If a person who is required to register a business name under this Act:
(a) was carrying on business in the Territory under a business name, either alone or in association with other persons, immediately before 1 July 1992; and
(b) applies for registration of the business name under section 7 of this Act within two months of the commencement of the Territories Law Reform Act 1992;
the business name is taken to be registered under this Act until registration is granted to the person or the application is refused.
Part 5—Children’s Court of Western Australia Act 1988 (W.A.)(C.I.)
(a) the territorial sea adjacent to the Territory; and
(b) the sea on the landward side of the territorial sea adjacent to the Territory and not within the limits of the Territory;
and includes the airspace over, and the sea‑bed and subsoil beneath, that sea.
Territory death means a death:
(a) that occurred in the Territory or the coastal sea; or
(b) where the body is in the Territory or the coastal sea; or
(c) the cause of which occurred in the Territory or the coastal sea; or
(d) of a person who was ordinarily residing in the Territory at the time of death.
2 Section 22 (Jurisdiction of coroner to hold inquest into a death)
Note: Sections 297 and 378 of The Criminal Code, in their application to the Territory, are amended by the repeal of the Criminal Law Amendment Act 1992 (W.A.)(C.I.) by section 6 of this Ordinance.
Part 8—Debits Tax Act 1990 (W.A.)(C.I.)
1 Amendments—references to Western Australia
1.1 Amendments as set out in the following table:
Provision
omit
substitute
Paragraph 4(1)(c)
Western Australia
the Territory
Subparagraph 4(1)(c)(i)
Western Australia
the Territory
Subparagraph 4(1)(c)(ii)
Western Australia
the Territory
Subsection 4(2)
Western Australia (twice occurring)
the Territory
Part 9—Debits Tax Assessment Act 1990 (W.A.)(C.I.)
1 Amendments—references to Western Australia
1.1 Amendments as set out in the following table:
Provision
omit
substitute
Subsection 3(1) (definition of excluded debit, subparagraph (a)(iii))
the State of Western Australia
the Territory
Subsection 3(1) (definition of excluded debit, subparagraph (a)(iv))
the State of Western Australia
the Territory
Subsection 3(1) (definition of excluded debit,sub‑subparagraph (b)(i) A))
Western Australia
the Territory
Subsection 3(1) (definition of excluded debit,sub‑subparagraph (b)(i)(B))
Western Australia
the Territory
Subsection 3(1) (definition of exempt account)
Western Australia
the Territory
Subsection 3(1) (definition of taxable account)
Western Australia
the Territory
Subsection 3(2)
Western Australia
the Territory
Subparagraph 3(2)(a)(i)
Western Australia
the Territory
Subparagraph 3(2)(a)(ii)
Western Australia (twice occurring)
the Territory
Subparagraph 3(2)(b)(i)
Western Australia
the Territory
Subparagraph 3(2)(b)(ii)
Western Australia (twice occurring)
the Territory
Sub‑subparagraph 3(2)(b)(ii)(A)
Western Australia
the Territory
Sub‑subparagraph 3(2)(b)(ii)(B)
Western Australia
the Territory
Paragraph 3(2)(c)
Western Australia
the Territory
Subsection 3(8)
the State of Western Australia (twice occurring)
the Commonwealth
Subsection 8(4)
Western Australia
the Territory
Subsection 11(1)
Western Australia
the Territory
Paragraph 14(1)(b)
the State of Western Australia
the Commonwealth
Subparagraph 14(5)(a)(ii)
the State of Western Australia
the Commonwealth
Subparagraph 14(5)(b)(ii)
the State of Western Australia
the Commonwealth
Paragraph 15(1)(b)
the State of Western Australia
the Commonwealth
Subparagraph 19(3)(b)(ii)
the State of Western Australia
the Commonwealth
Subsection 19(4)
the State of Western Australia
the Commonwealth
Subsection 26(1)
the State of Western Australia
the Commonwealth
Paragraph 29(1)(d)
the State of Western Australia
the Commonwealth
Subsection 3(1)
Western Australia (twice occurring)
the Territory
Subsection 39(3)
Western Australia
the Territory
Paragraph 39(3)(b)
Western Australia
the Territory
Part 10—District Court of Western Australia Act 1989 (W.A.)(C.I.)
1 Section 7 (Establishment of the Court)
1.1 Repeal the section.
2 Section 10 (The Judges of the Court)
2.1 Repeal the section.
3 Section 18 (Acting appointments)
3.1 Repeal the section.
4 Section 24 (Power to appoint Commissioners and Jurisdiction of Commissioners)
4.1 Repeal the section.
Part 10A—Duties Act 2008 (WA) (CI)
1 Section 142 (Transactions by first home owners that are concessional transactions)
1.1 Subparagraph 142(1)(a)(i) and (ii):
Omit the subparagraphs, substitute:
(i) is, or becomes, a person to whom a first home owner grant would be, or would have been, payable if section 18 of the FHOG Act applied to the person in relation to the property; or
(ii) is, or becomes a person to whom a first home owner grant would be, or would have been, payable in relation to the property if consideration had been given for the transfer of the property; and
1.2 Paragraph 142(2)(a):
Omit the paragraph, substitute:
(a) from a person who would have been excluded from the operation of the FHOG Act section 16(1); and
Part 11—Explosives and Dangerous Goods Act 1961 (W.A.)(C.I.)
1 Section 17 (Notice of arrival of imported explosive)
1.1 Subsection 17(4):
Omit ‘Comptroller‑General of Customs of the Commonwealth,’, substitute ‘Comptroller of the Indian Ocean Territories Customs Service,’.
Part 12—Financial Institutions Duty Act 1983 (W.A.)(C.I.)
1 Section 3 (Interpretation)
1.1 Subsection 3(1) (definition of another State):
Omit ‘other than Western Australia’.
1.2 After subsection 3(1), insert:
(1A) A reference in this Act to a provision of the Companies (Western Australia) Code or the Securities Industry (Western Australia) Code is a reference to the provision of the Corporations Law that corresponds to the provision of the relevant Code.
2 Section 6 (Act to bind Crown)
2.1 Omit the section.
3 Section 11 (Financial institutions duty and short term dealings)
3.1 Subsection 11(1):
Omit ‘the amount comprising one‑tenth of’.
3.2 Subsection 11(1):
Omit ‘Australian‑based’, substitute ‘Territory’.
4 Section 15 (Trust fund account)
4.1 Paragraph 15(1)(a):
Omit the paragraph, substitute:
(a) that would be a dealer’s trust account for the purposes of the Corporations Law if that law were in force in the Territory; or
5 Section 27 (Returns by certified short term dealers)
5.1 Subsection 27(2):
Omit the subsection, substitute:
(2) For subsection (1), a return must:
(a) be in a form approved by the Commissioner; and
(b) contain the information required by the Commissioner.
6 Section 34 (Interpretation)
6.1 Add at the end:
(2) For section 35 and subsection 36(4), the question whether 2 corporations are related to each other is to be determined in the same manner as under the Corporations Law.
7 Section 35 (Grouping of corporations)
7.1 Subsection 35(1):
Omit ‘by reason of section 7(5) of the Companies (Western Australia) Code to be deemed, for the purposes of that Code, to be’.
7.2 Subsection 35(2):
Omit ‘deemed by reason of section 7(5) of the Companies (Western Australia) Code to be related for the purposes of that Code’, substitute ‘related’.
8 Section 36 (Grouping of commonly controlled businesses)
8.1 Subsection 36(4):
Omit ‘another corporation that is, by reason of section 7(5) of the Companies (Western Australia) Code to be deemed, for the purposes of that Code, to be related to it’, substitute ‘a related corporation’.
9 Other amendments—references to Western Australia
9.1 Amendments as set out in the following table:
Provision
omit
substitute
Subsection 3(1) (definition of agent)
Western Australia (twice occurring)
the Territory
Subsection 3(1) (definition of dutiable deposit)
Western Australia
the Territory
Subsection 3(1) (definition of dutiable receipt)
Western Australia
the Territory
Subsection 3(1) (definition of financial institution, subparagraph (a)(v))
Western Australia
the Territory
Subsection 3(1) (definition of financial institution, subparagraph (a)(viii))
Western Australia
the Territory
Subsection 3(1) (definition of financial institution, subparagraph (b)(i))
Western Australia
the Territory
Subsection 3(1) (definition of financial institution, subparagraph (b)(iii))
Western Australia
the Territory
Subsection 3(19)
Western Australia
the Territory
Paragraph 3(19e)(a)
Western Australia
the Territory
Subsection 5(1)
Western Australia
the Territory
Subsection 10(1)
Western Australia
the Territory
Subsection 12(1)
Western Australia
the Territory
Subsection 12(2)
Western Australia
the Territory
Paragraph 14(6)(b)
Western Australia
the Territory
Subsection 17(1)
Western Australia (twice occurring)
the Territory
Subparagraph 17(5)(b)(i)
Western Australia
the Territory
Subsection 26(2)
Western Australia
the Territory
Section 43
Western Australia
the Territory
Subsection 66(1)
Western Australia
the Territory
Section 68
Western Australia
the Territory
Paragraph 68(c)
Western Australia
the Territory
Paragraph 68(d)
Western Australia
the Territory
Subsection 69(1)
Western Australia
the Territory
Subsection 69(2)
Western Australia
the Territory
Part 13—Financial Institutions Duty Regulations 1984 (W.A.)(C.I.)
1 Amendments—references to Western Australia
1.1 Amendments as set out in the following table:
Provision
omit
substitute
Paragraph 5(5)(a)
Western Australia
the Territory
Paragraph 5(5)(b)
Western Australia
the Territory
Paragraph 7I(b)
Western Australia
the Territory
Schedule 1
Western Australia
the Territory
Part 14—Family Court Act 1975 (W.A.)(C.I.)
1 Section 6 (Creation of the Court)
1.1 Repeal the section.
2 Section 9 (Appointment of Judges)
2.1 Repeal the section.
3 Section 11 (Acting appointments)
3.1 Repeal the section.
Part 15—Fish Resources Management Act 1994 (WA) (CI)
1 At the end of section 42
Add:
(4) The Minister of the Commonwealth who administers this Act as in force in the Territory:
(a) must, as soon as practicable after the commencement of this subsection, establish an advisory committee under subsection (1); and
(b) despite subsection (3), ensure that at least one such committee is established at any time.
Part 15A—Fish Resources Management Regulations 1995 (WA) (CI)
1 Subregulation 3(1) (definition of day trip)
Repeal the definition, substitute:
day trip means a voyage undertaken by a person on a boat, except a voyage which has taken place over more than one day;
2 Subregulation 3(1) (definition of one day)
Repeal the definition, substitute:
one day means a period of 24 hours commencing at midnight;