Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Act 2007

The Repeal Act relies on a set of recurring legal and administrative organising concepts. Those concepts govern how assets, liabilities, authorities, funds and regulatory instruments are shifted from the repealed statute base to the BAM Act framework. The main concepts that appear repeatedly and control the legal effects are successor in title, account transfer and closure, substitution of parties and references in instruments, preservation of pre‑existing rights/proceedings, regulatory conversion and modification powers, and ministerial or gubernatorial commencement and proclamation controls.

Successor in title and devolution (ss 13, 14, 42): Where a statutory body or office established by a repealed Act had assets, rights or liabilities, the Repeal Act typically declares the new Authority to be successor in title (e.g. s 13: “Authority is successor in title of former holder”; s 42: assets/rights of the Agriculture Protection Board vest in the Authority). The concept operates by operation of law: vesting occurs “by force of this section” without need for assignment. Effects: vesting brings property, choses in action, and liabilities within the new administrative envelope.

Account transfers and closure (ss 25, 41(1), 58(1), 66(1), 72(1)(a), 73(2)): The Act identifies particular statutory funds (former accounts) and prescribes that monies standing to their credit on commencement are to be transferred to a BAM Act account (for example, transferred to the Modified Penalties Revenue Account or the cattle industry account established under the BAM Act). Where a fund is closed after transfer, the Repeal Act often requires the BAM Act account to receive any later payments that become due. Where specific uses are required, the Act prescribes them (s 58(2A) lists permitted uses for monies credited to the cattle industry account).

Substitution of parties and references (ss 17, 45): Agreements, instruments and registrations that referred to former bodies are to be read as if the Authority had been substituted as the party. This is a form of legal continuity intended to preserve the operation and enforceability of existing contracts and instruments without fresh consents in most cases.

Preservation of pending claims and immunity (ss 57, 71, 46): Pending compensation claims and pending proceedings arising under repealed Acts can be completed under the repealed Acts (ss 57, 71). Immunities that benefitted a former board remain in respect of acts done before commencement (s 46). These provisions reduce immediate litigation and transition disruption.

Regulatory conversion and modification (ss 4-6): Section 4 applies provisions of the Interpretation Act 1984 about repeal and substitution as if a repealed Act were repealed and re‑enacted by the BAM Act. The Governor may make regulations to handle issues arising from that application (s 4(4)). Regulations may (a) modify the operation of another written law (s 4(5)(a)), (b) provide that an order, notice, direction or authorisation under a repealed Act is taken to be an order under the BAM Act (s 4(5)(b)), and (c) exclude application of subsection (2) to specified orders or authorisations (s 4(5)(c)). The Repeal Act also gives power to make transitional regulations to deal with matters not covered by the Act itself (s 5). Those are broad instruments conferring flexible executive control to resolve transitional legal frictions.

Ministerial certification and proclamation controls (s 2): Sections 2(4)-(5) prevent certain repeal provisions (sections 53 and 68) coming into operation until the Minister certifies that prescribed BAM Act accounts are established and adequate provisions made for compensation for particular industries (cattle and grain/seed). The effect is to link repeal timing and associated compensation responsibilities to administrative readiness.

Conversion of identifiers and registers (s 81): Brands and earmarks registered under the repealed Stock (Identification and Movement) Act 1970 are treated, for BAM Act purposes, as registered identifiers and their owners as the registered owners of those identifiers. Registrations under the repealed Act expire five years after the date of registration unless sooner cancelled or re‑registered under the BAM Act (s 81(5)). This concept bridges historical property‑marking systems into the BAM Act identification regime while imposing a re‑registration horizon.

Priority charging and company obligations in bulk handling (s 69 / inserted s 34D): The Repeal Act amends the Bulk Handling Act 1967 to authorise the Company to pay contributions on behalf of growers and to treat such payments as debts and first charges over moneys payable to the grower in respect of grain and seed (new s 34D). That creates a statutory collection and priority mechanism embedded into the grain supply chain.

Terminology alignment: Across many amended Acts the Repeal Act replaces older terms (“declared plant”/“declared animals”) with the BAM Act term “declared pest” (see s 28(2)-(3), s 90, s 95). That is an important semantic and definitional realignment that shifts regulatory framing; operational definitions and scope now depend on the BAM Act’s definitions.

These concepts combine to convert a distributed legislative architecture into a single statutory hub (the BAM Act) with transitional rails provided by the Repeal Act. The Repeal Act provides mechanical conversion, but several important powers are left to executive instruments (regulations, proclamations, ministerial certificates) and to the BAM Act itself where the detail of ongoing regimes is located.

The Repeal Act affects a broad set of parties by operation of statute. The effects vary by subgroup, and the Act distinguishes between transferred state bodies, industry funds and participants, private landholders and occupiers, registered brand owners, companies handling grain and seed, and persons with pending compensation claims or instruments under repealed laws.

State bodies and public servants: Entities established by repealed Acts, including the former Agriculture Protection Board, the Chief Executive of the Department of Agriculture (the “former holder”), and other statutory boards, are directly affected because their assets, liabilities, records and functions vest in the new Authority or are otherwise transferred (see ss 13-17, 40-47). Public sector administrative arrangements and appointments are implicated by amendments to Public Sector Management Act references (s 39) and by the substitution of the Director General of the department principally assisting in the administration of the BAM Act where the repealed Acts previously referred to particular officers (see s 3 definition of Director General and amendments in ss 9-11).

Industry funds and growers: Funds that supported industry compensation or eradication schemes are particularly affected. The Repeal Act directs the transfer of moneys in former accounts (e.g. the Agricultural Products Modified Penalties Revenue Fund, Skeleton Weed Eradication Fund, Plant Diseases Modified Penalties Fund, Cattle Industry Compensation Fund) to designated BAM Act accounts (ss 25, 66, 72, 58). Growers who paid or were due to pay contributions to former funds will see collection, priority and payment mechanics altered (see new s 34D inserted into the Bulk Handling Act 1967 at s 69). Management committees and permitted uses for transferred funds are set out for at least some accounts (s 58(2A) for the cattle account), which will affect how industry monies are applied.

Cattle and grain/seed industries in particular: The Act contains specific transitional rules and commencement conditions for the cattle industry (s 2(4), s 53 and ss 56-59) and for grain and seed crops (s 2(5), s 68 and ss 70-73). Section 2 prevents s 53 or s 68 coming into operation until the Minister certifies that prescribed BAM Act accounts are established and adequate provisioning for compensation exists. Owners of stock and grain/seed producers therefore have contingent legal changes dependent on administrative certification.

Owners of branded stock and identifier holders: Registered owners of brands or earmarks under the repealed Stock (Identification and Movement) Act 1970 are affected because their brands are to be treated as BAM Act identifiers, and they are treated as registered owners of those identifiers under the BAM Act, but registrations expire five years after registration unless re‑registered under the BAM Act (s 81). This requires brand owners to monitor re‑registration requirements and timing.

Private landholders and occupiers: Several provisions affect rights and duties of private landholders. For example, Crown land matters are reallocated (s 15) and the Land Administration Act and other tenure provisions are amended to refer to “declared pests” (s 11, s 90). Moreover, the inserted s 28A into the Exotic Diseases of Animals Act 1993 (s 88) grants the Governor power to proclaim control measures in a part of the State; where a proclamation is in force it vests property in and right to possession of stock on Crown land in the Crown and allows Ministerial directions as to treatment or disposal of stock without compensation (s 28A(3)(a)-(c)). That specific insertion affects owners of stock on Crown land in proclaimed areas.

Companies that handle grain and seed: The reworked s 34D in the Bulk Handling Act authorises the Company to pay statutory contributions for growers and treats those payments as a debt due from the grower, and as a first charge on moneys payable to that person for grain and seed (s 69). That changes the commercial security and collection dynamics for growers who deliver to the Company.

Persons with ongoing proceedings or rights under repealed Acts: The Repeal Act preserves pending claims and proceedings (ss 57, 71) and ensures that orders, notices and instruments may be converted to BAM Act instruments by regulations (s 4(5)(b)). Individuals or entities involved in enforcement, compliance, compensation, contracts or licences under repealed laws remain subject to those legal processes or see those processes continue under BAM Act instruments.

Regulatory enforcement officers and inspectors: The Act redirects inspector appointments to the BAM Act (e.g. s 30A amends Firearms Act terminology to define “agriculture inspector” as an inspector appointed under the BAM Act s 162). Inspectors previously appointed under repealed Acts are migrated to the BAM Act appointment model (see s 78 and associated references).

Local governments and other authorities: Amendments to local government and land management statutes (e.g. s 91 amending Local Government (Miscellaneous Provisions) Act 1960; s 90 amending Land Administration Act 1997) shift statutory obligations and powers exercised by local government in relation to pests and stock to BAM Act terminology and authority.

In short, the Repeal Act reorganises who holds statutory powers (Authority, Director General, Minister, Governor), how industry monies are pooled and applied (BAM Act accounts), and how private parties interact with the statutory architecture (re‑registration requirements, transfers of funds, conversion of instruments). The transition is driven by statutory mechanisms that emphasise continuity while centralising the legal relationships under the BAM Act, but a number of consequential procedural and administrative actions are required by affected parties to ensure compliance and preserve rights (for example, re‑registration of identifiers, monitoring ministerial certification and proclamations, lodging or tracking claims that continue under repealed Acts).

The Repeal Act is primarily transitional and therefore its operative duties and rights are about legal succession, account use, continuation of proceedings and recognition of prior instruments. It does not create extensive new regulatory duties like offences or licensing regimes; those are located in the BAM Act and in the other amended Acts. The Repeal Act creates and preserves rights and duties through a set of interlocking provisions.

Succession duties and rights: Successor provisions (ss 13, 14, 42) convert the former holder’s assets, rights and liabilities into the Authority’s assets, rights and liabilities. Effectively, the Authority acquires the right to enforce, the duty to discharge liabilities, and the entitlement to manage assets that previously belonged to the repealed bodies. Section 14 specifically provides that proceedings available to or against the former holder may be brought against the Authority, which creates a continuation of both enforcement rights and litigation duties.

Account custodianship and permitted uses: The Act directs where moneys held in former accounts must be credited (e.g. ss 25, 41(1), 58(1), 66(1), 72(1)(a)). For some accounts the Act specifies permissible applications of those funds. For example, s 58(2A) sets out permitted uses for money credited to the cattle industry account, including payment of compensation applications under the repealed Act (s 58(2A)(a)), payment of liabilities that arose before the commencement day (s 58(2A)(b)), funding of scientific research for cattle health and production (s 58(2A)(c)), and other purposes determined under regulations or by a management committee (ss 58(2A)(d)-(e)). Those provisions set out duties on the managers of the relevant BAM Act accounts to apply transferred funds for specific industry purposes.

Contract and instrument continuity duty: Sections 17 and 45 require that existing agreements and instruments that had the former body as a party continue to have effect but with the Authority substituted as party. That imposes a duty on the Authority (and confers rights on the other contractual party) to perform the contract as if the Authority had been the original party. The Act also protects against the operation of such substitution being treated as a breach of contract or a basis for rescission (s 48), dampening contractual disturbance.

Preservation of claims and obligations: Sections 57 and 71 require that compensation applications or claims that were not fully dealt with before repeal are to be dealt with under the repealed Act as if it had not been repealed. That is a duty on the administering authority or agency to complete outstanding applications under the legal regime under which they were commenced and a right for applicants to have their claims assessed under the repealed law.

Registration and identifier rights: Section 81 converts brands and earmarks registered under the repealed Stock (Identification and Movement) Act into identifiers in the BAM Act framework and treats registered owners as the registered owners of those identifiers. However, such registrations expire five years after the date of registration unless re‑registered under the BAM Act (s 81(5)), creating a duty on identifier owners to re‑register to preserve long‑term registration rights.

Regulatory conversion and declaration rights: The Governor and Minister retain decision rights to bring various provisions into operation by proclamation (s 2) and to make proclamations for specific disease or biosecurity control purposes (e.g. s 28A insertion into Exotic Diseases Act; s 2(2) & s 28A(2)-(4)). Regulations under s 4(4) can convert or declare that orders or authorisations under repealed Acts are taken to be orders under the BAM Act (s 4(5)(b)). Those provisions assign formal decision rights to the executive to determine transitional legal status of instruments and make associated duties of administration.

Conclusive certificate powers: The Minister or the Authority may issue certificates in relation to certain facts that are declared to be conclusive evidence unless the contrary is shown. For instance, s 16(3) allows the Minister to certify whether specific intellectual property rights were created for the purposes of the repealed Act and makes such a certificate conclusive evidence of that fact unless the contrary is shown. Similarly, s 43(3) allows the Authority to certify whether an asset was purchased from a former account, and makes that certificate conclusive evidence unless contrary shown. These provisions confer on the executive a strong evidentiary position and shift litigation boundaries; the certificate is not absolutely final because it is rebuttable, but it is conclusive unless contradicted.

Exemptions from State tax: Section 44 provides that State tax is not payable in relation to anything that occurs by reason of certain transitional provisions in that Division (the Agriculture Protection Board Division). This creates a legal right to exemption (and a corresponding duty on collectors to accept the exemption) with respect to those transactional transfers.

Company collection and priority rights: The new s 34D inserted into the Bulk Handling Act (see s 69) authorises the Company to pay contributions on behalf of a person who delivered grain or seed; payment creates a debt due to the Company and a first charge over moneys payable to that person in respect of grain and seed. That statutory first charge gives the Company a priority right to recoup contributions from growers’ proceeds.

No express new criminal penalties or general offence regime in this Act: The Repeal Act does not itself create widespread new offences or enforcement mechanisms; it is largely concerned with conversion and transitional rights and duties. Enforcement, penalties and operational duties are generally left to the BAM Act and to other amended legislation into which the Repeal Act inserts references.

In short, the Repeal Act creates a matrix of rights and duties concentrated on (a) successor status and contractual continuity; (b) custodianship and permitted use of funds moved into BAM accounts; (c) protection and processing of pending claims; (d) conversion and evidentiary rules that favour administrative certificates; and (e) targeted rights such as the Company’s statutory charge over growers’ proceeds. Those rights and duties reallocate who pays, who decides and who performs by placing the practical responsibilities in BAM Act bodies while preserving claimants’ entitlements and many contractual rights.

The Repeal Act itself is not primarily an enforcement‑oriented statute and does not establish broad new criminal sanctions. Its enforcement and compliance dimensions are mainly indirect, operating through pre‑existing or successor regimes, and through instruments that the Repeal Act authorises or supports.

No new general criminal offence regime in the Repeal Act: The Act does not create a comprehensive offence framework. Penalties for non‑compliance with substantive biosecurity, animal welfare, or pest control duties will be those found in the BAM Act or in other amended statutes referenced by the Repeal Act. Where the Repeal Act amends other statutes (for example, the Fair Trading Act, Firearms Act, Exotic Diseases Act, Auction Sales Act and Poisons Act), any enforcement or penalty consequences remain in those statutes as amended; the Repeal Act’s role is to align references and to provide transitional continuity.

Continuation of historical enforcement liabilities: The Repeal Act preserves the enforceability of proceedings and remedies that existed against bodies before the commencement day by making them available against the Authority after commencement (see ss 14(c), 42(c)). This preserves both creditor and enforcement rights , for example, a person who could bring a proceeding against a former statutory body can bring it against the Authority. That mechanism keeps prior enforcement lines alive.

Regulatory conversion of instruments: Regulations under s 4(5)(b) may provide that an order, notice, direction, requisition or authorisation made under a repealed Act is to be taken to be a corresponding instrument under the BAM Act. That conversion is an enforcement‑critical mechanism: it transforms old enforcement notices into current ones without the need for reissuing them under a different statutory basis. The Repeal Act therefore enables continuity of enforcement action taken before the BAM Act took hold.

Evidentiary and administrative certificates: The Act gives administrative officials conclusive certificate powers on certain facts (for example, intellectual property origin s 16(3); source of asset funding s 43(3)). Those certificates have evidentiary weight “unless the contrary is shown,” which tends to streamline administrative enforcement and reduce the scope for collateral litigation where records are clear. It also shifts the burden to the litigant to produce evidence to the contrary.

Statutory priority and collection mechanism for grain contributions: The new s 34D (inserted into the Bulk Handling Act by s 69) creates a statutory vehicle for collection: when the Company pays a contribution, the amount is a debt due by the grower to the Company and constitutes a first charge on money payable to that grower in respect of grain and seed. That statutory charge is an enforcement tool in commercial debt recovery and has the practical effect of moving collection from administrative levies into a statutory security mechanism enforceable against growers.

Ministerial proclamation powers with non‑compensable vesting: The Division inserted into the Exotic Diseases of Animals Act 1993 by s 88 (new s 28A) authorises the Governor to proclaim a part of the State for exotic disease control. When a proclamation is in force it vests property in and right to possession of stock on Crown land in the Crown and allows the Minister to direct treatment or disposal of the stock; crucially, s 28A(3)(c) states that no compensation is payable by or on behalf of the Crown by reason of the operation of that section. That clause is enforcement‑adjacent: it gives executive authorities the power to dispose of property for biosecurity purposes without a legal obligation to compensate, and it eliminates the usual financial check that compensation obligations provide.

Protections against prejudicial retrospective regulation: The Repeal Act allows regulations to have retrospective transitional effect (s 5(3)), but that section contains a protective limit: such regulations must not affect rights in a manner prejudicial to persons other than the State, state authorities or local governments, or impose liabilities for acts or omissions before the regulations’ publication date (s 5(5)). That constraint limits the capacity to use transitional regulations to impose penalties retrospectively on private persons, while permitting limited retrospective validation where not prejudicial.

Registrar and land title mechanics: The Repeal Act directs the Registrar of Titles to give effect to the Division (s 47) and by implication requires administrative registration changes to reflect transfers of land care and management and other encumbrances. The Registrar’s actions are an enforcement‑adjacent administrative step to ensure legal notices and land title instruments reflect the new legal reality.

Practical enforcement implication: Most day‑to‑day enforcement will be delivered under the BAM Act and the amended statutes where offence and penalty provisions sit. The Repeal Act’s enforcement role is to preserve pre‑existing enforcement rights, convert instruments into new legal bases as required, create certain statutory collection priorities (s 34D), and enable executive proclamation powers that permit uncompensated disposals in narrowly specified disease‑control situations (s 28A). Parties should therefore look to the BAM Act and the amended Acts for the substantive enforcement regime but use the Repeal Act to trace the continuity and evidentiary mechanics by which older enforcement measures remain effective.

The Repeal Act is expressly designed to be a consequential instrument; it intentionally interacts with a wide array of other Western Australian statutes by rewriting cross‑references, importing definition changes, converting instruments and reassigning funds and roles. Interaction occurs through direct amendments, transitional conversion, application of Interpretation Act repeal principles, and regulation‑making powers.

Substitution and cross‑reference replacement: The Act systematically replaces references to repealed Acts with references to the BAM Act across other statutes. Examples include amendments to the Animal Welfare Act 2002 (s 9, s 84), Health Act 1911 (s 10), Land Administration Act 1997 (ss 11, 90), Bush Fires Act 1954 (s 28), Firearms Act 1973 (s 30A), Local Government (Miscellaneous Provisions) Act 1960 (s 91), Poisons Act 1964 (s 93), and the Wildlife Conservation Act 1950 (s 95). These are concrete textual changes that align the statutory ecosystem to the BAM Act definitions and offices.

Application of the Interpretation Act 1984 repeal rules: Section 4(2) applies the Interpretation Act 1984 provisions about repeal and substitution “as if” the repealed Act were repealed and re‑enacted by the BAM Act. That operation builds into the Repeal Act the standard legal consequences of repeal and re‑enactment (for example, saving and transitional rules under the Interpretation Act), and creates a default legal method for mapping old provisions into the new statutory framework.

Regulatory modification power to override other written laws: Section 4(5)(a) permits regulations made under s 4(4) to “include provisions that modify the operation of another written law or otherwise have effect despite another written law.” That is a broad power to resolve inconsistencies; it means the Repeal Act (via regulations) can temporarily or permanently alter the operation of other laws to secure a workable transition. The Act requires such regulations to be made “within such period as is reasonably and practicably necessary” (s 4(6)), which is a procedural tempering of the power, but the substantive reach remains large.

Conversion and saving of existing instruments: Section 4(5)(b) allows regulations to provide that an order, notice, direction, requisition or authorisation under a repealed Act is to be taken as an instrument under the BAM Act. That avoids the need to re‑issue every administrative instrument and ensures continuity of enforcement and regulatory obligations across the repeal.

Specified statutory amendments to other Acts that change regulatory scope: The Repeal Act not only substitutes names but also changes the regulatory content in some places. Two notable examples from the text: (1) the bulk handling and contributions scheme: s 69 replaces s 34D of the Bulk Handling Act 1967 so as to authorise the Company to pay certain statutory contributions and to make such payments a debt and a first charge on growers’ proceeds; and (2) insertion of a Division into the Exotic Diseases of Animals Act 1993 (s 88) authorising the Governor to proclaim parts of the State and vest property in stock on Crown land in the Crown, including directions for treatment or disposal and an express no‑compensation rule (new s 28A). These are substantive interactions that change how other Acts operate in practice.

Terminology harmonisation: The Repeal Act replaces older terminology (“declared plant,” “declared animals”) with BAM Act terminology such as “declared pest” across multiple statutes (s 28(2)-(3); s 90; s 95). Terminology harmonisation affects interpretation and enforcement because the definitional boundaries now rest in the BAM Act.

Account and fund interaction with financial management laws: The Repeal Act transfers balances to BAM Act accounts and directs where proceeds of asset sales purchased from former funds must be credited (s 43(1)-(2)). It also amends the Financial Management Act 2006 (s 36) and removes certain items from the Public Sector Management Act schedules (s 39), thereby integrating transferred funds and bodies into the mainstream public finance and public sector frameworks.

Interaction with Fair Trading and other consumer law instruments: The Repeal Act amends the Fair Trading Act 2010 (s 23, s 29, s 61, s 64, s 75, s 86) to remove repealed Acts from schedule lists and to add the BAM Act to the schedule. That affects the regulatory perimeter as regards fair trading and consumer law interactions where agricultural or product statutes were previously scheduled.

Registrar of Titles duties: Section 47 instructs the Registrar of Titles to take notice and register necessary documents and otherwise give effect to the Division. That provides an administrative interaction point with land law and land title registration.

Limits and safeguards for retrospective transitional regulations: While the Act permits transitional regulations to have retrospective effect to the date of BAM Act commencement (s 5(3)), s 5(5) constrains retrospective operations that would be prejudicial to private persons. This interaction balances administrative need for retrospective effect with protection of private rights under general law.

Uncommenced provisions and future interactions: The compilation and uncommenced provisions table indicates that not all parts of the Act have been commenced (see the Uncommenced provisions table at the end); this creates a continued dependency between this Act and other future proclamations and amendments, and therefore ongoing interaction with the administrative timeline of BAM Act implementation.

In summary, the Repeal Act is a hub for cross‑statutory interaction. It does not operate in isolation; its effect is to remap legal obligations and entitlements from a set of repealed laws into the BAM Act and into existing statutory frameworks (finance, land administration, criminal enforcement where preserved, and agricultural product regulation). Practitioners must therefore read the Repeal Act and the BAM Act together, and track regulations, proclamations and ministerial certificates that the Repeal Act enables, to know the operative legal position.

The Repeal Act’s own text includes a compilation table and annotations that record subsequent amendments and commencement steps. Key recorded amendments and timing entries in the Act’s compilation are:

• Original enactment and assent: Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Act 2007 (No. 24 of 2007), assent 12 October 2007. Sections 1 and 2 commenced 12 October 2007; s 3 and many Part 2 provisions commenced 24 October 2007 (compilation table).
• Several divisions and sections commenced on later dates by proclamation: Division 9 (Div. 9 of Part 2) commenced 21 February 2009; Part 2 Div. 11 and 14 commenced 14 August 2010; Part 2 Div. 7 commenced 18 December 2010; s 27 and Pt. 2 Div. 6 Subdiv. 2 commenced 23 November 2011; various other divisions and Part 3 items commenced on 1 May 2013 (compilation table). Part 2 Div. 3 (Aerial Spraying) commenced 29 December 2018.
• Agriculture and Related Resources Protection Amendment Act 2010 (No. 46 of 2010) amended Part 3 and inserted amendments noted in the Repeal Act; the compilation table records the Amendment Act’s commencement 11 December 2010 for certain parts and identifies specific textual deletions and insertions effected by that Amendment Act (notably ss 30A and others).
• Acts Amendment (Fair Trading) Act 2010 (No. 58 of 2010) made multiple schedule amendments (noted across ss 23, 29, 61, 64, 75) with effect from 1 January 2011 (compilation table).
• Statutes (Repeals and Minor Amendments) Act 2025 (No. 14 of 2025) s 12 made a late amendment: the Repeal Act’s s 85(1)-(3) was deleted by that 2025 Act before it purported to come into operation (Other notes, point 1). The compilation table shows this 2025 amendment assented 25 September 2025 and commenced 26 September 2025.
• The compilation includes a note that s 78 of the Repeal Act came into operation even though the Act it purported to amend was later repealed by s 53 of the Repeal Act itself (Other notes, point 2), revealing a timing awkwardness addressed in the notes.
• The Uncommenced provisions table in the printed text records certain Division(s) and section(s) of the Repeal Act that remain to be proclaimed (for example, Part 2 Div. 18 and s 89) and cross‑references to other Acts with unproclaimed sections (e.g. Aquatic Resources Management Act 2016 s 363), indicating that not every sequenced change has been operationalised (Uncommenced provisions table).

Important commencement and certification linkages were built into the Act itself: sections 2(4)-(5) prevent specific provisions (specifically s 53 , repeal of the Cattle Industry Compensation Act 1965 , and s 68 , repeal of Plant Pests and Diseases (Eradication Funds) Act 1974) from coming into operation until the Minister certifies that particular BAM Act prescribed accounts have been established under the BAM Act s 140 and that adequate provision has been made for compensation (s 2(4)-(5)). The compilation table shows when parts actually commenced and includes dates spanning 2007 to 2018 and later amendment entries.

The Repeal Act has also been the target of numerous consequential amendments to other statutes, inserted by subsequent Acts; the Repeal Act’s own text records many such cross‑amendments (for example, the Firearms Act amendment s 30A appears to be inserted by the 2010 amendments; see s 30A note). The Repeal Act’s footnotes and compilation table record which parts were inserted or deleted by later Acts, so practitioners must consult the compilation and the WA legislation website for the current consolidated text.

The textual notes at the end of the printed Act highlight two specific post‑enactment items: s 85(1)-(3) was deleted by the Statutes (Repeals and Minor Amendments) Act 2025 s 12 before it came into operation, and s 78 came into operation although the Act it sought to amend was later repealed by s 53. Those entries illustrate that repeal and consequential amendment exercises are susceptible to timing complexities that may require later correction.

For practical statutory drafting and interpretation, the compilation table and the uncommenced provisions table are essential. They record the dates on which parts of this Repeal Act actually took legal effect and which parts remain on the books but are not yet active. When advising clients on whether a particular repeal or transitional rule is in force, a practitioner must check the compilation and the Gazette notices referenced in the table.

The Repeal Act text and its compilation notes do not record any cases or litigation that interpret or apply the Act. The Act itself contains evidentiary certificates that are “conclusive evidence of that fact, unless the contrary is shown” (for example, s 16(3) in relation to intellectual property and s 43(3) in relation to the source of asset funding), which suggests the legislature anticipated disputes might arise about provenance of assets or IP, but the Act’s text does not name any litigation or judicial authority.

Because the Repeal Act is principally transitional, most future litigation that relates to its operation is likely to arise in limited categories:

• Challenges to the validity or sufficiency of Ministerial certification for commencement of particular repeals (s 2(4)-(5)) could be litigated if stakeholders allege the Minister did not properly assess the existence or adequacy of prescribed BAM Act accounts. The Act does not itself provide a review mechanism for the Minister’s certification; judicial review principles would otherwise apply.
• Disputes over whether particular assets or intellectual property were “created in the performance of functions under the repealed Act” (s 16) could generate litigation, especially given that the Minister’s certificate is conclusive unless the contrary is shown (s 16(3)). A litigant could seek to show the certificate to be incorrect.
• Conversion of orders, notices or authorisations under s 4(5)(b) by regulation may give rise to contestation over whether a particular instrument was lawfully converted or whether the conversion prejudices private parties; s 5(5) provides that retrospective regulations cannot be prejudicial to private persons, but disputes about prejudice and the lawfulness of conversion would be for the courts.
• Claims under repealed compensation schemes that the Repeal Act requires to be completed under the repealed law (ss 57, 71) might provoke litigation about entitlement and the scope of continuing obligations and liabilities.

At present, the text does not report decisions. If litigation arises, its contours will be shaped by the BAM Act and by administrative law principles concerning ministerial certification, the exercise of proclamation and regulation‑making powers, and the proper scope of transitional powers to modify other laws.

Practitioners should therefore monitor administrative decisions (proclamations, ministerial certificates, regulations under the Repeal Act and under the BAM Act) because many likely disputes will be administrative in character and could be subject to judicial review or merits or rights litigation once specific instruments are issued.

The Repeal Act is dense with transitional mechanics, and several specific provisions can create traps for the unwary. Below are concrete “gotchas” to watch for, with the relevant sections cited.

1. Ministerial certification requirement delays substantive repeal for some protections (s 2(4)-(5)). Sections 53 (repeal of the Cattle Industry Compensation Act 1965) and 68 (repeal of the Plant Pests and Diseases (Eradication Funds) Act 1974) are subject to a statutory hold‑point. They do not come into force until the Minister certifies (a) that a prescribed BAM Act account as defined in BAM Act s 140 has been established and (b) that adequate provision has been made for compensation relating to certain pre‑existing declarations. That means stakeholders cannot assume those repeals have effect until a certificate is actually delivered to the Governor. Commercial and compensation planning for cattle and grain/seed industries must therefore check whether the Minister’s certificates have been issued.

2. Certificates as “conclusive evidence” shift evidentiary burdens (ss 16(3), 43(3)). The Minister and the Authority may issue certificates that are conclusive evidence of particular facts unless contrary shown. While not absolutely final, these certificates make it materially harder to dispute administrative characterisations. Parties disputing such certificates will need documentary evidence strong enough to rebut a statutory presumption.

3. Registrations expire automatically after five years unless re‑registered (s 81(5)). Brands and earmark registrations carried over from the repealed Stock (Identification and Movement) Act are treated as BAM Act identifiers but will expire five years from registration unless re‑registered under the BAM Act. Identifier owners should not assume lifetime continuity without administrative action.

4. No compensation for stock vested in Crown under new proclamation powers (s 28A inserted by s 88). The inserted s 28A into the Exotic Diseases of Animals Act 1993 allows the Governor to proclaim areas and, where in force, vests property and possession of stock on Crown land in the Crown and authorises Ministerial directions for treatment or disposal; critically, s 28A(3)(c) states “no compensation is payable by or on behalf of the Crown by reason of the operation of this section.” Owners of stock on Crown land in a proclaimed area therefore risk uncompensated loss, and practitioners should flag this risk to clients who use Crown land or have stock habitually present on Crown land.

5. Conversion of instruments may alter parties’ rights without fresh consent (s 4(5)(b)). Regulations may declare that older orders, notices or authorisations are taken to be instruments under the BAM Act. Practically, an enforcement notice issued under a repealed Act can survive as a BAM Act instrument by administrative conversion. Affected parties must track whether particular notices were captured by conversion regulations.

6. Regulations can modify other written laws during transition (s 4(5)(a)). The Act authorises transitional regulations that may modify the operation of other written laws. While this flexibility is intended to smooth transition, it can temporarily change legal relationships , for example, extinguishing a statutory right or altering an administrative requirement , and parties should monitor the Gazette for transitional regulations.

7. Fund transfers and closures reallocate financial rights and priorities (ss 25, 41(1), 58(1), 72(1)(a), 34D). Monies standing to credit of former accounts are transferred to BAM Act accounts and former accounts are closed. Where financial entitlements, priorities or contributions depended on sourcing from a former fund, their recovery and priority may change under the transferred account rules and new statutory charges (s 34D).

8. Immunities preserved for prior acts remain (s 46). The Repeal Act preserves immunities that applied to former bodies for acts done before commencement; however immunity continuation may complicate claimants’ ability to secure remedies for pre‑commencement harms.

9. Timing and commencement complexity (compilation table and uncommenced provisions). Various Divisions and sections commenced on different dates, and some parts remain uncommenced. Practitioners must check the compilation table and Gazette proclamations rather than assume uniform commencement; the Act’s own compilation table is explicit about multiple commencement dates. The notes record later amendments (e.g. Statutes (Repeals and Minor Amendments) Act 2025 deleting s 85(1)-(3)) which alter the structure after initial enactment.

10. Administrative substitution does not always mean smooth operational continuity. Even though s 17 and s 45 provide for substitution of the Authority as party to contracts and instruments, the Authority may need to operationally perform, renegotiate or secure consents to maintain continuity in practice. Section 48 attempts to blunt claims that such substitution is a breach, but practical disruptions (banking approvals, insurer consents, agreements with third parties) can arise.

11. The Company’s statutory charge affects growers’ proceeds (s 69/new s 34D). When the Company pays contributions on behalf of a person, the payment is a debt and a first charge in priority to all claims on the moneys payable to that person in respect of grain and seed (subject to other statutory charges). Growers delivering grain need to be aware of this statutory priority.

12. Potential for overlapping or inconsistent transitional instruments. Because the Act allows regulations to operate “despite another written law” (s 4(5)(a)), there is scope for overlapping instruments to produce legal friction until consolidated. Practitioners must check both the Repeal Act regulations and BAM Act regulations to ensure no conflict.

These “gotchas” arise from the Act’s design as a legal conversion instrument that relies heavily on administrative action (certificates, proclamations, regulations) to complete the transition. Parties should actively monitor the Governor’s proclamations, the Minister’s certificates and the WA Government Gazette for regulations made under s 4 and s 5 to manage these risks.

Compliance under the Repeal Act is largely about administrative tracking, updating documents and registrations, and preparing for reallocation of funds and regulatory responsibilities into the BAM Act architecture. Because the substantive regulatory duties will generally be set out in the BAM Act and in other amended Acts, compliance steps here focus on transitional obligations and on preventing loss of rights.

1. Check commencement status and ministerial certificates before relying on repeal effects. The Repeal Act has staggered commencement dates and specific hold points: sections 53 and 68 cannot come into force until the Minister certifies that prescribed BAM Act accounts are established and adequate provision made (s 2(4)-(5)). Before altering practices or cancelling insurance/compensation arrangements related to the cattle or grain/seed sectors, confirm whether the Minister’s certificates have been delivered to the Governor and whether the relevant sections have been proclaimed. Refer to the compilation table and Gazette notices (the Act cross‑references the Gazette in the compilation table).

2. For organisations that were parties to agreements with a repealed statutory body, treat the Authority as the substituted party but verify operational details. Sections 17 and 45 provide that agreements to which a former holder or APB were parties have effect as if the Authority were substituted as party. Practically, notify contract counterparties, update payment details, and confirm with the Authority any administrative arrangements (banking signatories, direct debit mandates, insurance endorsements). The Act protects against treating substitution as a breach (s 48), but administrative practicalities require active management.

3. Re‑register identifiers where relevant. Owners of brands or earmarks carried over under s 81 should note the five‑year expiry rule (s 81(5)). Prepare to re‑register under the BAM Act to preserve identifier rights. Identify expiry dates and act early to avoid lapses.

4. Track funds and contributions. Where a party had monies standing to credit of a former account, check which BAM Act account has received the funds (e.g. Modified Penalties Revenue Account, cattle industry account, grain and seed crops account , see ss 25, 58, 72). For growers delivering grain, understand the Company’s statutory charge (new s 34D inserted by s 69) and how contributions paid by the Company will be recovered as a debt and a first charge. Update accounting and cashflow assumptions accordingly.

5. If in dispute about certificates, gather contemporaneous documentary evidence. The Act gives the Minister and the Authority conclusive certificate powers on certain matters (ss 16(3), 43(3)). Where a party expects a dispute on provenance of IP or whether an asset was purchased from a former account, collecting purchase invoices, bank records and transfer documents will be necessary to rebut a certificate.

6. Monitor regulatory conversion notices and transitional regulations. Regulations under s 4(5)(b) can convert existing orders or authorisations into BAM Act instruments. Check the Gazette for any conversion regulations and their scope. Do not assume an older notice has lapsed without checking whether it has been converted or declared to continue.

7. For Crown land users with stock, adapt practices and secure evidence of ownership and presence. If stock are habitually on Crown land, owners should be aware that, under s 28A (inserted into the Exotic Diseases Act by s 88), a proclamation may vest stock on Crown land in the Crown in a declared area and permit disposal without compensation. Keep documentary records proving private stock movement patterns and consider alternatives to leaving stock on Crown land in areas where proclamations are likely.

8. Protect pending compensation claims and manage timelines. If a compensation claim under a repealed Act has been lodged but not finalised, note that ss 57 and 71 require such claims to be dealt with under the repealed Act. Keep filing and procedural deadlines observed, and request confirmation of the processing authority from the Authority to avoid administrative misdirection.

9. Update firearms and operational licences consistent with new inspector definitions. The Firearms Act amendment at s 30A links the authorised use of a silencer to shooting birds declared pests under the BAM Act and redefines agriculture inspector to be an inspector appointed under BAM Act s 162. Organisations that operate under corporate licences must update corporate licence conditions and training and ensure that any silencer use complies with the revised statutory restriction.

10. Seek written confirmations for transferred assets sourced from legacy funds. Section 43 requires proceeds of sale of assets purchased from particular former funds to be credited to specified BAM Act accounts. Where an asset being sold may have been purchased from a former account, obtain a written certification from the Authority (which the Authority may issue and which is conclusive unless the contrary is shown) to determine the correct destination of sale proceeds.

11. Check interaction with other statutory changes on Fair Trading, Land Admin and Poisons Act. The Repeal Act amends schedules and references in statutes such as the Fair Trading Act 2010 (s 86), Land Administration Act 1997 (s 90), and Poisons Act 1964 (s 93). Ensure that licensing, supply chain, labelling and land obligations are updated to reflect “declared pest” terminology and revised statutory references.

12. Watch for retrospective transitional regulations but rely on statutory protections. Section 5(3) allows regulations to have effect from a day earlier than the Gazette publication but not earlier than the BAM Act commencement. Section 5(5) protects private persons from prejudicial retrospective effects. Nevertheless, monitor for retrospective regulations and, if affected, seek legal advice early as remedies may be limited and time‑sensitive.

13. Keep records and data continuity in mind. Sections 14(d) and 42(d) provide that all records and data of the predecessor bodies pass to the Authority. If your organisation relies on records (for compensation claims, licences, or historical compliance), request certified copies or confirmations that relevant records have been preserved and identify the appropriate contact within the Authority.

14. Where necessary, seek administrative clarification and, if needed, judicial review. If the exercise of ministerial certification, proclamation, or conversion regulations materially affects rights and the administrative record does not show lawful exercise, consider merits review or judicial review options, noting that the Act centralises significant transitional discretion in the executive.

In practical terms, compliance under the Repeal Act is less about policeable offence prevention and more about administrative diligence: checking dates and proclamations, mapping funds and registration statuses, updating contracts and operational practices, and preserving evidence to rebut certificates where necessary. The BAM Act and the array of amended statutes will be the substantive compliance touchpoints; use the Repeal Act as a legal checklist for transitional matters and document migrations.