Chemistry Centre (WA) Act 2007

The Chemistry Centre (WA) Act 2007 creates a statutory, corporate agency of the Crown called the Chemistry Centre (WA) (the Chemistry Centre), establishes its governance, sets out its functions and powers, prescribes accountability and financial arrangements, and provides confidentiality and transitional rules for transferring operations previously carried out within a Department (see ss 4, 5, 9, Parts 5 and Schedule 2). The Centre is a body corporate with perpetual succession and may sue and be sued in its name (s 4(2)-(3)). The Act gives the Centre the status, immunities and privileges of the Crown (s 5).

Mechanically, the Act:

Constitutes a board of management appointed by the Minister to be the governing body (s 6(1)-(3); Schedule 1 sets term, meeting, quorum and conflict rules).
Requires a chief executive officer to be appointed under the Public Sector Management Act 1994 to administer day‑to‑day operations subject to board control (s 16(1)-(2)).
Prescribes core functions: provide chemical information, advice and analytical services to government agencies, undertake R&D, promote chemistry education and training, and earn revenue from commercial activities consistent with other functions (s 9).
Grants broad operational and commercial powers, including acquisition and disposal of property, entering contracts, participating in business concerns with Treasurer and Minister approval, intellectual property management and publication (s 11).
Imposes pre‑approval and exemption regimes for higher‑value transactions (ss 12-13), borrowing and guarantees regimes requiring Treasurer and Minister involvement (ss 28-30), and establishes an agency special purpose account for funds (s 27).
Applies Financial Management Act 2006 and Auditor General Act 2006 provisions to the Centre (s 32), and prescribes accountability duties to the Minister including strategic planning, reporting, and statutory directions that must be laid before Parliament (ss 19-24, 22(2)).

CrestWestern Australia

Western Australia

Chemistry Centre (WA) Act 2007

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Terms used in this Act 2

Part 2 — Chemistry Centre (WA)

Chemistry Centre established 5
Status 5
Board of management 5
Constitution and proceedings of board 5
Remuneration of members of the board 6

Part 3 — Functions and powers of the Chemistry Centre

Functions 7
Principles of operation 7
Powers 8
Transactions that require Ministerial approval 10
Exemptions from section 12 11
Delegation by the Chemistry Centre 11
Use of trading names for Chemistry Centre and its operations 12

Part 4 — Staff

Chief executive officer 13
Other staff and contractors 13
Use of other government staff and facilities 14

Part 5 — Accountability and financial provisions

Division 1 — Accountability

Duty to observe policy instruments 15
Strategic development plan and statement of corporate intent 15
Minister to be kept informed 16
Minister may give directions 16
Minister to have access to information 17
Information not available to the Minister 18
Protection for disclosure or compliance with directions 18

Division 2 — Financial provisions

Chemistry Centre’s funds 18
Chemistry Centre (WA) Account 19
Borrowing 19
Guarantees 20
Charges for guarantee 20
Liability for duties, taxes and other statutory imposts 20

Division 3 — Financial Management Act 2006 and Auditor General Act 2006

Application of Financial Management Act 2006 and Auditor General Act 2006 22

Part 6 — General provisions

Confidentiality 23
Confidentiality — contractors 24
Confidentiality — reports and other documents 25
Laying documents before Parliament 26
Execution of documents by Chemistry Centre 26
Contract formalities 27
Protection from liability 28
Regulations 28
Review of Act 28
Transitional and savings provisions 29
Amendments to other Acts 29

Schedule 1 — Constitution and proceedings of the board

Division 1 — General provisions

Term of office 30
Resignation, removal, etc. 30
Leave of absence 30
Chairperson unable to act 30
Board member unable to act 31
Saving 31
Calling of meetings 31
Presiding officer 31
Quorum 31
Voting 32
Minutes 32
Resolution without meeting 32
Holding meetings remotely 32
Committees 32
Board to determine own procedures 32

Division 2 — Disclosure of interests etc.

Disclosure of interests 33
Voting by interested members 33
Clause 17 may be declared inapplicable 33
Quorum where clause 17 applies 34
Minister may declare clauses 17 and 19 inapplicable 34

Schedule 2 — Transitional provisions

Division 1 — Interpretation

Terms used in this Schedule 35

Division 2 — Transfer of assets, liabilities, proceedings etc.

Minister may make transfer orders 35
Consequences of transfer order 37
Department to complete necessary transactions 37
Registration of documents 38
Exemption from State taxes 38
Rectifying error in transfer order 39

Division 3 — Continuing effect of things done

Terms used in this Division 40
Completion of things commenced 40
Continuing effect of references and things done generally 40

Division 4 — Miscellaneous transitional provisions

Relevant amount for the purposes of section 12 41
Further transitional provision may be made 41
Saving 41

Schedule 3 — Amendment of other written laws

Constitution Acts Amendment Act 1899 amended 43
Financial Management Act 2006 amended 43
Public Sector Management Act 1994 amended 43
Statutory Corporations (Liability of Directors) Act 1996 amended 44
Various references to Director of the Chemistry Centre changed to chief executive officer of the Chemistry Centre 44
State Superannuation Regulations 2001 amended 45

Notes

Compilation table 46

Defined terms

Western Australia

Chemistry Centre (WA) Act 2007

An Act to —

establish an agency of the Crown with the function of providing chemical information, advice and analytical services to the State and other persons and with related functions;
make consequential amendments to certain Acts,

and for related purposes.

The Parliament of Western Australia enacts as follows:

Part 1 — Preliminary

1. Short title

This is the Chemistry Centre (WA) Act 2007.

2. Commencement

(1) This Act, other than Part 1 and Schedule 2, comes into operation on a day fixed by proclamation.

(2) Different days may be fixed under subsection (1) for different provisions.

(3) Part 1 and Schedule 2 come into operation on the day on which this Act receives the Royal Assent.

3. Terms used in this Act

(1) In this Act, unless the contrary intention appears —

account means the account referred to in section 27;

board means the board of management provided for under section 6 and, in Schedule 1 Division 2, includes a committee;

chairperson means the chairperson of the board;

Chemistry Centre means the Chemistry Centre (WA) established by section 4;

chief executive officer means the chief executive officer referred to in section 16;

client related information means, in relation to services provided by the Chemistry Centre —

(a) information obtained from or for a private client as part of providing those services to the client; or

(b) the fact that a private client has sought those services;

committee means a committee appointed under Schedule 1 clause 14;

government agency means —

(a) a department of the Public Service;

(b) a State agency or instrumentality; or

(c) a body (whether incorporated or not) or the holder of an office, post or position, established or continued by or under a written law for a public purpose;

member of staff means the chief executive officer or a person referred to in section 17(1) or (2);

member of the board includes a person appointed under Schedule 1 clause 5 and, in Schedule 1 Division 2, includes a member of a committee;

personal information means information or an opinion, whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information, but does not include information or an opinion about a member of the board, a member of a committee, a member of staff or any other person engaged under section 17 or made available under section 17(6) or 18, in that capacity;

private client means a person or organisation, other than a government agency —

(a) for whom the Chemistry Centre has provided, or is providing, services; or

(b) who has sought the services of the Chemistry Centre;

subsidiary means —

(a) a body determined to be a subsidiary of the Chemistry Centre under subsection (2); or

(b) a unit trust, joint venture or partnership where the interest or other rights of the Chemistry Centre in connection with the unit trust, joint venture or partnership entitle the Chemistry Centre to —

(i) control the composition of the governing body of the unit trust, joint venture or partnership;

(ii) cast, or control the casting of, more than one‑half of the maximum number of votes that might be cast at a general meeting of the unit trust, joint venture or partnership; or

(iii) control the business affairs of the unit trust, joint venture or partnership.

(2) The Commonwealth Corporations Act 2001 Part 1.2 Division 6 applies for the purpose of determining whether a body is a subsidiary of the Chemistry Centre.

Part 2 — Chemistry Centre (WA)

4. Chemistry Centre established

(1) A body called the Chemistry Centre (WA) is established.

(2) The Chemistry Centre is a body corporate with perpetual succession.

(3) Proceedings may be taken by or against the Chemistry Centre in its corporate name.

5. Status

The Chemistry Centre is an agent of the Crown and enjoys the status, immunities and privileges of the Crown.

6. Board of management

(1) The Chemistry Centre is to have a board of management comprising —

(a) one member appointed as the chairperson;

(b) one member appointed as the deputy chairperson; and

(2) The board is the governing body of the Chemistry Centre and, in the name of the Chemistry Centre, is to perform the functions of the Chemistry Centre.

(3) The members of the board are to be appointed by the Minister.

(4) The Minister is to ensure that each person appointed to the board has expertise that, in the Minister’s opinion, is relevant to the functions of the Chemistry Centre.

7. Constitution and proceedings of board

Schedule 1 has effect with respect to the board and its members and a committee and its members.

8. Remuneration of members of the board

(1) A member of the board is to be paid such remuneration and travelling and other allowances as are determined in his or her case by the Minister on the recommendation of the Public Sector Commissioner.

(2) A member of a committee who is not a member of the board is to be paid such remuneration and travelling and other allowances as are determined in his or her case by the Minister on the recommendation of the Public Sector Commissioner.

[Section 8 amended: No. 39 of 2010 s. 89.]

Part 3 — Functions and powers of the Chemistry Centre

9. Functions

The functions of the Chemistry Centre are —

(a) to provide chemical information, advice and analytical services to government agencies, particularly, but not exclusively, in the areas of —

(i) forensic science and medicine;

(ii) public health and safety;

(iii) environmental protection; and

(iv) crisis and emergency response and management;

(b) to undertake research and development that will, or is likely to, assist —

(i) in the development of the State; and

(ii) in the performance of its other functions;

(c) to promote, and assist in the provision of, chemistry based education and training and fundamental and applied research and development;

(d) to earn revenue by engaging in commercial activities that are not inconsistent with, and do not have an adverse effect on, the performance of its other functions and are —

(i) connected with the performance of the Chemistry Centre’s other functions; or

(ii) authorised by the regulations.

10. Principles of operation

(1) The Chemistry Centre is to perform its functions and manage its affairs in accordance with the following principles —

(a) it is to provide high quality, independent chemical information, advice and analytical services;

(b) it is to provide that information and advice and those services in a timely manner;

(c) it is to maintain its capacity to adhere to the principles in paragraphs (a) and (b), particularly, but not exclusively, by ensuring that —

(i) persons with the skills and experience necessary to do so are members of staff, or otherwise employed by or made available to it; and

(ii) it has, or has available to it, the materials, equipment and infrastructure necessary to perform its functions;

(d) it is to perform its functions in a cost effective manner (to the extent practicable).

(2) When engaging, or proposing to engage, in a commercial activity, the Chemistry Centre is to ensure that —

(a) the activity is consistent with its strategic development plan and statement of corporate intent; and

(b) the activity is likely to be of benefit to the community of Western Australia.

(3) The Chemistry Centre may perform any of its functions in the State or elsewhere.

11. Powers

(1) The Chemistry Centre has all the powers it needs to perform its functions.

(2) The Chemistry Centre may, for the purpose of performing any of its functions, but subject to any limitation imposed by this Act —

(a) acquire, construct, add to, alter, improve, hold, maintain, manage, develop or dispose of, real or personal property;

(b) enter into a contract or other arrangement, including a contract or arrangement for the provision of services to the Chemistry Centre;

(c) act as an agent or provide consultancy, professional or technical services or other assistance under a contract for services or other arrangement;

(d) with the Minister’s and the Treasurer’s approval, participate in any business concern or acquire, hold and dispose of, shares, units or other interests in or relating to a business concern;

(e) collaborate with any person or body in the performance of its functions;

(f) carry out any investigation, survey, exploration, feasibility study, evaluation or review;

(g) produce and publish information on matters relating to its functions, including results for research and development undertaken by the Chemistry Centre, alone or collaboratively;

(h) produce and deal in any equipment, facilities or system associated with the performance of its functions;

(i) develop and turn to account any technology, software or other intellectual property that relates to its functions and, for that purpose, apply for, hold, exploit and dispose of any patent, patent rights, copyright or similar rights; and

(j) promote and market the Chemistry Centre and its activities.

(3) Subsection (2) does not limit subsection (1) or any of the Chemistry Centre’s other powers.

(4) The Chemistry Centre may —

(a) make any gift for a charitable purpose or any other purpose of benefit to the community or a section of the community;

(b) make any ex gratia payment that it considers to be in the Chemistry Centre’s interest; or

(5) In this section —

acquire includes acquiring —

(a) by way of a lease, licence, easement or bailment; or

(b) in any other manner in which an interest in property may be acquired;

business concern means a company, a partnership, a trust, a joint venture or any other business arrangement;

dispose of includes dispose of —

(a) by way of a lease, licence, easement or bailment; or

(b) in any other manner in which an interest in property may be disposed of;

participate in a business concern includes form, promote, establish, enter into, manage, dissolve, wind up, and do things incidental to participating in, a business concern.

12. Transactions that require Ministerial approval

(1) Despite sections 9, 10 and 11, the Chemistry Centre must get the Minister’s approval before a transaction to which this section applies is entered into.

(2) This section applies to a transaction if —

(a) it is to be entered into by the Chemistry Centre or a subsidiary of the Chemistry Centre;

(b) it is not exempt under section 13; and

(3) For the purposes of subsection (2)(c) —

(a) the Chemistry Centre’s liability is the amount or value of the consideration or the amount to be paid by the Chemistry Centre or a subsidiary, worked out as at the time when the transaction is entered into; and

(b) the relevant amount is the larger of —

(i) an amount equal to 5% of the value of the total reported assets of the Chemistry Centre as set out in the most recent annual report of the Chemistry Centre under the Financial Management Act 2006 Part 5; or

(ii) $1 000 000.

(4) In this section and section 13 —

transaction includes a contract or other arrangement but does not include —

(a) an exercise of the power under section 11(2)(d); or

(b) a transaction under section 28.

13. Exemptions from section 12

(1) The Minister, with the Treasurer’s concurrence, may by order exempt a transaction or class of transaction from the operation of section 12 either unconditionally or on specified conditions.

(2) An order under subsection (1) may be revoked or amended by the Minister with the Treasurer’s concurrence.

(3) The Minister must, within 14 days after an order under subsection (1) or (2) is made, cause a copy of it to be laid before each House of Parliament or be dealt with in accordance with section 36.

14. Delegation by the Chemistry Centre

(1) The Chemistry Centre may delegate to a person any power or duty of the Chemistry Centre under another provision of this Act.

(2) The delegation must be in writing executed by the Chemistry Centre.

(3) If a person is not a member of the board or a member of the staff of the Chemistry Centre, a power or duty can only be delegated to the person under this section if the person has been approved for the purposes of this section by the Minister.

(4) An approval under subsection (3) may be given in respect of —

(a) a specified person or persons of a specified class; or

(b) the holder or holders for the time being of a specified office or class of office.

(5) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.

(6) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.

(7) Nothing in this section limits the ability of the Chemistry Centre to perform a function through an officer or agent.

(8) This section does not apply to the execution of documents but authority to execute documents on behalf of the Chemistry Centre can be given under section 37.

15. Use of trading names for Chemistry Centre and its operations

The Chemistry Centre may use and operate under one or more trading names approved by the Minister, being —

(a) an abbreviation or adaptation of its corporate name; or

(b) a name other than its corporate name.

Part 4 — Staff

16. Chief executive officer

(1) A chief executive officer of the Chemistry Centre is to be appointed under the Public Sector Management Act 1994 Part 3.

(2) Subject to the control of the board, the chief executive officer is to administer the day to day operations of the Chemistry Centre.

17. Other staff and contractors

(1) Public service officers may be appointed or made available under the Public Sector Management Act 1994 Part 3 to enable the Chemistry Centre to perform its functions.

(2) The Chemistry Centre may engage persons as staff otherwise than under the Public Sector Management Act 1994 Part 3.

(3) The remuneration of and other terms and conditions of employment of persons referred to in subsection (2) are not to be less favourable than is provided for in —

(a) an applicable industrial award, order or agreement under the Industrial Relations Act 1979; or

(b) the Minimum Conditions of Employment Act 1993.

(4) Nothing in subsection (3) affects the operation of the Industrial Relations Act 1979 Part VID.

(5) Subsections (1) and (2) do not affect the power of the Chemistry Centre to engage a person under a contract for services or appoint a person on a casual employment basis under the Public Sector Management Act 1994 section 100.

(6) The Chemistry Centre may, by arrangement on such terms as are agreed with the relevant parties, make use of the services of a person employed by another person.

18. Use of other government staff and facilities

(1) The Chemistry Centre may by arrangement with the relevant employing authority make use, either full‑time or part‑time, of the services of any officer or employee —

(a) in the Public Service;

(b) in a State agency or instrumentality; or

(2) The Chemistry Centre may by arrangement with —

(a) a department of the Public Service; or

(b) a State agency or instrumentality,

make use of any facilities of the department, agency or instrumentality.

(3) An arrangement under subsection (1) or (2) is to be made on such terms as are agreed to by the parties.

(4) In this section, employing authority, Public Service and other expressions used in the Public Sector Management Act 1994 each have the meaning given to them in that Act.

Part 5 — Accountability and financial provisions

Division 1 — Accountability

19. Duty to observe policy instruments

The Chemistry Centre is to perform its functions in accordance with its strategic development plan and its statement of corporate intent as existing from time to time.

20. Strategic development plan and statement of corporate intent

(1) The Board must, at the prescribed times, prepare and submit to the Minister —

(a) a strategic development plan for the Chemistry Centre; and

(b) a statement of corporate intent for the Chemistry Centre.

(2) The regulations may make provision for the following —

(a) the manner and form in which the Board is to prepare, submit, revise or modify a strategic development plan or statement of corporate intent;

(b) the period a strategic development plan or statement of corporate intent is to cover;

(d) the functions of the Board, the Minister and the Treasurer in relation to the development, approval or modification of a strategic development plan or statement of corporate intent;

(e) the operation of a strategic development plan or statement of corporate intent.

(3) If a regulation referred to in subsection (2) enables the Minister to give directions to the Board, the Minister must cause a copy of a direction given under the regulation to be laid before each House of Parliament or be dealt with in accordance with section 36 —

(a) within 14 days after a direction is given; or

(b) if the direction is the subject of a notice under the Statutory Corporations (Liability of Directors) Act 1996 section 17, within 14 days after it is confirmed under that section.

(4) Regulations referred to in subsection (2) are not to be made except with the Treasurer’s concurrence.

21. Minister to be kept informed

(1) The Chemistry Centre must —

(a) keep the Minister reasonably informed of the operations, financial performance, and financial position of the Chemistry Centre and prospects of the Chemistry Centre;

(b) give the Minister reports and information that the Minister requires for the making of informed assessments of matters referred to in paragraph (a); and

(c) if matters arise that in the Chemistry Centre’s opinion may prevent, or significantly affect, achievement of the Chemistry Centre’s objectives and targets outlined in its strategic development plan and statement of corporate intent — promptly inform the Minister of the matters and its opinion in relation to them.

(2) This section is subject to section 24.

22. Minister may give directions

(1) The Minister may give written directions to the Chemistry Centre with respect to the performance of its functions generally, and the Chemistry Centre must give effect to any such direction.

(2) The Minister must cause a copy of a direction under subsection (1) to be laid before each House of Parliament, or dealt with under section 36, within 14 days after the day on which the direction is given.

(3) The text of a direction under subsection (1) is to be included in the annual report submitted by the accountable authority of the Chemistry Centre under the Financial Management Act 2006 Part 5.

23. Minister to have access to information

(1) The Minister is entitled —

(a) to have information in the possession of the Chemistry Centre; and

(b) if the information is in or on a document, to have, and make and retain copies of, that document.

(2) For the purposes of subsection (1) the Minister may —

(a) request the Chemistry Centre to give information to the Minister;

(b) request the Chemistry Centre to give the Minister access to information; and

(3) The Chemistry Centre must comply with a request under subsection (2).

(4) This section is subject to section 24.

(5) In this section —

document includes any tape, disk or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise;

information means information specified, or of a description specified, by the Minister that relates to the functions of the Chemistry Centre.

24. Information not available to the Minister

(1) Nothing in this Act entitles the Minister to have client related information or personal information in the possession of the Chemistry Centre obtained in the course of the Chemistry Centre performing its functions.

(2) This section does not apply to, or in relation to, client related information or personal information to the extent to which —

(a) the information is already in the public domain;

(b) the information is summary or statistical information that could not reasonably be expected to enable particulars relating to any person or organisation to be ascertained;

(d) disclosure of the information to the Minister is authorised by each person or organisation to whom it relates.

25. Protection for disclosure or compliance with directions

The Chemistry Centre or a person performing functions under this Act is not liable —

(a) in respect of any claim arising as a consequence of the disclosure of information or documents under this Act; or

(b) for the fact of having done or omitted a thing that is required to be done or omitted by a direction given under this Act.

Division 2 — Financial provisions

26. Chemistry Centre’s funds

The funds available for enabling the Chemistry Centre to perform its functions consist of —

(a) money received by the Chemistry Centre in the performance of its functions;

(b) money from time to time appropriated by Parliament;

(d) other money lawfully received by, made available to, or payable to, the Chemistry Centre under this or any other Act.

27. Chemistry Centre (WA) Account

(1) Money received by the Chemistry Centre is to be credited to, and money paid by the Chemistry Centre is to be debited to, an account called the “Chemistry Centre (WA) Account”, which is to be established —

(a) as an agency special purpose account under the Financial Management Act 2006 section 16; or

(b) with the approval of the Treasurer, at a bank as defined in section 3 of that Act.

(2) The Minister may —

(a) with the concurrence of the Treasurer, fix an amount that the Chemistry Centre is required to pay to the Treasurer by way of financial return to the State; and

(b) under section 22, direct the Chemistry Centre to make the payment.

(3) The amount fixed under subsection (2) is limited to the amount of the Chemistry Centre’s profits.

28. Borrowing

(1) The Chemistry Centre may, with the prior approval of the Minister and the Treasurer and on the terms and conditions determined by the Treasurer —

(a) borrow or re‑borrow money;

(b) obtain credit; or

(2) The total amount of money borrowed in any one financial year is not to exceed the amount determined by the Treasurer.

(3) The Chemistry Centre is to keep any register that the regulations require for the purposes of this section.

29. Guarantees

(1) The Treasurer, on the Minister’s recommendation, may, in the name and on behalf of the State, guarantee the performance by the Chemistry Centre, in the State or elsewhere, of any financial obligation of the Chemistry Centre.

(2) A guarantee is to be in the form, and subject to the terms and conditions, determined by the Treasurer.

(3) The due payment of money payable by the Treasurer under a guarantee is to be charged to the Consolidated Account, which this subsection appropriates accordingly.

(4) The Treasurer is to cause any amounts received or recovered, from the Chemistry Centre or otherwise, in respect of any payment made by the Treasurer under a guarantee to be credited to the Consolidated Account.

30. Charges for guarantee

(1) The Treasurer may, after consultation with the Chemistry Centre, fix charges to be paid by the Chemistry Centre to the Treasurer for the benefit of the Consolidated Account in respect of a guarantee given under section 29.

(2) Payments by the Chemistry Centre to the Treasurer in respect of those charges are required to be made at times, and in instalments, as determined by the Treasurer.

31. Liability for duties, taxes and other statutory imposts

(1) Despite any other written law but except as stated in subsection (2) —

(a) the Chemistry Centre; and

(b) deeds or other instruments to which it is a party,

are liable to and chargeable with duties, taxes or other imposts under any written law.

(2) Despite subsection (1) but subject to subsection (3), the Chemistry Centre is not liable to pay any local government rate or charge.

(3) Subsection (2) does not apply to the liability to pay any rate or charge in respect of land held under a lease or tenancy agreement from the Chemistry Centre.

(4) The Chemistry Centre is to pay to the Treasurer in respect of each financial year an amount equivalent to the sum of all local government rates and charges that, but for subsection (2) and the Local Government Act 1995 section 6.26(2)(a)(i), the Chemistry Centre would have been liable to pay in respect of that financial year.

(5) Subsection (4) does not apply in relation to rates and charges in respect of land referred to in subsection (3).

(6) An amount payable under subsection (4) —

(a) is to be determined in accordance with such principles as the Treasurer may direct; and

(b) is to be paid at such time or times as the Treasurer may direct.

(7) The first payment under subsection (4) is to be in respect of the next full financial year after the commencement of this Act.

Division 3 — Financial Management Act 2006 and Auditor General Act 2006

32. Application of Financial Management Act 2006 and Auditor General Act 2006

The 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 Chemistry Centre and its operations.

Part 6 — General provisions

33. Confidentiality

(1) This section applies to a person who is or has been a member of the board, a member of a committee, a member of staff or any other person engaged or appointed under section 17 or made available under section 17(6) or 18.

(2) A person to whom this section applies must not, directly or indirectly, record, disclose or make use of any information obtained in the course of duty except —

(a) for the purpose of performing functions under this Act or another written law;

(b) as required under another written law;

(d) in other prescribed circumstances.

Penalty: a fine of $10 000 or imprisonment for 12 months.

(3) For the purposes of subsection (2)(a), it is not a function of a person to whom this section applies to, directly or indirectly, record, disclose or make use of any client related information or personal information unless it is necessary to do so —

(a) as part of providing a service to the client to whom the information relates;

(b) for the internal management and control of the Chemistry Centre; or

(4) Subsection (3) does not limit the functions of a person to whom this section applies to the extent to which —

(a) the information is already in the public domain;

(b) the information is summary or statistical information that could not reasonably be expected to enable particulars relating to any person to be ascertained; or

(c) recording, disclosing or making use of the information is authorised by each person or organisation to whom it relates.

(5) Despite the rest of the provisions of this Act, the board may disclose information to the Minister if the board considers that, because of the exceptional nature of the case, it is in the public interest to do so.

34. Confidentiality — contractors

(1) This section applies in respect of a contract with the Chemistry Centre for the provision of services to the Chemistry Centre and applies to —

(a) a person with whom the Chemistry Centre has the contract;

(b) a director or employee of a person referred to in paragraph (a); and

(2) A person to whom this section applies must not, directly or indirectly, record, disclose or make use of any information obtained in the course of performing functions under or in fulfilment of the contract except —

(a) for the purpose of performing functions under or in fulfilment of the contract;

(b) as required under another written law;

(d) in other prescribed circumstances.

Penalty: a fine of $10 000 or imprisonment for 12 months.

(3) In this section —

director has the meaning given to that term in the Commonwealth Corporations Act 2001 section 9.

35. Confidentiality — reports and other documents

(1) A report that must be prepared under the Financial Management Act 2006 Part 5 (and any accompanying document) and any other report or document of the Chemistry Centre that is to be, or might be, made public, must not include client related information or personal information unless each person or organisation to whom the information relates has given consent to including the information.

(2) The Chemistry Centre may request the Minister to delete from —

(a) a copy of a report under the Financial Management Act 2006 Part 5 (and any accompanying document) that is to be laid before a House of Parliament or made public; or

(b) any other document of the Chemistry Centre that is to be, or might be, made public,

information that is of a commercially sensitive nature (but which is not client related information or personal information), and the Minister may, despite the Financial Management Act 2006 section 64 or an obligation, however arising, to make the document public, comply with the request except where the document is to be laid before either House of Parliament by its own order.

(3) Subsections (1) and (2) do not apply to the extent to which —

(a) the information is already in the public domain;

(b) the information is summary or statistical information that could not reasonably be expected to enable particulars relating to any person to be ascertained; or

(4) Subsection (2) does not apply to the extent to which disclosure of the information to the Minister is required by another written law.

(5) A copy of a document from which any matter has been deleted must —

(a) contain a statement, at the place in the document where the matter was deleted, detailing the reasons for the deletion; and

(b) if the deletion occurred under subsection (2) — be accompanied by an opinion from the Auditor General stating that the information deleted is commercially sensitive.

36. Laying documents before Parliament

(1) If a provision of this Act requires the Minister to cause a document to be laid before each House of Parliament, or be dealt with under this section, within a period and —

(a) at the commencement of the period, a House of Parliament is not sitting; and

(b) the Minister is of the opinion that the House will not sit during that period,

the Minister must transmit a copy of the document to the Clerk of that House.

(2) A copy of a document transmitted to the Clerk of a House is to be regarded as having been laid before that House.

(3) The laying of a copy of a document that is regarded as having occurred under subsection (2) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy.

37. Execution of documents by Chemistry Centre

(1) The Chemistry Centre is to have a common seal.

(2) A document is duly executed by the Chemistry Centre if —

(a) the common seal of the Chemistry Centre is affixed to it in accordance with subsections (3) and (4); or

(b) it is signed on behalf of the Chemistry Centre by a person or persons authorised to do so under subsection (5).

(3) The common seal of the Chemistry Centre is not to be affixed to any document except as authorised by the board.

(4) The common seal of the Chemistry Centre is to be affixed to a document in the presence of 2 members of the board, who are to sign the document to attest that the common seal was so affixed.

(5) The Chemistry Centre may, by writing under its common seal, authorise a member or members of the board or a member or members of staff to sign documents on behalf of the Chemistry Centre, either generally or subject to the conditions or restrictions specified in the authorisation.

(6) A document purporting to be executed in accordance with this section is to be presumed to be duly executed unless the contrary is shown.

(7) When a document is produced bearing a seal purporting to be the common seal of the Chemistry Centre, it is to be presumed that the seal is the common seal of the Chemistry Centre unless the contrary is shown.

38. Contract formalities

(1) In so far as the formalities of making, varying or discharging a contract are concerned, a person acting as authorised by the Chemistry Centre may make, vary or discharge a contract in the name of or on behalf of the Chemistry Centre in the same manner as if that contract were made, varied or discharged by a natural person.

(2) The making, variation, or discharge of a contract in accordance with subsection (1) is effectual in law and binds the Chemistry Centre and other parties to the contract.

(3) Subsection (1) does not prevent the Chemistry Centre from making, varying or discharging a contract under its common seal.

39. Protection from liability

(1) An action in tort does not lie against a person other than the Chemistry Centre for anything that the person has done, in good faith, in the performance or purported performance of a function under this or any other Act.

(2) The protection given by subsection (1) applies even though the thing done as described in that subsection may have been capable of being done whether or not this Act had been enacted.

(3) Despite subsection (1), neither the Chemistry Centre nor the Crown is relieved of any liability that it might have for another person having done anything as described in that subsection.

(4) In this section, a reference to the doing of anything includes a reference to an omission to do anything.

40. Regulations

The 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.

41. Review of Act

(1) The Minister is to carry out a review of the operation and effectiveness of this Act as soon as is practicable after —

(a) the fifth anniversary of its commencement; and

(b) the expiry of each 5 yearly interval after that anniversary.

(2) The Minister is to prepare a report based on the review and, as soon as is practicable after the report is prepared (and in any event not more than 12 months after the relevant anniversary), cause it to be laid before each House of Parliament.

42. Transitional and savings provisions

Schedule 2 has effect.

43. Amendments to other Acts

Schedule 3 has effect.

Schedule 1 — Constitution and proceedings of the board

[s. 7]

Division 1 — General provisions

Term of office

A member of the board holds office for such term, not exceeding 3 years, as is specified in the instrument of his or her appointment, but may from time to time be re‑appointed.

Resignation, removal, etc.

(1) The office of a member of the board becomes vacant if he or she —

(a) resigns the office by written notice addressed to the Minister;

(b) is an insolvent under administration as defined in the Corporations Act 2001 of the Commonwealth; or

(2) The Minister may remove a member of the board from office if the Minister is satisfied that the member —

(a) has neglected his or her duty;

(b) has misbehaved;

(d) is suffering from mental or physical incapacity impairing the performance of his or her functions; or

(e) has been absent, without leave and reasonable excuse, from 3 consecutive meetings of the board of which the member has had notice.

Leave of absence

The board may grant leave of absence to a member on such terms and conditions as it thinks fit.

Chairperson unable to act

If the chairperson is unable to act by reason of sickness, absence or other cause, or during any vacancy in that office, the deputy chairperson is to perform the functions of the chairperson.

Board member unable to act

(1) If a member of the board, other than the chairperson, is unable to act by reason of sickness, absence or other cause, the Minister may appoint another person to act temporarily in his or her place and, while acting in accordance with the appointment, that other person is to be taken to be a member of the board.

(2) If the member of the board who is deputy chairperson is performing the functions of the chairperson, the Minister may, under subclause (1), appoint another person to act in his or her place as a member.

(3) The appointment of a person under subclause (1) may be terminated at any time by the Minister.

Saving

No act or omission of a person acting in place of another under clause 4 or 5 is to be questioned on the ground that the occasion for his or her appointment or acting had not arisen or had ceased.

Calling of meetings

(1) Subject to subclause (2), meetings are to be held at the times and places that the board determines.

(2) A special meeting of the board may at any time be convened by the chairperson.

(3) The first meeting of the board is to be convened by the chairperson.

Presiding officer

(1) The chairperson is to preside at all meetings of the board at which he or she is present.

(2) If both the chairperson and the deputy chairperson are absent from a meeting the members present are to appoint one of their number to preside.

Quorum

A quorum for a meeting of the board is at least one half of the number of members.

Voting

(1) At any meeting of the board each member present has a deliberative vote.

(2) If the votes cast on a question are equally divided, the person presiding has a casting vote on the question.

Minutes

The board is to cause accurate minutes to be kept of the proceedings at its meetings.

Resolution without meeting

(1) A resolution of the board in writing signed by each member of the board, or assented to by each member by letter, telegram, telex, facsimile transmission, email or other similar means, has the same effect as if it had been passed at a meeting.

(2) The board must cause a record to be kept of each resolution under subclause (1).

Holding meetings remotely

The presence of a member at a meeting of the board need not be by attendance in person but may be by that member and each other member at the meeting being simultaneously in contact by telephone or other means of instantaneous communication.

Committees

(1) The board may appoint committees to assist it in the performance of its functions, and may discharge or alter any committee so appointed.

(2) A committee may include persons who are not members of the board.

(3) Subject to the directions of the board and to the terms of any delegation under section 14, a committee may determine its own procedures.

Board to determine own procedures

Subject to this Act, the board is to determine its own procedures.

Division 2 — Disclosure of interests etc.

Disclosure of interests

(1) A member of the board who has a material personal interest in a matter being considered or about to be considered by the board must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the board.

Penalty: a fine of $10 000.

(2) A disclosure under subclause (1) is to be recorded in the minutes of the meeting.

Voting by interested members

A member of the board who has a material personal interest in a matter that is being considered by the board —

(a) must not vote whether at a meeting or otherwise —

(i) on the matter; or

(ii) on a proposed resolution under clause 18 in respect of the matter, whether relating to that member or a different member;

and

(b) must not be present while —

(i) the matter; or

(ii) a proposed resolution of the kind referred to in paragraph (a)(ii),

is being considered at a meeting.

Clause 17 may be declared inapplicable

Clause 17 does not apply if the board has at any time passed a resolution that —

(a) specifies the member, the interest and the matter; and

(b) states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter.

Quorum where clause 17 applies

(1) Despite clause 9, if a member of the board is disqualified under clause 17 in relation to a matter, a quorum is present during the consideration of the matter if at least 3 members are present who are entitled to vote on any motion that may be moved at the meeting in relation to the matter.

(2) The Minister may deal with a matter insofar as the board cannot deal with it because of subclause (1).

Minister may declare clauses 17 and 19 inapplicable

(1) The Minister may by writing declare that clause 17 or 19 or both of them do not apply in relation to a specified matter either generally or in voting on particular resolutions.

(2) The Minister must cause a copy of the declaration under subclause (1) to be laid before each House of Parliament, or be dealt with under section 36, within 14 days after a declaration is made.

Schedule 2 — Transitional provisions

[s. 42]

Division 1 — Interpretation

Terms used in this Schedule

In this Schedule —

assets means property of any kind whether tangible or intangible, real or personal and, without limiting that meaning, includes —

(a) any chose in action;

(b) goodwill;

whether arising from, accruing under, created or evidenced by or the subject of, an instrument or otherwise and whether liquidated or unliquidated, actual, contingent or prospective;

Department means the department of the Public Service known as the Department of Industry and Resources;

liability means any liability, duty or obligation —

(a) whether actual, contingent or prospective, liquidated or unliquidated; or

(b) whether owed alone or jointly or jointly and severally with any other person;

Minister means the Minister to whom the administration of this Act is committed;

right means any right, power, privilege or immunity whether actual, contingent or prospective;

transfer order means an order under clause 2;

transfer time means the time at which section 4 comes into operation.

Division 2 — Transfer of assets, liabilities, proceedings etc.

Minister may make transfer orders

(1) To facilitate the transition from the provision of services by that part of the Department known as the Chemistry Centre to services being provided by the body established by this Act, the Minister may make and publish in the Gazette a transfer order that —

(a) specifies which assets and liabilities of the State are to be assigned to the Chemistry Centre by operation of clause 3; and

(b) specifies any agreement or instrument that, by operation of clause 3, is to have effect as if references to the Chemistry Centre (WA) were substituted, in accordance with the order, for references in it to the State or the Department (however expressed).

(2) An asset or liability of the State may be specified in a transfer order if the Minister considers that the asset or liability —

(a) relates to the operations of that part of the Department known as the Chemistry Centre; or

(b) is necessary for the performance of the functions of the body established by this Act.

(3) A transfer order may also deal with incidental or supplementary matters and has effect accordingly.

(4) The transfer order may specify things by reference to schedules which —

(a) need not be published in the Gazette; but

(b) must be available for public inspection,

and anything specified in a schedule is to be taken to be specified in the order.

(5) A thing may be specified in a transfer order by describing the class to which it belongs.

(6) Before a transfer order is made specifying anything by reference to a schedule, a copy of which will be required to be delivered to an official under clause 5, the Minister is to consult with the, or each, official as to the form and content of the schedule.

(7) A transfer order can only be made before the transfer time.

(8) The fact that a previous transfer order has been made does not prevent a further transfer order from being made.

(9) A transfer order, or a schedule to which it refers, may be amended by the Minister, by further order published in the Gazette, but no such amendment may be made after the transfer time.

Consequences of transfer order

If a transfer order is made, then —

(a) at the transfer time the assets specified in the transfer order are, by operation of this clause, assigned to the Chemistry Centre and if an asset was previously held on behalf of the State it is assigned to the Chemistry Centre to hold in its own right;

(b) at the transfer time the liabilities specified in the transfer order are, by operation of this clause, assigned to and become the liabilities of the Chemistry Centre;

(c) any agreement or instrument specified in the order has effect, by operation of this clause, as if references to the Chemistry Centre (WA) were, at the transfer time, substituted, in accordance with the order, for references in it to the State or the Department (however expressed);

(d) any proceedings or remedy that might have been commenced by, or available against or to, the State in relation to the assets and liabilities assigned by paragraphs (a) and (b) may be commenced by, or are available against or to, the Chemistry Centre; and

(e) anything done or omitted to be done in relation to the assets and liabilities assigned by paragraphs (a) and (b) before the assignment by, to or in respect of the State or the Department (to the extent that that thing has any effect) is to be taken to have been done or omitted by, to or in respect of the Chemistry Centre.

Department to complete necessary transactions

(1) If an asset or liability cannot be properly assigned to the Chemistry Centre by the operation of this Schedule —

(a) the Department is to be taken to continue to hold that asset or be liable for that liability until it is effectively assigned to the Chemistry Centre in accordance with this Schedule; and

(b) the Department is to take all practicable steps for the purpose of ensuring that the asset or liability is effectively assigned to the Chemistry Centre in accordance with this Schedule.

(2) The fact that subclause (1)(a) applies to an asset or liability that is assigned to the Chemistry Centre under this Schedule does not affect the duty of the accountable authority of the Chemistry Centre under the Financial Management Act 2006.

Registration of documents

(1) The Minister is to cause a copy of each transfer order, and any schedule to which it refers, to be delivered to each official having responsibility for a register relating to property of a kind affected by the transfer order.

(2) The officials are to take notice of this Schedule and any transfer order, including a schedule to which the order refers, and are to record and register in the appropriate manner the documents necessary to show the effect of the transfer order and this Schedule.

(3) In this clause —

official means —

(d) the Minister administering the Mining Act 1978; or

(e) any other person authorised by a written law to record and give effect to the registration of documents relating to property transactions.

Exemption from State taxes

(1) State tax is not payable in relation to —

(a) anything that occurs by the operation of this Schedule; or

(b) anything done (including a transaction entered into or an instrument or document of any kind made, executed, lodged or given) under this Schedule, or to give effect to this Schedule, or for a purpose connected with or arising out of giving effect to this Schedule.

(2) The Minister may certify in writing that —

(a) a specified thing occurred by the operation of this Schedule; or

(b) a specified thing was done under this Schedule, or to give effect to this Schedule, or for a purpose connected with or arising out of giving effect to this Schedule.

(3) For all purposes and in all proceedings, a certificate under subclause (2) is sufficient evidence of the matters it certifies, except so far as the contrary is shown.

(4) In this clause —

State tax includes stamp duty chargeable under the Stamp Act 1921 and any other tax under a written law.

Rectifying error in transfer order

(1) The Minister may, by order published in the Gazette, make any provision that is necessary to correct any error in a transfer order or a schedule to which a transfer order refers.

(2) An order under this section may be made so as to have effect from the transfer time.

(3) To the extent that a provision of an order under this clause has effect before the day of its publication in the Gazette, clause 3 does not, as a result of that provision, operate so as —

(a) to affect, in a manner prejudicial to any person (other than the State, the Chemistry Centre or any other authority, agency or instrumentality of the State), the rights of that person existing before the day of its publication; or

(b) to impose liabilities on any person (other than the State, the Chemistry Centre or any other authority, agency or instrumentality of the State), in respect of anything done or omitted to be done before the day of publication.

Division 3 — Continuing effect of things done

Terms used in this Division

(1) In this Division —

new Chemistry Centre means the body established by this Act.

(2) In this Division, a reference to a thing done or omitted to be done by, to or in respect of the old Chemistry Centre is to be read as a reference to the thing being done or omitted to be done by, to or in respect of the State, before the transfer time, via or by reference to that part of the Department known as the Chemistry Centre.

Completion of things commenced

Anything commenced to be done by the old Chemistry Centre before the transfer time may be continued by the new Chemistry Centre so far as the doing of that thing is within the functions of the new Chemistry Centre.

Continuing effect of references and things done generally

(1) Unless the contrary intention appears or the context otherwise requires, a reference to the Chemistry Centre (however expressed) in any agreement or instrument made before the transfer time is to be taken, after the transfer time, to be a reference to the new Chemistry Centre.

(2) Any act, matter or thing done or omitted to be done before the transfer time by, to or in respect of the old Chemistry Centre, to the extent that that act, matter or thing —

(a) has any force or significance after the transfer time; and

(b) is not governed by another provision of this Schedule,

is to be taken, after the transfer time, to have been done or omitted by, to or in respect of the new Chemistry Centre.

Division 4 — Miscellaneous transitional provisions

Relevant amount for the purposes of section 12

For the period before the Chemistry Centre submits its first annual report under the Financial Management Act 2006 Part 5, section 12(3)(b)(i) of this Act is to be taken to refer to the amount of $200 000.

Further transitional provision may be made

(1) If there is not sufficient provision in this Schedule for any matter or thing necessary or convenient to give effect to the transition from the provision of services by that part of the Department known as the Chemistry Centre to services being provided by the new Chemistry Centre, the regulations may make that provision.

(2) The regulations may be made so as to have effect from the transfer time.

(3) To the extent that a provision of the regulations has effect on a day that is earlier than the day of its publication in the Gazette, the provision does not operate so as —

Saving

The operation of any provision of this Schedule is not to be regarded —

(a) as a breach of contract or confidence or otherwise as a civil wrong;

(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities or the disclosure of information;

(c) as giving rise to any remedy by a party to an instrument or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset or liability;

(d) as causing any contract or instrument to be void or otherwise unenforceable; or

(e) as releasing or allowing the release of any surety.

Schedule 3 — Amendment of other written laws

[s. 43]

Constitution Acts Amendment Act 1899 amended

(1) The amendment in this clause is to the Constitution Acts Amendment Act 1899*.

[* Reprint 13 as at 18 March 2005.

For subsequent amendments see Acts Nos. 20, 34, 53, 59, 70 and 75 of 2004 and 1, 2 and 24 of 2005.]

(2) Schedule V Part 3 is amended by inserting before the item relating to the Chicken Meat Industry Committee the following item —

“

The Chemistry Centre (WA) established by the Chemistry Centre (WA) Act 2007.

”.

Financial Management Act 2006 amended

(1) The amendment in this clause is to the Financial Management Act 2006*.

[* Act No. 76 of 2006.

For subsequent amendments see Act No. 77 of 2006.]

(2) Schedule 1 is amended by inserting the following item in the appropriate alphabetical position —

“ Chemistry Centre (WA) ”.

Public Sector Management Act 1994 amended

(1) The amendment in this clause is to the Public Sector Management Act 1994*.

[* Reprint 6 as at 14 May 2004.

For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 368 and Act No. 5 of 2005.]

(2) Schedule 2 is amended by inserting after item 3D the following item —

“

3E	Chemistry Centre (WA), established by the Chemistry Centre (WA) Act 2007

”.

Statutory Corporations (Liability of Directors) Act 1996 amended

(1) The amendment in this clause is to the Statutory Corporations (Liability of Directors) Act 1996*.

[* Reprint 3 as at 7 November 2003.

For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 431 and Act No. 20 of 2004.]

(2) Schedule 1 is amended by inserting after the item relating to the Busselton Water Board the following item —

“

Chemistry Centre (WA)	a member of the Board	Chemistry Centre (WA) Act 2007

”.

Various references to Director of the Chemistry Centre changed to chief executive officer of the Chemistry Centre

Each provision listed in the Table to this clause is amended by deleting “Director” in each place where it occurs and inserting instead —

“ chief executive officer ”.

Table

Fluoridation of Public Water	s. 5(2)(d)
Supplies Act 1966	s. 15(3)
Health Act 1911	s. 246B(2)(b)
Poisons Act 1964	s. 8(2)(aa)
Road Traffic Act 1974	s. 65 definitions of “analyst”,
	“authorised person” and “drug
	analyst”
	s. 70(2), (3b) and (3c)
	s. 72(3)

State Superannuation Regulations 2001 amended

(1) The amendments in this clause are to the State Superannuation Regulations 2001*.

[* Reprint 2 as at 2 September 2005.]

(2) Schedule 1 Division 1 is amended by deleting item 7.

(3) Schedule 1 Division 2 is amended by inserting after item 6 the following item —

“

6a. Chemistry Centre (WA) established by the Chemistry Centre (WA) Act 2007

”.

Notes

1 This is a compilation of the Chemistry Centre (WA) Act 2007 and includes the amendments made by the other written laws referred to in the following table.

Compilation table

Short title	Number and year	Assent	Commencement
Chemistry Centre (WA) Act 2007	10 of 2007	29 Jun 2007	Pt. 1 and Sch. 2: 29 Jun 2007 (see s. 2(3));<br>Act other than Pt. 1 and Sch. 2: 1 Aug 2007 (see s. 2 and Gazette 27 Jul 2007 p. 3735)
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)

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

account 3(1)

acquire 11(5)

assets Sch. 2 cl. 1

board 3(1)

business concern 11(5)

chairperson 3(1)

Chemistry Centre 3(1)

chief executive officer 3(1)

client related information 3(1)

committee 3(1)

Department Sch. 2 cl. 1

director 34(3)

dispose of 11(5)

document 23(5)

employing authority 18(4)

government agency 3(1)

information 23(5)

liability Sch. 2 cl. 1

member of staff 3(1)

member of the board 3(1)

Minister Sch. 2 cl. 1

new Chemistry Centre Sch. 2 cl. 8(1)

official Sch. 2 cl. 5(3)

participate in 11(5)

personal information 3(1)

private client 3(1)

Public Service 18(4)

right Sch. 2 cl. 1

State tax Sch. 2 cl. 6(4)

subsidiary 3(1)

transaction 12(4)

transfer order Sch. 2 cl. 1

transfer time Sch. 2 cl. 1

Western Australia

Chemistry Centre (WA) Act 2007

Western Australia

Chemistry Centre (WA) Act 2007

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Terms used in this Act 2

Part 2 — Chemistry Centre (WA)

Chemistry Centre established 5
Status 5
Board of management 5
Constitution and proceedings of board 5
Remuneration of members of the board 6

Part 3 — Functions and powers of the Chemistry Centre

Functions 7
Principles of operation 7
Powers 8
Transactions that require Ministerial approval 10
Exemptions from section 12 11
Delegation by the Chemistry Centre 11
Use of trading names for Chemistry Centre and its operations 12

Part 4 — Staff

Chief executive officer 13
Other staff and contractors 13
Use of other government staff and facilities 14

Part 5 — Accountability and financial provisions

Division 1 — Accountability

Duty to observe policy instruments 15
Strategic development plan and statement of corporate intent 15
Minister to be kept informed 16
Minister may give directions 16
Minister to have access to information 17
Information not available to the Minister 18
Protection for disclosure or compliance with directions 18

Division 2 — Financial provisions

Chemistry Centre’s funds 18
Chemistry Centre (WA) Account 19

The Act organises several interlocking concepts that determine who decides, who pays, what information is protected, and which business activities the Centre can perform.

Principal organisational concept: a statutory, Crown agent with board governance. The board is the governing body (s 6(2)), with appointment and skills selection by the Minister (s 6(3)-(4)), and its constitution and procedures are governed by Schedule 1. The chief executive officer implements day‑to‑day functions under board control and must be appointed under the Public Sector Management Act 1994 (s 16).

Functional concept: a public chemistry services provider with mixed public and commercial mandates. The Centre’s statutory functions are to provide chemical information, advice and analytical services to government agencies with emphasis on forensic science, public health and safety, environmental protection and crisis response, plus R&D, education, and revenue generation from commercial activities consistent with its functions (s 9). The Centre is directed to operate on principles of high quality, independence, timeliness, maintaining capacity (staff, equipment), and cost effectiveness to the extent practicable (s 10).

Commercial and fiscal concepts: revenue earning, limits and approvals. The Centre may earn revenue by commercial activities connected to its functions or authorised by regulation (s 9(d)), and hold funds in an agency special purpose account under the Financial Management Act (s 27(1)). Significant transactions that create liabilities above a threshold require Minister approval, calculated as the greater of 5 percent of the Centre’s reported assets or $1,000,000 (s 12(3)). Borrowing and re‑borrowing require Minister and Treasurer prior approval, with the Treasurer setting terms and annual borrowing limits and registers (s 28). The Treasurer may guarantee the Centre’s financial obligations on Minister recommendation, and may levy guarantee charges after consultation with the Centre (ss 29-30). The Centre is liable for duties and taxes (s 31(1)); it is exempt from local government rates but must pay an equivalent amount to the Treasurer determined by Treasurer direction (s 31(2)-(6)).

Information and confidentiality concepts: client related and personal information are protected. The Act defines “client related information” to include information obtained from or for a private client and the fact a private client sought services (s 3(1)). The Minister is entitled to information generally but is not entitled to client related or personal information obtained by the Centre, except where the information is public, summary/statistical, required by another written law, or authorised by the person(s) concerned (ss 23-24). Board members, staff and contractors are subject to confidentiality obligations with criminal penalties, except where disclosure is for statutory functions, required by law, consented to, or in prescribed circumstances; the board may disclose to the Minister in exceptional public interest cases (ss 33-35).

Transition and legal continuity concepts: transfer orders and savings. Schedule 2 authorises transfer orders to assign assets, liabilities, agreements and proceedings from the Department’s prior Chemistry Centre operations to the new Centre (Sch 2 cll 2-3). The schedule includes registration, tax exemption for transfers, and savings provisions preserving the continuing effect of prior acts and references (Sch 2 cll 5-10, 6(1), 13).

Accountability concepts: strategic planning, Ministerial oversight and audit. The board must prepare a strategic development plan and statement of corporate intent at prescribed times (s 20), keep the Minister informed and provide reports (s 21), and comply with written directions from the Minister which must be laid before Parliament and included in annual reports (ss 22-23, 22(3)). The Financial Management Act and Auditor General Act apply to the Centre’s financial administration and audit (s 32).

These concepts together establish a public agency that is operationally and commercially capable, circumscribed by Ministerial and Treasurer oversight, publicly accountable through statutory planning, reporting and audit, and constrained by statutory confidentiality protections for clients and individuals.

The Act directly and materially affects a set of institutional and private actors by allocating rights, duties, and control mechanisms.

Primary public actors:

The Chemistry Centre (WA) itself, established as a corporate Crown agent (ss 4-5).
The board of management, whose members are appointed by the Minister and who govern the Centre in its name (s 6(1)-(3); Schedule 1 prescribes appointment terms, removal, quorum, voting, conflict rules).
The Minister (to whom administration of the Act is committed), who appoints the board, approves high‑value transactions and may give directions that the Centre must implement (ss 6(3)-(4), 12-13, 22).
The Treasurer, who must concur in certain directions and regulations, controls borrowing approvals and terms, sets annual borrowing caps, and may guarantee obligations or require payments to the Consolidated Account; the Treasurer also directs principles for determining equivalent rates payments (ss 20(2), 28, 29-31).

Other government entities:

Government agencies that are clients of the Centre and entitled to receive services; the Act emphasises those in forensic science, public health and safety, environmental protection and crisis response (s 9(a)).
Departments and State agencies that may make staff and facilities available to the Centre by arrangement (s 18).
The Auditor General, whose audit and reporting powers apply under the Auditor General Act as applied to the Centre (s 32).

Private sector actors:

Private clients defined as organisations or persons to whom the Centre provides services other than government agencies; the Act creates confidentiality protections for client related information and limits disclosure to the Minister (s 3(1), ss 24, 33-35).
Contractors and service providers engaged by the Centre; they are subject to confidentiality obligations and possible criminal penalty if they improperly disclose information obtained under contracts (s 34).
Counterparties to contracts and transactions with the Centre, including participants in joint ventures, partnerships or trusts in which the Centre may take interests; significant transactions and participation in business concerns may be subject to Minister and Treasurer approvals (ss 11(2)(d), 12-13, 14).

Local government and taxpayers:

Local government authorities are affected by the Centre’s exemption from local rates and the statutory requirement that the Centre pay an equivalent amount to the Treasurer (s 31(2)-(6)); this alters the incidence of rates and impacts local government revenue flows indirectly.

Labour and industrial relations stakeholders:

Staff appointed under the Public Sector Management Act and personnel engaged otherwise; employment terms must not be less favourable than applicable industrial awards or Minimum Conditions of Employment Act entitlements (s 17(1)-(3)), which affects unions, employees and employers.

Financial counterparties:

Lenders, guarantors and insurers, since the Centre may borrow subject to Treasurer approval (s 28), and the Treasurer may issue State guarantees subject to terms and the possibility of charges fixed by the Treasurer from the Centre (ss 29-30).

Third parties to whom transfer orders relate:

Persons holding interests, assets, contracts or liabilities that may be specified in transfer orders under Schedule 2; transfer orders can reassign assets and liabilities from the Department to the Centre and modify instruments to substitute references to the Centre (Sch 2 cll 2-3), affecting contractual rights and obligations.

Journalists and researchers: they may be affected by the Act’s provisions restricting publication of client related or personal information in reports and other public documents unless consent or statutory exceptions apply (s 35).

In sum, the Act affects the Centre and its internal governance, State financial managers, private clients and contractors, local governments via rates adjustments, labour and industrial stakeholders via employment terms, and third parties with transferred assets or contractual relationships under Schedule 2.

This section summarises statutory duties imposed on the Centre, the board and staff, and the principal rights and powers granted to the Centre.

Key duties

Perform stated functions. The Centre must perform the functions in s 9: providing chemical information, advice and analytical services primarily to government agencies in specified areas, undertaking R&D to assist State development and functions, promoting chemistry education and research, and earning revenue by permitted commercial activities (s 9).
Observe operational principles. The Centre must operate in accordance with the principles in s 10(1): provide high quality, independent services, in a timely manner, maintain capacity through suitably qualified staff and equipment, and perform functions cost effectively to the extent practicable.
Strategic planning and corporate intent. The Board must prepare and submit a strategic development plan and a statement of corporate intent at prescribed times and in prescribed form (s 20(1)); regulations may further specify matters (s 20(2)).
Keep Minister informed. The Centre must keep the Minister reasonably informed on operations, financial performance and prospects, provide requested reports and promptly inform the Minister if matters may prevent achievement of objectives in the strategic plan or corporate intent (s 21).
Comply with Ministerial directions. The Centre must give effect to any written direction from the Minister with respect to performance of its functions (s 22(1)); copy of direction must be laid before Parliament and included in annual report (s 22(2)-(3)).
Financial management and reporting. The Centre must manage funds into the Chemistry Centre (WA) Account and comply with the Financial Management Act 2006 and Auditor General Act 2006 regimes applied by s 32; borrowings require Minister and Treasurer approval and must stay within the Treasurer’s determined annual limit (s 28).
Confidentiality obligations. Members, staff, contractors and others engaged must not record, disclose or make use of information obtained in the course of duty except for performing functions under the Act or another law, with consent, or in prescribed circumstances; disclosure attracts criminal penalties (s 33(2)-(4); s 34(2)).

Key rights and powers

Corporate powers to perform functions. The Centre has all powers necessary to perform its functions, including acquiring and disposing of property, entering contracts, consulting, collaborating, conducting investigations and publishing information (s 11(1)-(2)).
Commercial activity and intellectual property. The Centre may engage in commercial activities connected to its functions and may develop, exploit and dispose of technology and intellectual property (s 9(d); s 11(2)(i)).
Agency of the Crown status. The Centre is an agent of the Crown and enjoys Crown status, immunities and privileges (s 5).
Execution and contractual formality. The Centre has a common seal and may execute documents under the seal or by authorised signatories; contracts made by authorised persons bind the Centre as if by a natural person (ss 37-38).
Delegation. The Centre may delegate its powers and duties in writing, subject to Ministerial approval for non‑board or non‑staff appointees (s 14).
Protection from tort liability for individuals. Persons other than the Centre are protected from tort actions for acts done in good faith under the Act (s 39(1)); the Centre and the Crown remain liable where applicable (s 39(3)).
Access to Ministerial and Treasurer approvals. The Centre has access to borrowing arrangements, and can have State guarantees conferred by the Treasurer on Minister recommendation, with associated rights and obligations (ss 28-29).

Constraints and conditional rights

Ministerial approval for significant transactions. Transactions above the relevant amount (greater of 5 percent of total reported assets or $1,000,000) require the Minister’s approval and are subject to exemptions in s 13 (s 12(2)-(3)).
Treasurer control over borrowing and guarantee conditions. Borrowing requires Treasurer and Minister prior approval and is subject to Treasurer‑determined terms and annual caps; guarantees and guarantee charges are in the Treasurer’s discretion (ss 28-30).
Confidentiality and reporting constraints. Reporting documents and other public documents must not include client related or personal information without consent, and the Minister may delete commercially sensitive information in certain circumstances with an Auditor General opinion required for deletions on commercial sensitivity grounds (s 35).

These duties and rights create a statutory operator with a mix of public service obligations, commercial capacities, and constrained autonomy through Ministerial and Treasurer oversight.

The Act establishes criminal and administrative penalties, formal oversight mechanisms, and statutory protections that produce enforcement pathways against unlawful conduct and non‑compliance.

Criminal penalties and disciplinary sanctions

Confidentiality offences. The Act sets criminal penalties for unauthorised recording, disclosure or use of information obtained in the course of duty by board members, staff or other persons engaged under s 17 or made available under s 17(6) or s 18. A person who contravenes s 33(2) faces a fine of $10,000 or imprisonment for 12 months. The prohibition applies except where disclosure is permitted under specified exceptions (s 33(2)-(4)). Contractors and associated persons are subject to a parallel prohibition and penalty under s 34(2), also $10,000 or 12 months’ imprisonment.
Penalty for failure to disclose material personal interest. Schedule 1 clause 16 requires a board member with a material personal interest to disclose that interest at a meeting as soon as possible; a failure attracts a penalty of $10,000. Conflict provisions further bar interested members from voting and being present while the matter is considered (Schedule 1 cll 16-17).

Administrative and governance enforcement

Removal of board members and leave of absence. The Minister may remove a member for neglect, misbehaviour, incompetence, incapacity or absence from three consecutive meetings without leave or reasonable excuse (Schedule 1 cl 2). The board may grant leave of absence (Schedule 1 cl 3).
Ministerial directions and parliamentary oversight. The Minister may give written directions which the Centre must implement (s 22(1)); copies of directions must be laid before each House of Parliament within 14 days and the direction included in the Centre’s annual report (s 22(2)-(3)). Directions therefore create a parliamentary oversight mechanism whereby the Minister’s instruction becomes part of the public record and annual accountability cycle.
Ministerial access to information. The Minister may request information and documents from the Centre that relate to its functions and the Centre must comply, subject to the confidentiality exception for client related and personal information in s 24. Failures could be enforced through administrative processes and parliamentary scrutiny (s 23).
Ministerial approval for high‑value transactions. The Centre must obtain Minister approval before entering transactions exceeding the relevant amount (greater of 5 percent of total reported assets or $1,000,000) unless exempted by order of the Minister with the Treasurer’s concurrence (ss 12-13). Non‑compliance would expose contracts to challenge or internal remedial steps; the Act itself does not specify a criminal penalty for entering an unauthorised transaction but provides the approval requirement as a legal precondition.
Treasurer control of borrowing and guarantees. Borrowing or obtaining credit requires prior Minister and Treasurer approval and is subject to Treasurer‑determined terms and annual caps; guarantees are issued by the Treasurer and payments under guarantees charge the Consolidated Account (ss 28-29). Non‑observance is likely to have financial and administrative consequences and practical enforcement through the Treasurer’s control of State financial permissions.
Financial management and audit. The Financial Management Act 2006 and Auditor General Act 2006 apply to the Centre (s 32). The Auditor General’s audit powers and the Financial Management Act’s reporting and compliance regimes provide statutory enforcement levers, including public audit findings and corrective instructions.

Civil liability and protections

Protection from tort claims. Individuals other than the Centre are protected against tort claims for acts done in good faith in performance or purported performance of functions under the Act or another Act (s 39(1)). This is an individual protection; it preserves the Centre’s and Crown’s potential vicarious or direct liabilities (s 39(3)).
Contractual effecting and execution presumptions. Documents executed under the common seal or by authorised signatories are presumed to be duly executed unless the contrary is shown (ss 37(6)-(7)). This presumption aids third parties in relying on Centre documents and may influence enforcement of contractual obligations.
Transfer orders and continuity. Schedule 2 confers legal effect to transfer orders that assign assets and liabilities and substitute the Centre for the State in relevant instruments and proceedings (Sch 2 cl 3). This provision reduces litigation risk about continuity of rights and obligations, although parties may still litigate interpretation or the validity of transfer orders if disputed.

Other enforcement levers

Ministerial revocation of exemptions. The Minister with Treasurer concurrence may exempt classes of transaction from the s 12 approval requirement and may revoke or amend such orders; orders must be laid before Parliament within 14 days (s 13). Parliamentary scrutiny and administrative revocation are enforcement mechanisms for the approval/exemption regime.
Parliamentary and public accountability. Reporting obligations, strategic plans and parliamentary laying requirements for directions and exemption orders create reputational and political enforcement that can lead to further legal or administrative action arising from audit reports or parliamentary inquiries (ss 20-22, 36).

Together, these provisions create a mixed enforcement architecture: criminal sanctions deter unauthorised disclosures and conflict failures; Ministerial and Treasurer controls enforce fiscal discipline and governance boundaries; audit and parliamentary oversight produce transparency and corrective pressure; contractual presumptions support third party reliance; and Schedule 2 aims to prevent disruption from transition through transfer orders.

The Act deliberately interfaces with other written laws to allocate administrative, financial and employment regimes.

Financial and audit law

Financial Management Act 2006 and Auditor General Act 2006. The Act expressly applies provisions of the Financial Management Act 2006 and Auditor General Act 2006 that regulate financial administration, audit and reporting of statutory authorities to the Chemistry Centre (s 32). Consequently, the Centre is subject to the Financial Management Act’s requirements for special purpose accounts (s 27(1)(a)), reporting under Part 5 (referenced in s 35(1)), and audit by the Auditor General. The Centre’s annual report must include directions given under s 22(3).

Public sector employment and governance law

Public Sector Management Act 1994. The chief executive officer is to be appointed under the Public Sector Management Act 1994 Part 3 (s 16(1)). Public service officers may be appointed or made available under that Act to enable the Centre to perform its functions (s 17(1)). The Centre may also appoint staff otherwise than under the Public Sector Management Act (s 17(2)), but those staff’s terms cannot be less favourable than applicable industrial awards or the Minimum Conditions of Employment Act entitlements (s 17(3)).
Statutory Corporations (Liability of Directors) Act 1996. Schedule 3 amends other statutes to include the Chemistry Centre and its board within the ambit of relevant statutory corporation provisions (Schedule 3 cl 4), including insertion of entries into schedules of other Acts.

Industrial and labour law

Industrial Relations Act 1979 and Minimum Conditions of Employment Act 1993. Employment terms must meet applicable industrial awards, the Industrial Relations Act, or the Minimum Conditions of Employment Act where relevant (s 17(3)-(4)). Subsection (4) preserves Part VID of the Industrial Relations Act.

Other sectoral statutes

The Act substitutes references to “chief executive officer” for “Director” in multiple named Acts, including the Health Act 1911, Poisons Act 1964, Road Traffic Act 1974 and others listed in Schedule 3 cl 5. This means responsibilities previously tied to a Director role are transformed to the chief executive officer of the Chemistry Centre. The amendments integrate the Centre into existing regulatory frameworks where analytical or chemical functions are statutorily allocated to a public chemistry authority.

Property, registration and tax law

Schedule 2 interacts with property registration systems by requiring transfer orders to be delivered to registrars and officials (Sch 2 cl 5(1)-(2)), and provides a State tax exemption for transfers effected by Schedule 2 or for actions done to give effect to it (Sch 2 cl 6(1)). The Stamp Act implications are addressed by the “State tax” definition and the ministerial certificate evidencing events effected by the Schedule (Sch 2 cl 6(2)-(3)).

Parliamentary procedure and statutory corporations

Directions and orders under various provisions must be laid before each House of Parliament or otherwise dealt with under s 36 (for example ss 13(3), 20(3), 22(2), Schedule 1 cl 20(2)), so the Act prescribes parliamentary oversight and integrates with standing orders and parliamentary practice.

Confidentiality and information law

The Act’s confidentiality provisions reference other written law exceptions and allow disclosure when required by another written law (ss 33(2)(b), 34(2)(b), 35(2)(b), 24(2)(c)). The Minister’s access rights to information are subject to the protections in s 24 for client related and personal information, reflecting overlap with privacy and information access regimes.

Guarantees and State finances

The Treasurer’s power to give guarantees and to charge fees for guarantees (ss 29-30) interacts with public finance law and the Consolidated Account; payments by the Treasurer under guarantees are charged to the Consolidated Account and appropriated by s 29(3).

Transitional and continuity law

Schedule 2 provides a mechanism to transfer assets, liabilities, agreements and proceedings from the Department to the Centre, and contains savings clauses that preserve previously created rights and obligations (Sch 2 cll 2-4, 9-10). The Schedule also authorises regulations to address gaps in transitional arrangements (Sch 2 cl 12).

Overall, the Act deliberately sits within the existing corpus of Western Australian public sector, financial and regulatory law, leveraging established regimes for employment, finance and audit to control the Centre while modifying sectoral statutes to assign existing chemical functions to the new agency.

The Act’s text and the accompanying compilation notes in the source identify the initial enactment and at least one subsequent amendment recorded in the compilation table.

Enactment and commencement

The Chemistry Centre (WA) Act 2007 was assented to on 29 June 2007. Part 1 and Schedule 2 came into operation on the day of Royal Assent, 29 June 2007, and the remainder of the Act commenced on 1 August 2007 (s 2 and compilation table).

Noted amendments

The compilation table records an amendment under the Public Sector Reform Act 2010, specifically section 89 of that Act (No. 39 of 2010). That amendment is reflected in the compilation notes as having had assent on 1 October 2010 and having commenced on 1 December 2010 (compilation table and note on s 8 amendment). The textual marker “[Section 8 amended: No. 39 of 2010 s. 89.]” appears after s 8, indicating the remuneration provision for board members was amended by the 2010 reform. The source does not reproduce the pre‑amendment text nor additional amendment details beyond this cross reference.

Schedule 3 consequential amendments

The Act itself effects numerous amendments to other Western Australian written laws via Schedule 3. Those are not later amendments to the Act, but they show the Act’s passage amended other statutes to recognise the new Centre, for example by adding it to statutory schedules and changing references from “Director” to “chief executive officer” in specified Acts (Schedule 3 cll 1-6). These consequential amendments are part of the Act’s original legislative package.

Transitional provisions with potential for later amendment

Schedule 2 contemplates that further transitional provisions may be made by regulation and that transfer orders and their schedules may be amended before transfer time (Sch 2 cll 2(8)-(9), 12), so the Act foresaw the need for delegated instruments to be varied. Any such regulations or transfer orders would be secondary legislation and recorded separately.

Limits of the available amendment record

The source provided is a compilation that lists the original Act and one amending Act in the compilation table. It does not list subsequent legislation beyond 2010 reforms in the notes section. For a current statutory position beyond the dates recorded, consult Western Australian legislative databases or the reprint history, but the material in this Act and its schedules as provided shows at least the amendment referenced above.

Practical implications

The s 8 amendment indicates ministerial or public sector reforms have altered board remuneration and allowance arrangements since inception. Schedule 3 amendments show the Act’s integration into other Acts, a structural change still in force unless subsequently amended. Schedule 2 anticipates regulatory fixes which may have been enacted as subordinate instruments; those would be separate entries in the statutes register.

The Act’s text and the provided compilation contain no recorded judicial decisions or references to litigation. The source does not list any cases arising under the Chemistry Centre (WA) Act 2007, and Schedule 2 and the compilation notes do not cite litigation outcomes.

Potential litigation vectors indicated by the Act While the source records no cases, the Act creates a set of legal relationships and constraints that could generate litigation, including but not limited to:

Disputes over the validity or scope of transfer orders under Schedule 2 (Sch 2 cll 2-3). Transfer orders reassign assets, liabilities and substitute the new Centre into existing instruments, which could give rise to judicial review or contract claims if affected third parties allege procedural unfairness, invalid substitution, or prejudice.
Conflicts over Ministerial directions and access to information. The Minister’s power to give directions (s 22) and entitlement to information (s 23) subject to confidentiality exceptions (s 24) creates potential for litigation where the Centre resists disclosure or where the Minister imposes directions argued to exceed statutory power. Challenges could take form of judicial review or contract disputes.
Commercial transaction approvals and remedies. Section 12 requires Minister approval for transactions exceeding the relevant amount; a counterparty might challenge the enforceability of a contract entered without the required approval, or the Centre might challenge a Ministerial refusal.
Employment and industrial disputes. Staff appointed under the Public Sector Management Act or engaged otherwise could bring disputes concerning terms and conditions, applicable industrial instruments, or disputes about classification and entitlements under s 17.
Confidentiality breaches and criminal prosecutions. Sections 33 and 34 create criminal offences for unauthorised disclosure. Prosecutions or civil claims could involve contested factual issues about whether a disclosure was authorised or fell within statutory exceptions.
Liability and tort claims. While s 39 gives statutory protection from tort claims for individuals acting in good faith, claimants may litigate whether the good faith threshold or the statutory protection applies; litigation could also address whether the Centre or the Crown bears liability where an individual is protected.

Courts and remedies

Remedies that may be sought in litigation include declaratory relief, injunctions, damages for breach of contract or statutory duty, judicial review of administrative acts such as directions or transfer orders, and criminal prosecution for confidentiality breaches. The Act’s provisions for execution of documents and presumptions as to the common seal (s 37(6)-(7)) impact evidentiary aspects of litigation.

Practical note on absence of reported cases in source

The absence of litigation records in the Act’s text is not evidence that no litigation has occurred since. The Act as provided is a static source and does not carry a running case law history. For practitioners needing the state of the law in respect of disputes that have arisen under or about the Centre, a targeted search of WA court and tribunal databases and legal reporting services would be necessary.

The Act contains specific thresholds, exceptions and procedural requirements that can generate compliance traps if not explicitly managed.

Transaction approval threshold and timing

Large transaction pre‑approval. Section 12 requires Minister approval for transactions where the Centre’s liability exceeds the relevant amount, defined as the greater of 5 percent of total reported assets as set out in the most recent annual report under the Financial Management Act Part 5, or $1,000,000 (s 12(3)). Two practical pitfalls are the dependency on the “most recent annual report” for the 5 percent calculation and the transitional clause that sets a temporary relevant amount at $200,000 before the first annual report (Sch 2 cl 11). Entering a transaction without required approval may render the transaction administratively unauthorised and expose the Centre to internal or parliamentary remediation.
Exemptions and revocations. The Minister with the Treasurer’s concurrence can exempt transactions by order and revoke such orders; these must be laid before Parliament within 14 days (s 13(1)-(3)). Reliance on exempted classes requires checking current orders and their conditions; failure to observe a revoked exemption may be consequential.

Confidentiality and evidence handling

Broad confidentiality criminal penalties. Sections 33(2) and 34(2) create $10,000 fines or 12 months imprisonment for unauthorised disclosure. The definition of “client related information” includes the mere fact a private client sought services (s 3(1)). This means routine disclosures such as client lists, or even acknowledging service provision to a private entity, could be restricted unless consent or an exception applies. The board may disclose to the Minister in exceptional public interest cases (s 33(5)), but that is an internal carve‑out and still carries reputational and legal risk.
Publishing reports. The Financial Management Act Part 5 reports and other public documents must not include client related or personal information without consent; requests to delete commercially sensitive material require an Auditor General opinion and a statement of reasons (s 35(1)-(5)). Practitioners should anticipate delays if seeking to redact reports or face public disclosure objections from clients.

Ministerial and Treasurer controls

Ministerial directions must be laid before Parliament. Directions under s 22 must be laid within 14 days and included in the annual report (s 22(2)-(3)). Directors and staff must ensure processes are in place to implement directions promptly and to document any compliance, because ministerial directions carry parliamentary visibility.
Borrowing and guarantees constraints. Borrowings require both Minister and Treasurer approval, and the Treasurer sets terms and annual limits (s 28). Guarantees by the Treasurer are subject to charges the Treasurer may fix after consultation (ss 29-30). A Centre expecting to finance capital expenditure must secure early Treasurer engagement and expect possible costs for guarantees.

Employment and industrial terms

Employment terms floor. Staff engaged other than under the Public Sector Management Act must not be offered less favourable terms than applicable industrial awards or the Minimum Conditions of Employment Act (s 17(3)). Failure to ensure minimum entitlements risks employment claims and industrial action.

Local government rates substitution

Rates exemption and Treasurer equivalent. The Centre is not liable for local government rates, but must pay an amount equivalent to those rates to the Treasurer determined under principles the Treasurer directs (s 31(2)-(6)). Local governments will not automatically receive rates; instead the Treasurer takes receipts. This has budgetary effects and may create disputes about the quantum and timing of the Treasurer’s equivalent payments.

Delegations and execution formality

Delegation approval required for non‑staff members. Delegations to persons who are not board members or staff require Minister approval for classes or offices (s 14(3)-(4)). Execution authority must be given under the common seal or by authorised signatories; documents purporting to be executed are presumed genuine unless disproved (s 37). Improperly authorised delegates may render actions void or challengeable.

Transitional transfer mechanics

Transfer orders and registration. Schedule 2 permits transfer orders that assign assets and liabilities. The Minister must deliver copies to officials responsible for registers and take steps to ensure instruments are recorded (Sch 2 cll 2, 5). Errors may require rectifying orders; rectifying orders can have retroactive effect to transfer time but are constrained not to prejudice private parties (Sch 2 cl 7). Practically, parties need to inspect transfer orders and register entries, and ascertain whether rights have in fact been transferred.

Statutory presumptions and protections

Protection from tort claims. Individuals acting in good faith in performance of functions are insulated from tort claims (s 39). However, the Centre and Crown may remain liable (s 39(3)), so this does not eliminate potential institutional liability.

In short, the principal practical “gotchas” are the transaction approval threshold (and the transitional $200,000 rule), strict confidentiality criminal penalties and the breadth of “client related information”, Ministerial and Treasurer controls over major financial decisions, employment term minimums, and the need to manage the logistics of transfer orders and document execution. Administrative processes and documentary records are vital to demonstrating compliance.

This section offers concrete steps and internal controls the Chemistry Centre and its advisers should implement to meet statutory obligations and manage legal risks under the Act.

Governance and board procedures

Appointment and skills compliance. Ensure board appointments are made by the Minister and that candidates possess expertise relevant to the Centre’s functions as required by s 6(3)-(4). Maintain appointment instruments specifying terms not exceeding three years and document re‑appointments (Schedule 1 cl 1).
Conflicts and minutes. Implement a conflicts-of-interest register and meeting checklist; require disclosure of material personal interests at meetings as mandated by Schedule 1 cl 16, record disclosures in the minutes, and ensure interested members do not vote or remain present as required by Schedule 1 cl 17 unless the board passes a specified resolution under cl 18.

Strategic planning and reporting

Strategic development plan and statement of corporate intent. Prepare and submit the strategic development plan and statement of corporate intent at prescribed times in the form contemplated by s 20(1). Build compliance steps into subordinate procedures if regulations under s 20(2) specify form, content and review processes.
Minister and Parliamentary reporting. Maintain an internal timetable for providing reports and information under s 21, document prompt notification of matters that may prevent achievement of strategic objectives, and ensure that any Ministerial direction under s 22 is recorded, complied with and laid before Parliament within 14 days.

Financial controls and transaction approvals

Transaction approval workflow. Establish a pre‑transaction approval process to check whether the Centre’s liability exceeds the relevant amount in s 12(3) before entering a transaction. For the first annual report period, apply the transitional $200,000 rule in Sch 2 cl 11. If a transaction exceeds the threshold, prepare an approval submission for the Minister and coordinate with the Treasurer where concurrence is needed for exemptions under s 13.
Borrowing and guarantees. For any borrowing, secure prior Minister and Treasurer approval (s 28). Maintain borrowing registers as regulations require (s 28(3)). If requesting a State guarantee, prepare for Treasurer terms and possible charges; maintain documentation of any guarantee charges fixed by the Treasurer after consultation (ss 29-30).
Chemistry Centre (WA) Account and financial returns. Set up and reconcile the Chemistry Centre (WA) Account as an agency special purpose account under Financial Management Act section 16 or, with Treasurer approval, at an authorised bank (s 27(1)). If the Minister fixes a financial return to the State, ensure payments are limited to profits and made when directed (s 27(2)-(3)).

Confidentiality and data handling

Client related information protocols. Classify data to identify “client related information” and “personal information” per definitions in s 3(1). Apply strict access controls and need‑to‑know policies; limit use and disclosure to statutory functions, as required by law, with consent, or in prescribed circumstances (ss 33-35).
Contractual confidentiality clauses. Include confidentiality obligations in all contractor and supplier agreements modelled on s 34(2), ensuring directors, employees and subcontractors are bound. Incorporate security, retention, destruction and breach reporting clauses, and train staff and contractors on criminal penalties for unauthorised disclosure.
Reporting and redaction processes. Before making public reports under Financial Management Act Part 5, verify whether client related or personal information is present; obtain written consent where necessary. If seeking the Minister’s deletion of commercially sensitive material under s 35(2), prepare an Auditor General opinion request and ensure the deletion statement and Auditor General opinion accompany the public document as required by s 35(5).

Employment and industrial compliance

Employment terms review. Ensure staff employed outside the Public Sector Management Act have terms not less favourable than applicable industrial awards or the Minimum Conditions of Employment Act (s 17(3)). Document choices of engagement (public service appointment, contract for services, casual appointment) and maintain payroll and entitlement records to withstand audit.

Operational and contracting practices

Delegation and authorised signatories. Ensure delegations are in writing and that non‑board/non‑staff appointees are approved by the Minister where required (s 14). Maintain an up‑to‑date delegation schedule and authorised signatory list authorised under the common seal where appropriate (ss 14, 37(5)).
Contracts and execution formalities. Execute contracts under the common seal in the presence of two board members, or by authorised officers pursuant to a written authorisation under s 37(5). Preserve execution attestation and seal logs to invoke the presumptions in ss 37(6)-(7) if needed.

Audit and recordkeeping

Financial and audit readiness. Prepare for Financial Management Act and Auditor General Act compliance and audits under s 32; institute internal audit cycles, document retention policies, and maintain registers for assets, liabilities and transactions as required by the Treasurer and regulations.
Registers and transfer records. For transitional matters, ensure transfer orders and related schedules are delivered to relevant registrars and officials and retain certified copies (Sch 2 cl 5). Maintain documentary proof of registration changes and ministerial certificates for State tax exemption under Sch 2 cl 6 where applicable.

Risk management and compliance monitoring

Policies, training and incident response. Adopt formal policies covering conflicts of interest, confidentiality, contract approvals, borrowing and guarantee processes, and data protection. Provide training for board members, staff and contractors on statutory obligations, criminal penalties and internal reporting lines. Create an incident response plan for suspected confidentiality breaches, including immediate legal advice and notification requirements.
Legal liaison for ministerial and Treasurer interactions. Coordinate proactive legal and Treasury engagement when planning significant transactions, refinance or pursuing guarantees. Seek written approvals and contemporaneous records to evidence compliance with ss 12, 13, 28-30.

Parliamentary and public transparency

Maintain a log of directions, exemption orders and associated layings before Parliament and make sure annual reports include directions as required by s 22(3). Ensure public documents contain statements where deletions have occurred and that Auditor General opinions on commercial sensitivity accompany deletions as per s 35(5).

Implementing these controls will align the Centre’s operational practice with the Act’s statutory duties and rights, reduce legal and financial exposure, and position the Centre to satisfy Treasurer, Ministerial and Auditor General oversight.

Deep Dive

What it does

Current sections