Gold Corporation Amendment Bill 2025
Part 2 Gold Corporation Act 1987 amended
s. 34
page 16
(c) in paragraph (b) delete “section 11, 18 or 50;” and1
insert:2
3
this Act or the GTE Act;4
5
(d) delete paragraph (c);6
(e) in paragraph (e) delete “their respective” and insert:7
8
its9
10
34. Section 56 inserted11
At the end of Part VIII insert:12
13
56. Deletion of commercially sensitive information from14
copies of annual reports15
(1) This section applies in relation to an annual report16
prepared by Gold Corporation under the Financial17
Management Act 2006 section 61.18
(2) The board may request the Minister to delete19
information that is of a commercially sensitive nature20
from a copy of the annual report (and any21
accompanying documents) relating to Gold22
Corporation that is to be laid before each House of23
Parliament.24
(3) The Minister must not agree to a request under25
subsection (2) unless the Auditor General gives a26
written opinion as to whether the information27
concerned is of a commercially sensitive nature.28
Gold Corporation Amendment Bill 2025
Gold Corporation Act 1987 amended Part 2
s. 35
page 17
(4) If the Minister agrees to a request under subsection (2),1
the copy of the annual report laid before each House of2
Parliament —3
(a) must include a statement that information has4
been deleted from the report under this section;5
and6
(b) must be accompanied by a copy of the Auditor7
General’s opinion under subsection (3).8
(5) If information that is of a commercially sensitive9
nature is deleted from a copy of the annual report under10
this section, the copy of the annual report without that11
information is sufficient for the purposes of the12
Minister complying with the Financial Management13
Act 2006 section 64.14
(6) Nothing in this section affects, or is intended to affect,15
the operation of the Parliamentary Papers Act 1891 or16
the Parliamentary Privileges Act 1891.17
18
35. Section 67 amended19
(1) In section 67(1):20
(a) delete “Corporation, the Mint or GoldCorp — ” and21
insert:22
23
Corporation —24
25
(b) in paragraph (a) delete “Corporation, the Mint, or26
GoldCorp, as the case may require,” and insert:27
28
Corporation29
30
Gold Corporation Amendment Bill 2025
Part 2 Gold Corporation Act 1987 amended
s. 35
page 18
(c) in paragraph (b) and (c) delete “Corporation, the Mint or1
GoldCorp, as the case may require,” and insert:2
3
Corporation4
5
(d) in paragraph (d) delete “Corporation, the Mint or6
GoldCorp shall not be” and insert:7
8
Corporation is not to be9
10
(2) In section 67(2):11
(a) delete “Corporation, the Mint or GoldCorp” and insert:12
13
Corporation14
15
(b) delete “the Mint, or GoldCorp,”.16
(3) At the end of section 67 insert:17
18
(3) Subsection (4) applies if —19
(a) any of the following material is smelted,20
sampled, assayed, refined or otherwise worked21
at premises owned, operated or controlled by22
Gold Corporation —23
(i) gold;24
(ii) ore or dore bearing any gold;25
(iii) an alloy of gold;26
and27
(b) after the normal working procedures have been28
carried out and the material worked has been29
Gold Corporation Amendment Bill 2025
Gold Corporation Act 1987 amended Part 2
s. 36
page 19
delivered to or on behalf of the person for1
whom the work was done, a residue remains —2
(i) in equipment used to assay, refine,3
sample, smelt or otherwise work the4
material; or5
(ii) at the premises.6
(4) The residue mentioned in subsection (3)(b) vests in7
Gold Corporation absolutely as though it had been gold8
purchased in good faith by Gold Corporation.9
10
Note: The heading to amended section 67 is to read:11
Title to gold12
36. Section 68 amended13
Delete section 68(2).14
37. Section 70 amended15
(1) In section 70(1) delete “and the employees of the Mint and16
GoldCorp”.17
(2) In section 70(2) delete “Gold Corporation, the Mint and18
GoldCorp” and insert:19
20
Gold Corporation21
22
38. Sections 71 to 73 deleted23
Delete sections 71 to 73.24
39. Section 74 amended25
(1) Delete section 74(1) and (2).26
Gold Corporation Amendment Bill 2025
Part 2 Gold Corporation Act 1987 amended
s. 39
page 20
(2) In section 74(3) delete “the Mint or any record affecting or1
relating to affairs of the Mint” and insert:2
3
Gold Corporation or any record affecting or relating to affairs of4
Gold Corporation5
6
(3) In section 74(3) delete the Penalty and insert:7
8
Penalty for this subsection: imprisonment for 2 years9
and a fine of $10 000.10
11
(4) In section 74(4) delete “the Mint” and insert:12
13
Gold Corporation14
15
(5) In section 74(4) delete the Penalty and insert:16
17
Penalty for this subsection: imprisonment for 2 years18
and a fine of $10 000.19
20
(6) In section 74(6) delete the definitions of:21
information22
to divulge23
to produce24
(7) In section 74(6) in the definition of record delete “stored;” and25
insert:26
27
stored.28
29
Gold Corporation Amendment Bill 2025
Gold Corporation Act 1987 amended Part 2
s. 40
page 21
40. Section 77 amended1
(1) In section 77 delete “The” and insert:2
3
(1) The4
5
(2) At the end of section 77 insert:6
7
(2) Regulations under this Act may be expressed to prevail8
over regulations made under the GTE Act.9
(3) Regulations in reliance on subsection (2) must not be10
made except on the recommendation of —11
(a) the Minister; and12
(b) the Minister to whom the administration of the13
GTE Act is committed.14
(4) If, and to the extent that regulations under this Act are15
so expressed, in the event of a conflict or inconsistency16
between a provision of those regulations and a17
provision of regulations made under the GTE Act, the18
former provision prevails.19
20
41. Section 78 deleted21
Delete section 78.22
Gold Corporation Amendment Bill 2025
Part 2 Gold Corporation Act 1987 amended
s. 42
page 22
42. Part 10 inserted1
At the end of Part IX insert:2
3
Part 10 — Transitional provisions for Gold4
Corporation Amendment Act 20255
Division 1 — Preliminary6
79. Terms used7
In this Part —8
GoldCorp means the subsidiary of Gold Corporation9
known as GoldCorp Australia constituted under10
repealed section 48;11
Mint means the Western Australian Mint preserved and12
continued in existence under repealed section 35.13
80. Transitional regulations14
(1) In this section —15
publication day, for transitional regulations, means the16
day on which the transitional regulations are published17
in accordance with the Interpretation Act 198418
section 41(1)(a);19
specified, in relation to transitional regulations, means20
specified or described in the transitional regulations;21
transitional matter —22
(a) means a matter of a transitional nature that23
arises as a result of an amendment made under24
the Gold Corporation Amendment Act 2025;25
and26
(b) includes a saving or application matter;27
transitional regulations means regulations referred to28
in subsection (2).29
Gold Corporation Amendment Bill 2025
Gold Corporation Act 1987 amended Part 2
s. 42
page 23
(2) If there is not sufficient provision in this Act for1
dealing with a transitional matter, regulations under2
this Act may prescribe all matters that are required or3
necessary or convenient to be prescribed for dealing4
with the matter.5
(3) Transitional regulations may provide that specified6
provisions of a written law —7
(a) do not apply to or in relation to a specified8
matter; or9
(b) apply with specified modifications to or in10
relation to any matter.11
(4) Transitional regulations cannot be made after the end12
of the period of 2 years beginning on the day on which13
this section comes into operation.14
(5) If transitional regulations provide that a specified state15
of affairs is taken to have existed, or not to have16
existed, on and after a day that is earlier than17
publication day but not earlier than the day on which18
this section comes into operation, the transitional19
regulations have effect according to their terms.20
(6) If transitional regulations contain a provision referred21
to in subsection (5), the provision does not operate so22
as to —23
(a) affect in a manner prejudicial to any person24
(other than the State or an authority of the25
State) the rights of that person existing before26
publication day; or27
(b) impose liabilities on any person (other than the28
State or an authority of the State) in respect of29
anything done or omitted to be done before30
publication day.31
Gold Corporation Amendment Bill 2025
Part 2 Gold Corporation Act 1987 amended
s. 42
page 24
Division 2 — Transfer orders1
81. Terms used2
In this Division —3
asset —4
(a) means any legal or equitable estate or interest5
(whether present or future, whether vested or6
contingent and whether personal or assignable)7
in real or personal property of any description;8
and9
(b) includes any money, security, chose in action or10
document;11
business day means a day other than a Saturday, a12
Sunday or a public holiday;13
liability means any liability, duty or obligation whether14
actual, contingent or prospective, liquidated or15
unliquidated, and whether owed alone or jointly, or16
jointly and severally with any other person;17
statutory subsidiary means the Mint or GoldCorp;18
transfer order has the meaning given in section 82(1).19
82. Minister may make transfer orders20
(1) The Minister may, by order (a transfer order)21
published in the Gazette, specify all or any of the22
following —23
(a) the assets or liabilities that are to be transferred24
from a statutory subsidiary to Gold25
Corporation, as specified in the order;26
(b) the proceedings in which Gold Corporation is27
to be substituted for a statutory subsidiary as a28
party;29
Gold Corporation Amendment Bill 2025
Gold Corporation Act 1987 amended Part 2
s. 42
page 25
(c) the agreements or instruments relating to1
anything transferred that are to have effect as if2
a reference to a statutory subsidiary were a3
reference to Gold Corporation in the agreement4
or instrument, unless otherwise expressly5
specified in the order;6
(d) the time (the transfer time) at which a matter7
mentioned in paragraphs (a) to (c) is to happen.8
(2) A transfer order may also deal with any matter that is9
incidental or supplementary to a matter mentioned in10
subsection (1)(a) to (c).11
(3) The transfer time for a transfer order must be after the12
day on which the order is published in the Gazette.13
(4) If the transfer time for a transfer order is specified by14
reference to when a thing is done, the Minister must15
ensure that notice of the time when the thing is done is16
published in the Gazette.17
(5) A person or thing may be specified in a transfer order18
by describing the person or thing as a member of a19
class.20
(6) A transfer order may specify persons or things by21
reference to schedules that —22
(a) need not be published in the Gazette; but23
(b) must be available for public inspection on24
business days at the place and between the25
times specified in the transfer order for26
6 months after the day on which the transfer27
order is published in the Gazette.28
(7) A person or thing specified in a schedule for a transfer29
order is taken to be specified in the transfer order.30
Gold Corporation Amendment Bill 2025
Part 2 Gold Corporation Act 1987 amended
s. 42
page 26
(8) Before a transfer order is made specifying anything by1
reference to a schedule, the Minister must consult each2
relevant official to whom a copy of the schedule must3
be given under section 87(2) about the form and4
content of the schedule for the purpose of facilitating5
the recording and registration of instruments or6
documents as required by section 87(3)(b).7
(9) The Minister may, by order published in the Gazette,8
amend a transfer order or a schedule for a transfer9
order, but only —10
(a) before the transfer time for the order; and11
(b) with the consent of the transferee.12
(10) The Minister’s power to make a transfer order under13
this section expires 2 years after the day on which this14
section comes into operation.15
83. Consequences of transfer orders16
(1) In this section —17
specified, in relation to a thing and a transfer order,18
means the thing as specified in the transfer order.19
(2) A transfer order has effect at the transfer time for the20
order as follows —21
(a) a specified asset is transferred to, and becomes22
an asset of, Gold Corporation;23
(b) a specified liability is transferred to, and24
becomes a liability of, Gold Corporation;25
(c) Gold Corporation is substituted for a statutory26
subsidiary as a party to any specified27
proceedings;28
(d) a specified agreement or instrument has effect29
as if a reference to a statutory subsidiary were a30
Gold Corporation Amendment Bill 2025
Gold Corporation Act 1987 amended Part 2
s. 42
page 27
reference to Gold Corporation unless otherwise1
specified in the transfer order;2
(e) any proceedings or remedy that might have3
been commenced by, or available against or to,4
a statutory subsidiary in relation to an asset or5
liability transferred by paragraph (a) or (b) may6
be commenced by, or are available against or7
to, Gold Corporation;8
(f) anything relating to an asset or liability9
transferred by paragraph (a) or (b) that was10
done or omitted to be done by, to or in respect11
of a statutory subsidiary before the transfer and12
is of any effect is taken to have been done or13
omitted to be done by, to or in respect of Gold14
Corporation.15
(3) The transfer of an asset, right or liability under this16
Division —17
(a) happens by operation of this section without the18
need for any conveyance, transfer, assignment19
or assurance, or any prior notice or further act;20
and21
(b) is exempt from any tax, duty, levy, charge or22
fee that would otherwise be imposed or23
recoverable under a written law; and24
(c) has effect despite any other written law or25
instrument.26
(4) The exemption in subsection (3)(b) extends to anything27
done (including a transaction entered into or an28
instrument or document of any kind made, executed,29
lodged or given) to give effect to, or in connection30
with, the transfer of an asset, right or liability under31
this Division.32
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Part 2 Gold Corporation Act 1987 amended
s. 42
page 28
(5) The Minister may certify in writing that —1
(a) a specified thing occurred by operation of this2
Division; or3
(b) a specified thing was done under this Division,4
or to give effect to this Division, or for a5
purpose connected with or arising out of giving6
effect to this Division.7
(6) For all purposes and in all proceedings, a certificate8
under subsection (5) is sufficient evidence of the9
matters it certifies, unless the contrary is shown.10
84. Completion of transactions for this Division11
If a transfer order cannot to any extent have the effect12
sought to be achieved by this Division (whether13
because a matter is governed otherwise than by a law14
of this State or for any other reason), the Minister,15
Gold Corporation and the relevant statutory subsidiary16
must each take all practicable steps to achieve that17
effect as soon as possible after the transfer time for the18
order.19
85. Effect of arrangements internal to transferors20
(1) An instrument that provides for arrangements between21
different parts of a statutory subsidiary’s business or22
undertaking may be specified in a transfer order as if it23
created contractual rights and liabilities.24
(2) An instrument specified as described in subsection (1)25
is to be regarded as if its provisions were contractual26
provisions between different legal entities.27
(3) A contractual right or liability that is to be regarded as28
arising because of subsection (2) is transferable under29
this Division.30
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Gold Corporation Act 1987 amended Part 2
s. 42
page 29
86. Delivery and access to records1
(1) In this section —2
personal information has the meaning given in the3
Freedom of Information Act 1992 Glossary clause 1;4
record includes a register, minute, receipt, book of5
account or another document (however compiled,6
recorded or stored);7
relevant record, in relation to a transfer order, means a8
record relating to an asset, liability, agreement,9
instrument or proceeding specified in the transfer10
order.11
(2) The Minister may give a statutory subsidiary under a12
transfer order a direction (whether in the transfer order13
or otherwise in writing) as to which relevant records, or14
classes of relevant records, in the possession or control15
of the statutory subsidiary must be delivered to or16
shared with, or be able to be accessed by, Gold17
Corporation under the transfer order.18
(3) The statutory subsidiary must deliver to or share with19
Gold Corporation, or enable Gold Corporation to have20
access to, relevant records in accordance with the21
direction.22
(4) The statutory subsidiary and Gold Corporation must23
make arrangements for the delivery or sharing of, or24
access to, relevant records in accordance with the25
direction.26
(5) This section authorises the transfer of personal27
information, including authorising a statutory28
subsidiary to transfer the information, and Gold29
Corporation to collect the information, in accordance30
with the direction mentioned in subsection (2).31