Industry and Technology Development Act 1998

The Act organises its regulatory architecture around a small set of core concepts that determine powers, duties and accountability.

• Minister as corporate entity. Section 5 preserves a body corporate “constituted by the Minister” under the repealed Act and continues that corporate identity. The body corporate has perpetual succession and may sue and be sued (s 5(1)-(3)). The Minister therefore acts both as a Minister of State and as a public corporate actor with property and contractual capacity.

• Objects and functions. The objects in s 3 set the policy goals. The Minister’s functions in s 6 translate those objects into operational tasks: policy promotion, infrastructure facilitation, technology parks, overseas promotion, commercialisation of public-sector IP, providing consultative services for profit, exploiting IP vested in the Minister, and providing financial support (s 6(a)-(k)).

• Financial support and guidelines. “Financial support” is a defined term (s 4) and the Act lists the permissible forms at s 9 (grants, loans, subsidies, guarantees, indemnities, concessions on State taxes/duties/charges, and “any other direct or indirect financial support”). The Minister must approve “industry support guidelines” (s 10) which govern provision of financial support; supports outside guidelines are limited by prescribed thresholds and require Treasurer approval for guarantees, indemnities and concessions (s 11).

• Account and public financial management. The Act establishes the Western Australian Industry and Technology Development Account as an agency special purpose account under the Financial Management Act 2006 (s 15(1)). The Account receives Parliamentary appropriations, borrowed funds and other receipts and is charged with delivering the Act’s purposes (s 15(2)-(3)). The Financial Management Act 2006 and Auditor General Act 2006 apply (s 19).

• Treasurer’s role and fiscal controls. Borrowing and guarantees are subject to Treasurer approvals and conditions: Ministerial borrowing requires prior written approval and annual limits set by the Treasurer (s 7(3)); the Minister may borrow from the Treasurer on terms the Treasurer approves (s 16); the Treasurer may guarantee borrowing from third parties provided security and instruments are in place (s 17-18). Guarantees convert into State liability and appropriation mechanics are specified (s 18).

• Departmental structure and staffing. The Act contemplates a department (defined in s 4) and requires a chief executive officer to be appointed under the Public Sector Management Act 1994 (s 12). The CEO administers day-to-day operations (s 12(2)). Staffing can be via Public Service appointment or contracts, but with restrictions on engaging persons resident in WA or primarily working in WA via contracts outside the Public Sector Management Act (s 13).

• Technology parks. The Minister may declare areas of land to be technology parks (s 27), with Gazettal description and name (s 27(1)-(3)). The Governor may make regulations about construction, use, design, landscaping and prohibiting activities, and regulations may create offences (s 31(2)-(4)).

• Confidentiality and legal protections. Persons exercising functions under the Act are subject to broad confidentiality obligations (s 29), with explicit exceptions and a penalty of $25,000 or 2 years imprisonment, or both. There is a statutory bar on tort suits against persons acting under the Act (s 28), although the Crown’s liability is not displaced (s 28(3)).

• Transitional continuity. Schedule 2 preserves prior technology park declarations, transfers assets and liabilities from earlier Acts (Industry (Advances) Act 1947, Inventions Act 1975), credits the Inventions Assistance Trust Fund to the new Account, and provides for continued consideration of applications made under the repealed Acts (Sch 2).

The Act contains consequential cross-references to the Public Sector Management Act 1994, Financial Management Act 2006, Auditor General Act 2006 and the Interpretation Act 1984 via Schedule 2 (notably s 12 re CEO appointment, s 15 re Account, s 19 re applicability of FMA/Auditor General Act, and Sch 2’s savings and transfers).

Directly affected parties

• The Minister and the department. The primary decision-maker under the Act is the Minister, who operates as a body corporate with powers to acquire property, enter contracts, charge fees, lend, grant and otherwise provide financial support (s 5, s 6, s 7). The department , the public service entity principally assisting the Minister , is the operative administrative organ defined at s 4; the CEO is appointed under the Public Sector Management Act 1994 to run day-to-day operations (s 12).

• Applicants for financial support. Any person or entity carrying on “industry” as defined (which expressly includes activities in trade, commerce, manufacturing and research and development of commercially focused innovative ideas, technologies or products , s 4) can be a recipient. The definition expressly includes activities undertaken by one or more persons “whether or not a legal or economic entity or a government trading enterprise” (s 4), so private companies, partnerships, individuals and even government trading enterprises (as defined) fall within potential recipients.

• State agencies and instrumentalities. The Minister’s functions include commercialising IP from departments and State agencies (s 6(g)), using departmental expertise for profit (s 6(h)) and acting in conjunction with departments, agencies and local governments (s 7(2)(g)). These provisions affect the allocation of IP rights and the potential commercial roles of agencies.

• The Treasurer and central financial agencies. The Treasurer controls borrowing, limits, and must approve guarantees, indemnities and concessions in many cases (s 7(3), s 11(3)-(4), s 16-18). The Financial Management Act and Auditor General Act apply to the department and Account (s 19), so central financial controls and audit oversight attach.

• Persons working for the department or providing information to it. Staff are appointed or seconded (s 13, s 14). Those who “perform any function, or exercise any power, under this Act” are subject to confidentiality obligations and criminal penalty for unauthorised disclosure (s 29).

• Landholders and local communities around technology parks. Gazetted technology parks (s 27) bring regulatory rules enacted by the Governor in Council (s 31) that can restrict building design, siting, land use, activities and changes in use. The regulations may create offences and penalties (s 31(2)-(4)).

Indirectly affected parties

• Counterparties and lenders. The Minister’s ability to borrow, obtain guarantees from the Treasurer and provide security affects lenders and financiers who engage with the Minister or recipients of financial support (s 7, s 16-18).

• Competitors and markets. The Act’s provisions enabling the Minister to fix fees (s 7(2)(f)), provide financial support in many forms (s 9), and engage in commercial exploitation of IP (s 6(i)-(j)) create state-backed interventions in markets that will affect competitors and market entry, subject to the scope of the Minister’s exercise.

• Persons with trade secrets or commercially valuable information. Confidentiality provisions prohibit disclosure in reports prepared under the Financial Management Act 2006 without written consent, specifically protecting trade secrets and commercially valuable information (s 29(3)).

Excluded/limited groups or activities

• Some activities are constrained by external written law. Concessions on taxes, duties or charges are explicitly made subject to the written law imposing those liabilities and require the agreement of the Minister responsible for that law (s 11(5)).

• Government trading enterprises are included in the definition of “industry” but are separately defined (s 4), and activities of the Minister are taken to be expressly authorised for the purposes of the State Trading Concerns Act 1916 (s 7(5)), which may affect how those activities are categorised for statutory oversight.

Geographic and temporal scope

• The Act is state-wide in Western Australia and applies from its commencement date as proclaimed (s 2). Transitional provisions in Schedule 2 apply to functions, assets, liabilities and applications carried across from the repealed Acts on the commencement day.

Duties imposed on the Minister, department and officials

• Promote objects and perform functions. The Minister is obliged to promote the Act’s objects and perform the enumerated functions (s 6). Those functions create an administrative duty to operate in support of industry, science and technology, to establish technology parks and provide financial support (s 6(a)-(k)).

• Approve and follow guidelines for financial support. The Minister must approve industry support guidelines for provision of financial support (s 10(1)). Financial support is to be provided in accordance with the guidelines (s 11(1)), except where other statutory provisos allow support without guidelines up to prescribed amounts (s 11(2)) or where Treasurer approval is required (s 11(3)-(4)).

• Financial and reporting duties. The Minister must manage the Account in accordance with the Financial Management Act 2006 (s 15), and the department is subject to the financial administration, audit and reporting provisions of the Financial Management Act 2006 and Auditor General Act 2006 (s 19). These impose obligations on record-keeping, appropriation compliance and auditability.

• Delegation and administrative formalities. Delegations must be in writing (s 8(6)). The Minister may delegate functions or powers except the power to delegate (s 8(1)), and delegations to the CEO may authorise subdelegation (s 8(2)). A delegate acts for the Minister (s 8(3)).

• Confidentiality and secrecy. Persons performing functions under the Act must not record, disclose or make use of information obtained except for enumerated purposes or with written consent (s 29(2)). Disclosure of trade secrets or commercially valuable information is further restricted, with criminal penalty (s 29(3)).

• Execution formalities. The Minister must use a common seal and adhere to formal execution rules for documents, or authorise officers to sign on the Minister’s behalf (s 30). Documents purporting to be executed properly are presumed valid until the contrary is proved (s 30(6)-(7)).

Rights conferred

• Power to provide specified financial support. The Minister has the statutory right to provide the forms of financial support listed in s 9, subject to guidelines and Treasurer approvals where required. This includes the right to provide concessions on State taxes and duties, subject to other written laws and agreement of the administering Minister (s 11(5)).

• Property and contract rights. The Minister may acquire, hold, manage, develop and dispose of real and personal property, and enter into contracts or arrangements (s 7(2)(a)-(b)), and the Minister’s corporate status allows suing and being sued (s 5(3)).

• Borrowing and guarantees under conditions. The Minister may borrow with Treasurer approval (s 7(3); s 16), and the Treasurer may guarantee the Minister’s borrowing (s 17), subject to required security and executed instruments (s 17(3)).

• Protection from tort claims. Individuals performing functions under the Act have statutory protection from actions in tort for things done in the performance or purported performance of functions under the Act (s 28(1)), although Crown liability remains (s 28(3)).

• Regulatory control over technology parks. The Minister may declare technology parks and the Governor may make detailed regulations governing land use and activities within parks (s 27; s 31). The Minister may also amend or revoke technology park notices (s 27(2)).

Limits and procedural checks

• Treasurer’s prior approvals. Guarantees, indemnities and concessions require the Treasurer’s prior written approval in each case (s 11(3)). Any financial support not otherwise contemplated may still be provided only with the Treasurer’s prior written approval (s 11(4)). Borrowing and investment of Account funds require Treasurer approval in procedure and limits (s 7(3), s 7(2)(h)).

• Guidelines cannot be inconsistent with the Act or regulations (s 10(3)), but the Act gives the Minister wide discretion to adopt, revise or revoke guidelines (s 10(2)).

• Concessions subject to other written law. The power to grant concessions on State tax, duty or charge is limited by the relevant written law and requires agreement of the Minister administering that law (s 11(5)).

Criminal and civil exposure under the Act

• Confidentiality penalty. Section 29 provides criminal and monetary penalties for breaches of confidentiality. The penalty stated in the Act is $25,000 or 2 years imprisonment, or both (s 29). The prohibition is framed broadly and applies to persons performing functions under the Act (s 29(1)-(2)). There are specific carve-outs for lawful disclosures under the Act, other written laws, with written consent, for investigations or proceedings, or at the written direction of the Minister to inform the general public (s 29(2)(a)-(e)). However, subsection (3) expressly prevents public disclosure or report references to trade secrets or commercially valuable information without written consent (s 29(3)).

• Regulatory offences by regulation. The Governor in Council may make regulations in relation to technology parks and other matters (s 31). Regulations may create offences and prescribe penalties not exceeding $5,000 (s 31(4)). The Act does not list particular regulatory offences; it leaves offence design and maximum penalty to regulations.

• Tort immunity for agents. Section 28 excludes actions in tort against a person for acts or omissions done in the performance or purported performance of functions or powers under the Act (s 28(1)-(2)). This statutory protection reduces personal civil exposure for public officials or contractors acting under the Act’s authority. It does not, however, remove Crown liability (s 28(3)).

Enforcement architecture and oversight

• Treasurer’s financial oversight. The Treasurer’s role in approving borrowings, guarantees and certain forms of financial support (s 7(3), s 11(3)-(4), s 16-18) creates an internal financial control point. Guarantees are conditioned on security and execution of necessary instruments (s 17(3)), and payment under guarantees is charged to the Consolidated Account with appropriation mechanics (s 18).

• Financial management and audit. The Financial Management Act 2006 and Auditor General Act 2006 apply to the department and Account (s 19), thereby imposing statutory audit, reporting and financial administration duties. Section 29(4) preserves sections 81 and 82 of the Financial Management Act 2006 from being displaced, indicating the Act’s intent to retain core FMA transparency and reporting mechanics alongside confidentiality protections.

• Presumptions for execution and transfers. Documents purporting to bear the Minister’s common seal are presumed valid until contrary proven (s 30(6)-(7)). Schedule 2 contains presumptions for transfers of assets and liabilities from the prior Acts: statements that an asset has become vested in the Minister or that the Minister has become responsible for a liability are presumed true until the contrary is proved (Sch 2 cl 10). These presumptions ease administrative continuity but shift evidentiary burdens.

Practical enforcement considerations

• Criminal prosecutions under s 29 require proving unauthorised disclosure or use of protected information; the Act defines exceptions and carves out trade-secrets protections in reporting (s 29(3)), which complicates public reporting obligations. Officials and contractors must be trained on what can be disclosed, and processes must be in place to obtain written consents where trade secrets are involved.

• Regulatory offences created under s 31 will depend on the content of future regulations; stakeholders operating in technology parks or dealing with park governance must watch regulation-making and compliance dates.

• Treasurial approvals create de facto veto points for substantial financial support, guarantees and borrowing, which can slow or prevent certain transactions if the Treasurer requires security or imposes conditions (s 7(3), s 11(3), s 17(3)).

Direct cross‑references and statutory embedding

• Financial Management Act 2006 and Auditor General Act 2006. The Act expressly makes the department and the Account subject to the Financial Management Act 2006 and Auditor General Act 2006 (s 19). It further creates the Account as an agency special purpose account under s 16 of the Financial Management Act 2006 (s 15(1)). Section 29(4) preserves sections 81 and 82 of the Financial Management Act 2006. The practical effect is that appropriation, reporting, audit, and financial controls mandated by those statutes apply to the Minister’s department and the Account.

• Public Sector Management Act 1994. The chief executive officer is to be appointed under Part 3 of the Public Sector Management Act 1994 (s 12(1)), and other public service officers may be appointed or made available under that Act (s 13(1)). The CEO’s appointment and staffing decisions must therefore comply with Public Sector Management Act rules; subsection 13(4) preserves operation of s 100 of that Act.

• Interpretation Act 1984. Schedule 2 expressly states the Interpretation Act 1984 is not affected (Sch 2 cl 11), and s 8(5) incorporates sections 58 and 59 of the Interpretation Act 1984 in relation to subdelegations. These provisions ensure interpretive norms and delegation rules under the Interpretation Act apply to this statute.

• State Trading Concerns Act 1916. The Act declares that the Minister’s activities are to be taken as expressly authorised by Parliament for purposes of the State Trading Concerns Act 1916 (s 7(5)). This explicit authorisation may affect how the Minister’s commercial activities are characterised for wider statutory frameworks that regulate State trading concerns.

Interplay with other Crown and Ministerial duties

• Concessions subject to administering legislation. Financial concessions on taxes, duties or charges are subject to any written law imposing those liabilities and require agreement of the Minister responsible for administering that written law (s 11(5)). This preserves existing tax and duty schemes and requires inter-Ministerial cooperation for concessions.

• Guarantees and Consolidated Account mechanics. The Treasurer’s guarantee creates State liability and is appropriated from the Consolidated Account (s 17-18), pulling the Minister’s financial operations into the State’s central fiscal architecture. The Treasurer must cause amounts recovered on guarantee payments to be credited back to the Consolidated Account (s 18(3)).

Transitional interactions with repealed Acts

• Repeal and continuity. The Act repeals the Technology and Industry Development Act 1983, Industry (Advances) Act 1947, and Inventions Act 1975 (s 33(1)). Schedule 2 contains transitional provisions that preserve technology park declarations, secrecy obligations, staff contracts, money in trust funds (especially crediting the Inventions Assistance Trust Fund to the new Account, Sch 2 cl 5), and transfers assets, liabilities and records to the Minister (Sch 2 cl 2-8). Applications made under the repealed Acts that had not been finally determined are to be considered under this Act (Sch 2 cl 6).

Potential regulatory tensions and administrative friction

• Confidentiality vs FMA reporting. Section 29’s confidentiality constraints interact with the Financial Management Act’s public reporting and audit requirements (s 19). Section 29(4) expressly preserves FMA sections 81 and 82, but s 29(3) prevents inclusion of trade secrets or commercially valuable information in reports under the FMA without written consent. This creates a procedural interface requiring redaction protocols, consent processes and careful audit coordination.

• Delegation and Public Sector Act constraints. The Minister may delegate to the CEO and the CEO may subdelegate (s 8). However, CEO appointment and staffing are governed by the Public Sector Management Act 1994; the Act also restricts the CEO’s ability to engage persons under contract if their principal residence is in WA or the services are to be provided predominantly in WA (s 13(2)-(3)), a constraint that sits alongside general public sector employment law.

• Overlap with local and planning laws for technology parks. Regulations under s 31 may operate “in addition to any other law” (s 31(3)), which means technology park regulations could create parallel building, land-use or environmental obligations that sit on top of existing local government or State planning regimes.

Statutory amendments and reprints recorded in the compilation table and in-section notes show several edits and consequential acts since enactment in 1998.

Key compilation and amendment entries

• Original Act: Industry and Technology Development Act 1998, No. 13 of 1998; assent 20 May 1998; commencement 1 July 1998 (compilation table).

• Corporations (Consequential Amendments) Act 2001, s 220 (No. 10 of 2001), assent 28 June 2001, commencement 15 July 2001. The compilation table records this amendment but the text does not show the exact substantive changes preserved here; the reprint from 2003 includes it.

• Financial Legislation Amendment and Repeal Act 2006 (No. 77 of 2006): sections 4, 5(1) and 17 amended the Act and came into operation 1 Feb 2007. These amendments are indicated by in-text notes, including amendments to ss 15 and 18 (see notes to s 15 and s 18). Section 19 was also amended (note to s 19).

• Public Sector Reform Act 2010 (No. 39 of 2010), s 89; assent 1 Oct 2010; commencement 1 Dec 2010. The compilation table records this as a later amendment affecting public sector machinery; in-text notes reflect consequent changes.

• Industry and Technology Development Amendment Act 2021 (No. 24 of 2021), Pt 2: assent 3 Dec 2021; commenced 4 Dec 2021. Multiple in-text notes reference amendments: long title amended, s 4 amended (definitions), s 6 amended (deletion of an item and other edits), s 15 and s 19 amended, Part 6 (s 20-26) deleted by s 8 of the 2021 Act, Schedule 1 deleted, and s 32 amended (review of Act). The schedule and in-text bracketed notes identify these changes.

In-text amendment markers

• Section 4: amended by No. 24 of 2021 s 5; this reflects updated definitions including Account, department, financial support and others.

• Section 6: amended by No. 24 of 2021 s 6; the text shows item (d) deleted and other modernisations.

• Section 15: amendments recorded from No. 77 of 2006 s 17 and No. 24 of 2021 s 7.

• Section 18: amended by No. 77 of 2006 s 4 and s 5(1).

• Section 19: amended by No. 77 of 2006 s 17.

• Part 6 deletion: Part 6 (ss 20-26) has been deleted in the 2021 amendments (No. 24 of 2021 s 8); bracketed note flags that deletion.

• Schedule 1 deleted under No. 24 of 2021 s 10.

Practical implications of amendments

• The 2006 Financial Legislation amendments aligned the Act with the Financial Management Act 2006, creating the Account as an agency special purpose account and updating appropriation/guarantee mechanics; these changes integrated the Minister’s financial operations into modern State financial management and audit frameworks (see s 15, s 18, s 19 and associated notes).

• The 2010 Public Sector Reform Act and the 2021 Industry and Technology Development Amendment Act modernised the departmental and administrative machinery. The 2021 amendments appear to have simplified or removed Part 6 and adjusted definitions and functions; the in-text notes mark deletion of some functions and structural changes in ss 4, 6, 15 and 32, reflecting an administrative reconfiguration.

• The compilation table lists reprints and the main amending Acts with dates and commencement, which is the statutory record for legal history and provides entry points for practitioners to review changes over time.

What remains to be checked in secondary materials

• The Act’s compilation notes identify the amendments but do not provide the full text of amending Acts. For detailed drafting history and exact wording before/after each amendment, review the cited amending Acts: Corporations (Consequential Amendments) Act 2001, Financial Legislation Amendment and Repeal Act 2006, Public Sector Reform Act 2010, Industry and Technology Development Amendment Act 2021 and their schedules. The in-text notes indicate which sections were amended, but practitioners should inspect the amendment instruments and reprints to trace precise textual changes and transitional arrangements.

Primary source silence

• The legislation text and compilation provided do not cite any judicial decisions, and the Act itself does not list any cases. No litigation history is recorded in the source material provided. Where a statute references case law or administrative rulings, it would appear in the official notes; it does not here.

Implications for research and practice

• Absence of cases in the statute means published judicial interpretation must be sourced externally. Practitioners wanting to understand how courts have interpreted the Act’s scope, the Minister’s discretion, confidentiality obligations, tort immunity provision (s 28) or the limits of financial support should perform case law searches in Westlaw AU, Lexis or state law reports for decisions citing the Industry and Technology Development Act 1998.

• Pay attention to litigation areas that are likely to arise and where judicial interpretation may be influential: (a) scope of “financial support” and the application or limits of guidelines (s 9-11); (b) the Minister’s statutory tort immunity and the boundary between actions “in the performance” and acts that would attract liability (s 28); (c) confidentiality exceptions and the interplay with Financial Management Act disclosure duties (s 29); (d) the legal status of technology park regulations and whether they pre‑empt or conflict with local planning laws (s 31); and (e) Treasurer approvals and whether procedural prerequisites give rise to lawful expectations or justiciable administrative review.

• Transitional and contractual litigation lines: Schedule 2’s transfer provisions (Sch 2 cl 7-8) create presumptions about vesting of assets and liabilities and preservation of agreements and proceedings. Disputes about the validity of transferred instruments, or whether particular liabilities were assumed, could generate litigation and would call for careful attention to the presumptive language in Sch 2 cl 10 and the evidentiary rules.

Recommended immediate actions for legal teams

• Conduct a targeted case-law search for decisions referencing s 29 confidentiality breaches, s 28 tort immunity, any challenges to the provision of financial support under s 9-11, and technology park regulation enforcement under s 31.

• Review any administrative determinations, Tribunal decisions, or Ombudsman reports concerning dealings under this Act, especially where the Minister’s discretion to grant financial support or to impose conditions has been exercised.

• If advising clients planning to apply for financial support, check for any litigation that clarifies the standards governing the Minister’s discretionary decision-making and the interplay with Treasurer approvals.

Several concrete procedural traps, statutory tensions and operational risks arise directly from the Act’s text. Practitioners should note these friction points and their statutory sources.

Confidentiality and reporting tension (s 29; s 19)

• The Act imposes a stiff criminal penalty for unauthorised disclosure of information obtained under the Act (s 29). At the same time, the Financial Management Act and Auditor General Act apply to the department and Account (s 19), requiring financial reporting and audit. Section 29(3) prevents public disclosure of trade secrets or commercially valuable information in reports under the Financial Management Act without written consent. Practitioners must implement processes to reconcile audit transparency with secrecy obligations; failure to obtain consent or to appropriately redact reports may lead to penal exposure or audit complications.

Treasurer approvals as choke points (s 7(3), s 11(3)-(4), s 16-18)

• Guarantees, indemnities and concessions always require prior written Treasurer approval (s 11(3)) and other financial support outside guidelines is similarly conditioned on Treasurer approval (s 11(4)). Borrowing by the Minister from third parties may be guaranteed by the Treasurer only with required security and executed instruments (s 17). These approvals are practical gatekeepers; applicants and officials must secure Treasurer buy-in early. Procurement or project timelines that assume Ministerial approval alone risk delay or rejection at the Treasurer’s desk.

Broad Ministerial discretion and limited statutory constraints (s 6, s 7, s 9-11)

• The Act vests wide discretionary powers in the Minister to provide “any other direct or indirect financial support or assistance” (s 9(g)) and to do “all things necessary or convenient” (s 7(1)). The only statutory constraint on substantive selection criteria is the Minister’s own guidelines (s 10), which the Minister can revise or revoke (s 10(2)). Practitioners should not assume detailed statutory criteria; administrative law doctrines (procedural fairness, abuse of power) may instead regulate ministerial action.

Tort immunity protects agents but not Crown (s 28)

• Section 28 bars actions in tort against persons acting under the Act, but the Crown’s liabilities remain (s 28(3)). Contractors and officials enjoy immunity for acts done “in the performance or purported performance” of functions under the Act (s 28(1)), which is a broad drafting choice. Litigation may then proceed against the Crown rather than individuals; claimants may seek remedies against the State consolidated balance sheet rather than against individual decision-makers.

Contracting limitation for CEO engagements (s 13(2)-(3))

• The CEO may engage persons under contracts for services or contracts of service “otherwise than under the Public Sector Management Act 1994”, but subsection 13(3) prohibits such engagement if the person’s principal place of residence is in this State or the services are to be provided predominantly in this State. This unusually restricts using non-Public Sector contractual arrangements for local hires, potentially complicating use of consultants or contractors resident in Western Australia. Legal teams should check whether this overlaps with other public-sector procurement rules or has been affected by subsequent amendments or administrative practice.

Accountability presumption for transferred assets and liabilities (Sch 2 cl 7, cl 10)

• Schedule 2 creates presumptions that assets have vested in the Minister and that the Minister has assumed liabilities from prior Acts, and those statements are presumed true until the contrary is proved (Sch 2 cl 10). While administratively convenient, this shifts evidentiary burdens in disputes over historic trust funds or liabilities, complicating claims against the Minister or the prior trustees.

Regulatory layering in technology parks (s 31(3))

• Regulations governing technology parks apply in addition to any other law (s 31(3)). This can produce overlapping or inconsistent obligations with planning, environmental, health and safety, or local government rules. Developers, tenants and local authorities should map technology park regulations against existing statutory frameworks to avoid duplication or conflict.

Unspecified thresholds and regulatory rulemaking risks (s 11(2), s 31(4))

• Financial support outside guidelines may be provided up to a “maximum amount prescribed by the regulations” (s 11(2)). The Act leaves the threshold to regulation, and the regulations may also create offences and penalties up to $5,000 (s 31(4)). Until specific regulations are consulted, applicants cannot reliably predict limits.

Preservation of FMA sections and secrecy carve-outs (s 29(4))

• Section 29(4) explicitly does not affect certain Financial Management Act provisions. Practitioners should carefully identify which FMA provisions remain applicable and ensure that secrecy obligations and financial reporting do not conflict in practice.

Checklist for applicants seeking financial support

• Read and comply with the Minister’s industry support guidelines. The Minister must approve guidelines under s 10 and support is to be provided in accordance with those guidelines (s 11(1)). Applications inconsistent with guidelines risk rejection.

• Check whether support is within a regulatory threshold. If no guidelines apply, financial support may be provided up to the maximum amount prescribed by regulations (s 11(2)). Obtain the current regulations and confirm the numerical threshold and any procedural requirements before preparing proposals.

• Identify Treasurer approval requirements early. Guarantees, indemnities and concessions always require the Treasurer’s prior written approval (s 11(3)). Where a requested support item falls outside guideline scope, the Treasurer’s prior written approval is required under s 11(4). Factor Treasurer engagement into timing and documentation.

• Prepare information mindful of confidentiality rules. Avoid voluntarily disclosing trade secrets or commercially valuable information in public submissions without a plan for written consent or redaction, because s 29(3) prevents public disclosure in FMA reports without consent. When submitting sensitive information, request protective treatment in writing.

• Anticipate security and guarantee mechanics. If the Minister’s package depends on third‑party borrowing guaranteed by the Treasurer, be prepared to provide security and to execute required instruments (s 17(3)). Lenders will expect clarity on whether the Treasurer will provide a guarantee and under what conditions.

Requirements for departmental officers and Ministerial staff

• Follow delegation formalities. Ensure delegations to the CEO and any subdelegations are in writing (s 8(6)), specify conditions, and comply with sections 58 and 59 of the Interpretation Act 1984 as applicable (s 8(5)).

• Apply FMA accounting and audit rules. Maintain accounts and reporting consistent with the Financial Management Act 2006 and Auditor General Act 2006 (s 19). Establish reporting, record-keeping and audit trails for all funds in the Account (s 15).

• Implement confidentiality protocols. Train staff and contractors on the confidentiality obligations in s 29, the exceptions, and the separate prohibition on disclosing trade secrets in public reports. Put consent forms and redaction procedures in place to enable lawful reporting.

• Document execution and authorisations. Use the Minister’s common seal only as authorised and ensure documents are signed in accordance with s 30. Keep written ministerial authorisations for officers who can sign on the Minister’s behalf.

For technology park stakeholders

• Check Gazetted notices closely. Technology parks are declared by Gazette notice that must describe the land sufficiently to identify location (s 27(1), s 27(3)(a)). Ensure any development or occupation aligns with the notice.

• Monitor and comply with regulations. Regulations may set building design, maintenance, landscaping and use requirements and may create offences with fines up to $5,000 (s 31). These operate in addition to other laws (s 31(3)), so map obligations against existing planning and environmental requirements.

Financial controls and Treasurer interaction

• Obtain Treasurer approvals where required. For borrowing (s 7(3), s 16), guarantees, indemnities and concessions (s 11(3)) secure pre-approvals and understand any security or instrument requirements (s 17(3)). Budget and cashflow planning must anticipate Treasurer conditions and possible appropriation processes under s 18.

• Use the Account properly. Credit inflows from Parliamentary appropriation, borrowing proceeds and other receipts must be recorded against the Western Australian Industry and Technology Development Account (s 15(2)). Expenditure must be charged to the Account for the purposes described in s 15(3), and FMA reporting must be followed.

Record retention and transition matters

• Retain and obtain transferred records and evidentiary documents. Schedule 2 gives the Minister control of registers and records transferred from the prior Acts (Sch 2 cl 7(3)), and statements that assets vested or liabilities assumed are prima facie evidence (Sch 2 cl 10). Preserve these records and ensure correct memorials for any transferred trusts or conditions (Sch 2 cl 7(4)).

Practical administrative steps

• Implement standard templates for applications that request: (a) all material required by the guidelines; (b) clear statements on requested financial support types and amounts; (c) security proposals for guarantees; and (d) confidentiality classifications for submitted material with consent forms for disclosure where necessary.

• Create an internal Treasurer engagement plan. Identify thresholds and triggers that require Treasurer approval, compile necessary financial and legal documents, and schedule pre-application briefings with Treasury to determine acceptability and timeframes.

• Risk assess IP commercialisation proposals. When the Minister or department will commercialise departmental IP (s 6(g)-(j)), assess existing departmental IP agreements, moral rights, patent status, and any cross-departmental consent needed. Ensure exploitation plans do not conflict with other written laws or contractual obligations.

• Review staff contracting practice. If intending to engage contractors under contracts for services, check s 13(3) limitations regarding principal place of residence and location of service provision. Coordinate with Human Resources and the Public Sector Management Act obligations.

• Track statutory review and regulatory change. Note the five-year review requirement (s 32) and monitor regulatory instruments under s 31 that set thresholds, offences and technical park rules; changes may materially affect compliance obligations.

This practical regimen aligns statutory provisions (s 9-19, s 27-31, s 29, s 8, s 12-14, Sch 2) with administrative workstreams that departments, applicants and legal advisers should implement to reduce legal exposure and speed transactional approvals.