the Commission and the Corporation described in the transfer statement become, by force of this section, the liabilities of SGIO Insurance Limited so far as they have not been paid or discharged;\n\n(c) agreements and instruments relating to the assets, rights and liabilities referred to in paragraphs (a) and (b) have effect, by force of this section, as if SGIO Insurance Limited were substituted for the Commission or the Corporation as a party to the agreement or instrument;\n\n(d) all proceedings commenced before the appointed day by or against the Commission or the Corporation and described in the transfer statement are to be taken to be proceedings by or against SGIO Insurance Limited;\n\n(e) any act, matter or thing done or omitted to be done in relation to the assets, rights and liabilities referred to in paragraphs (a) and (b) before the appointed day by, to or in respect of the Commission or the Corporation (to the extent that that act, matter or thing has any force or effect) is to be taken to have been done or omitted by, to or in respect of SGIO Insurance Limited;\n\n(f) the Commission and the Corporation are to deliver to SGIO Insurance Limited all registers, papers, documents, minutes, receipts, books of account and other records (however compiled, recorded or stored) relating to —\n\n(i) the assets, rights and liabilities referred to in paragraphs (a) and (b); and\n\n(ii) proceedings referred to in paragraph (d).\n\n10. Transfer of liabilities under insurance policies\n\n(1) In this section —\n\nexisting policies means all policies of insurance (other than inwards re-insurance policies or life policies) existing immediately before the appointed day being policies that were issued by the Corporation or policies under which the Corporation had undertaken liability;\n\n  existing outwards re-insurance policies means all re-insurance policies existing immediately before the appointed day issued by another person under which the Corporation was re-insured in respect of all or part of its liabilities or risks under existing policies;\n\n  inwards re-insurance policies means all policies of re-insurance issued by the Corporation under which the Corporation re-insured the liability or risk of another person under a policy of insurance and includes any liability or risk identified immediately before the appointed day in the inwards re-insurance account of the Corporation.\n\n(2) On and after the appointed day —\n\n(a) all existing policies are to be taken to be, and, subject to the terms and conditions of the policy, continue to have effect as if they were policies issued by SGIO Insurance Limited; and\n\n(b) all existing outwards re-insurance policies that relate to existing policies are to be taken to be and, subject to the terms and conditions of the outwards re-insurance policy, continue to have effect as if they were policies that re-insure SGIO Insurance Limited in respect of existing policies.\n\n11. Liability of Corporation continued for transferred policies\n\n(1) The liability of the Corporation existing immediately before the appointed day under an existing policy, as defined in section 10(1), continues after that day, but only to the extent that SGIO Insurance Limited is in default of its obligations under the policy.\n\n(2) The liability referred to in subsection (1), other than a claim, or a right to claim, that has actually arisen before the appointed day —\n\n(a) ceases on a variation of the policy or contract after the allotment day; and\n\n(b) does not apply to a policy or contract that is renewed on its expiry after the allotment day.\n\n(3) Any liability discharged under this section constitutes a debt due by SGIO Insurance Limited to the Corporation.\n\n12. Saving\n\nThe operation of sections 9, 10, and 11 is not to be regarded —\n\n(a) as a breach of contract or confidence or otherwise as a civil wrong;\n\n(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities or the disclosure of information;\n\n(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability; or\n\n(d) as releasing, or allowing the release of, any surety.\n\n13. Completion of necessary transactions\n\nWhere any asset, right or liability cannot be properly vested in or succeeded to by the SGIO Insurance Limited by the operation of this Part (whether because the matter is governed otherwise than by the law of the State, or for any other reason) the Commission and the Corporation must take all practicable steps for the purpose of securing that such asset, right or liability is effectively vested in or succeeded to by the SGIO Insurance Limited.\n\n14. Registration of documents\n\n(1) The Registrar of Titles, the Registrar of Deeds, the Ministers respectively administering the *Land Act 1933* and *the Mining Act 1978*, and any other person authorized by a written law to record and give effect to the registration of documents relating to transactions affecting any estate or interest in land or other property, are to take notice of the provisions of this Part and are empowered to record and register in the appropriate manner such of those documents as are necessary to give effect to this Part.\n\n(2) Without limiting subsection (1) a statement in an instrument executed by the SGIO Insurance Limited that any estate or interest in land or other property has become vested in it under section 9 is evidence of that fact.\n\n”.\n\nThe *SGIO Privatisation Act 1992* s. 17 as enacted before the commencement of the amending provisions, read as follows:\n\n“\n\n17. Workers compensation\n\nSGIO Insurance Limited is by this section taken to have, immediately before the appointed day, applied for and been granted approval as an approved insurance office under section 161 (4) of the *Workers’ Compensation and Rehabilitation Act 1981*, but the operation of that section is not otherwise affected by this section.\n\n”.\n\nThe *SGIO Privatisation Act 1992* s. 27 as enacted before the commencement of the amending provisions, read as follows:\n\n“\n\n27. Crown Solicitor may continue to act\n\nWhere the Crown Solicitor is acting as solicitor on instructions from the Corporation before the appointed day in respect of any matter and the matter has not been concluded before that day the Crown Solicitor may, subject to any direction of SGIO Insurance Limited, continue to act in respect of that matter on and after the appointed day and the allotment day; and SGIO Insurance Limited, in respect of that matter only and for the purposes of the recovery of legal costs (if any), is to be treated as if it were an agent of the Crown.\n\n”.\n\n3 The *SGIO Privatisation Act 1992* s. 8(2) as enacted before the commencement of the amending provisions, read as follows:\n\n“\n\n8. Statement to be prepared\n\n(2) The Commission, the Corporation and SGIO Insurance Limited may agree on terms and conditions, not inconsistent with the transfer statement, relating to the vesting and transfer of assets, rights and liabilities that occur by operation of sections 9 and 10 including arrangements for —\n\n(a) the allocation of income in respect of the assets referred to in section 9 (a);\n\n(b) unearned premium income relating to existing policies under section 10;\n\n(c) any actual or prospective liability of SGIO Insurance Limited for Commonwealth tax which may include arrangements to indemnify SGIO Insurance Limited in respect of such liability.\n\n”.\n\nThe *SGIO Privatisation Act 1992* s. 26 as enacted before the commencement of the amending provisions, read as follows:\n\n“\n\n26. Provision of services etc. to SGIO Insurance Limited\n\nThe Commission and the Corporation may enter into arrangements with SGIO Insurance Limited on such terms as they think fit for the provision of services, facilities and office accommodation to or by SGIO Insurance Limited after the allotment day.\n\n”.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\namending provisions 3(3)\n\nSGIO Insurance Limited 2(2)\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. The Act originally implemented the full privatisation mechanics for the State Government Insurance Office—vesting assets and liabilities in a new public company, transferring existing insurance policies, providing for registration of documents, workers compensation approvals, and related transactional provisions (see the original sections quoted in the compilation notes: sections 9–14, 17, 27 and others such as sections 8(2) and 26). After later amendments (notably the Acts Amendment (ICWA) Act 1996 and subsequent consequential amendments), many of those operational parts were deleted and the remaining operation was narrowed to a prohibition on use of government‑suggesting names by SGIO and a saving clause preserving specified pre‑amendment transfer effects as necessary (see section 2 and section 3). In short, the Act’s scope has been narrowed from a comprehensive privatisation statute to a focused naming regulation plus transitional savings preserving legacy transfer consequences."},"complexity_factors":["Act is very short in current text (3 operative sections)","Cross‑references to multiple amending Acts (Acts Amendment (ICWA) Act 1996 s.38 and Corporations (Consequential Amendments) Act 2001 s.220)","Saving clause (s3) preserves numerous originally detailed provisions (sections 3,4,9–14,17,27 and arrangements under ss 8(2) and 26) which increases transitional complexity","Several substantial parts and schedules deleted by amendment, requiring readers to consult historical versions for full effect (deleted Parts and Schedules noted in compilation)","Definition of SGIO Insurance Limited refers to its form as enacted before a specified amendment, producing a time‑dependent definition (s2(2))","Compilation table and notes require reading external documents and dated commencements to understand which provisions remain in force","No enforcement/penalty language in the surviving prohibition (s2) — interpretive uncertainty about remedies increases legal complexity"],"plain_english_summary":"**What this law does (mechanically)**\n\n- The Act currently does two things in operation: (a) it stops SGIO Insurance Limited and its subsidiaries from using a name or phrase that suggests they are connected with the Western Australian Government (except the short name “SGIO” is allowed) (see section 2(1)); and (b) it preserves (as a transitional or “saving” measure) a set of earlier privatisation provisions so they continue to operate to the extent necessary despite later repeals and amendments (see section 3).\n\n**Who this affects**\n\n- Directly affected: SGIO Insurance Limited (the public company formed out of the former State Government Insurance Office) and any subsidiary company as defined under the Commonwealth Corporations Act (see section 2(1) and the definition in section 2(2)).\n- Indirectly affected: counterparties, registries and public officials who dealt with the original privatisation transfers (because some earlier transfer and transitional arrangements are preserved by the saving clause) (see section 3).\n\n**Why it matters (stated purpose and practical effect)**\n\n- The short title and the Act’s text show its regulatory focus: to control the use of names or expressions by the successor insurance company (long title and section 2). The practical effect of section 2(1) is that the company cannot trade, advertise, label documents or otherwise present itself in a way that suggests it remains a government entity (for example, it must not use “State Government Insurance Office” or any expression that implies government association), but it may continue using the abbreviation “SGIO”.\n\n- Section 3 is a transitional provision that keeps certain earlier parts of the Act (mainly the original privatisation mechanics) operating as long as they are needed despite later repeals or amendments. That means the legal effects of asset and liability transfers, treatment of existing insurance policies, and other specified transactional consequences enacted before later amendments continue to have effect to the extent required (see section 3(1) and the compilation notes listing the original provisions preserved).\n\n**Who pays / who decides / how behaviour changes**\n\n- Who pays: SGIO Insurance Limited bears the compliance cost of not using government‑suggesting names. Those costs could include changing signage, stationery, advertising and contract language if any remnants of an old name remain in use. The Act itself does not set out a monetary penalty in the text shown; it imposes a statutory prohibition (section 2) which will be enforced as a legal restriction (the text does not specify enforcement mechanisms or fines).\n\n- Who decides: Parliament set the rule; the courts or relevant regulators would determine compliance or remedies if a dispute arose. The saving clause (section 3) preserves the operation of earlier transfer arrangements and cross‑statutory interactions as required by the amending Acts cited.\n\n- Behaviour changes required: the company and its subsidiaries must avoid using names or expressions that imply government association, and those relying on the earlier privatisation provisions must continue to treat the preserved transfer and transitional arrangements (listed in section 3(1) and the compilation notes) as operative where relevant.\n\n**Policy rationale claimed and practical trade‑offs**\n\n- The Act’s expressed objective is narrow: to regulate company naming (long title, section 2). A plausible rationale is to prevent public confusion about whether the insurer is a government instrumentality. That purpose is consistent with the prohibition in section 2(1).\n\n- Trade‑offs and costs: the rule reduces the risk that customers wrongly assume government ownership or backing; conversely, it imposes compliance costs on the company (rebranding, contractual updates). The saving clause preserves certain pre‑amendment transfer consequences (assets, liabilities, existing policies, and related arrangements), which reduces legal uncertainty for third parties and for the company but keeps some legacy obligations and complexity alive (see section 3(1)).\n\n- Implementation risks and discretion: the text does not itself set out enforcement procedures or specific sanctions for breach of section 2(1), so enforcement will depend on general legal remedies or other statutory powers elsewhere. The saving provision (section 3) introduces interpretive complexity because it ties present operation to the state of the law as it existed before particular amending provisions, and it defers certain interactions to the Acts Amendment (ICWA) Act 1996 (see section 3(2)).\n\n**Relevant specific mechanics and references**\n\n- Prohibition on name use: section 2(1).\n- Definition of the company to which the prohibition applies: section 2(2) (note this definition cross‑references the status of incorporation before the 1996 amendment and has been aligned with the Corporations Act by later amendment noted in the compilation table).\n- Transitional/saving provision preserving pre‑amendment privatisation mechanics: section 3 (see particularly 3(1) and 3(2)). The compilation notes list the specific original provisions preserved (for example, original sections dealing with transfer of assets and liabilities, insurance policy treatment, registration, and other transfer mechanics as they stood before the 1996 amendments).\n\nOverall, the active substance of the Act as currently compiled is a targeted prohibition on certain name usages by SGIO and a saving clause that maintains earlier privatisation transfer effects where they remain necessary (sections 2 and 3)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The legislation has shrunk dramatically from its original purpose. It was originally a comprehensive privatisation statute that established SGIO Insurance Limited, transferred all assets and liabilities from the State Government Insurance Commission, dealt with insurance policy transfers, workers compensation approvals, and corporate restructuring. Following amendments in 1996 and 2001, most of the Act was deleted. It is now essentially a 'zombie' Act that only preserves certain transitional arrangements and imposes name restrictions, having lost its original core function of facilitating the privatisation itself."},"complexity_factors":["The current active text is very short (only 3 operative sections)","Heavy reliance on historical context—most of the Act has been deleted and only 'saving' provisions remain","Multiple cross-references to repealed provisions that are preserved in the notes/explanatory material rather than the operative text","Requires understanding of the Corporations Act 2001 (Cth) for the definition of 'subsidiary'","Nested definitions: 'amending provisions' defined in s 3(3) refers to external legislation","The compilation table and notes contain substantial operative historical text that is necessary to understand what the saving provision actually saves"],"plain_english_summary":"This is a Western Australian law that deals with the privatisation of a government insurance company called SGIO (State Government Insurance Office).\n\n**What it does now:**\nThe law has been heavily stripped back over time. Currently, it only does two main things:\n\n1. **Name restrictions**: It stops SGIO Insurance Limited (the privatised company) and its subsidiaries from using the full name \"State Government Insurance Office\" or any other name that suggests they are still connected to the government. They can only use \"SGIO\".\n\n2. **Saving provisions**: It keeps certain old rules alive for a limited time to deal with leftover matters from when the company was privatised in the 1990s. These saved provisions cover things like:\n   - The transfer of assets and liabilities from the old government body to the new private company\n   - How existing insurance policies were handed over\n   - Workers' compensation approvals\n   - Legal arrangements that were in progress when the privatisation happened\n\n**Who it affects:**\n- SGIO Insurance Limited (now a private insurance company)\n- Anyone who had insurance policies with the old government insurance office\n- The Western Australian government (which used to own the insurer)\n\n**Why it matters:**\nThis law ensures that when a government-owned insurer was sold off to private owners, the transition happened smoothly without disrupting existing insurance policies. The name restriction is important consumer protection—it stops the privatised company from misleading people into thinking it's still a government entity."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was retrievable. The page has been taken down due to system upgrades on the WA government website."},"complexity_factors":["Legislation content was entirely unavailable — only the title and an error page were provided","No provisions, schedules, definitions, or operative clauses could be assessed","Score reflects inability to analyse, not an assessment of the Act's actual complexity — privatisation legislation of this type is typically moderately to highly complex in practice"],"plain_english_summary":"## SGIO Privatisation Act 1992 (WA)\n\n**The content of this legislation could not be retrieved.** The page hosting this Western Australian law is no longer available on the official website due to system upgrades.\n\n### What we know from the title alone:\n- **SGIO** refers to the **State Government Insurance Office**, a Western Australian government-owned insurance body\n- This Act (passed in 1992) almost certainly governed the **sale of SGIO from public (government) ownership to private hands** — a process called privatisation\n- It would have affected **SGIO employees, policyholders, and the broader WA insurance market**\n\n### What to do if you need this law:\n- Visit the **Western Australian Legislation website** (legislation.wa.gov.au) and search directly for \"SGIO Privatisation Act 1992\"\n- Contact the **Parliamentary Counsel's Office Helpdesk** as suggested on the error page\n- Check **AustLII** (austlii.edu.au) as an alternative source for WA legislation"}},"importantCases":[],"_links":{"self":"/api/acts/sgio-privatisation-act-1992","history":"/api/acts/sgio-privatisation-act-1992/history","analysis":"/api/acts/sgio-privatisation-act-1992/analysis","conflicts":"/api/acts/sgio-privatisation-act-1992/conflicts","importantCases":"/api/acts/sgio-privatisation-act-1992/important-cases","documents":"/api/acts/sgio-privatisation-act-1992/documents"}}