{"id":"western-australian-health-promotion-foundation-act-2016","name":"Western Australian Health Promotion Foundation Act 2016","slug":"western-australian-health-promotion-foundation-act-2016","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111134,"registerId":"wa-western-australian-health-promotion-foundation-act-2016-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Western Australian Health Promotion Foundation Act 2016","content":"![Crest]()Western Australia\n\nWestern Australian Health Promotion Foundation Act 2016\n\nWestern Australia\n\nWestern Australian Health Promotion Foundation Act 2016\n\nContents\n\nPart 1 — Preliminary\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Terms used 2\n\n4. Object of Act 3\n\nPart 2 — Western Australian Health Promotion Foundation\n\nDivision 1 — The Foundation\n\n5. Foundation established 4\n\n6. Status of Foundation 4\n\nDivision 2 — Functions of Foundation\n\n7. Functions 4\n\n8. Powers 5\n\n9. Delegation by Foundation 6\n\nPart 3 — Administration of Foundation\n\nDivision 1 — How Foundation is constituted\n\n10. Term used: unable to act 8\n\n11. Foundation membership, presiding member 8\n\n12. Deputy presiding member 9\n\n13. Remuneration and allowances 9\n\n14. Term of office 9\n\n15. Casual vacancies 9\n\n16. Extension of term of office during vacancy 10\n\n17. Leave of absence 11\n\n18. Alternate members 11\n\nDivision 2 — Foundation meetings\n\n19. Holding meetings 11\n\n20. Quorum 11\n\n21. Presiding member 12\n\n22. Procedure at meetings 12\n\n23. Holding meetings remotely 12\n\n24. Voting 12\n\n25. Resolution without meeting 12\n\n26. Minutes to be kept 12\n\nDivision 3 — Committees\n\n27. Committees 13\n\n28. Remuneration and allowances 13\n\nDivision 4 — Disclosure of interests\n\n29. Term used: member 13\n\n30. Disclosure of material personal interest 14\n\n31. Voting by interested member 14\n\n32. Section 31 may be declared inapplicable 14\n\n33. Quorum where section 31 applies 15\n\nDivision 5 — Execution of documents\n\n34. Execution of documents by Foundation 15\n\nPart 4 — Staff\n\n35. Chief executive officer 17\n\n36. Other staff 17\n\n37. Contracts for services 17\n\n38. Use of other government staff and facilities 17\n\nPart 5 — Accountability\n\n39. Minister may give directions 19\n\n40. Minister to have access to information 19\n\nPart 6 — Financial provisions\n\n41. Application of *Financial Management Act 2006* and *Auditor General Act 2006* 21\n\n42. Western Australian Health Promotion Account 21\n\n43. Foundation’s funds and expenditure 21\n\n44. Notice of financial difficulty 23\n\nPart 7 — Miscellaneous\n\n45. Protection from liability for wrongdoing 24\n\n46. Confidentiality of information 24\n\n47. Regulations 25\n\n48. Laying documents before House of Parliament not sitting 25\n\n49. Review of Act 25\n\nPart 8 — Consequential amendments to other Acts\n\nDivision 1 — *Constitution Acts Amendment Act 1899* amended\n\n50. Act amended 27\n\n51. Schedule V amended 27\n\nDivision 2 — *Public Sector Management Act 1994* amended\n\n52. Act amended 27\n\n53. Schedule 2 amended 27\n\nDivision 3 — *Tobacco Products Control Act 2006* amended\n\n54. Act amended 27\n\n55. Section 3 replaced 28\n\n3. Purposes of Act 28\n\n56. Part 5 heading replaced 28\n\nPart 5 — Administration\n\n57. Part 5 Divisions 1 to 3 deleted 28\n\n58. Part 5 Division 4 heading deleted 28\n\n59. Section 122 deleted 29\n\n60. Section 124A amended 29\n\n61. Section 126 deleted 29\n\n62. Schedule 1 deleted 29\n\n63. Schedule 2 deleted 29\n\n64. Glossary amended 29\n\nPart 9 — Transitional provisions\n\n65. Terms used 31\n\n66. *Interpretation Act 1984* not affected 31\n\n67. Foundation continues 31\n\n68. Members cease to hold office on transition day 32\n\n69. First Foundation members under this Act 32\n\n70. First CEO under this Act 32\n\n71. Other employees of Foundation 32\n\n72. Preservation of employee rights 33\n\n73. People engaged to provide assistance 33\n\n74. Western Australian Health Promotion Account 34\n\n75. Investments 34\n\n76. Exemption from State tax 34\n\n77. Transitional regulations 35\n\nNotes\n\nCompilation table 37\n\nDefined terms\n\n  \n\n![]()Western Australia\n\nWestern Australian Health Promotion Foundation Act 2016\n\nAn Act to —\n\n- make provision for the Western Australian Health Promotion Foundation; and\n- make consequential amendments to the *Tobacco Products Control Act 2006* and other Acts.\n\n\n## Part 1 — Preliminary\n\n##### 1. Short title\n\nThis is the *Western Australian Health Promotion Foundation Act 2016*.\n\n##### 2. Commencement\n\nThis Act comes into operation as follows —\n\n(a) Part 1 — on the day on which this Act receives the Royal Assent;\n\n(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.\n\n##### 3. Terms used\n\nIn this Act, unless the contrary intention appears —\n\nAccount means the Western Australian Health Promotion Account mentioned in section 42(1);\n\nCEO means the chief executive officer of the Foundation mentioned in section 35(1);\n\ncommittee means a committee appointed under section 27(1);\n\nFoundation means the Western Australian Health Promotion Foundation mentioned in section 5;\n\nmember means a member of the Foundation mentioned in section 11(1)(a) or (b);\n\npresiding member means the member of the Foundation mentioned in section 11(1)(a);\n\nracing means horse racing or pacing, dog racing, motor car racing or motorcycle racing;\n\nsporting includes recreational and other such activities but does not include racing;\n\nstaff member means the CEO or a person appointed or engaged as mentioned in section 36(1) or (2).\n\n##### 4. Object of Act\n\nThe object of this Act is to promote and facilitate in Western Australia good health and activities which encourage healthy lifestyles.\n\n## Part 2 — Western Australian Health Promotion Foundation\n\n### Division 1 — The Foundation\n\n##### 5. Foundation established\n\n(1) A body called the Western Australian Health Promotion Foundation is established.\n\n(2) The Foundation is a body corporate with perpetual succession.\n\n(3) Proceedings may be taken by or against the Foundation in its corporate name.\n\n(4) The Foundation may use, and operate under, one or more trading names approved by the Minister.\n\n(5) A trading name can be —\n\n(a) an abbreviation or adaptation of the Foundation’s corporate name; or\n\n(b) a name other than the Foundation’s corporate name.\n\n##### 6. Status of Foundation\n\n(1) The Foundation is an agent of the State and has the status, immunities and privileges of the State.\n\n(2) The Foundation is an SES organisation under the *Public Sector Management Act 1994*.\n\n### Division 2 — Functions of Foundation\n\n##### 7. Functions\n\n(1) The functions of the Foundation are —\n\n(a) to fund activities related to the promotion of good health in general with particular emphasis on young people; and\n\n(b) to support sporting and arts activities which encourage healthy lifestyles and advance health promotion programmes; and\n\n(c) to provide grants to organisations engaged in health promotion programmes; and\n\n(d) to fund research relevant to health promotion; and\n\n(e) to raise funds by soliciting donations and grants and, subject to subsection (2), engaging in the production or marketing mentioned in section 8(2)(b) in order to support the work of the Foundation; and\n\n(f) to evaluate and report on the effectiveness of the performance of the Foundation in achieving health promotion activities; and\n\n(g) generally to achieve the object of this Act.\n\n(2) It is not a purpose of the Foundation to make a profit by engaging in the production or marketing mentioned in section 8(2)(b), but any surplus of revenue over expenditure arising as a result of that engagement must be credited to the Account.\n\n##### 8. Powers\n\n(1) The Foundation has all the powers it needs to perform its functions.\n\n(2) Without limiting subsection (1), the Foundation may for the purpose of performing a function —\n\n(a) make grants to any of the following —\n\n(i) sporting organisations;\n\n(ii) arts organisations;\n\n(iii) health organisations;\n\n(iv) community organisations;\n\n(v) research organisations;\n\n(vi) youth organisations;\n\n(vii) racing organisations;\n\nand\n\n(b) engage in the production or marketing or both of goods and services which themselves constitute or form part of health promotion activities —\n\n(i) to promote the object of this Act and the functions of the Foundation; and\n\n(ii) to cover the cost of that production or marketing or both by generating revenue;\n\nand\n\n(c) acquire, hold, deal with and dispose of real and personal property.\n\n##### 9. Delegation by Foundation\n\n(1) The Foundation may, subject to this section, delegate any power or duty of the Foundation under another provision of this Act to —\n\n(a) a member, the CEO or any other staff member; or\n\n(b) a committee.\n\n(2) The Foundation cannot delegate its function of determining to whom, or in what amounts, financial support may be provided from money standing to the credit of the Account unless that function —\n\n(a) is delegated to the CEO or a committee; and\n\n(b) is limited to amounts of $5 000 or less.\n\n(3) The delegation must be in writing executed by the Foundation.\n\n(4) The delegation may expressly authorise the delegate to further delegate the power or duty unless the delegation is of a kind mentioned in subsection (2).\n\n(5) When a delegation is made to a committee under this section —\n\n(a) the instrument of delegation may regulate the procedures to be followed by the committee when acting under the delegation; and\n\n(b) the committee may, if the instrument of delegation so provides, act by a majority of the committee members present at a meeting of the committee.\n\n(6) A person to whom, or a member of a committee to which, a power or duty is delegated under this section is disqualified from acting under the delegation in relation to any matter in which the person or the member of the committee has a material personal interest.\n\n(7) A person exercising or performing a power or duty that has been delegated to the person under, or as authorised under, this section must be taken to do so in accordance with the terms of the delegation unless the contrary is shown.\n\n(8) Nothing in this section limits the ability of the Foundation to perform a function through an officer or agent.\n\n(9) This section does not apply to the execution of documents but authority to execute documents on behalf of the Foundation can be given under section 34(5).\n\n## Part 3 — Administration of Foundation\n\n### Division 1 — How Foundation is constituted\n\n##### 10. Term used: unable to act\n\nIn this Division —\n\nunable to act means unable to act as a member for any reason, including —\n\n(a) illness; and\n\n(b) absence; and\n\n(c) the operation of section 31(1).\n\n##### 11. Foundation membership, presiding member\n\n(1) The Foundation consists of —\n\n(a) the presiding member appointed under subsection (3); and\n\n(b) 6 other members appointed by the Minister.\n\n(2) Of the 7 members —\n\n(a) at least one must be a person who, in the opinion of the Minister, has knowledge of and experience in the arts; and\n\n(b) at least one must be a person who, in the opinion of the Minister, has knowledge of and experience in health; and\n\n(c) at least one must be a person who, in the opinion of the Minister, has knowledge of and experience in sport; and\n\n(d) each of the others must be a person who, in the opinion of the Minister, has knowledge of and experience in one or more of the fields of the arts, finance, governance, health, law, management, marketing or sport.\n\n(3) The presiding member must be appointed by the Minister on the nomination of the Premier.\n\n(4) The Premier must consult with the parliamentary leader of each party in the Parliament before making a nomination for the purposes of subsection (3).\n\n##### 12. Deputy presiding member\n\n(1) The Minister must designate a member other than the presiding member to be the deputy presiding member of the Foundation.\n\n(2) If the presiding member is unable to act or if there is no presiding member, the deputy presiding member must act in the presiding member’s place.\n\n(3) An act or omission of the deputy presiding member acting in the presiding member’s place cannot be questioned on the ground that the occasion to act had not arisen or had ceased.\n\n##### 13. Remuneration and allowances\n\nMembers are entitled to be paid out of the funds of the Foundation any remuneration and allowances that the Minister may from time to time determine on the recommendation of the Public Sector Commissioner.\n\n##### 14. Term of office\n\n(1) A member holds office for the term, not exceeding 3 years, that is specified in the member’s instrument of appointment.\n\n(2) A member is eligible for reappointment but cannot hold office for more than 9 years, consecutively or otherwise.\n\n##### 15. Casual vacancies\n\n(1) In this section —\n\nmisconduct includes conduct that renders the member unfit to hold office as a member even though the conduct does not relate to a duty of the office.\n\n(2) The office of a member becomes vacant if the member —\n\n(a) dies, resigns or is removed from office under this section; or\n\n(b) is, according to the *Interpretation Act 1984* section 13D, a bankrupt or a person whose affairs are under insolvency laws; or\n\n(c) is convicted of an offence punishable by imprisonment for more than 12 months; or\n\n(d) is convicted of an offence under section 30(1).\n\n(3) A member may at any time resign from office by written notice given to the Minister.\n\n(4) The Minister may remove a member from office on the grounds of —\n\n(a) neglect of duty; or\n\n(b) misconduct or incompetence; or\n\n(c) mental or physical incapacity, other than temporary illness, impairing the performance of the member’s duties; or\n\n(d) absence, without leave, from 3 consecutive meetings of the Foundation of which the member has had notice.\n\n##### 16. Extension of term of office during vacancy\n\n(1) If the office of a member becomes vacant because the member’s term of office expires by effluxion of time, the member must be taken to continue to be a member during that vacancy until the date on which the vacancy is filled (whether by reappointment of the member or appointment of a successor to the member).\n\n(2) Subsection (1) ceases to apply if the member resigns or is removed from office under section 15.\n\n(3) The maximum period for which a member must be taken to continue to be a member under this section after the member’s term of office expires is 3 months.\n\n##### 17. Leave of absence\n\nThe Foundation may, on any terms and conditions it thinks fit, grant a member leave to be absent from office.\n\n##### 18. Alternate members\n\n(1) If a member other than the presiding member is unable to act, the Minister may appoint another person as an alternate member to act temporarily in the member’s place.\n\n(2) If the deputy presiding member is unable to act in the presiding member’s place at a meeting —\n\n(a) the members present may elect one of their number to act as presiding member; and\n\n(b) subsection (1) applies as if the member elected were absent from the meeting.\n\n(3) While acting in accordance with the appointment, the alternate member must be taken to be, and to have any entitlement of, a member.\n\n(4) An act or omission of an alternate member cannot be questioned on the ground that the occasion for the appointment or acting had not arisen or had ceased.\n\n### Division 2 — Foundation meetings\n\n##### 19. Holding meetings\n\nThe first meeting of the Foundation after this section comes into operation must be convened by the presiding member and subsequent meetings are to be held at times and places determined by the Foundation.\n\n##### 20. Quorum\n\nFour members constitute a quorum.\n\n##### 21. Presiding member\n\nThe presiding member must preside at a meeting of the Foundation at which the presiding member is present.\n\n##### 22. Procedure at meetings\n\nThe Foundation must determine its own meeting procedures to the extent that they are not fixed by this Act.\n\n##### 23. Holding meetings remotely\n\nThe presence of a person at a meeting of the Foundation need not be by attendance in person but may be by that person and each other person at the meeting being simultaneously in contact by telephone or other means of instantaneous communication.\n\n##### 24. Voting\n\n(1) At a meeting of the Foundation, each member present has a deliberative vote unless section 31 prevents the member from voting.\n\n(2) In the case of an equality of votes, the member who is presiding has a casting vote in addition to a deliberative vote.\n\n(3) A question is resolved by a majority of the votes cast.\n\n##### 25. Resolution without meeting\n\nA resolution in writing signed or otherwise assented to in writing by each member has the same effect as if it had been passed at a meeting of the Foundation.\n\n##### 26. Minutes to be kept\n\nThe Foundation must keep accurate minutes of its meetings.\n\n### Division 3 — Committees\n\n##### 27. Committees\n\n(1) The Foundation may —\n\n(a) appoint any committee it considers necessary to provide advice or assistance to the Foundation in relation to the Foundation’s functions; and\n\n(b) appoint the members, and determine the functions, of a committee; and\n\n(c) discharge or alter a committee.\n\n(2) The Foundation must ensure that there are sufficient country representatives appointed as committee members.\n\n(3) A committee must comply with all reasonable directions or requirements of the Foundation, and otherwise may determine its own procedures.\n\n(4) A committee must keep minutes of its meetings to a standard approved by the Foundation and provide the Foundation with a copy of the minutes of each meeting.\n\n##### 28. Remuneration and allowances\n\nCommittee members are entitled to be paid out of the funds of the Foundation any remuneration and allowances that the Minister may from time to time determine on the recommendation of the Public Sector Commissioner.\n\n### Division 4 — Disclosure of interests\n\n##### 29. Term used: member\n\nIn this Division other than section 33 —\n\nmember includes a committee member.\n\n##### 30. Disclosure of material personal interest\n\n(1) A member who has a material personal interest in a matter being considered or about to be considered by the Foundation or a committee must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Foundation or the committee, as is relevant.\n\nPenalty: a fine of $10 000.\n\n(2) A disclosure under this section must be recorded in the minutes of the meeting.\n\n##### 31. Voting by interested member\n\n(1) A member who has a material personal interest in a matter that is being considered by the Foundation or a committee —\n\n(a) must not vote, whether at a meeting or otherwise, on the matter; and\n\n(b) must not be present while the matter is being considered at a meeting.\n\n(2) A reference in subsection (1)(a) or (b) to a matter includes a reference to a proposed resolution under section 32 in respect of the matter, whether relating to that member or a different member.\n\n##### 32. Section 31 may be declared inapplicable\n\nSection 31 does not apply if —\n\n(a) a member has disclosed under section 30 an interest in a matter; and\n\n(b) the Foundation has at any time passed a resolution that —\n\n(i) specifies the member, the interest and the matter; and\n\n(ii) states that the members voting for the resolution are satisfied that the interest is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct and should not disqualify the member from considering or voting on the matter.\n\n##### 33. Quorum where section 31 applies\n\n(1) Despite section 20, if a member is disqualified under section 31 in relation to a matter, a quorum is present during the consideration of the matter if at least 3 members are present who are entitled to vote on any motion that may be moved at the meeting in relation to the matter.\n\n(2) The Minister may deal with a matter to the extent that the Foundation cannot deal with it because of subsection (1).\n\n### Division 5 — Execution of documents\n\n##### 34. Execution of documents by Foundation\n\n(1) The Foundation must have a common seal.\n\n(2) A document is duly executed by the Foundation if —\n\n(a) the common seal of the Foundation is affixed to it in accordance with subsections (3) and (4); or\n\n(b) it is signed on behalf of the Foundation by a person or persons authorised to do so under subsection (5).\n\n(3) The common seal of the Foundation must not be affixed to any document except as authorised by the Foundation.\n\n(4) The common seal of the Foundation must be affixed to a document in the presence of one of its members who must sign the document to attest that the common seal was so affixed.\n\n(5) The Foundation may, by writing under its common seal, authorise one or more of its members or the CEO or any other staff member to sign documents on behalf of the Foundation, either generally or subject to the conditions that are specified in the authorisation.\n\n(6) A document purporting to be executed in accordance with this section must to be presumed to be duly executed until the contrary is shown.\n\n(7) When a document is produced bearing a seal purporting to be the common seal of the Foundation, it must be presumed that the seal is the common seal of the Foundation until the contrary is shown.\n\n## Part 4 — Staff\n\n##### 35. Chief executive officer\n\n(1) A chief executive officer of the Foundation is to be appointed under the *Public Sector Management Act 1994* Part 3.\n\n(2) The chief executive officer is to administer the day‑to‑day operations of the Foundation subject to the control of the Foundation.\n\n##### 36. Other staff\n\n(1) Public service officers may be appointed under the *Public Sector Management Act 1994* Part 3 to enable the Foundation to perform its functions.\n\n(2) Subsection (1) does not affect the power that the *Public Sector Management Act 1994* section 100 gives the employing authority of the Foundation to engage a person under a contract for services or appoint a person on a casual employment basis.\n\n##### 37. Contracts for services\n\n(1) The Foundation may engage a person to perform services for the purposes of this Act under a contract for services on the terms and conditions (including as to remuneration) that the Foundation thinks fit.\n\n(2) A person engaged under subsection (1) is not a person appointed under the *Public Sector Management Act 1994* Part 3.\n\n##### 38. Use of other government staff and facilities\n\n(1) The Foundation may by arrangement with the relevant employing authority make use, either full‑time or part‑time, of the services of any officer or employee —\n\n(a) in the Public Service; or\n\n(b) in a State agency; or\n\n(c) otherwise in the service of the State.\n\n(2) The Foundation may by arrangement with —\n\n(a) a department of the Public Service; or\n\n(b) a State agency,\n\nmake use of any facilities of the department or agency.\n\n(3) An arrangement under subsection (1) or (2) must be made on the terms agreed to by the parties.\n\n## Part 5 — Accountability\n\n##### 39. Minister may give directions\n\n(1) The Minister may give written directions to the Foundation with respect to the performance of its functions, either generally or in relation to a particular matter, and the Foundation must give effect to any such direction.\n\n(2) The Minister must not under subsection (1) direct the Foundation with respect to the provision of funds or grants under this Act.\n\n(3) The Minister must cause the text of any direction under subsection (1) to be laid before each House of Parliament, or dealt with under section 48, within 14 days after the direction is given.\n\n(4) The text of a direction under subsection (1) must be included in the annual report submitted by the accountable authority of the Foundation under the *Financial Management Act 2006* Part 5.\n\n##### 40. Minister to have access to information\n\n(1) In this section —\n\ndocument includes any tape, disk or other device or medium on which information is recorded or stored;\n\ninformation means information specified, or of a description specified, by the Minister that relates to the functions of the Foundation.\n\n(2) The Minister is entitled —\n\n(a) to have information in the possession of the Foundation; and\n\n(b) where the information is in or on a document, to have, and make and retain copies of, that document.\n\n(3) For the purposes of subsection (2) the Minister may —\n\n(a) request the Foundation to furnish information to the Minister; or\n\n(b) request the Foundation to give the Minister access to information; or\n\n(c) request the use of a staff member to obtain the information and give it to the Minister.\n\n(4) The Foundation must comply with a request under subsection (3).\n\n## Part 6 — Financial provisions\n\n##### 41. 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 the Foundation and its operations.\n\n##### 42. Western Australian Health Promotion Account\n\n(1) An account called the Western Australian Health Promotion Account is established as an agency special purpose account under the *Financial Management Act 2006* section 16.\n\n(2) Money received by the Foundation must be credited to, and money paid by the Foundation must be debited to, the Account.\n\n##### 43. Foundation’s funds and expenditure\n\n(1) The funds available for the purpose of enabling the Foundation to perform its functions consist of money that is lawfully received by, or made available to, the Foundation.\n\n(2) In respect of each financial year, the prescribed amount must be paid to the Foundation, and the Consolidated Account is appropriated accordingly.\n\n(3) The Foundation must not decide or announce any decision to disburse any part of the Account, under section 8(2)(a), during —\n\n(a) the period from the issue of the writ for a general election, whether State or Federal, to be held within the State until the close of voting in that election; or\n\n(b) the period from the issue of the writ for an election in relation to a vacancy, whether State or Federal, to be held within the State until the close of voting in that election, if the decision relates to the division or district in respect of which that election is to be held.\n\n(4) The Foundation must endeavour to ensure that, in each financial year —\n\n(a) not less than 30% of the money paid under subsection (2) in any one financial year is disbursed to sporting organisations which the Foundation is satisfied are promoting, or will promote, the object of this Act; and\n\n(b) not less than 15% of the money paid under subsection (2) in any one financial year is disbursed to arts organisations which the Foundation is satisfied are promoting, or will promote, the object of this Act; and\n\n(c) not more than 50% of the money paid under subsection (2) in any one financial year is disbursed to any one of the following kinds of organisations which the Foundation is satisfied are promoting, or will promote, the object of this Act —\n\n(i) sporting organisations;\n\n(ii) arts organisations;\n\n(iii) health organisations;\n\n(iv) community organisations;\n\n(v) research organisations;\n\n(vi) racing organisations.\n\n(5) A decision of the Foundation to disburse any money from the Account must be approved by the Minister before the money is disbursed.\n\n(6) All money standing to the credit of the Account immediately before the commencement of a financial year must, subject to section 42(2), remain in and standing to the credit of the Account after that commencement.\n\n(7) The Foundation must endeavour to commit the funds received from the State by it to the object of this Act within the year they are received or reasonably soon thereafter and must include in its annual report the reason for any amount of those funds remaining not so committed beyond that year.\n\n(8) Any amount of funds received by the Foundation from the State which have not been committed to the object of this Act within 4 months of the end of the financial year for which they have been allocated or 4 months of receipt if received outside the financial year are to be returned to the Consolidated Account.\n\n##### 44. Notice of financial difficulty\n\n(1) The Foundation must notify the Minister if it forms the opinion that the Foundation is unable to, or will be unlikely to be able to, satisfy any of its financial obligations from the financial resources available to it or likely to be available to it at the time the financial obligation is due.\n\n(2) The notice must be in writing, giving reasons for the Foundation’s opinion.\n\n(3) Within 7 days after receipt of the notice, the Minister must —\n\n(a) confer with the Treasurer and the Foundation for the purpose of determining what action is required to ensure that the Foundation is able to satisfy the relevant financial obligation when it is due; and\n\n(b) initiate such action as is required to ensure that the Foundation is able to satisfy the relevant financial obligation when it is due.\n\n## Part 7 — Miscellaneous\n\n##### 45. Protection from liability for wrongdoing\n\n(1) An action in tort does not lie against a person for anything that the person has done, in good faith, in the performance or purported performance of a function under this Act.\n\n(2) The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted.\n\n(3) Despite subsection (1), neither the Foundation nor the State is relieved of any liability that it might have for another person having done anything as described in that subsection.\n\n(4) In this section, a reference to the doing of anything includes a reference to an omission to do anything.\n\n##### 46. Confidentiality of information\n\n(1) A person must not record, disclose or make use of any information obtained by reason of a function that the person has, or at any time had, in the administration of this Act except —\n\n(a) for the purpose of performing a function under this Act; or\n\n(b) as required or allowed by this Act or under another written law; or\n\n(c) for the purposes of proceedings in a court; or\n\n(d) with the written consent of the person to whom the information relates; or\n\n(e) in prescribed circumstances.\n\nPenalty: a fine of $10 000 and imprisonment for 12 months.\n\n(2) Subsection (1) does not apply to the recording, disclosure or use of statistical or other information that could not reasonably be expected to lead to the identification of any person to whom it relates.\n\n##### 47. Regulations\n\nThe Governor may make regulations prescribing matters —\n\n(a) required or permitted by this Act to be prescribed; or\n\n(b) necessary or convenient to be prescribed for giving effect to this Act.\n\n##### 48. Laying documents before House of Parliament not sitting\n\n(1) If a provision of this Act requires the Minister to cause a document to be laid before each House of Parliament or be dealt with under this section within a period and —\n\n(a) when the Minister is ready to act, a House of Parliament is not sitting; and\n\n(b) the Minister is of the opinion that the House will not sit during that period,\n\nthe Minister must transmit a copy of the document to the Clerk of that House.\n\n(2) A copy of a document transmitted to the Clerk of a House must be taken to have been laid before that House.\n\n(3) The laying of a copy of a document that, under subsection (2), is taken to have occurred must be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy.\n\n##### 49. Review of Act\n\n(1) The Minister must review the operation and effectiveness of this Act as soon as is practicable after —\n\n(a) the expiry of 5 years from the day on which Part 2 comes into operation; and\n\n(b) every fifth anniversary of that day.\n\n(2) The Minister must, as soon as is practicable after completion of the review —\n\n(a) prepare a report about the outcome of the review; and\n\n(b) cause a copy of the report to be laid before each House of Parliament or dealt with under section 48.\n\n## Part 8 — Consequential amendments to other Acts\n\n### Division 1 — *Constitution Acts Amendment Act 1899* amended\n\n##### 50. Act amended\n\nThis Division amends the *Constitution Acts Amendment Act 1899*.\n\n##### 51. Schedule V amended\n\nIn Schedule V Part 3 in the item relating to the Western Australian Health Promotion Foundation delete “*Tobacco Products Control Act 2006*.” and insert:\n\n\t\t*Western Australian Health Promotion Foundation Act 2016*.\n\n### Division 2 — *Public Sector Management Act 1994* amended\n\n##### 52. Act amended\n\nThis Division amends the *Public Sector Management Act 1994*.\n\n##### 53. Schedule 2 amended\n\nIn Schedule 2 after item 58 insert:\n\n| 59A. | Western Australian Health Promotion Foundation, under the *Western Australian Health Promotion Foundation Act 2016* |\n| --- | --- |\n\n\n### Division 3 — *Tobacco Products Control Act 2006* amended\n\n##### 54. Act amended\n\nThis Division amends the *Tobacco Products Control Act 2006*.\n\n##### 55. Section 3 replaced\n\nDelete section 3 and insert:\n\n3. Purposes of Act\n\nThe purposes of this Act are to reduce the incidence of illness and death related to the use of tobacco products —\n\n(a) by prohibiting the supply of tobacco products and smoking implements to young persons; and\n\n(b) by discouraging the use of tobacco products; and\n\n(c) by restricting the promotion of tobacco products and smoking generally; and\n\n(d) by reducing the exposure of people to tobacco smoke from tobacco products that are smoked by other people.\n\n##### 56. Part 5 heading replaced\n\nDelete the heading to Part 5 and insert:\n\nPart 5 — Administration\n\n##### 57. Part 5 Divisions 1 to 3 deleted\n\nDelete Part 5 Divisions 1, 2 and 3.\n\n##### 58. Part 5 Division 4 heading deleted\n\nDelete the heading to Part 5 Division 4.\n\n##### 59. Section 122 deleted\n\nDelete section 122.\n\n##### 60. Section 124A amended\n\nIn section 124A(2) delete “or the Foundation has under this Act.” and insert:\n\nhas under this Act or the Foundation has under the *Western Australian Health Promotion Foundation Act 2016*.\n\n##### 61. Section 126 deleted\n\nDelete section 126.\n\n##### 62. Schedule 1 deleted\n\nDelete Schedule 1.\n\n##### 63. Schedule 2 deleted\n\nDelete Schedule 2.\n\n##### 64. Glossary amended\n\n(1) In the Glossary delete the definitions of:\n\n***Account***\n\n***chairperson***\n\n***committee***\n\n***executive director***\n\n***member***\n\n***racing***\n\n***sporting***\n\n(2) In the Glossary in the definition of ***Foundation*** delete “established by section 59;” and insert:\n\nmentioned in the *Western Australian Health Promotion Foundation Act 2016* section 5;\n\n## Part 9 — Transitional provisions\n\n##### 65. Terms used\n\nIn this Part —\n\nTPC Act Account means the Account as defined in the *Tobacco Products Control Act 2006* Glossary immediately before transition day;\n\nTPC Act Foundation means the Foundation as defined in the *Tobacco Products Control Act 2006* Glossary immediately before transition day;\n\ntransition day means the day on which Part 8 Division 3 comes into operation.\n\n##### 66. *Interpretation Act 1984* not affected\n\nExcept to the extent this Part expressly provides differently, the *Interpretation Act 1984* applies in relation to the repeal of an enactment by Part 8 Division 3.\n\n##### 67. Foundation continues\n\n(1) The Foundation as defined in section 3 is a continuation of, and the same legal entity as, the TPC Act Foundation and on and after transition day —\n\n(a) the assets, rights and liabilities of or in relation to the TPC Act Foundation continue as assets, rights and liabilities of or in relation to the Foundation as defined in section 3; and\n\n(b) any proceedings that immediately before that day might have been brought or continued by the TPC Act Foundation may be brought or continued by the Foundation as defined in section 3; and\n\n(c) any remedy that immediately before that day is available against or to the TPC Act Foundation is available against or to the Foundation as defined in section 3.\n\n(2) On and after transition day, any agreement, instrument or other document that contains a reference to the TPC Act Foundation has effect as if the reference were to the Foundation as defined in section 3, unless the context otherwise requires.\n\n##### 68. Members cease to hold office on transition day\n\nA person who, immediately before transition day, was a member of the TPC Act Foundation ceases to be a member on transition day.\n\n##### 69. First Foundation members under this Act\n\nFour of the members of the Foundation as first constituted under this Act are to hold office for the term, not exceeding 18 months, that is specified in the member’s instrument of appointment.\n\n##### 70. First CEO under this Act\n\n(1) A person who, immediately before transition day, was the executive director of the Foundation under the *Tobacco Products Control Act 2006* section 69(1) must, on and after transition day, be taken to be the CEO.\n\n(2) The person holds office for the period, beginning on transition day, that is equal to the balance of the person’s term of office remaining under the *Tobacco Products Control Act 2006* immediately before transition day.\n\n(3) Subsection (1) does not apply to a person appointed to act as the executive director.\n\n##### 71. Other employees of Foundation\n\n(1) A person who, immediately before transition day, was an employee of the Foundation under the *Tobacco Products Control Act 2006* section 69(1) must, on and after transition day, be taken to be a public service officer employed in the Foundation.\n\n(2) Subsection (1) —\n\n(a) does not apply to a person who, immediately before transition day, was the executive director of the Foundation; but\n\n(b) applies to a person who, immediately before transition day, was acting as the executive director.\n\n##### 72. Preservation of employee rights\n\n(1) In this section —\n\nexisting employee means a person to whom section 70(1) or 71(1) applies.\n\n(2) Except as otherwise agreed by an existing employee, the operation of section 70(1) or 71(1) does not —\n\n(a) affect the employee’s pay as defined in the *Public Sector Management (Redeployment and Redundancy) Regulations 2014* regulation 3(1); or\n\n(b) affect the employee’s other conditions of service; or\n\n(c) affect the employee’s existing or accruing rights in respect of annual leave, long service leave, sick leave or any other leave, which are enforceable against the Foundation or the State; or\n\n(d) affect any rights under a superannuation scheme; or\n\n(e) interrupt the continuity of the employee’s service with the Foundation.\n\n##### 73. People engaged to provide assistance\n\nThe repeal or amendment of an enactment by Part 8 or the enactment of this Act does not operate to affect any contract or arrangement that is in effect under the *Tobacco Products Control Act 2006* section 69(2) immediately before transition day.\n\n##### 74. Western Australian Health Promotion Account\n\n(1) On and after transition day, the TPC Act Account must be taken to be the Account as defined in section 3.\n\n(2) Money payable to the TPC Act Account before transition day must, on and after transition day, be credited to the Account as defined in section 3.\n\n(3) The Account as defined in section 3 is charged with any liabilities of the TPC Act Account which arose before transition day.\n\n(4) On and after transition day, any agreement, instrument or other document that contains a reference to the TPC Act Account has effect as if the reference were to the Account as defined in section 3, unless the context otherwise requires.\n\n##### 75. Investments\n\n(1) The investment of any money that was authorised under the *Tobacco Products Control Act 2006* section 72 immediately before transition day continues to be authorised on and after transition day as if that section had not been deleted.\n\n(2) Interest from the invested money, and any money that ceases to be invested, must be credited to the Account as defined in section 3.\n\n##### 76. Exemption from State tax\n\n(1) In this section —\n\nState tax includes duty chargeable under the *Duties Act 2008* and any other tax, duty, fee, levy or charge, under a law of the State.\n\n(2) State tax is not payable in relation to —\n\n(a) anything that occurs by operation of this Part; or\n\n(b) anything done (including a transaction entered into or an instrument or document of any kind made, executed, lodged or given) under this Part, or to give effect to this Part, or for a purpose connected with or arising out of giving effect to this Part.\n\n##### 77. Transitional regulations\n\n(1) In this section —\n\npublication day, for regulations made under subsection (2), means the day on which those regulations are published in the *Gazette*;\n\nspecified means specified or described in regulations made under subsection (2);\n\ntransitional matter —\n\n(a) means a matter or issue of a transitional nature that arises as a result of a repeal or amendment by Part 8 or the enactment of this Act; and\n\n(b) includes a saving or application matter.\n\n(2) If there is no sufficient provision in this Part for dealing with a transitional matter, the Governor may make regulations prescribing matters —\n\n(a) required to be prescribed for the purpose of dealing with the transitional matter; or\n\n(b) necessary or convenient to be prescribed for the purpose of dealing with the transitional matter.\n\n(3) Regulations made under subsection (2) may provide that specified provisions of this Act —\n\n(a) do not apply to or in relation to a specified matter; or\n\n(b) apply with specified modifications to or in relation to a specified matter.\n\n(4) If regulations made under subsection (2) provide that a specified state of affairs must be taken to have existed, or not to have existed, on and after a day that is earlier than publication day for those regulations but not earlier than transition day, the regulations have effect according to their terms.\n\n(5) If regulations made under subsection (2) contain a provision referred to in subsection (4), the provision does not operate so as —\n\n(a) to affect in a manner prejudicial to a person (other than the State or an authority of the State) the rights of that person existing before publication day for those regulations; or\n\n(b) to impose liabilities on a person (other than the State or an authority of the State) in respect of an act done or omission made before publication day for those regulations.\n\n(6) Regulations can be made under subsection (2) only within 24 months after the day on which this Act receives the Royal Assent.\n\n![dline]()\n\nNotes\n\n1 This is a compilation of the *Western Australian Health Promotion Foundation Act 2016*. The following table contains information about that Act.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Western Australian Health Promotion Foundation Act 2016* | 3 of 2016 | 21 Mar 2016 | Pt. 1: 21 Mar 2016 (see s. 2(a));   Act other than Pt. 1: 1 Sep 2016 (see s. 2(b) and *Gazette* 26 Jul 2016 p. 3145) |\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\nAccount 3\n\nCEO 3\n\ncommittee 3\n\ndocument 40(1)\n\nexisting employee 72(1)\n\nFoundation 3\n\ninformation 40(1)\n\nmember 3, 29\n\nmisconduct 15(1)\n\npresiding member 3\n\npublication day 77(1)\n\nracing 3\n\nspecified 77(1)\n\nsporting 3\n\nstaff member 3\n\nState tax 76(1)\n\nTPC Act Account 65\n\nTPC Act Foundation 65\n\ntransition day 65\n\ntransitional matter 77(1)\n\nunable to act 10\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation represents a significant scope expansion from the Foundation's original purpose. Originally established under the *Tobacco Products Control Act 2006* as a vehicle to replace tobacco industry sponsorship of sport and arts with health-promoting alternatives, the Foundation is now repositioned as a standalone health promotion body with broader objectives. While it retains the funding mechanisms (originally tobacco-related revenue), its mandate has shifted from 'sponsorship replacement' to general 'health promotion' with emphasis on young people. The consequential amendments delete the Foundation provisions entirely from the Tobacco Products Control Act, severing the legislative link between the Foundation and tobacco control. This reflects an evolution from a narrow anti-tobacco sponsorship tool to a general health promotion agency."},"complexity_factors":["Moderate length (77 sections plus schedules) with substantial transitional provisions","22 defined terms in the interpretation section, including nested definitions (e.g., 'unable to act' defined separately in Division 1)","Extensive cross-referencing to other Acts: *Financial Management Act 2006*, *Auditor General Act 2006*, *Public Sector Management Act 1994*, *Interpretation Act 1984*, *Duties Act 2008*, and *Tobacco Products Control Act 2006*","Complex transitional arrangements in Part 9 (13 sections) dealing with continuation of legal entity, transfer of assets, preservation of employment rights, and tax exemptions","Conditional delegation limits in section 9 with monetary thresholds ($5,000) and specific restrictions on sub-delegation","Mandatory funding formulas in section 43 with percentage requirements (30% sport, 15% arts, 50% cap) and timing restrictions (election periods, 4-month return of unspent funds)","Dual execution methods for documents (common seal vs authorised signatures) with presumptions of validity","Nested exceptions to conflict-of-interest rules (section 32 allows override of section 31 disqualification via resolution)"],"plain_english_summary":"This legislation establishes the **Western Australian Health Promotion Foundation** (often called \"Healthway\"), a government body that funds health promotion activities across Western Australia.\n\n**What it does:**\n- **Creates a new statutory authority** (a government body with its own legal identity) to promote good health and healthy lifestyles, with special focus on young people.\n- **Funds grants** to sporting, arts, health, community, research, youth, and racing organisations that encourage healthy living.\n- **Raises money** through donations, grants, and selling health-related goods/services (though not for profit).\n- **Administers a dedicated bank account** (the Western Australian Health Promotion Account) to manage these funds.\n\n**Who it affects:**\n- **Community organisations** seeking funding for health promotion programs\n- **Sporting and arts groups** that promote healthy lifestyles\n- **Researchers** studying health promotion\n- **The general public**, particularly young people, who benefit from funded programs\n- **Foundation staff and board members** (7 appointed members including a chair)\n\n**Why it matters:**\nThis Act effectively **moves the Foundation out of tobacco control legislation** (where it was originally established under the *Tobacco Products Control Act 2006*) and gives it standalone status. This reflects a shift from the Foundation's historical link to tobacco sponsorship replacement (it was originally funded by tobacco taxes to replace tobacco sponsorship of sport/arts) toward a broader, independent health promotion mandate.\n\n**Key features:**\n- The Foundation is a **body corporate** (can sue and be sued) and an **agent of the State**\n- **Ministerial oversight** with some independence (Minister can give directions but cannot direct specific funding decisions)\n- **Mandatory funding splits**: At least 30% to sporting organisations and 15% to arts organisations annually\n- **Spending caps**: No more than 50% to any single category of organisation\n- **Election blackout periods**: Cannot announce funding decisions during election periods\n- **Strong conflict-of-interest rules** for board members\n- **Sunset review**: Must be reviewed every 5 years"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. The Act broadens and reconstitutes the pre‑existing Tobacco Products Control Foundation into a wider Western Australian Health Promotion Foundation. The original statutory vehicle (under the Tobacco Products Control Act 2006) focused on tobacco control; this Act expands the scope to general health promotion with explicit new functions to support sporting and arts activities, fund research, solicit donations and engage in limited production/marketing to support health promotion (s4, s7–8). The Act also relocates the administration and account functions into the new Foundation structure and amends the Tobacco Products Control Act to narrow its purposes to tobacco reduction (Part 8 and transitional provisions in Part 9). These changes therefore move the entity from a tobacco‑control‑focused body to a broader health‑promotion funding body, shifting the range of beneficiaries, eligible activities and funding priorities (notably via the percentage allocation rules in s43(4))."},"complexity_factors":["9 substantive Parts and a lengthy transitional Part (Part 9)","About 22 defined terms listed in the compilation (e.g. Account, CEO, Foundation, member, unable to act)","Frequent cross‑references to multiple other Acts: Public Sector Management Act 1994, Financial Management Act 2006, Auditor General Act 2006, Interpretation Act 1984, Tobacco Products Control Act 2006","Several conditional and exception rules (e.g. Minister may direct except on grants (s39(2)); disbursement restrictions during election writ periods (s43(3)))","Nested delegation limits (s9) with a carve‑out allowing CEO/committee to approve amounts ≤ $5,000","Prescriptive financial allocation rules with minimums and maximums (s43(4)) creating arithmetic constraints","Criminal and civil penalties in separate provisions (disclosure penalty s30; confidentiality penalty s46)","Transitional machinery is detailed: asset, staff and account transfers plus preservation of employee rights (Part 9, ss67–76)","Administrative controls requiring Ministerial approval for disbursements and parliamentary laying of directions/reports (s39, s43(5))"],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Establishes a new statutory body called the Western Australian Health Promotion Foundation (the Foundation) as a corporate body and an agent of the State (s5, s6).\n- States the object: to promote and facilitate good health and activities that encourage healthy lifestyles in Western Australia (s4).\n- Gives the Foundation a set of specific functions: funding general health-promotion activities (with particular emphasis on young people); supporting sporting and arts activities that encourage healthy lifestyles; making grants to organisations doing health promotion; funding research; raising funds through donations and limited commercial production/marketing; and evaluating its own performance (s7). Surpluses from commercial activity must be returned to the Foundation’s account (s7(2)).\n- Gives the Foundation broad powers to make grants to listed kinds of organisations (sporting, arts, health, community, research, youth and racing organisations), to run related production/marketing activities to support its work, and to hold property (s8).\n- Creates a dedicated public account, the Western Australian Health Promotion Account (the Account). The State must pay a prescribed amount to the Foundation each financial year (s42, s43(2)). Money received or spent by the Foundation is dealt with through that Account (s42(2)).\n- Sets allocation expectations and limits for State-provided funds: the Foundation must endeavour each year to disburse at least 30% of State funds to sporting organisations and at least 15% to arts organisations, and must not disburse more than 50% of State funds in a year to any one of the listed categories of organisation (s43(4)).\n- Requires that any decision by the Foundation to disburse money from the Account be approved by the Minister before payment (s43(5)). The Foundation must also aim to commit State funds within the year they are received (s43(7)–(8)). Uncommitted State funds have to be returned to the Consolidated Account if not committed within set timeframes (s43(8)).\n- Restricts the Foundation from announcing or deciding to disburse Account money during the period between issue of a writ for an election and close of voting when the decision would relate to the electorate standing for election (s43(3)).\n- Establishes composition and appointment rules for governance: the Foundation has seven members (a presiding member plus six) appointed by the Minister; the presiding member is appointed on the Premier’s nomination, with consultation obligations (s11). Membership must include people with experience in arts, health and sport (s11(2)).\n- Limits delegation: the Foundation can delegate functions in writing, but the specific function of deciding who gets financial support from the Account may only be delegated to the CEO or a committee for amounts of $5,000 or less (s9(2)).\n- Allows the Minister to give written directions to the Foundation about the performance of its functions generally, which the Foundation must follow; however the Minister may not direct the Foundation on the provision of funds or grants under the Act (s39). The Minister also may require access to Foundation information and must be provided that information on request (s40).\n- Subjects the Foundation to the Financial Management Act 2006 and the Auditor General Act 2006 for finance, audit and reporting (s41); requires the Minister to lay any directions to the Foundation before Parliament and to include them in the Foundation’s annual report (s39(3)–(4)).\n- Provides for appointment of a CEO and staff under the Public Sector Management Act and allows the Foundation to contract for services and use other government staff/facilities (s35–38).\n- Contains conflict-of-interest, disclosure and voting rules for members; failure to disclose a material personal interest attracts a penalty (s30–33). There are criminal and monetary penalties for improper disclosure or use of confidential information (s46).\n- Preserves and transitions the pre-existing Tobacco Products Control Foundation into this new Foundation, transferring assets, liabilities, staff and accounts; and amends the Tobacco Products Control Act to refocus its purposes on tobacco control (Part 8 and Part 9 transitional provisions).\n\n**Who this affects**\n\n- The Foundation itself (board members, CEO, staff) — governance, reporting, appointment, indemnities, and confidentiality obligations (various sections).\n- Sporting, arts, health, community, research, youth and racing organisations that may apply for grants or receive disbursements from the Account (s8, s43(4)).\n- The Minister and Government departments: the Minister has oversight powers, a right to receive information and must approve disbursements (s39–40, s43(5)). The State provides annual funding appropriated from the Consolidated Account (s43(2)).\n- Entities previously operating under the Tobacco Products Control Act: their assets, contracts and staff are carried over into the new statutory structure (Part 9).\n\n**Why it matters (official purpose and practical implications)**\n\n- Officially the Act broadens and formalises an independent public body tasked with promoting healthy lifestyles (s4, s7). The Act provides a funding vehicle (the Account) and explicit power to direct funds to sporting and arts activities as part of health-promotion strategy (s7, s8, s43(4)).\n\n- Practical levers and constraints to note:\n  - State funding is provided by appropriation each year (s43(2)), and the Foundation is required to commit and spend within specified timeframes or return funds (s43(7)–(8)). That creates a repeated annual budgeting decision by the Executive and imposes throughput expectations on the Foundation.\n  - The Foundation can raise other revenue and run production/marketing activities, but profits must be credited back to the Account (s7(2)). This allows limited commercial activity to offset costs but does not let the Foundation operate as a profit-seeking business.\n  - The Minister retains formal oversight: directions (other than on grants), approval of disbursements, and information access (s39–40, s43(5)). That creates an accountability mechanism but also a point of executive control over timing and release of funds.\n  - Several statutory limits shape how funds are distributed (minimums to sport and arts, maximum share to any one category), which mechanically biases disbursements toward certain recipient classes (s43(4)). Those percentage rules change the distribution incentives for applicants and the Foundation’s grant-making priorities.\n  - Delegation rules restrict who can approve small-value grants ($5,000 or less) and reserve larger decisions to the Foundation and Ministerial approval (s9(2), s43(5)). That affects operational speed and administrative burden for routine small grants versus larger commitments.\n  - The Foundation is an agent of the State and has State immunities (s6). That shifts legal risk and liability treatment compared with an independent private charity or company.\n\n**Costs, incentives and trade-offs to watch (implementation risks and compliance burdens)**\n\n- Concentrated beneficiaries: the statutory minimums for sport and arts (s43(4)(a)–(b)) create concentrated, predictable flows to those sectors; other health-promotion activities may receive a smaller or more competitive share of funds.\n- Administrative overhead: ministerial approvals for disbursements (s43(5)), strict disclosure rules (s30–31), confidentiality penalties (s46), and Financial Management Act obligations (s41) create compliance, reporting and governance costs.\n- Operational capability: the Act permits commercial production/marketing to raise revenue (s8(2)(b)), but running such operations requires commercial expertise and systems; any surplus must go back into the Account (s7(2)).\n- Independence vs control tension: the Minister may direct the Foundation on performance (s39) and must approve disbursements (s43(5)), yet cannot direct provision of grants (s39(2)). That split creates a formal independence with practical points of control—implementation will turn on how the Minister and Foundation use those powers.\n- Timing constraints and election periods: the Foundation is barred from deciding or announcing disbursements affecting a division/district during the writ-to-voting period for elections (s43(3)), which restricts activity around election times and may delay projects.\n- Liability and incentive effects: State-agent status and tort protections (s6, s45) limit personal liability exposure for good-faith actions but preserve State liability in some cases (s45(3)).\n\n**Key compliance and governance obligations to note**\n\n- Ministerial approval required for disbursements from the Account (s43(5)).\n- Disclosure of material personal interests and voting prohibitions for conflicted members; failure to disclose carries a monetary penalty (s30–31).\n- Confidentiality rules with criminal and monetary penalties (s46).\n- Financial reporting, audit and adherence to Financial Management Act and Auditor General Act (s41).\n- Review obligation: Minister must review the Act’s operation at 5 years after Part 2 comes into operation and every 5 years thereafter and table a report (s49).\n\n**Transitional effect**\n\n- The Act converts the prior Tobacco Products Control Foundation into this new Foundation, transfers assets, liabilities, accounts and staff, and modifies the Tobacco Products Control Act to focus on tobacco control purposes (Part 8 and Part 9). Employee pay, accrued leave and superannuation protections are preserved for existing employees (s72).\n\n(References: section numbers cited above are to the Western Australian Health Promotion Foundation Act 2016.)"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — no legislative text was returned. The page content consisted entirely of a website unavailability notice and standard government boilerplate."},"complexity_factors":["No legislative content was available for analysis — the source URL returned a website error page rather than the text of the Act","Complexity cannot be meaningfully assessed without the actual legislative text","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**No usable legislative text was retrieved.**\n\nThe link provided for the *Western Australian Health Promotion Foundation Act 2016* returned a 'page no longer available' error — the actual content of the legislation was not loaded. Only a website navigation error message and an Acknowledgement of Country were returned.\n\n**What this means for you:** It is not possible to analyse this law from the content provided. To find the actual Act, you can:\n- Visit the Western Australian legislation website (legislation.wa.gov.au) and search for the Act by name\n- Contact the Parliamentary Counsel's Office Helpdesk as suggested on the error page\n- Search for the Act on AustLII (austlii.edu.au)"}},"importantCases":[],"_links":{"self":"/api/acts/western-australian-health-promotion-foundation-act-2016","history":"/api/acts/western-australian-health-promotion-foundation-act-2016/history","analysis":"/api/acts/western-australian-health-promotion-foundation-act-2016/analysis","conflicts":"/api/acts/western-australian-health-promotion-foundation-act-2016/conflicts","importantCases":"/api/acts/western-australian-health-promotion-foundation-act-2016/important-cases","documents":"/api/acts/western-australian-health-promotion-foundation-act-2016/documents"}}