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Competition Policy Reform (Western Australia) Act 1996
Div 23Transitional provisions
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Division 23 — Transitional provisions
151. Commissioner for Fair Trading
(1) On commencement, the person holding the office of Commissioner for Fair Trading immediately before commencement is to be taken to have been designated as the Commissioner or Registrar (as the case requires) for the purposes of each of the following enactments —
(a) the Associations Incorporation Act 1987;
(b) the *Business Names Act 1962*;
(c) the *Chattel Securities Act 1987*;
(d) the *Companies (Co‑operative) Act 1943*;
(e) Part 8 of the *Competition Policy Reform (Western Australia) Act 1996*;
(f) the *Consumer Affairs Act 1971*;
(g) the *Co‑operative and Provident Societies Act 1903*;
(h) the *Credit Act 1984*;
(i) the *Credit (Administration) Act 1984*;
(j) the *Employment Agents Act 1976*;
(k) the *Hire‑Purchase Act 1959*;
(l) the *Limited Partnerships Act 1909*;
(m) the *Motor Vehicle Dealers Act 1973*;
(n) the *Petroleum Products Pricing Act 1983*;
(o) the *Petroleum Retailers Rights and Liabilities Act 1982*;
(p) the *Residential Tenancies Act 1987*;
(q) the *Retirement Villages Act 1992*;
(r) the *Travel Agents Act 1985*.
(2) A thing done or omitted to be done by, to or in relation to, the Commissioner for Fair Trading (including in his or her capacity as the Prices Commissioner) before commencement under a provision of the *Consumer Affairs Act 1971* for the purposes of another enactment listed in subsection (1) has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done or omitted —
(a) by, to or in relation to, the Commissioner or Registrar (as the case requires) as defined in that other enactment as in force after commencement; and
(b) where relevant, under the corresponding provision of that other enactment as in force after commencement.
(3) To the extent that a thing done or omitted to be done by, to or in relation to, the Commissioner for Fair Trading (including in his or her capacity as the Prices Commissioner) before commencement under, or for the purposes of, an enactment listed in subsection (1) is not covered by subsection (2), it has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done or omitted by, to or in relation to, the Commissioner or Registrar (as the case requires) as defined in that enactment as in force after commencement.
(4) A thing done or omitted to be done by, to or in relation to, the Commissioner for Fair Trading before commencement under, or for the purposes of, an enactment not listed in subsection (1) has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done or omitted by, to or in relation to, the Commissioner as defined in the *Consumer Affairs Act 1971* as in force after commencement.
(5) A reference in an enactment to the Commissioner for Fair Trading is to have effect after commencement as if it had been amended to be a reference to —
(a) in the case of an enactment listed in subsection (1) or subsidiary legislation made under such an enactment — the Commissioner or Registrar (as the case requires) as defined in the enactment as in force after commencement; or
(b) in the case of any other enactment or subsidiary legislation — the Commissioner as defined in the *Consumer Affairs Act 1971* as in force after commencement.
152. Commissioner for Corporate Affairs and Registrar of Co‑operative and Financial Institutions
(1) A thing done or omitted to be done by, to or in relation to, the Commissioner for Corporate Affairs before commencement under, or for the purposes of, the *Companies (Co‑operative) Act 1943* has the same effect after commencement as if it had been done or omitted by, to or in relation to, the Registrar as defined in that Act as in force after commencement.
(2) A thing done or omitted to be done by, to or in relation to, the Registrar of Co‑operative and Financial Institutions before commencement under, or for the purposes of, the *Co‑operative and Provident Societies Act 1903* has the same effect after commencement as if it had been done or omitted by, to or in relation to, the Registrar as defined in that Act as in force after commencement.
153. *Consumer Affairs Act 1971*
Each office in existence immediately before commencement because of section 15(1) of the *Consumer Affairs Act 1971* does not cease merely because that subsection is repealed by this Act.
154. *Petroleum Products Pricing Act 1983*
Each office in existence immediately before commencement because of section 5(2)(b) of the *Petroleum Products Pricing Act 1983* does not cease merely because that paragraph is deleted by this Act.
155. Interpretation
In this Division —
commencement means the time at which this Division comes into operation;
Commissioner for Fair Trading means the Commissioner for Fair Trading referred to in section 15 of the *Consumer Affairs Act 1971* as in force before commencement;
Prices Commissioner means the Prices Commissioner referred to in section 5(1) of the *Petroleum Products Pricing Act 1983* as in force before commencement.
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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)**
acquisition of primary products by a government body under legislation 15(3)
application law 3(1)
Code 40
Commission 3(1)
Commissioner 45
Commonwealth administrative laws 29
Commonwealth Minister 8(6)
Competition Code 3(1)
Competition Code text 3(1)
Conduct Code Agreement 3(1)
Council 3(1)
cut‑off date 40
Department 45
executive officer 58(3)
executive officer of the State Administrative Tribunal 45
existing contract 40
government body 15(3)
information 60(3)
instrument 3(1)
jurisdiction 3(1)
law 3(1)
licence 15(3)
matter 45
modifications 3(1)
month 3(1)
officer 3(1)
operative date 40
participating jurisdiction 3(1)
primary products 15(3)
Schedule version of Part IV 3(1)
State 3(1)
State matter 45
Territory 3(1)
this jurisdiction 3(1)
Trade Practices Act 3(1)
Tribunal 3(1)