{"id":"state-trading-concerns-act-1916","name":"State Trading Concerns Act 1916","slug":"state-trading-concerns-act-1916","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110398,"registerId":"wa-state-trading-concerns-act-1916-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"State Trading Concerns Act 1916","content":"![Crest]()Western Australia\n\nState Trading Concerns Act 1916\n\nWestern Australia\n\nState Trading Concerns Act 1916\n\nContents\n\n1. Short title and commencement 1\n\n3. Continuance of specified concerns authorised 1\n\n4. Application of Act 1\n\n4A. Certain activities may be authorised by regulation 2\n\n4B. Extension of statutory functions by regulation 3\n\n5A. Credit card and debit card administration fee 6\n\n5. Funds 7\n\n6. Administration — trading concerns to be under the control of Minister 7\n\n7. Agency special purpose account for each concern to be kept in Treasury 8\n\n8. Contribution of interest and sinking fund 8\n\n9. Interest on capital expenditure from Consolidated Account 9\n\n10. Charges for use of property and services 9\n\n12. Temporary investment of moneys 10\n\n13. Balance to be carried forward 10\n\n14. Application of *Financial Management Act 2006* and *Auditor General Act 2006* 10\n\n15. Depreciation 11\n\n17. Provision to meet deficiency pending appropriation 11\n\n18. Treatment of profit and loss 11\n\n23. Transfer of assets to a trading concern 11\n\n24. Transfer of assets between trading concerns 12\n\n25. Power to sell or lease trading concerns 12\n\n26A. Discontinuance of State Quarry, Boya 12\n\n26B. Amalgamation of State Saw Mills and State Brick Works into one trading concern as State Building Supplies 13\n\n26C. The West Australian Meat Export Works 15\n\n27. Settlement of disputes 16\n\n28. Regulations 16\n\nSchedule — Continuing trading concerns\n\nNotes\n\nCompilation table 19\n\nDefined terms\n\n  \n\nWestern Australia\n\nState Trading Concerns Act 1916\n\nAn Act to regulate the establishment, carrying on, and management of trading concerns by the Government of the State, and to authorise the continuance or disposal of certain trading concerns, and to extend the functions of certain agencies, and for other relative purposes.\n\n[Long title amended: No. 45 of 1999 s. 4.]\n\n##### 1. Short title and commencement\n\nThis Act may be cited as the *State Trading Concerns Act 1916*, and shall come into operation on a date to be fixed by proclamation 1.\n\n[**2.** Omitted under the Reprints Act 1984 s. 7(4)(f).]\n\n##### 3. Continuance of specified concerns authorised\n\nThe trading concerns mentioned in the Schedule may be continued and carried on under and subject to the provisions of this Act.\n\n##### 4. Application of Act\n\n(1) This Act shall apply to —\n\n(a) the trading concerns mentioned in the Schedule;\n\n(b) such other trading concerns as Parliament may hereafter authorise the establishment of and declare to be subject to this Act.\n\n(2) No trading concerns, other than those to which this Act applies or shall apply, shall unless expressly authorised by Parliament or under section 4A be hereafter established or carried on by the Government of the State or by any person acting on behalf of such Government or under its authority.\n\n(3) The expression trading concern means any concern carried on with the view to making profits or producing revenue, or of competing with any trade or industry now or to be hereafter established, or of entering into any business beyond the usual functions of State Government.\n\n[Section 4 amended: No. 18 of 1997 s. 4.]\n\n##### 4A. Certain activities may be authorised by regulation\n\n(1) In this section —\n\n  accountable authority has the meaning given by section 3 of the *Financial Management Act 2006*;\n\n  financial entity means —\n\n(a) a department of the Public Service; or\n\n(b) an entity which forms part of a department of the Public Service and which has an accountable authority other than the chief executive officer of the department;\n\n  Minister responsible, in relation to a financial entity, means the Minister within the meaning of the *Financial Management Act 2006*.\n\n(2) A trading concern is authorised for the purposes of section 4(2) if —\n\n(a) the trading concern is carried on by a prescribed financial entity;\n\n(b) the trading concern consists of a prescribed activity involving the provision (in the State or elsewhere) of —\n\n(i) goods, information or intellectual property;\n\n(ii) scientific, technical, educational, training, management or advisory services; or\n\n(iii) advertising opportunities or opportunities to participate in arrangements in the nature of advertising or having a purpose similar to advertising;\n\nand\n\n(c) the amount of any fee or charge imposed by the financial entity in the course of carrying on the trading concern has been approved by the Minister responsible for the financial entity.\n\n(3) For the purposes of this section, the amount of a fee or charge that is determined in a manner that has been approved by the Minister responsible for a financial entity is to be regarded as having been approved by that Minister.\n\n(4) The Minister responsible for a financial entity may delegate the power to give approval under subsection (2)(c) or (3) in relation to fees or charges imposed by the financial entity to the accountable authority of the financial entity.\n\n(5) A reference in this section to the carrying on of a trading concern by a financial entity includes a reference to the carrying on of a trading concern by the State for that financial entity.\n\n[Section 4A inserted: No. 18 of 1997 s. 5; amended: No. 45 of 1999 s. 5; No. 77 of 2006 s. 6, 9 and Sch. 1 cl. 162(1).]\n\n##### 4B. Extension of statutory functions by regulation\n\n(1) In this section —\n\naccountable authority  has the meaning given by section 3 of the *Financial Management Act 2006*;\n\nchief executive officer has the meaning given by section 3 of the *Public Sector Management Act 1994*;\n\nMinister means a Minister of the Crown;\n\nMinister responsible, in relation to a statutory corporation, means the Minister to whom the administration of the Act under which the statutory corporation is constituted is for the time being committed by the Governor;\n\nstatutory corporation means —\n\n(a) a Minister or chief executive officer who is constituted as a body corporate under an Act; or\n\n(b) any other body corporate that is constituted for a public purpose under an Act and is an agency of the Crown in right of the State.\n\n(2) Subject to subsections (3) and (5), a prescribed statutory corporation can carry on a prescribed activity involving the provision (in the State or elsewhere) of —\n\n(a) goods, information or intellectual property;\n\n(b) scientific, technical, educational, training, management or advisory services; or\n\n(c) advertising opportunities or opportunities to participate in arrangements in the nature of advertising or having a purpose similar to advertising.\n\n(3) A statutory corporation (other than a Minister) cannot impose a fee or charge in the course of carrying on an activity authorised by subsection (2) unless the amount of the fee or charge has been approved by the Minister responsible for the statutory corporation.\n\n(4) Subsection (2) does not limit any other functions of a statutory corporation, and an activity authorised by subsection (2) may be carried on in addition to those other functions.\n\n(5) Subsection (2) has effect even if the Act under which a statutory corporation is constituted imposes a general prohibition or restriction on entry by the statutory corporation into business undertakings or arrangements, but subsection (2) does not authorise a statutory corporation to carry on an activity if another enactment expressly prevents the statutory corporation from carrying on that activity.\n\n(6) For the purposes of subsection (3), the amount of a fee or charge that is determined in a manner that has been approved by the Minister responsible for a statutory corporation is to be regarded as having been approved by the Minister.\n\n(7) The Minister responsible for a statutory corporation may delegate the power to give approval under subsection (3) or (6) in relation to fees or charges imposed by the statutory corporation —\n\n(a) if the statutory corporation has an accountable authority, to the accountable authority; or\n\n(b) if the statutory corporation is a chief executive officer, to the chief executive officer.\n\n(8) If a Minister is a statutory corporation, the Minister may delegate to the chief executive officer of the agency principally assisting the Minister in the administration of the Act under which the statutory corporation is constituted the power —\n\n(a) to fix the amount of a fee or charge to be imposed by the statutory corporation in the course of carrying on an activity authorised by subsection (2); or\n\n(b) to specify the manner in which the amount of such a fee or charge is to be determined.\n\n(9) If, during a financial year, a statutory corporation enters into a contract in the course of carrying out an activity authorised by subsection (2)(c) —\n\n(a) the identity of the parties to the contract;\n\n(b) the term of the contract;\n\n(c) the amount of any fee or charge referred to in subsection (3) imposed by the statutory corporation in relation to the contract; and\n\n(d) any other information relating to the contract that the Minister responsible for the statutory corporation considers relevant,\n\nare to be included in the annual report of the statutory corporation submitted for that financial year under the *Financial Management Act 2006*.\n\n(10) If a contract referred to in subsection (9) —\n\n(a) contains a provision of a kind prescribed for the purposes of this subsection; or\n\n(b) is of a type prescribed for the purposes of this subsection,\n\nthe Minister responsible for the statutory corporation must cause a copy of the contract to be laid before each House of Parliament within 6 sitting days of the House after the contract is made.\n\n(11) If the contract is not in writing, the reference in subsection (10) to a copy of the contract is a reference to a document setting out the terms and conditions of the contract.\n\n[Section 4B inserted: No. 45 of 1999 s. 6; amended: No. 77 of 2006 Sch. 1 cl. 162(2) and (3).]\n\n##### 5A. Credit card and debit card administration fee\n\n(1) In this section —\n\ncredit card means —\n\n(a) an article of a kind commonly known as a credit card; or\n\n(b) any similar article intended for use in obtaining cash, goods or services on credit;\n\ncredit ***or debit*** card administration fee means a fee, not exceeding the amount approved under this section, for the making of a payment by use of a credit card or debit card;\n\ndebit card means an article intended for use by a person in obtaining access to an account that is held by the person for the purpose of withdrawing or depositing cash or obtaining goods or services;\n\nstatutory corporation has the meaning given in section 4B(1).\n\n(2) The imposition of a credit or debit card administration fee is authorised for the purposes of section 4(2).\n\n(3) A credit or debit card administration fee can be imposed by a statutory corporation on a person making a payment to the statutory corporation by means of a credit card or debit card.\n\n(4) A credit or debit card administration fee must not exceed the amount approved by the Treasurer.\n\n(5) Different amounts can be approved in relation to different types of credit cards or debit cards.\n\n(6) The amount of a credit or debit card administration fee that is determined in a manner that has been approved by the Treasurer is to be regarded as having been approved by the Treasurer.\n\n[Section 5A inserted: No. 17 of 2010 s. 21.]\n\n##### 5. Funds\n\nThe funds necessary for the establishment or carrying on of any trading concern shall be such moneys as may from time to time be appropriated by Parliament for the purpose.\n\n##### 6. Administration — trading concerns to be under the control of Minister\n\n(1) Every trading concern shall be under the control of a Minister of the Crown charged by the Governor from time to time with its administration and hereinafter referred to as the Minister.\n\n(2) The Minister shall be a body corporate with perpetual succession and an official seal and may by such name as the Governor may determine hold real and personal property and sue and be sued in contract or in tort in respect of any matter relating to or connected with the trading concern or arising from the management, maintenance, or carrying on thereof.\n\n(3) On the appointment of a Minister for any trading concern, all property, assets, and rights vested in the Crown or any person for the purposes of the concern shall become vested in the Minister, and all liabilities of the Crown in respect of the concern shall become liabilities of the Minister.\n\n(4) A Minister appointed to control any of the trading concerns specified in the Schedule shall be deemed the successor of any Minister appointed for the control thereof under the Act hereby repealed, as if such lastmentioned Minister had been incorporated.\n\n(5) No petition of right or other proceeding shall be presented to or maintained against the Crown for any matter in respect of which an action may be brought against a Minister under this section.\n\n##### 7. Agency special purpose account for each concern to be kept in Treasury\n\n(1) An agency special purpose account is established for each trading concern under section 16 of the *Financial Management Act 2006*, in the name of the concern.\n\n(2) The Treasurer shall place to the credit of such account moneys appropriated by Parliament for the purposes of the trading concern, in such sums as may appear to him to be necessary to meet the financial requirements of the concern.\n\n(3) All moneys received or expended in connection with the operations of the concern shall be credited or debited in the account, together with such other moneys as are hereinafter directed to be entered in such account.\n\n[Section 7 amended: No. 49 of 1996 s. 64; No. 77 of 2006 Sch. 1 cl. 162(4).]\n\n[**7A.** Deleted: No. 66 of 1984 s. 41.]\n\n##### 8. Contribution of interest and sinking fund\n\n(1) There shall be entered and debited in each year in the banking account of each concern —\n\n(a) such amounts as shall be fixed by the Treasurer as the interest and sinking fund contributions payable for the year in respect of such portion of the Consolidated Account as shall have been applied to the purposes of the undertaking;\n\n(b) such further contributions to a sinking fund as may be approved by the Treasurer to be necessary to produce the principal of the aforesaid portion of the Consolidated Account or any other capital expenditure at such earlier date (if any) as may be prescribed by the Governor.\n\n[(2) deleted]\n\n(3) The accrued interest on the sinking fund contributions as certified by the Under Treasurer shall be incorporated in the accounts of each trading concern.\n\n[Section 8 amended: No. 98 of 1985 s. 3; No. 6 of 1993 s. 15; No. 77 of 2006 s. 4; No. 17 of 2014 s. 41(2).]\n\n##### 9. Interest on capital expenditure from Consolidated Account\n\n(1) Interest on the daily balance of money provided out of moneys standing to the credit of the Consolidated Account shall be charged in the books of each trading concern. The amount of such interest shall be credited to the Consolidated Account half‑yearly or at such other time as the Treasurer shall direct.\n\n(2) The rate of interest shall be from time to time, fixed by the Treasurer.\n\n[Section 9 amended: No. 6 of 1993 s. 11; No. 49 of 1996 s. 64; No. 77 of 2006 s. 4.]\n\n##### 10. Charges for use of property and services\n\n(1) There shall be entered and debited in the banking account of each trading concern such sum as in the opinion of the Treasurer represents the value of the use for the purposes of the concern of Government buildings or other property, or of part services of any Government officers not wholly employed upon the concern, or of services rendered by any Government Department.\n\n(2) Any amount debited under this section shall be treated as revenue to be credited to the Consolidated Account as and when directed by the Treasurer; provided that, where a departmental vote has already been debited in the current financial year, then the amount shall be credited to such vote or treated as a rebate of the departmental expenditure where the annual estimates of such department provide for a rebate of expenditure.\n\n[Section 10 amended: No. 6 of 1993 s. 11; No. 49 of 1996 s. 64; No. 77 of 2006 s. 4.]\n\n[**11.** Deleted: No. 98 of 1985 s. 3.]\n\n##### 12. Temporary investment of moneys\n\nAll moneys standing to the credit of an account for the capital expenditure of a trading concern may, until required for the purposes of the concern, be temporarily invested, as the Treasurer may direct, in any securities wherein moneys standing to the credit of the Public Bank Account constituted under the *Financial Management Act 2006* may lawfully be invested, and all interest thereon shall be credited to the account in respect of which the moneys have been invested.\n\n[Section 12 amended: No. 98 of 1985 s. 3; No. 49 of 1996 s. 64; No. 77 of 2006 Sch. 1 cl. 162(5).]\n\n##### 13. Balance to be carried forward\n\nThe balance standing to the credit of the banking account of a trading concern at the end of every financial year shall be applied as the Governor may direct, and, in the absence of any direction, shall be carried forward to the next year’s account.\n\n##### 14. Application of *Financial Management Act 2006* and *Auditor General Act 2006*\n\nThe provisions of the *Financial Management Act 2006* and the *Auditor General Act 2006* regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of every trading concern and its operations.\n\n[Section 14 inserted: No. 98 of 1985 s. 3; amended: No. 77 of 2006 Sch. 1 cl. 162(6).]\n\n##### 15. Depreciation\n\nThe Treasurer shall determine the amount of the depreciation of the assets of any trading concern.\n\n[**16.** Deleted: No. 98 of 1985 s. 3.]\n\n##### 17. Provision to meet deficiency pending appropriation\n\n(1) If the revenue receipts of any trading concern are insufficient to meet the working expenses during the financial year, the deficiency shall be provided out of the working capital shown in the Schedule, or provided by Parliamentary appropriation, as the case may be.\n\n(2) If the funds (including working capital) of any trading concerns are insufficient to meet requirements during the financial year, the trading concern may borrow from the Treasurer.\n\n[Section 17 amended: No. 98 of 1985 s. 3.]\n\n##### 18. Treatment of profit and loss\n\nThe profit or loss for each trading concern for each financial year, when ascertained, shall be treated in such manner as the Treasurer shall direct, but any profit available in cash and not required for the purposes of the concern shall be credited to the Consolidated Account.\n\n[Section 18 amended: No. 6 of 1993 s. 11; No. 49 of 1996 s. 64; No. 77 of 2006 s. 4.]\n\n[**19‑22.** Deleted: No. 98 of 1985 s. 3.]\n\n##### 23. Transfer of assets to a trading concern\n\n(1) Where any of the fixed or floating assets purchased out of Loan or Revenue Funds not provided under this Act or the *Government Trading Concerns Act 1912* 2, have been or may hereafter be transferred to a trading concern such assets shall be deemed the assets of such concern, and shall be incorporated by transfer entries in the books of the trading concern.\n\n(2) The Treasurer shall require the trading concern to be charged annually with interest, and a contribution to the sinking fund on the capital value (as may be determined) of such assets.\n\n(3) The rate of interest and contribution to the sinking fund shall be fixed by the Treasurer.\n\n##### 24. Transfer of assets between trading concerns\n\n(1) Where any of the assets of a trading concern purchased out of the funds provided under this Act or the *Government Trading Concerns Act 1912* 2, have been transferred to another trading concern in existence or hereinafter to be created, transfer entries shall be passed in the books of each concern, reducing and increasing the capital of the concerns.\n\n(2) The proportion of interest and sinking fund contribution charges in respect of such assets, shall be adjusted accordingly, or in such manner as the Treasurer shall direct.\n\n##### 25. Power to sell or lease trading concerns\n\nThe Minister may sell or lease any trading concern for such amount, and upon such terms and conditions as may be approved by the Governor in Council.\n\n[Section 25 amended: No. 46 of 1930 s. 2.]\n\n[**26.** Deleted: No. 17 of 2014 s. 41(3).]\n\n##### 26A. Discontinuance of State Quarry, Boya\n\n(1) In this section —\n\n  appointed day means 31 August 1950;\n\n  concern means the State trading concern known as the State Quarry, Boya;\n\n  corporate body means the corporate body authorised to carry on the concern;\n\n  Reserve means ↑8006 Greenmount (Quarries) vested in the Honourable the Minister for Works by Order in Council.\n\n(2) On the appointed day, by virtue of this section —\n\n(i) the concern shall cease to be carried on and shall be abolished;\n\n(ii) the corporate body shall be dissolved;\n\n(iii) the Reserve until then vested in the corporate body by virtue of the provisions of section 6(3) shall cease to be so vested and shall revest in the Honourable the Minister for Works and be held by him as formerly by authority of the Order in Council referred to in the last preceding subsection;\n\n(iv) other property, if any remains undisposed of, shall cease to be vested in the corporate body and shall vest in the Honourable the Minister for Works to be held by him on behalf of Her Majesty to be dealt with as the Governor may direct.\n\n[Section 26A inserted: No. 10 of 1950 s. 3.]\n\n##### 26B. Amalgamation of State Saw Mills and State Brick Works into one trading concern as State Building Supplies\n\n(1) In this section —\n\n  appointed day means the day on which the *State Trading Concerns Act Amendment Act 1956* 1, comes into operation;\n\n  Minister means Minister of the Crown for the time being charged with the administration of the trading concern formed, pursuant to this section, by the amalgamation of the State trading concerns known as State Saw Mills and State Brick Works.\n\n(2)(a) On the appointed day the State trading concerns mentioned in the Schedule, which immediately prior to that day were known and being carried out as State Saw Mills and State Brick Works shall, by force of this section, become amalgamated and form one trading concern.\n\n(b) The Governor may from time to time charge one of the Ministers of the Crown with the administration of the trading concern so formed.\n\n(c) The trading concern so formed shall on and after the appointed day be subject to this Act and be carried on under the control of the Minister who shall be a body corporate by the name of “State Building Supplies”, with perpetual succession and an official seal, and may by that name and for the purposes of the trading concern hold real and personal property and sue and be sued in contract or in tort in respect of any matter relating to or connected with it or arising from the management, maintenance, or carrying on of the concern.\n\n(d) Upon the amalgamation of the trading concerns referred to in paragraph (a) —\n\n(i) all the property, assets and rights vested\n\nin the corporate bodies by and in whose names those concerns were, prior to the amalgamation, carried on\n\nor\n\nin any other person or body for the purposes of both or either of those concerns\n\nshall cease to be so vested and shall be vested in the Minister;\n\n(ii) all the liabilities and obligations of both or either of those concerns shall become the liabilities and obligations of the Minister;\n\n(iii) the corporate bodies by and in whose names those concerns were, prior to the amalgamation, carried on shall be dissolved.\n\n(e) On and after the amalgamation so referred to —\n\n(i) actions and other proceedings already commenced by or against either of those concerns may be continued by or against the Minister;\n\n(ii) actions and other proceedings which at the date of the amalgamation could have been brought by or against either of those concerns may be brought by or against the Minister.\n\n(3) No action or other proceeding shall be maintained against the Crown for any matter in respect of which an action or proceeding may be brought against the Minister under this section.\n\n(4) Upon application by the Minister persons authorised or required by Act to record transactions affecting estates and interests in land shall make such records as are necessary to give effect to the vesting in the Minister of any estate or interest in land in accordance with the provisions of this section.\n\n(5) For the purposes of section 17, the working capital of the trading concern formed by the amalgamation of the trading concerns as provided in subsection (2) shall be the aggregate of the working capital of both those concerns as at the appointed day.\n\n[Section 26B inserted: No. 26 of 1956 s. 3.]\n\n##### 26C. The West Australian Meat Export Works\n\n(1) In this section —\n\n  appointed day means the day on which the *Acts Amendment (Western Australian Meat Commission) Act 1975* 1, comes into operation;\n\n  concern means The West Australian Meat Export Works established as a State Trading Concern under that name pursuant to the *West Australian Meat Export Works Act 1942* 3;\n\n  corporate body means the corporate body hitherto authorised to carry on the concern under this Act;\n\n  the Commission means the Western Australian Meat Commission 4 constituted pursuant to the *Abattoirs Act 1909* 5.\n\n(2) On and after the appointed day, pursuant to the provisions of the *Abattoirs Act 1909* 5 and by virtue of this section —\n\n(a) the concern shall cease to be carried on pursuant to this Act and shall be carried on by the Commission pursuant to the *Abattoirs Act 1909* 5; and\n\n(b) the corporate body shall be deemed to have been preserved and continued in existence under and subject to the provisions of the *Abattoirs Act 1909* 5 under the name Western Australian Meat Commission 4.\n\n[Section 26C inserted: No. 70 of 1975 s. 35.]\n\n##### 27. Settlement of disputes\n\nAll matters in dispute between a trading concern and any Government department arising out of the operations of such trading concern shall be referred to the Treasurer, and the decision of the Treasurer upon all such matters in dispute shall be final.\n\n##### 28. Regulations\n\nThe Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.\n\n[Section 28 inserted: No. 18 of 1997 s. 6.]\n\nSchedule — Continuing trading concerns\n\n[s. 3, 4 and 17]\n\n[Heading amended: No. 19 of 2010 s. 4.]\n\n| **Name of Concern** | **Nature of Operations** | **Amount of Fixed Capital at 30 June 1916** | **Amount of Working Capital at 30 June 1916** | **Amount of Additional Capital necessary to meet requirements after 30 June 1916** | | | **Capital — Grand Total** |\n| --- | --- | --- | --- | --- | --- | --- | --- |\n|  |  |  |  | **Fixed** | **Working** | **Total** |  |\n| State Building Supplies | Felling, conversion, and marketing of timber, including all expenses incurred in dealing, purchasing, selling, and transportation (local and overseas), and any other business appertaining or incidental to the Timber Trade Trading and General Stores, and performing services incidental to settlements at various Timber Stations Chartering of vessels for transport of timber and return freights, payment of wages, purchase of ships’ stores, maintenance, etc., necessary to the navigation of vessels so chartered Production and sale of all classes of pressed and other bricks, and any other business appertaining or incidental to brick‑making or brick yards, with shale and clay deposits | $<br>.... | $<br>.... | $<br>.... | $<br>.... | $<br>.... | $<br>.... |\n| State Implement and Engineering Works 6 | General engineering and jobbing work, manufacture, and sale of agricultural and farming machinery, accessories and spare parts; purchase and sale of imported agricultural and farming machinery, spare parts, oil, twine, and general farming and agricultural sundries, and the carrying on of any business appertaining or incidental to above, including the purchase of stores and raw material required; establishing of Agencies on Commission, etc. | 188,940 | 461,060 | .... | 100,000 | 100,000 | 750,000 |\n| State Shipping Service | To manage, maintain, control, and operate vessels purchased, taken on lease or hire or acquired by the Government of Western Australia. To establish agencies and depots and to perform all such acts as may be necessary in the conduct of a shipping business. To act as Agents for the Government of Western Australia or any other persons in connection with the operating of vessels or cargo. To carry on any other business on behalf of the Government of Western Australia that can be conveniently conducted in conjunction with above. | $<br>484,000 | $<br>120,000 | $<br>46,000 | $<br> 70,000 | $<br>116,000 | $<br>720,000 |\n| State Hotels | Licensed Victualler. To carry out the provisions of Part VI of the Licensing Act in accordance with Local Option Poll taken in 1911 | 78,800 | *Nil* | 1,700 | 500 | 2,200 | 81,000 |\n| Meat Distribution | Retailing meat, and all acts necessary and incidental thereto for the purpose of controlling the retail price thereof | 1,970 | 2,000 | 1,200 | 4,000 | 5,200 | 9,170 |\n| Shipment of North‑West Cattle | Purchasing and shipping cattle from North‑West to Metropolis for purpose of ensuring supplies during War and regulating wholesale prices of meat | *Nil* | *Nil* | .... | 20,000 | 20,000 | 20,000 |\n| State Fish Supply | To procure fish and retail to the public, and all acts incidental of and necessary thereto | 12,200 | 2,000 | 1,200 | 2,000 | 3,200 | 17,400 |\n\n\n[Schedule amended: No. 5 of 1932 s. 3; No. 10 of 1950 s. 4; No. 26 of 1956 s. 4; No. 113 of 1965 s. 8(1).]\n\nNotes\n\n1 This is a compilation of the *State Trading Concerns Act 1916* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint 7.\n\nCompilation table\n\n| **Short title** | | **Number and year** | | | **Assent** | **Commencement** | |\n| --- | --- | --- | --- | --- | --- | --- | --- |\n| *State Trading Concerns Act 1916* | | 12 of 1917 (7 Geo. V No. 32) | | | 28 Mar 1917 | 1 Apr 1917 (see s. 1 and *Gazette* 25 May 1917 p. 849) | |\n| *State Trading Concerns Act Amendment Act 1930* | | 46 of 1930 (21 Geo. V No. 46) | | | 30 Dec 1930 | 30 Dec 1930 | |\n| *State Trading Concerns Act Amendment Act (No. 2) 1932* 8 | | 5 of 1932 (23 Geo. V No. 5) | | | 31 Oct 1932 | 1 Apr 1933 (see s. 2 and *Gazette* 13 Apr 1933 p. 564) | |\n| *State Trading Concerns Act Amendment Act 1950* | | 10 of 1950 (14 Geo. VI No. 10) | | | 17 Nov 1950 | 17 Nov 1950 | |\n| *State Trading Concerns Act Amendment Act 1956* | | 26 of 1956 (5 Eliz. II No. 26) | | | 29 Nov 1956 | 1 Jul 1957 (see s. 2 and *Gazette* 24 May 1957 p. 1491) | |\n| *Decimal Currency Act 1965* | | 113 of 1965 | | | 21 Dec 1965 | Act other than s. 4‑9: 21 Dec 1965 (see s. 2(1));   s. 4-9: 14 Feb 1966 (see s. 2(2)) | |\n| *State Trading Concerns Act Amendment Act 1968* | | 9 of 1968 | | | 26 Sep 1968 | 26 Sep 1968 | |\n| *State Trading Concerns Act Amendment Act 1972* | | 25 of 1972 | | | 9 Jun 1972 | 9 Jun 1972 | |\n| **Reprint of the *State Trading Concerns Act 1916* approved 9 Feb 1973** (includes amendments listed above) | | | | | | | |\n| *Acts Amendment (Western Australian Meat Commission) Act 1975* Pt. II | | 70 of 1975 | | | 7 Nov 1975 | 1 Jul 1976 (see s. 2 and *Gazette* 18 Jun 1976 p. 2047) | |\n| *State Engineering Works Act 1984* s. 41 | | 66 of 1984 | | | 5 Nov 1984 | 1 Jan 1985 (see s. 2 and *Gazette* 7 Dec 1984 p. 4017) | |\n| *Acts Amendment (Financial Administration and Audit) Act 1985* s. 3 | | 98 of 1985 | | | 4 Dec 1985 | 1 Jul 1986 (see s. 2 and *Gazette* 30 Jun 1986 p. 2255) | |\n| *Financial Administration Legislation Amendment Act 1993* s. 11 and 15 | | 6 of 1993 | | | 27 Aug 1993 | 1 Jul 1993 (see s. 2(1)) | |\n| *Financial Legislation Amendment Act 1996* s. 64 | | 49 of 1996 | | | 25 Oct 1996 | 25 Oct 1996 (see s. 2(1)) | |\n| *State Trading Concerns Amendment Act 1997* | | 18 of 1997 | | | 8 Jul 1997 | 8 Jul 1997 (see s. 2) | |\n| **Reprint of the *State Trading Concerns Act 1916* as at 18 Aug 1997** (includes amendments listed above) | | | | | | | |\n| *State Trading Concerns Amendment Act 1999* | | 45 of 1999 | | | 7 Dec 1999 | 7 Dec 1999 (see s. 2) | |\n| **Reprint 3: The *State Trading Concerns Act 1916* as at 6 Feb 2004** (includes amendments listed above) | | | | | | | |\n| *Financial Legislation Amendment and Repeal Act 2006* s. 4, 6, 9 and Sch. 1 cl. 162 | | 77 of 2006 | | | 21 Dec 2006 | 1 Feb 2007 (see s. 2(1) and *Gazette* 19 Jan 2007 p. 137) | |\n| **Reprint 4: The *State Trading Concerns Act 1916* as at 5 Mar 2010** (includes amendments listed above) | | | | | | | |\n| *Revenue Laws Amendment and Repeal Act 2010* Pt. 4 | | 17 of 2010 | | | 25 Jun 2010 | 26 Jun 2010 (see s. 2(b)) | |\n| *Standardisation of Formatting Act 2010* s. 4 | | 19 of 2010 | 28 Jun 2010 | | 11 Sep 2010 (see s. 2(b) and *Gazette* 10 Sep 2010 p. 4341) |\n| *Statutes (Repeals and Minor Amendments) Act 2014* s. 41 | | 17 of 2014 | 2 Jul 2014 | | 6 Sep 2014 (see s. 2(b) and *Gazette* 5 Sep 2014 p. 3213) |\n\n\n2 Repealed by section 2 of this Act.\n\n3 Repealed by the *Acts Amendment (Western Australian Meat Commission) Act 1975*.\n\n4 Under the *Acts Amendment (Meat Industry) Act 1985* s. 37, a reference to the Western Australian Meat Commission in a written law, in relation to its meat marketing operations, was, unless the context was such that it would be inappropriate, to be read as a reference to the Western Australian Meat Marketing Corporation. The Western Australian Meat Marketing Corporation has not existed since the *Marketing of Meat Act 1971* expired as a result of the amendment made to it by the *Marketing of Meat Amendment Act 1999* s. 14.\n\n5 Repealed by the *Meat Industry Legislation (Amendment and Repeal) Act 1993*.\n\n6 Under the *State Engineering Works Act 1984* s. 39 a reference to the State Implement and Engineering Works in a written law is to be read, deemed and taken to refer to the State Engineering Works of Western Australia established by the *State Engineering Works Act 1984*. The *State Engineering Works Act 1984* was repealed by the *State Engineering Works Repeal Act 1988.*\n\n7 Marginal notes referring to other legislation have been omitted from this reprint.\n\n8 The *State Trading Concerns Act Amendment Act (No. 2) 1932* was repealed before it commenced by the *Statute Law Revision Act 2006* s. 3(1).\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\naccountable authority 4A(1), 4B(1)\n\nappointed day 26A(1), 26B(1), 26C(1)\n\ncard administration fee 5A(1)\n\nchief executive officer 4B(1)\n\nconcern 26A(1), 26C(1)\n\ncorporate body 26A(1), 26C(1)\n\ncredit 5A(1)\n\ncredit card 5A(1)\n\ndebit card 5A(1)\n\nfinancial entity 4A(1)\n\nMinister 4B(1), 26B(1)\n\nMinister responsible 4A(1), 4B(1)\n\nReserve 26A(1)\n\nstatutory corporation 4B(1), 5A(1)\n\nthe Commission 26C(1)\n\ntrading concern 4(3)\n","sortOrder":0}],"analysis":{"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the full text of the Act is unavailable. No determination can be made about whether the legislation's scope evolved from its original 1916 intent without access to the current version of the Act and any amending legislation."},"complexity_factors":["No legislative text is available for analysis — the source page has been taken offline","Only the Act's title and metadata can be assessed","Any complexity rating based solely on a title would be speculative and potentially misleading","Historical legislation from 1916 may contain archaic drafting styles if text were available, which would typically increase complexity"],"plain_english_summary":"## State Trading Concerns Act 1916 (WA)\n\n**⚠️ Content Unavailable**\n\nThe text of this Western Australian law is not available — the page hosting it has been taken offline due to system and security upgrades on the WA legislation website.\n\n**What we know from the title alone:**\n- This is a **Western Australian Act** (state law, not federal)\n- It dates from **1916**, making it over 100 years old\n- It likely relates to **government-run commercial enterprises** (businesses owned or operated by the state government, sometimes called 'state trading concerns' or government business enterprises)\n- Laws of this era often dealt with how governments could engage in commercial activities, compete with private businesses, or regulate state-owned trading operations\n\n**Who might be affected:** Government agencies, state-owned enterprises, businesses dealing with state trading bodies, and potentially consumers.\n\n**Bottom line:** Without access to the actual legislation, no reliable legal analysis can be provided. Visit the [WA Parliamentary Counsel's Office](https://www.legislation.wa.gov.au) directly and search for this Act to find the current text."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has significantly expanded beyond its original 1916 purpose of managing specific physical trading concerns (saw mills, brick works, shipping, hotels). Modern amendments (particularly 1997, 1999, 2006, 2010) have transformed it into a broad framework allowing virtually any government department or statutory corporation to engage in commercial activities—including intangible services like intellectual property, consulting, and advertising. The original Schedule listed specific industrial operations with fixed capital amounts; now the Act authorises generic 'prescribed activities' across the public sector. The addition of credit/debit card fee provisions (2010) further shows evolution toward modern commercial administrative practices rather than traditional state trading."},"complexity_factors":["Multiple amendment layers: The Act dates from 1916 but has been heavily amended over 100+ years, creating a patchwork of old and new provisions","Cross-referencing: Heavy reliance on external legislation (Financial Management Act 2006, Auditor General Act 2006, Public Sector Management Act 1994) for definitions and operational rules","Nested definitions: Section 4A and 4B contain multiple defined terms that reference other Acts (accountable authority, chief executive officer, statutory corporation)","Conditional logic: Sections 4A and 4B contain multiple conditions for authorising trading activities (prescribed entities, prescribed activities, ministerial approval requirements)","Historical transitional provisions: Sections 26A, 26B, and 26C contain specific 'appointed day' mechanisms for abolishing or amalgamating specific historical concerns (State Quarry, State Saw Mills, West Australian Meat Export Works)","Deleted sections: Numerous sections deleted over time (sections 2, 7A, 11, 16, 19-22, 26) creating gaps in numbering that can confuse navigation","Dual control structures: Complex arrangements where Ministers act as corporate bodies but delegate powers to accountable authorities or chief executive officers","Regulation-dependent provisions: Key operational details left to regulations (sections 4A, 4B, 28) meaning the Act's full effect isn't visible in the primary legislation"],"plain_english_summary":"This is Western Australia's law governing businesses run by the State Government—things like shipping services, building supplies, and hotels. It sets the rules for how these 'trading concerns' operate, get funded, and report their finances.\n\n**What it does:**\n*   **Authorises specific businesses:** Lists which government businesses can exist (like State Building Supplies and State Shipping Service) and says Parliament must approve any new ones.\n*   **Sets up the money side:** Requires these businesses to keep special bank accounts, pay interest on government loans, contribute to sinking funds (savings to repay debts), and follow modern financial management laws.\n*   **Puts Ministers in charge:** Each trading concern is controlled by a Minister who acts as a legal 'body corporate' (like a company) that can own property and be sued.\n*   **Allows commercial activities:** Lets government departments and statutory corporations (public bodies created by law) sell goods, services, and even advertising if approved by the relevant Minister.\n*   **Handles credit card fees:** Specifically allows government bodies to charge fees when people pay by credit or debit card.\n\n**Who it affects:**\n*   State Government departments running commercial operations\n*   Statutory corporations (like public authorities)\n*   Anyone doing business with these state entities\n*   The Treasurer and Ministers responsible for these operations\n\n**Why it matters:**\nThis law ensures that when the government goes into business—competing with private companies or providing commercial services—it does so with proper financial oversight, transparency, and accountability. It prevents government bodies from launching commercial ventures without approval while giving flexibility for modern services like consulting or intellectual property sales."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Originally the Act required explicit parliamentary authorisation before the Government could establish or carry on trading concerns (s.4(2)). Subsequent provisions in the current text create regulatory pathways that allow prescribed financial entities and statutory corporations to carry on specified commercial activities and impose fees with ministerial or Treasurer approval (s.4A, s.4B, s.5A). Those regulatory authorisations expand the mechanisms by which government agencies may enter revenue‑earning activity without a separate Act of Parliament, while keeping ministerial and Treasurer oversight and reporting controls in place (s.4A(2)(c), s.4B(3), s.5A(4), s.4B(9)–(10))."},"complexity_factors":["Cross‑references to external financial statutes (Financial Management Act 2006 and Auditor General Act 2006) that import additional rules and reporting obligations (s.14).","Multiple, overlapping delegations and approval gates for fees and activities (Minister, Treasurer, accountable authorities, chief executives) in ss.4A, 4B and 5A.","Centralised Treasury controls over account management, interest, sinking fund contributions and depreciation, requiring numerical and accounting inputs (ss.7–9, s.15).","Historic and schedule‑based continuance and vesting provisions that treat named concerns differently (s.3, Schedule, ss.26A–26C).","Statutory discretion concentrated in Ministers and the Treasurer (s.6, s.8–10, s.15, s.27) that interacts with regulatory authorisations (s.28).","Specific reporting and parliamentary‑laying requirements for certain contracts (s.4B(9)–(10)), adding procedural complexity.","Provisions for transfers between concerns, sales or leases, and borrowings that require Treasury accounting adjustments (ss.23–25, s.17)."],"plain_english_summary":"# What this law does\n\n- It sets the rules for State \"trading concerns\" — government activities that operate to make a profit, produce revenue, or otherwise carry on business beyond usual government functions (definition: s.4(3)).\n- It expressly authorises the continuance of the specific businesses listed in the Schedule (s.3, Schedule). Those concerns remain subject to the Act.\n- It stops the Government (or anyone acting on its authority) from establishing or carrying on any other trading concern unless Parliament expressly authorises it or the activity is authorised under the regulatory authorisations in the Act (s.4(2), s.4A, s.4B).\n\n# Who decides and who pays\n\n- Parliamentary appropriation pays for establishment or operation of trading concerns (s.5). Profits that are cash and not required by the concern are credited to the Consolidated Account (s.18).\n- Each trading concern is placed under the control of a Minister, who becomes a corporate body for that purpose and who takes on the concern’s assets and liabilities on appointment (s.6(1)–(4), s.6(3)).\n- Financial control is concentrated in Treasury and the Treasurer: accounts for each concern are kept in Treasury (s.7); the Treasurer fixes interest rates (s.9), requires interest and sinking fund contributions (s.8), determines depreciation (s.15), and may direct how balances are applied (s.13). The Treasurer also has final decision‑making power in disputes between a concern and a Government department (s.27).\n- The Governor may make regulations to implement the Act (s.28).\n\n# What commercial activities are lawful under the Act and how they are authorised\n\n- The Act keeps a default rule that government business activity must be authorised by Parliament (s.4(2)).\n- It also creates a regulatory pathway by which prescribed departments or statutory corporations may carry on specified commercial activities (provision of goods, information or IP; scientific/technical/educational/training/management/advisory services; advertising or advertising‑like opportunities) if they are prescribed and any fees are approved by the relevant Minister or Treasurer (s.4A, s.4B).\n- Statutory corporations may impose credit/debit card administration fees within Treasurer‑approved limits (s.5A).\n\n# Financial rules, reporting and audit\n\n- Each trading concern must have an agency special purpose account in Treasury and all receipts and payments go through that account (s.7).\n- The Financial Management Act 2006 and the Auditor General Act 2006 apply to each trading concern for financial administration, audit and reporting (s.14). For certain advertising contracts, prescribed contract details must be included in a statutory corporation’s annual report and some contracts must be laid before Parliament (s.4B(9)–(10)).\n\n# Concrete mechanisms that change behaviour and incentives\n\n- By defining \"trading concern\" and requiring parliamentary or prescribed approval, the Act channels where and how public agencies can enter commercial markets (s.4(2)–(3), s.4A, s.4B).\n- The regulatory authorisations (s.4A, s.4B) allow particular government agencies to sell goods, services, IP and advertising‑type opportunities and to levy fees where the Minister/Treasurer approves the amounts; approval can be delegated to accountable authorities or chief executives (s.4A(4), s.4B(7)–(8)). This creates an administrative route for agencies to earn revenue without separate Acts of Parliament, subject to ministerial/treasurer oversight.\n- Financially, Treasury control of accounts, interest and sinking fund contributions (s.7–9, s.8) and treatment of profits/losses (s.18, s.17) shape incentives to operate commercially (for example, concerns keep earnings only to the extent the Treasurer permits).\n\n# Compliance burden, discretion and transparency\n\n- Compliance and reporting follow central public finance law: accounts in Treasury (s.7), application of the Financial Management Act and Auditor General Act (s.14), and specified annual report and Parliament‑laying obligations for certain contracts (s.4B(9)–(10)). These impose audit, reporting and recordkeeping requirements.\n- The Act vests substantial financial and operational discretion in Ministers and the Treasurer: appointment of controlling Minister and vesting of assets and liabilities (s.6), Treasurer‑set interest, sinking fund contributions and depreciation (s.8–9, s.15), dispute resolution (s.27), and approval of fees (s.4A, s.4B, s.5A). Many of those powers may be delegated under the Act’s provisions (s.4A(4), s.4B(7)–(8)).\n\n# Concentrated benefits and diffuse costs (mechanisms, not judgements)\n\n- The Schedule lists named State concerns that may continue under the Act (s.3, Schedule). Those named concerns are specific, concentrated beneficiaries of the statutory regime.\n- The cost side is handled through Parliamentary appropriation and the Consolidated Account (s.5, s.18). The Act therefore turns decisions about capital and working funds for trading concerns into budgetary choices for Parliament and Treasury (s.5, s.7, s.17).\n\n# Trade‑offs, opportunity costs and implementation risks\n\n- Trade‑off: the Act permits selected public bodies to engage in commercial activity under ministerial/treasurer oversight (s.4A, s.4B) while preserving a default rule that new trading concerns need parliamentary authorisation (s.4(2)).\n- Opportunity cost: money appropriated for trading concerns is allocated from parliamentary budgeting processes (s.5), meaning those funds are not available for other uses unless reallocated by Parliament.\n- Implementation risk and administrative complexity arise from cross‑references to other financial statutes (s.14), multiple delegated approval points (s.4A(4), s.4B(7)–(8)), and Treasury’s central role in account and charge settings (s.7–10).\n\n# Key statutory citations (examples)\n\n- Definition and authorisation rules: s.4(2)–(3); s.4A; s.4B\n- Fund provision and accounts: s.5; s.7\n- Treasurer powers (interest, sinking funds, charges): s.8–10; s.9; s.15\n- Minister control and vesting of assets/liabilities: s.6\n- Audit and reporting framework: s.14; s.4B(9)–(10)\n- Final dispute decision: s.27\n- Governor’s regulation‑making power: s.28\n\nPurpose claims in the statute’s long title and text present the Act as a framework to regulate the establishment, carry on and management of State trading concerns and to authorise continuance or disposal of certain concerns. The Act achieves those purposes by (a) listing continueable concerns (Schedule, s.3), (b) restricting new trading concerns to parliamentary or prescribed authorisation (s.4(2), s.4A, s.4B), and (c) creating a Treasury‑centred financial governance model (s.5, s.7–10, s.14). These mechanisms create particular decision points (Minister appointment, Treasurer approvals, regulatory prescriptions) and reporting/audit obligations that shape the incentives, compliance costs and discretion around government commercial activity."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/state-trading-concerns-act-1916","history":"/api/acts/state-trading-concerns-act-1916/history","analysis":"/api/acts/state-trading-concerns-act-1916/analysis","conflicts":"/api/acts/state-trading-concerns-act-1916/conflicts","importantCases":"/api/acts/state-trading-concerns-act-1916/important-cases","documents":"/api/acts/state-trading-concerns-act-1916/documents"}}