{"id":"western-australian-tourism-commission-act-1983","name":"Western Australian Tourism Commission Act 1983","slug":"western-australian-tourism-commission-act-1983","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111183,"registerId":"wa-western-australian-tourism-commission-act-1983-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Western Australian Tourism Commission Act 1983","content":"![Crest]()Western Australia\n\nWestern Australian Tourism Commission Act 1983\n\nWestern Australia\n\nWestern Australian Tourism Commission Act 1983\n\nContents\n\nPart I — Preliminary\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Terms used 2\n\nPart II — Administration\n\nDivision 1 — Western Australian Tourism Commission\n\n4. The Commission 3\n\n4A. Board of Commissioners 3\n\n5. Board members 4\n\n6. Acting members 5\n\n7. Remuneration of members 5\n\n8. Proceedings of Board 6\n\n9. Matters not to be invalidated by vacancies, or defects in appointment 7\n\n10. Liability of members 7\n\n11. Pecuniary interests of members to be disclosed 7\n\nDivision 2 — Functions and powers of the Commission\n\n13. Functions 8\n\n14. Powers 9\n\n15. Formation of companies developing or operating tourist facilities 10\n\n16. Direction by Minister 11\n\n16A. Minister to have access to information 11\n\nDivision 2a — Corporate and operational plans\n\n16B. Corporate plan 12\n\n16C. Operational plan 13\n\n16D. Board to comply with corporate and operational plans 13\n\nDivision 3 — Employees and staff of the Commission\n\n17. Employees of Commission 13\n\n18. Employment of current officers 15\n\n19. Employees transitional provisions 15\n\n19A. Status of employees who are members of Senior Executive Service 16\n\n20. Professional or technical assistance 16\n\n21. Use of staff and facilities of departments and instrumentalities 16\n\n22. Secrecy 16\n\n23. Delegation by Commission 17\n\nPart III — Financial provisions\n\n24. Funds and Commission Account 19\n\n25. Power to invest 20\n\n26. Booking Account 20\n\n27. Borrowing by Commission 21\n\n28. Application of *Financial Management Act 2006* and *Auditor General Act 2006* 22\n\n29. Review of Act 22\n\nPart IV — General\n\n30. Regulations 23\n\nPart V — Transitional and repeal \n\n31. Transitional 24\n\n32. References to Department of Tourism in other laws 25\n\nNotes\n\nCompilation table 26\n\nUncommenced provisions table 27\n\nOther notes 27\n\nDefined terms\n\n  \n\nWestern Australia\n\nWestern Australian Tourism Commission Act 1983\n\nAn Act to make provision for the establishment of a Western Australian Tourism Commission, to repeal the *Tourist Act 1973‑1981* 1, and for incidental and other purposes.\n\n## Part I — Preliminary\n\n##### 1. Short title\n\nThis Act may be cited as the *Western Australian Tourism Commission Act 1983*.\n\n##### 2. Commencement\n\nThis Act shall come into operation on such day or days as is or are respectively fixed by proclamation.\n\n##### 3. Terms used\n\nIn this Act, unless the contrary intention appears —\n\n  Board means the Board of Commissioners of the Commission;\n\n  chairman means the person appointed under section 5(1) to be the chairman of the Board;\n\n  chief executive officer means the person appointed as chief executive officer under section 17;\n\n  Commission means the Western Australian Tourism Commission established under section 4;\n\n  Commission Account means the Western Australian Tourism Commission Account established by section 24;\n\n  Department means the Department of Tourism continued under the *Public Sector Management Act 1994*;\n\nlocal government means a local government, regional local government or regional subsidiary;\n\n  member means member of the Board.\n\n[Section 3 amended: No. 32 of 1994 s. 19; No. 68 of 1994 s. 4; No. 14 of 1996 s. 4; No. 26 of 2016 s. 98.]\n\n## Part II — Administration\n\n### Division 1 — Western Australian Tourism Commission\n\n##### 4. The Commission\n\n(1) For the purposes of this Act, there shall be established a body corporate by the name of the “Western Australian Tourism Commission”.\n\n(2) Under its corporate name the Commission —\n\n(a) has perpetual succession and a common seal;\n\n(b) may sue and be sued in any court;\n\n(c) subject to this Act, is capable of doing and suffering all that bodies corporate may do and suffer.\n\n(3) The Commission is an agent of the Crown in right of the State.\n\n(4) Where in any judicial proceedings, whether under this Act or not, a document is produced bearing a seal purporting to be the common seal of the Commission the court or tribunal before which those proceedings are brought shall in the absence of proof to the contrary presume that —\n\n(a) the seal is the common seal of the Commission; and\n\n(b) the seal was duly affixed.\n\n(5) Regulations made under this Act may make provision as to the use of the common seal of the Commission in the State and elsewhere.\n\n##### 4A. Board of Commissioners\n\n(1) The Commission shall have a Board of Commissioners, appointed under section 5.\n\n(2) The Board is the governing body of the Commission with authority, in the name of the Commission, to exercise the powers and perform the functions of the Commission under this Act or under any other written law.\n\n[Section 4A inserted: No. 68 of 1994 s. 5.]\n\n##### 5. Board members\n\n(1) Subject to subsection (2), the Board shall consist of not more than 10 members appointed by the Governor of whom one shall be appointed by the Governor to be the chairman.\n\n(1a) The chief executive officer may be appointed by the Governor to be a member of the Board in addition to the members appointed under subsection (1).\n\n(1b) The Minister shall appoint one of the members appointed under subsection (1) to be the deputy chairman.\n\n(2) Subject to this Act —\n\n(a) the chairman shall hold office for such period not exceeding 5 years; and\n\n(b) each other member shall hold office for such period not exceeding 4 years,\n\nas is specified in the instrument of his appointment, and is eligible for reappointment.\n\n(3) The Minister may grant leave of absence to a member on such terms and conditions as the Minister determines.\n\n(4) The Governor may terminate the appointment of a member for inability, inefficiency or misbehaviour.\n\n(5) If a member —\n\n(a) is, according to the *Interpretation Act 1984* section 13D, a bankrupt or a person whose affairs are under insolvency laws; or\n\n(b) has his appointment terminated by the Governor, pursuant to subsection (4); or\n\n(c) is absent, except on leave duly granted by the Minister, from 3 consecutive meetings of the Board of which he has had notice; or\n\n(d) resigns his office by written notice addressed to the Minister,\n\nthe office of that member becomes vacant.\n\n(6) The Governor may fill any vacancies in the office of a member.\n\n[Section 5 amended: No. 68 of 1994 s. 6; No. 73 of 1994 s. 4; No. 55 of 2003 s. 4; No. 18 of 2009 s. 93.]\n\n##### 6. Acting members\n\n(1) Where —\n\n(a) a member is absent or temporarily incapable of fulfilling the duties of a member; or\n\n(b) the office of a member is vacant and has not been filled in accordance with this Act,\n\nthe Minister may appoint a person to act in the place of that member during that absence or incapability, or until the vacancy is filled, as the case requires, and a person so appointed has, while the appointment subsists, all the duties, powers and entitlements of, and the protection given to, the member in whose place the person is appointed to act.\n\n(2) The appointment of a person as an acting member may be terminated at any time by the Minister.\n\n##### 7. Remuneration of members\n\n(1) The terms and conditions of service of, and the remuneration and allowances to be paid to, a member, shall be determined by the Minister after consultation with the Public Sector Commissioner.\n\n(2) Acceptance of, or acting in, the office of a member shall not of itself render the provisions of Part 3 of the *Public Sector Management Act 1994* or any other Act applying to persons as officers of the Public Service or employees of a State instrumentality applicable to that member or affect or prejudice the application to him of those provisions if they applied to him at the time of the acceptance of, or acting in, that office.\n\n[Section 7 amended: No. 32 of 1994 s. 19; No. 68 of 1994 s. 7; No. 39 of 2010 s. 89.]\n\n##### 8. Proceedings of Board\n\n(1) The Board shall hold its meetings at such place on such days and at such intervals as the Board shall from time to time determine.\n\n(2) At any meeting of the Board —\n\n(a) a majority of the members constitute a quorum;\n\n(b) the chairman, or in his absence the deputy chairman, shall preside but where both are absent from the meeting the members may appoint one of their number to preside at that meeting;\n\n(c) each member present is entitled to a deliberative vote; and\n\n(d) where the votes cast on any question are equally divided the chairman, or, in his absence the deputy chairman or the presiding member in terms of paragraph (b), shall have a casting vote.\n\n(2a) Where, by reason of section 11(2) or (3), a member is not present at a meeting of the Board during consideration of a matter, but there would be a quorum if the member were present, the remaining members present constitute a quorum for the purpose of any deliberation or decision at that meeting in relation to that matter.\n\n(3) The Board shall cause accurate minutes to be kept of the proceedings at its meetings.\n\n(4) To the extent that it is not prescribed, the Board may determine its own procedure.\n\n(5) The Board may from time to time appoint committees of such members or such members and other persons, as it thinks fit and may discharge, alter, continue or reconstitute any committee so appointed.\n\n(6) Subject to the directions of the Board, each committee appointed under subsection (5) may determine its own procedures.\n\n[Section 8 amended: No. 68 of 1994 s. 8.]\n\n##### 9. Matters not to be invalidated by vacancies, or defects in appointment\n\nNo proceeding or act of the Board shall (if there is a quorum) be invalidated or illegal in consequence only of there being a vacancy in the number of members at the time of that proceeding or act, or in consequence of there being some defect in the appointment of a person purporting to be a member.\n\n[Section 9 amended: No. 68 of 1994 s. 9.]\n\n##### 10. Liability of members\n\nA person who is or has been a member or acting member of the Board is not personally liable for anything done or omitted in good faith in, or in connection with, the exercise or purported exercise of any power conferred, or the carrying out of any duty imposed, on the Board by or under this Act.\n\n[Section 10 amended: No. 68 of 1994 s. 10.]\n\n##### 11. Pecuniary interests of members to be disclosed\n\n(1) Any member of the Board who has a direct or indirect pecuniary interest, which he has not previously disclosed pursuant to this section, in any matter —\n\n(a) which is before a meeting of the Board at which he is present; or\n\n(b) on which he has advised the Board, whether or not he is present at the meeting where the matter is considered,\n\nshall, as soon as possible after the relevant facts have come to his knowledge, disclose the fact and nature of his interest to the Board and the Board shall ensure that the information disclosed is recorded in the minutes.\n\n(2) Where a member discloses an interest under subsection (1) in any matter the Board may by resolution —\n\n(a) exclude that member from a meeting whilst that matter is under consideration;\n\n(b) prohibit that member from voting on any question with respect to that matter.\n\n(3) When the Board is considering whether to exclude a member from a meeting or prohibit a member from voting under subsection (2), that member shall not be present during any deliberations of, or any vote taken by, the Board for the purpose of making the decision.\n\n[Section 11 amended: No. 68 of 1994 s. 11.]\n\n[**12.** Deleted: No. 68 of 1994 s. 12.]\n\n### Division 2 — Functions and powers of the Commission\n\n[Heading amended: No. 68 of 1994 s. 13.]\n\n##### 13. Functions\n\nThe functions of the Commission are —\n\n(a) to promote or to support and co‑ordinate the promotion of Western Australia as a holiday, event and convention destination and to do so within Australia and overseas;\n\n(b) to develop or to facilitate the development of new tourist facilities and to improve or facilitate the improvement of existing tourist facilities in Western Australia;\n\n(c) to develop or to facilitate the development of proposals for events and conventions;\n\n(d) to organize and administer or to assist in the organization and administration of events and conventions;\n\n(e) to promote tourism generally and to market travel; and\n\n(f) to advise the Minister on any matter relating to tourism or travel within Western Australia that is referred to the Commission by the Minister.\n\n[Section 13 inserted: No. 68 of 1994 s. 14.]\n\n##### 14. Powers\n\n(1) The Commission may do all things necessary or convenient to be done for or in connection with the performance of its functions.\n\n(2) Without limiting subsection (1), the Commission may, for the purpose of performing any function —\n\n(a) acquire, hold, manage, improve, develop and dispose of any real or personal property in Western Australia or elsewhere;\n\n(b) open and maintain accounts at a bank approved by the Treasurer;\n\n(c) liaise with any person, local government, public authority or department or instrumentality of the Commonwealth government or the government of any other place;\n\n(d) enter into any contract or arrangement;\n\n(e) act as an agent for any person engaged in the provision of travel or tourist facilities;\n\n(f) appoint agents in Western Australia and elsewhere;\n\n(g) provide travel and tourism information services;\n\n(h) demand and receive fees, retainers or commissions;\n\n(i) undertake research and investigation; and\n\n(j) make grants or, upon such terms and conditions as are approved by the Treasurer, make loans or provide guarantees to any person or to a local government or a public authority.\n\n(3) In this section, public authority means a Minister of the Crown in right of the State, Government department, State instrumentality, State public utility and any other person or body, whether corporate or not, who or which, under the authority of any written law, administers or carries on for the benefit of the State, a social service or public utility.\n\n[Section 14 inserted: No. 68 of 1994 s. 14; amended: No. 14 of 1996 s. 4.]\n\n##### 15. Formation of companies developing or operating tourist facilities\n\n(1) The Commission may, with the approval of the Minister and of the Treasurer, for the purpose of developing and operating tourist facilities in Western Australia or organizing and administering events and conventions —\n\n(a) participate in any business arrangement;\n\n(b) acquire, hold and dispose of shares, units or other interests in any business arrangement; and\n\n(c) exercise any right conferred upon the Commission to appoint a director of, or hold office in, a business arrangement.\n\n(2) In subsection (1) —\n\n  business arrangement means a proprietary limited company, partnership or trust;\n\n  participate includes form, promote, establish, enter into, manage, dissolve, wind up and do anything incidental to the doing of any of those things.\n\n(3) The Treasurer may, on the recommendation of the Commission, execute a guarantee in favour of any person for the purposes of this section.\n\n(4) A guarantee under subsection (3) may guarantee —\n\n(a) the payment of any moneys and interest thereon owing by any person;\n\n(b) the performance of an obligation undertaken by any person.\n\n(5) The provisions of section 27(5) shall apply to any guarantee under this section as if it were a guarantee under section 27.\n\n(6) The Treasurer is hereby authorised to charge to the Consolidated Account, which to the necessary extent is appropriated accordingly, any liability arising out of a guarantee under this section and any money received or recovered by the Treasurer from the Commission or otherwise in respect of any amount so charged by the Treasurer shall be credited to the Consolidated Account.\n\n[Section 15 amended: No. 98 of 1985 s. 3; No. 6 of 1993 s. 11; No. 68 of 1994 s. 15; No. 49 of 1996 s. 64; No. 77 of 2006 s. 4.]\n\n##### 16. Direction by Minister\n\n(1) The Minister may from time to time give written directions to the Commission with respect to its functions and powers either generally or with respect to a particular matter, and the Commission shall give effect to those directions.\n\n(2) The text of any direction given under subsection (1) shall be included in the annual report submitted by the accountable authority of the Commission under Part 5 of the *Financial Management Act 2006*.\n\n[Section 16 amended: No. 68 of 1994 s. 16; No. 77 of 2006 Sch. 1 cl. 185(1).]\n\n##### 16A. Minister to have access to information\n\n(1) The Minister is entitled to have information in the possession of the Commission and, if the information is in or on a document, to have, and make and retain copies of, that document.\n\n(2) For the purposes of subsection (1) the Minister may —\n\n(a) request the Commission to provide information to the Minister;\n\n(b) request the Commission to give the Minister access to information;\n\n(c) for the purposes of paragraph (b) make use of the staff of the Commission to obtain the information and provide it to the Minister.\n\n(3) The Commission is to comply with a request under subsection (2) and the Commission is to make its staff and facilities available to the Minister for the purposes of paragraph (c) of that subsection.\n\n(4) In this section —\n\n  document includes any tape, disc or other device or medium on which information is recorded or stored;\n\n  information means information specified, or of a description specified, by the Minister that relates to the functions of the Commission.\n\n[Section 16A inserted: No. 68 of 1994 s. 17.]\n\n### Division 2a — Corporate and operational plans\n\n[Heading inserted: No. 68 of 1994 s. 18.]\n\n##### 16B. Corporate plan\n\n(1) The Board shall, by 31 July each year, prepare a corporate plan for the Commission for the financial year and may review and revise that plan at any time.\n\n(2) A corporate plan shall include —\n\n(a) a statement of the objectives of the Commission;\n\n(b) a statement of the policies and strategies that the Board intends to adopt in order to achieve the Commission’s objectives; and\n\n(c) an assessment of the outlook for tourism to and within Western Australia for the next 4 financial years.\n\n(3) A corporate plan, and a revision of a corporate plan, shall be submitted to the Minister as soon as possible after it is prepared.\n\n(4) When preparing a corporate plan the Board shall consult with such tourism bodies as the Board considers relevant.\n\n[Section 16B inserted: No. 68 of 1994 s. 18.]\n\n##### 16C. Operational plan\n\n(1) When the Board is preparing a corporate plan it shall prepare an operational plan for the financial year to which the corporate plan relates.\n\n(2) An operational plan for a financial year shall —\n\n(a) contain an estimate of the Commission’s income and expenditure for that financial year; and\n\n(b) specify —\n\n(i) the programmes that the Board proposes the Commission will carry out; and\n\n(ii) the resources that the Board proposes to allocate to each programme.\n\n[Section 16C inserted: No. 68 of 1994 s. 18.]\n\n##### 16D. Board to comply with corporate and operational plans\n\nTo the extent that it is practicable to do so, the Board shall ensure that the performance of the Commission’s functions and the exercise of the Commission’s powers is consistent with, and designed to give effect to, the current corporate plan and the applicable operational plan.\n\n[Section 16D inserted: No. 68 of 1994 s. 18.]\n\n### Division 3 — Employees and staff of the Commission\n\n##### 17. Employees of Commission\n\n(1) Subject to this Act, the Commission may, from time to time, employ a chief executive officer and such other persons as it considers necessary to enable the Commission to carry out its objects.\n\n(2) The chief executive officer shall conduct the affairs of the Commission, acting in accordance with any policies determined, and any directions given, by the Board.\n\n(3) The Board shall not appoint a member as the chief executive officer.\n\n(3a) Subject to the *Salaries and Allowances Act 1975*, the chief executive officer shall be paid such remuneration and allowances, and holds office on such terms and conditions, as are determined by the Board after consultation with the Public Sector Commissioner.\n\n(3b) The chairman may appoint a person, other than a member of the Board, to act as chief executive officer —\n\n(a) during a vacancy in the office of chief executive officer; or\n\n(b) during any period when the chief executive officer is absent from duty or from Western Australia or is, for any other reason, unable to perform the duties of the office.\n\n(4) Subject to any relevant award under the *Industrial Relations Act 1979* or any other Act, the Commission may, after consultation with the Public Sector Commissioner, determine the remuneration and other terms and conditions of service of its employees, other than the chief executive officer.\n\n(5) The Board may, from time to time, after consultation with the Public Sector Commissioner classify the positions to be held by employees of the Commission and define the duties to be performed by the respective holders of those positions.\n\n(6) Part 3 of the *Public Sector Management Act 1994* does not apply to or in relation to an employee of the Commission.\n\n[Section 17 amended: No. 32 of 1994 s. 19; No. 68 of 1994 s. 19; No. 55 of 2003 s. 5; No. 39 of 2010 s. 89.]\n\n##### 18. Employment of current officers\n\n(1) A person who was immediately prior to the commencement of this section an officer within the meaning of the *Public Service Act 1978* 2 holding a position in the Department shall be entitled to be employed pursuant to the provisions of this Act in an office with a remuneration corresponding with or higher than that which he received in the position that he held immediately prior to the commencement of this section.\n\n(2) A person who becomes an employee of the Commission pursuant to subsection (1) shall, subject to a suitable vacancy being available, be entitled to be reappointed by the Public Service Board 3 at the termination of his employment with the Commission, to an office in the Public Service with a classification and remuneration corresponding with that of the office which he last held in the Public Service.\n\n##### 19. Employees transitional provisions\n\n(1) Where an officer of the Public Service becomes an employee of the Commission he is entitled to retain all his existing and accruing rights (including any rights under the *Superannuation and Family Benefits Act 1938* 4) as if his service as an employee of the Commission were a continuation of his service as an officer of the Public Service.\n\n(2) Where a person ceases to be an employee of the Commission and becomes an officer of the Public Service his service as an employee of the Commission shall be regarded as service in the Public Service for the purposes of determining his rights as an officer of the Public Service and for the purposes of the *Superannuation and Family Benefits Act 1938* 4.\n\n(3) For the purposes of the *Superannuation and Family Benefits Act 1938* 4 the Commission is hereby declared to be a “department” within the meaning of that Act.\n\n##### 19A. Status of employees who are members of Senior Executive Service\n\nDespite sections 17, 18 and 19, to the extent that there is, in the case of a person who is appointed chief executive officer or other employee and who is a member of the Senior Executive Service within the meaning of the *Public Sector Management Act 1994*, an inconsistency between this Act and that Act, that Act shall prevail.\n\n[Section 19A inserted: No. 68 of 1994 s. 20.]\n\n##### 20. Professional or technical assistance\n\nThe Commission may engage persons on a casual basis or under contract for services to provide professional, technical or other assistance.\n\n##### 21. Use of staff and facilities of departments and instrumentalities\n\nThe Commission may by arrangement with the relevant employing authority within the meaning of the *Public Sector Management Act 1994*, make use, either full-time or part-time, of —\n\n(a) the services of any officer or employee employed in the Public Service of the State or in a State instrumentality or otherwise in the service of the Crown in right of the State; or\n\n(b) any facilities of a department of the Public Service of the State or of a State instrumentality.\n\n[Section 21 amended: No. 32 of 1994 s. 19; No. 68 of 1994 s. 21.]\n\n##### 22. Secrecy\n\n(1) This section applies to every person who is or has been a member, is acting or has acted in the office of a member, is or has been an employee of the Commission or is rendering or has rendered services to the Commission under section 20 or 21.\n\n(2) A person to whom this section applies shall not, either directly or indirectly, except in the performance of a function or duty under or in connection with this Act —\n\n(a) make a record of, or divulge or communicate to any person, any information concerning the affairs of another person acquired by him by reason of his office or employment under or for the purposes of this Act; or\n\n(b) produce to any person any document relating to the affairs of another person furnished for the purposes of this Act.\n\nPenalty: $5 000.\n\n[Section 22 amended: No. 68 of 1994 s. 22.]\n\n##### 23. Delegation by Commission\n\n(1) The Commission may, by writing under its common seal, either generally or as otherwise provided by the instrument of delegation, delegate to any member or to any employee of the Commission, all or any of its powers, authorities, functions or duties under this Act, other than this power of delegation.\n\n(2) For the purposes of this Act, the exercise of a power or the performance of a duty by a delegate under this section shall be deemed to be the exercise of the power or the performance of the duty by the Commission.\n\n(3) A delegation under this section may be made to a specified person or to persons of a specified class, or may be made to the holder or holders for the time being of a specified office or class of offices.\n\n(4) A delegation under this section may —\n\n(a) be made subject to such conditions, qualifications and exceptions as are set out in the instrument of delegation;\n\n(b) be revoked or varied by instrument in writing under the common seal of the Commission.\n\n(5) The Commission may exercise a power or perform a duty notwithstanding that it has delegated its exercise or performance under this section.\n\n[Section 23 amended: No. 68 of 1994 s. 23.]\n\n## Part III — Financial provisions\n\n##### 24. Funds and Commission Account\n\n(1) The funds available for the purpose of enabling the Commission to carry out its objects and perform its functions under this Act consist of —\n\n(a) moneys from time to time appropriated by Parliament for the purposes of this Act;\n\n(b) all moneys received by the Commission for services provided under the authority of this Act;\n\n(c) all moneys received by the Commission for the purposes of this Act;\n\n(d) any moneys received by the Commission in repayment of any loan or part thereof authorised to be made under section 14 and interest thereon;\n\n(e) any other moneys received by the Commission, except moneys received and held on behalf of any person in its capacity as a travel agent.\n\n(2) The funds referred to in subsection (1) shall be paid into, and be placed to the credit of, an account at a bank within the State approved by the Treasurer, to be called the “Western Australian Tourism Commission Account”.\n\n(3) The Commission is authorised to pay moneys out of the Commission Account —\n\n(a) in payment of all costs and expenses incurred by the Commission for the purpose of giving effect to this Act;\n\n(b) in the repayment of moneys borrowed by the Commission or the Department and interest thereon;\n\n(c) in the repayment of money to be credited to the Consolidated Account; or\n\n(d) in any other way authorised by this Act.\n\n(4) Moneys standing to the credit of the Commission Account shall be applied by the Commission only for the purposes of this Act.\n\n[Section 24 amended: No. 98 of 1985 s. 3; No. 6 of 1993 s. 11 and 14(7); No. 49 of 1996 s. 64; No. 77 of 2006 s. 4.]\n\n##### 25. Power to invest\n\nAny moneys standing to the credit of the Commission Account which are not immediately required for the purposes of this Act may, with the approval of the Treasurer be invested in any manner in which moneys standing to the credit of the Public Bank Account may be invested under the *Financial Management Act 2006*.\n\n[Section 25 amended: No. 98 of 1985 s. 3; No. 77 of 2006 Sch. 1 cl. 185(2).]\n\n##### 26. Booking Account\n\n(1) The Commission shall establish and at all times maintain in accordance with this Act an account at a bank within the State approved by the Treasurer, to be called the “Western Australian Tourism Commission Booking Account”.\n\n(2) The Commission shall credit to the Booking Account all moneys received or held on behalf of any person by the Commission in its capacity as a travel agent.\n\n(3) The Commission shall pay moneys withdrawn from the Booking Account to the person or persons lawfully entitled or authorised to receive them.\n\n(4) All moneys paid into the Booking Account shall be accounted for separately from the Commission Account.\n\n(5) Any moneys standing to the credit of the Booking Account may be invested in any manner in which moneys standing to the credit of the Public Bank Account may be invested under the *Financial Management Act 2006* and any revenue earned from that investment is to be placed to the credit of the Commission Account.\n\n[Section 26 amended: No. 68 of 1994 s. 24; No. 77 of 2006 Sch. 1 cl. 185(3).]\n\n##### 27. Borrowing by Commission\n\n(1) Subject to this Act the Commission may —\n\n(a) borrow by way of loan, advance or overdraft such moneys;\n\n(b) obtain and provide such credit;\n\n(c) pay such commission or brokerage; and\n\n(d) give, take or arrange such security,\n\nas it thinks necessary from time to time for carrying out its objects.\n\n(2) A loan, advance or overdraft under this section may only be made with the prior approval of the Treasurer and upon such terms and conditions as the Treasurer approves.\n\n(3) Any moneys borrowed by the Commission under this section may be raised as one loan or as several loans and in such manner as the Treasurer may approve, but the amount of the moneys so borrowed shall not in any one year exceed in the aggregate such amount as the Treasurer approves.\n\n(4) The Treasurer may, in the name and on behalf of the Crown in right of the State, guarantee repayment of the principal moneys and interest thereon in respect of moneys borrowed by the Commission under this section, and any liability of the Crown arising out of the guarantee is to be charged to the Consolidated Account, which to the necessary extent is appropriated accordingly.\n\n(5) A guarantee under this section shall be in such form and subject to such terms and conditions as the Treasurer determines and, without limiting the generality of the foregoing, shall be subject to a condition that the lender shall not, without the consent in writing of the Treasurer, assign or encumber the benefit of the guarantee.\n\n[Section 27 amended: No. 98 of 1985 s. 3; No. 6 of 1993 s. 11; No. 49 of 1996 s. 64; No. 77 of 2006 s. 4.]\n\n##### 28. 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 Commission and its operations.\n\n[Section 28 inserted: No. 98 of 1985 s. 3; amended: No. 77 of 2006 Sch. 1 cl. 185(4).]\n\n##### 29. Review of Act\n\n(1) The Minister shall carry out a review of the operation and effectiveness of this Act as soon as is practicable after the expiration of 5 years from the commencement of the *Western Australian Tourism Commission Amendment Act 1994* and in the course of that review the Minister shall consider and have regard to —\n\n(a) the effectiveness of the operations of the Commission;\n\n(b) the need for the continuation of the functions of the Commission; and\n\n(c) such other matters as appear to be relevant to the operation and effectiveness of this Act.\n\n(2) The Minister shall prepare a report based on the review made under subsection (1) and shall, as soon as is practicable after the preparation thereof, cause the report to be laid before each House of Parliament.\n\n[Section 29 inserted: No. 68 of 1994 s. 25.]\n\n## Part IV — General\n\n##### 30. 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## Part V — Transitional and repeal 1\n\n##### 31. Transitional\n\n(1) On and from the day upon which this section comes into operation —\n\n(a) the Department shall cease to exist and, subject to this Act all functions, powers, authorities and duties being exercised or performed immediately prior to that date by the Department shall be exercised and performed by the Commission;\n\n(b) all premises occupied by or on behalf of the Department immediately prior to that day for or in connection with the conduct of the business of the Department shall be occupied by the Commission for or in connection with the conduct of its business and activities authorised by this Act;\n\n(c) all assets (including furniture, fittings and other Crown property but excluding land) used by the Department shall be assigned to and taken over by the Commission;\n\n(d) all liabilities incurred by or on behalf of the Department shall be transferred to and be borne and discharged by the Commission;\n\n(e) all charges, fees and moneys due, payable or leviable by or on behalf of the Department shall be paid to and may be received, levied and recovered by the Commission;\n\n(f) all contracts made by the Department or by any Minister of the Crown on behalf of the Department shall have effect as contracts by and with the Commission and may be enforced by and against the Commission accordingly;\n\n(g) such books, documents, records and papers used by or on behalf of the Department as the Minister determines shall be handed over to the Commission.\n\n(2) Not later than one month after the coming into operation of this section the Commission and the Minister for Works shall agree upon the terms and conditions on which the Commission shall —\n\n(a) occupy the premises referred to in subsection (1)(b); and\n\n(b) take an assignment of the assets referred to in subsection (1)(c),\n\nand in default of agreement the terms and conditions of occupancy and assignment shall be as the Minister for Works determines.\n\n##### 32. References to Department of Tourism in other laws\n\n(1) A reference in any Act or regulation to the Department shall, unless the context otherwise requires, be read and construed as a reference to the Commission.\n\n(2) A reference in any Act or regulation to the Director of Tourism or the Permanent Head of the Department shall, unless the context otherwise requires, be read and construed as a reference to the chairman.\n\n[**33.** Omitted under the Reprints Act 1984 s. 7(4)(f).]\n\n[**34.** Deleted: No. 55 of 2003 s. 6.]\n\n![dline]()\n\nNotes\n\nThis is a compilation of the *Western Australian Tourism Commission Act 1983* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Western Australian Tourism Commission Act 1983* | 57 of 1983 | 13 Dec 1983 | 1 Jan 1984 (see s. 2 and *Gazette* 30 Dec 1983 p. 5017) |\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| *Acts Amendment (Public Service) Act 1987* s. 32 | 113 of 1987 | 31 Dec 1987 | 16 Mar 1988 (see s. 2 and *Gazette* 16 Mar 1988 p. 813) |\n| *Financial Administration Legislation Amendment Act 1993* s. 11 and 14(7) | 6 of 1993 | 27 Aug 1993 | 1 Jul 1993 (see s. 2(1)) |\n| *Western Australian Tourism Commission Amendment Act 1993* | 44 of 1993 | 20 Dec 1993 | 20 Dec 1993 (see s. 2) |\n| *Acts Amendment (Public Sector Management) Act 1994* s. 19 | 32 of 1994 | 29 Jun 1994 | 1 Oct 1994 (see s. 2 and *Gazette* 30 Sept 1994 p. 4948) |\n| *Western Australian Tourism Commission Amendment Act 1994* | 68 of 1994 | 9 Dec 1994 | s. 1 and 2: 9 Dec 1994;   Act other than s. 1 and 2: 31 Dec 1994 (see s. 2 and *Gazette* 30 Dec 1994 p. 7215) |\n| *Statutes (Repeals and Minor Amendments) Act 1994* s. 4 | 73 of 1994 | 9 Dec 1994 | 9 Dec 1994 (see s. 2) |\n| *Local Government (Consequential Amendments) Act 1996* s. 4 | 14 of 1996 | 28 Jun 1996 | 1 Jul 1996 (see s. 2) |\n| *Financial Legislation Amendment Act 1996* s. 64 | 49 of 1996 | 25 Oct 1996 | 25 Oct 1996 (see s. 2(1)) |\n| **Reprint of the *Western Australian Tourism Commission Act 1983* as at 29 Oct 1999** (includes amendments listed above) | | | |\n| *Western Australian Tourism Commission Amendment Act 2003* | 55 of 2003 | 22 Oct 2003 | 22 Oct 2003 (see s. 2) |\n| *Financial Legislation Amendment and Repeal Act 2006* s. 4 and Sch. 1 cl. 185 | 77 of 2006 | 21 Dec 2006 | 1 Feb 2007 (see s. 2(1) and *Gazette* 19 Jan 2007 p. 137) |\n| *Acts Amendment (Bankruptcy) Act 2009* s. 93 | 18 of 2009 | 16 Sep 2009 | 17 Sep 2009 (see s. 2(b)) |\n| **Reprint 2: The *Western Australian Tourism Commission Act 1983* as at 13 Aug 2010** (includes amendments listed above) | | | |\n| *Public Sector Reform Act 2010* s. 89 | 39 of 2010 | 1 Oct 2010 | 1 Dec 2010 (see s. 2(b) and *Gazette* 5 Nov 2010 p. 5563) |\n| *Local Government Legislation Amendment Act 2016* Pt. 3 Div. 35 | 26 of 2016 | 21 Sep 2016 | 21 Jan 2017 (see s. 2(b) and *Gazette* 20 Jan 2017 p. 648) |\n\n\nUncommenced provisions table\n\nTo view the text of the uncommenced provisions see *Acts as passed* on the WA Legislation website.\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *State Superannuation (Transitional and Consequential Provisions) Act 2000* s. 73 | 43 of 2000 | 2 Nov 2000 | To be proclaimed (see s. 2(2)) |\n\n\nOther notes\n\n1 The provision in this Act repealing the *Tourist Act 1973-1981* has been omitted under the *Reprints Act 1984* s. 7(4)(f).\n\n2 Under the *Public Sector Management Act 1994* s. 112(1), a reference to the *Public Service Act 1978* is to be read as a reference to the *Public Sector Management Act 1994*.\n\n3 Under the *Public Sector Management Act 1994* s. 112(2), a reference to the Public Service Board is, unless the contrary intention appears or it is otherwise provided under the *Acts Amendment (Public Sector Management) Act 1994*, to be construed as if it had been amended to be a reference to the Minister for Public Sector Management (as defined in the *Interpretation Act 1984*).\n\n4 The *Superannuation and Family Benefits Act 1938* was repealed by the *State Superannuation Act 2000* s. 39, but its provisions continue to apply to and in relation to certain schemes because of the *State Superannuation (Transitional and Consequential Provisions) Act 2000* s. 26.\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\nBoard 3\n\nbusiness arrangement 15(2)\n\nchairman 3\n\nchief executive officer 3\n\nCommission 3\n\nCommission Account 3\n\nDepartment 3\n\ndocument 16A(4)\n\ninformation 16A(4)\n\nlocal government 3\n\nmember 3\n\nparticipate 15(2)\n\npublic authority 14(3)\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act changes scope from a government Department to a stand‑alone corporate Commission by transferring functions, assets and liabilities (s31). It broadens the entity's commercial role—permitting property dealings, company participation, loans and borrowing subject to Treasurer approval (ss14,15,27)—while embedding ministerial control and information access (ss16,16A). Financial governance is tightened by applying the Financial Management Act and Auditor General Act (s28) and by separating Commission and Booking accounts (ss24,26). Employee arrangements depart from ordinary Public Sector Management rules (ss17,19A)."},"complexity_factors":["Transfer of functions and assets from a former Department to a new corporate body (s31) increases administrative and transitional complexity","Ministerial oversight: power to give written directions and mandatory inclusion of directions in annual report (s16)","Ministerial right to access and copy Commission information and to use Commission staff to obtain it (s16A)","Board governance rules: appointments, terms, removal, quorum, pecuniary‑interest disclosures and delegations (ss5,6,8,11,23)","Commercial powers allowing property transactions, contracting, agency roles, grants, loans and company participation—often subject to Treasurer or Minister approval (ss14,15,27)","Financial architecture: separate Commission and Booking Accounts, investment rules, borrowing limits and Treasurer guarantees and application of Financial Management and Auditor General Acts (ss24–28)","Employee status and public‑sector interface: ability to employ staff outside standard Public Sector Management provisions and transitional protection for transferred officers (ss17–19A)","Secrecy and penalty for disclosure of third‑party information (s22)","Requirement for corporate and operational plans with consultation and an obligation to act consistently with them (ss16B–16D)","Ministerial reporting and periodic statutory review obligations (s16(2), s29)"],"plain_english_summary":"This Act establishes the Western Australian Tourism Commission as a corporate statutory body to replace the former Department and to carry out tourism promotion and development. It vests governance in a Minister‑appointed Board and gives the Commission powers to contract, operate travel services, develop or invest in tourist facilities, borrow with Treasurer approval, and hold and apply funds and a separate booking account.\n\nParliamentary appropriations, service receipts, loans and Treasurer guarantees fund the Commission; the Board manages day‑to‑day activity but the Minister may issue directions and obtain Commission information, changing who decides and how public‑sector staff and finances are regulated."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1983 Act established the Commission primarily to replace the Department of Tourism and promote WA tourism. However, the 1994 amendments (No. 68 of 1994) significantly expanded the scope by: (1) introducing corporate and operational planning requirements (Division 2a); (2) adding detailed governance structures including Board powers (section 4A); (3) expanding commercial powers to form companies and business arrangements (section 15); (4) adding ministerial access to information powers (section 16A); and (5) inserting a statutory review mechanism (section 29). The Act evolved from a simple departmental replacement to a comprehensive statutory authority with corporate governance obligations, significantly broadening its regulatory framework beyond the original intent."},"complexity_factors":["Moderate length (32 sections) with multiple Divisions and Parts","11 defined terms in the interpretation section (section 3)","Extensive amendment history with 14 amending Acts since 1983, requiring cross-referencing to understand current operation","Employment provisions (sections 17-19A) interact with multiple other Acts including Public Sector Management Act 1994, Industrial Relations Act 1979, and Salaries and Allowances Act 1975","Financial provisions require coordination with Financial Management Act 2006 and Auditor General Act 2006","Transitional provisions (section 31) dealing with transfer of assets/liabilities from former Department of Tourism","Some nested conditions in delegation powers (section 23) and borrowing limits (section 27)"],"plain_english_summary":"This Act creates the **Western Australian Tourism Commission** — a government body that markets WA as a tourist destination and helps develop tourism infrastructure.\n\n**What it does:**\n- Establishes the Commission as a legal entity (a \"body corporate\") that can own property, sign contracts, and sue or be sued\n- Sets up a **Board of Commissioners** (up to 10 members plus the CEO) to govern the Commission\n- Gives the Commission power to:\n  - Promote WA holidays, events and conventions locally and overseas\n  - Develop or help develop tourist facilities\n  - Form companies and business partnerships to run tourist operations\n  - Make loans and grants to tourism projects (with Treasurer approval)\n  - Borrow money and invest funds\n  - Act as a travel agent\n- Requires the Board to prepare annual **corporate and operational plans** setting out goals and budgets\n- Makes the Commission subject to financial oversight laws and Auditor-General scrutiny\n- Includes secrecy provisions preventing staff from disclosing confidential information\n\n**Who it affects:**\n- Tourism businesses and operators in WA\n- Local governments developing tourism infrastructure\n- Commission employees and Board members\n- The Minister for Tourism (who can give directions to the Commission and access its information)\n\n**Why it matters:**\nThis is the legal foundation for how WA's government promotes tourism. It gives the Commission significant commercial powers — including forming companies, borrowing money, and providing financial guarantees — while ensuring ministerial oversight and public accountability through planning requirements and audit rules."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available in the provided content. The page returned was a system error notice, not the Act itself."},"complexity_factors":["No actual legislative text was provided — only a website error/404 page","Unable to assess true legislative complexity without the Act's content","Minimum score assigned as a placeholder due to absent source material"],"plain_english_summary":"The Western Australian Tourism Commission Act 1983 (text unavailable here) created the Western Australian Tourism Commission — the statutory body charged with promoting tourism in Western Australia. It affects the state government, tourism industry stakeholders and the travelling public by setting the legal basis for tourism promotion and governance; full powers and obligations require consulting the Act’s official text."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/western-australian-tourism-commission-act-1983","history":"/api/acts/western-australian-tourism-commission-act-1983/history","analysis":"/api/acts/western-australian-tourism-commission-act-1983/analysis","conflicts":"/api/acts/western-australian-tourism-commission-act-1983/conflicts","importantCases":"/api/acts/western-australian-tourism-commission-act-1983/important-cases","documents":"/api/acts/western-australian-tourism-commission-act-1983/documents"}}