Division 1 — Western Australian Tourism Commission
The Commission 3
4A. Board of Commissioners 3
Board members 4
Acting members 5
Remuneration of members 5
Proceedings of Board 6
Matters not to be invalidated by vacancies, or defects in appointment 7
Liability of members 7
Pecuniary interests of members to be disclosed 7
Division 2 — Functions and powers of the Commission
Functions 8
Powers 9
Formation of companies developing or operating tourist facilities 10
Direction by Minister 11
16A. Minister to have access to information 11
Division 2a — Corporate and operational plans
16B. Corporate plan 12
16C. Operational plan 13
16D. Board to comply with corporate and operational plans 13
Division 3 — Employees and staff of the Commission
Employees of Commission 13
Employment of current officers 15
Employees transitional provisions 15
19A. Status of employees who are members of Senior Executive Service 16
Professional or technical assistance 16
Use of staff and facilities of departments and instrumentalities 16
Secrecy 16
Delegation by Commission 17
Part III — Financial provisions
Funds and Commission Account 19
Power to invest 20
Booking Account 20
Section 1 - Western Australian Tourism Commission Act 1983 - Western Australian Tourism Commission Act 1983 | Zoe
Borrowing by Commission 21
Application of Financial Management Act 2006 and Auditor General Act 2006 22
Review of Act 22
Part IV — General
Regulations 23
Part V — Transitional and repeal
Transitional 24
References to Department of Tourism in other laws 25
Notes
Compilation table 26
Uncommenced provisions table 27
Other notes 27
Defined terms
Western Australia
Western Australian Tourism Commission Act 1983
An Act to make provision for the establishment of a Western Australian Tourism Commission, to repeal the Tourist Act 1973‑1981 1, and for incidental and other purposes.
Part I — Preliminary
1. Short title
This Act may be cited as the Western Australian Tourism Commission Act 1983.
2. Commencement
This Act shall come into operation on such day or days as is or are respectively fixed by proclamation.
3. Terms used
In this Act, unless the contrary intention appears —
Board means the Board of Commissioners of the Commission;
chairman means the person appointed under section 5(1) to be the chairman of the Board;
chief executive officer means the person appointed as chief executive officer under section 17;
Commission means the Western Australian Tourism Commission established under section 4;
Commission Account means the Western Australian Tourism Commission Account established by section 24;
Department means the Department of Tourism continued under the Public Sector Management Act 1994;
local government means a local government, regional local government or regional subsidiary;
member means member of the Board.
[Section 3 amended: No. 32 of 1994 s. 19; No. 68 of 1994 s. 4; No. 14 of 1996 s. 4; No. 26 of 2016 s. 98.]
Part II — Administration
Division 1 — Western Australian Tourism Commission
4. The Commission
(1) For the purposes of this Act, there shall be established a body corporate by the name of the “Western Australian Tourism Commission”.
(2) Under its corporate name the Commission —
(a) has perpetual succession and a common seal;
(b) may sue and be sued in any court;
(c) subject to this Act, is capable of doing and suffering all that bodies corporate may do and suffer.
(3) The Commission is an agent of the Crown in right of the State.
(4) Where in any judicial proceedings, whether under this Act or not, a document is produced bearing a seal purporting to be the common seal of the Commission the court or tribunal before which those proceedings are brought shall in the absence of proof to the contrary presume that —
(a) the seal is the common seal of the Commission; and
(b) the seal was duly affixed.
(5) Regulations made under this Act may make provision as to the use of the common seal of the Commission in the State and elsewhere.
4A. Board of Commissioners
(1) The Commission shall have a Board of Commissioners, appointed under section 5.
(2) The Board is the governing body of the Commission with authority, in the name of the Commission, to exercise the powers and perform the functions of the Commission under this Act or under any other written law.
[Section 4A inserted: No. 68 of 1994 s. 5.]
5. Board members
(1) Subject to subsection (2), the Board shall consist of not more than 10 members appointed by the Governor of whom one shall be appointed by the Governor to be the chairman.
(1a) The chief executive officer may be appointed by the Governor to be a member of the Board in addition to the members appointed under subsection (1).
(1b) The Minister shall appoint one of the members appointed under subsection (1) to be the deputy chairman.
(2) Subject to this Act —
(a) the chairman shall hold office for such period not exceeding 5 years; and
(b) each other member shall hold office for such period not exceeding 4 years,
as is specified in the instrument of his appointment, and is eligible for reappointment.
(3) The Minister may grant leave of absence to a member on such terms and conditions as the Minister determines.
(4) The Governor may terminate the appointment of a member for inability, inefficiency or misbehaviour.
(5) If a member —
(a) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or
(b) has his appointment terminated by the Governor, pursuant to subsection (4); or
(c) is absent, except on leave duly granted by the Minister, from 3 consecutive meetings of the Board of which he has had notice; or
(d) resigns his office by written notice addressed to the Minister,
the office of that member becomes vacant.
(6) The Governor may fill any vacancies in the office of a member.
[Section 5 amended: No. 68 of 1994 s. 6; No. 73 of 1994 s. 4; No. 55 of 2003 s. 4; No. 18 of 2009 s. 93.]
6. Acting members
(1) Where —
(a) a member is absent or temporarily incapable of fulfilling the duties of a member; or
(b) the office of a member is vacant and has not been filled in accordance with this Act,
the Minister may appoint a person to act in the place of that member during that absence or incapability, or until the vacancy is filled, as the case requires, and a person so appointed has, while the appointment subsists, all the duties, powers and entitlements of, and the protection given to, the member in whose place the person is appointed to act.
(2) The appointment of a person as an acting member may be terminated at any time by the Minister.
7. Remuneration of members
(1) The terms and conditions of service of, and the remuneration and allowances to be paid to, a member, shall be determined by the Minister after consultation with the Public Sector Commissioner.
(2) Acceptance of, or acting in, the office of a member shall not of itself render the provisions of Part 3 of the Public Sector Management Act 1994 or any other Act applying to persons as officers of the Public Service or employees of a State instrumentality applicable to that member or affect or prejudice the application to him of those provisions if they applied to him at the time of the acceptance of, or acting in, that office.
[Section 7 amended: No. 32 of 1994 s. 19; No. 68 of 1994 s. 7; No. 39 of 2010 s. 89.]
8. Proceedings of Board
(1) The Board shall hold its meetings at such place on such days and at such intervals as the Board shall from time to time determine.
(2) At any meeting of the Board —
(a) a majority of the members constitute a quorum;
(b) the chairman, or in his absence the deputy chairman, shall preside but where both are absent from the meeting the members may appoint one of their number to preside at that meeting;
(c) each member present is entitled to a deliberative vote; and
(d) where the votes cast on any question are equally divided the chairman, or, in his absence the deputy chairman or the presiding member in terms of paragraph (b), shall have a casting vote.
(2a) Where, by reason of section 11(2) or (3), a member is not present at a meeting of the Board during consideration of a matter, but there would be a quorum if the member were present, the remaining members present constitute a quorum for the purpose of any deliberation or decision at that meeting in relation to that matter.
(3) The Board shall cause accurate minutes to be kept of the proceedings at its meetings.
(4) To the extent that it is not prescribed, the Board may determine its own procedure.
(5) The Board may from time to time appoint committees of such members or such members and other persons, as it thinks fit and may discharge, alter, continue or reconstitute any committee so appointed.
(6) Subject to the directions of the Board, each committee appointed under subsection (5) may determine its own procedures.
[Section 8 amended: No. 68 of 1994 s. 8.]
9. Matters not to be invalidated by vacancies, or defects in appointment
No proceeding or act of the Board shall (if there is a quorum) be invalidated or illegal in consequence only of there being a vacancy in the number of members at the time of that proceeding or act, or in consequence of there being some defect in the appointment of a person purporting to be a member.
[Section 9 amended: No. 68 of 1994 s. 9.]
10. Liability of members
A person who is or has been a member or acting member of the Board is not personally liable for anything done or omitted in good faith in, or in connection with, the exercise or purported exercise of any power conferred, or the carrying out of any duty imposed, on the Board by or under this Act.
[Section 10 amended: No. 68 of 1994 s. 10.]
11. Pecuniary interests of members to be disclosed
(1) Any member of the Board who has a direct or indirect pecuniary interest, which he has not previously disclosed pursuant to this section, in any matter —
(a) which is before a meeting of the Board at which he is present; or
(b) on which he has advised the Board, whether or not he is present at the meeting where the matter is considered,
shall, as soon as possible after the relevant facts have come to his knowledge, disclose the fact and nature of his interest to the Board and the Board shall ensure that the information disclosed is recorded in the minutes.
(2) Where a member discloses an interest under subsection (1) in any matter the Board may by resolution —
(a) exclude that member from a meeting whilst that matter is under consideration;
(b) prohibit that member from voting on any question with respect to that matter.
(3) When the Board is considering whether to exclude a member from a meeting or prohibit a member from voting under subsection (2), that member shall not be present during any deliberations of, or any vote taken by, the Board for the purpose of making the decision.
[Section 11 amended: No. 68 of 1994 s. 11.]
[12. Deleted: No. 68 of 1994 s. 12.]
Division 2 — Functions and powers of the Commission
[Heading amended: No. 68 of 1994 s. 13.]
13. Functions
The functions of the Commission are —
(a) to promote or to support and co‑ordinate the promotion of Western Australia as a holiday, event and convention destination and to do so within Australia and overseas;
(b) to develop or to facilitate the development of new tourist facilities and to improve or facilitate the improvement of existing tourist facilities in Western Australia;
(c) to develop or to facilitate the development of proposals for events and conventions;
(d) to organize and administer or to assist in the organization and administration of events and conventions;
(e) to promote tourism generally and to market travel; and
(f) to advise the Minister on any matter relating to tourism or travel within Western Australia that is referred to the Commission by the Minister.
[Section 13 inserted: No. 68 of 1994 s. 14.]
14. Powers
(1) The Commission may do all things necessary or convenient to be done for or in connection with the performance of its functions.
(2) Without limiting subsection (1), the Commission may, for the purpose of performing any function —
(a) acquire, hold, manage, improve, develop and dispose of any real or personal property in Western Australia or elsewhere;
(b) open and maintain accounts at a bank approved by the Treasurer;
(c) liaise with any person, local government, public authority or department or instrumentality of the Commonwealth government or the government of any other place;
(d) enter into any contract or arrangement;
(e) act as an agent for any person engaged in the provision of travel or tourist facilities;
(f) appoint agents in Western Australia and elsewhere;
(g) provide travel and tourism information services;
(h) demand and receive fees, retainers or commissions;
(i) undertake research and investigation; and
(j) make grants or, upon such terms and conditions as are approved by the Treasurer, make loans or provide guarantees to any person or to a local government or a public authority.
(3) In this section, public authority means a Minister of the Crown in right of the State, Government department, State instrumentality, State public utility and any other person or body, whether corporate or not, who or which, under the authority of any written law, administers or carries on for the benefit of the State, a social service or public utility.
[Section 14 inserted: No. 68 of 1994 s. 14; amended: No. 14 of 1996 s. 4.]
15. Formation of companies developing or operating tourist facilities
(1) The Commission may, with the approval of the Minister and of the Treasurer, for the purpose of developing and operating tourist facilities in Western Australia or organizing and administering events and conventions —
(a) participate in any business arrangement;
(b) acquire, hold and dispose of shares, units or other interests in any business arrangement; and
(c) exercise any right conferred upon the Commission to appoint a director of, or hold office in, a business arrangement.
(2) In subsection (1) —
business arrangement means a proprietary limited company, partnership or trust;
participate includes form, promote, establish, enter into, manage, dissolve, wind up and do anything incidental to the doing of any of those things.
(3) The Treasurer may, on the recommendation of the Commission, execute a guarantee in favour of any person for the purposes of this section.
(4) A guarantee under subsection (3) may guarantee —
(a) the payment of any moneys and interest thereon owing by any person;
(b) the performance of an obligation undertaken by any person.
(5) The provisions of section 27(5) shall apply to any guarantee under this section as if it were a guarantee under section 27.
(6) The Treasurer is hereby authorised to charge to the Consolidated Account, which to the necessary extent is appropriated accordingly, any liability arising out of a guarantee under this section and any money received or recovered by the Treasurer from the Commission or otherwise in respect of any amount so charged by the Treasurer shall be credited to the Consolidated Account.
[Section 15 amended: No. 98 of 1985 s. 3; No. 6 of 1993 s. 11; No. 68 of 1994 s. 15; No. 49 of 1996 s. 64; No. 77 of 2006 s. 4.]
16. Direction by Minister
(1) The Minister may from time to time give written directions to the Commission with respect to its functions and powers either generally or with respect to a particular matter, and the Commission shall give effect to those directions.
(2) The text of any direction given under subsection (1) shall be included in the annual report submitted by the accountable authority of the Commission under Part 5 of the Financial Management Act 2006.
[Section 16 amended: No. 68 of 1994 s. 16; No. 77 of 2006 Sch. 1 cl. 185(1).]
16A. Minister to have access to information
(1) The Minister is entitled to have information in the possession of the Commission and, 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 Commission to provide information to the Minister;
(b) request the Commission to give the Minister access to information;
(c) for the purposes of paragraph (b) make use of the staff of the Commission to obtain the information and provide it to the Minister.
(3) The Commission is to comply with a request under subsection (2) and the Commission is to make its staff and facilities available to the Minister for the purposes of paragraph (c) of that subsection.
(4) In this section —
document includes any tape, disc or other device or medium on which information is recorded or stored;
information means information specified, or of a description specified, by the Minister that relates to the functions of the Commission.
[Section 16A inserted: No. 68 of 1994 s. 17.]
Division 2a — Corporate and operational plans
[Heading inserted: No. 68 of 1994 s. 18.]
16B. Corporate plan
(1) The Board shall, by 31 July each year, prepare a corporate plan for the Commission for the financial year and may review and revise that plan at any time.
(2) A corporate plan shall include —
(a) a statement of the objectives of the Commission;
(b) a statement of the policies and strategies that the Board intends to adopt in order to achieve the Commission’s objectives; and
(c) an assessment of the outlook for tourism to and within Western Australia for the next 4 financial years.
(3) A corporate plan, and a revision of a corporate plan, shall be submitted to the Minister as soon as possible after it is prepared.
(4) When preparing a corporate plan the Board shall consult with such tourism bodies as the Board considers relevant.
[Section 16B inserted: No. 68 of 1994 s. 18.]
16C. Operational plan
(1) When the Board is preparing a corporate plan it shall prepare an operational plan for the financial year to which the corporate plan relates.
(2) An operational plan for a financial year shall —
(a) contain an estimate of the Commission’s income and expenditure for that financial year; and
(b) specify —
(i) the programmes that the Board proposes the Commission will carry out; and
(ii) the resources that the Board proposes to allocate to each programme.
[Section 16C inserted: No. 68 of 1994 s. 18.]
16D. Board to comply with corporate and operational plans
To the extent that it is practicable to do so, the Board shall ensure that the performance of the Commission’s functions and the exercise of the Commission’s powers is consistent with, and designed to give effect to, the current corporate plan and the applicable operational plan.
[Section 16D inserted: No. 68 of 1994 s. 18.]
Division 3 — Employees and staff of the Commission
17. Employees of Commission
(1) Subject to this Act, the Commission may, from time to time, employ a chief executive officer and such other persons as it considers necessary to enable the Commission to carry out its objects.
(2) The chief executive officer shall conduct the affairs of the Commission, acting in accordance with any policies determined, and any directions given, by the Board.
(3) The Board shall not appoint a member as the chief executive officer.
(3a) Subject to the Salaries and Allowances Act 1975, the chief executive officer shall be paid such remuneration and allowances, and holds office on such terms and conditions, as are determined by the Board after consultation with the Public Sector Commissioner.
(3b) The chairman may appoint a person, other than a member of the Board, to act as chief executive officer —
(a) during a vacancy in the office of chief executive officer; or
(b) during any period when the chief executive officer is absent from duty or from Western Australia or is, for any other reason, unable to perform the duties of the office.
(4) Subject to any relevant award under the Industrial Relations Act 1979 or any other Act, the Commission may, after consultation with the Public Sector Commissioner, determine the remuneration and other terms and conditions of service of its employees, other than the chief executive officer.
(5) The Board may, from time to time, after consultation with the Public Sector Commissioner classify the positions to be held by employees of the Commission and define the duties to be performed by the respective holders of those positions.
(6) Part 3 of the Public Sector Management Act 1994 does not apply to or in relation to an employee of the Commission.
[Section 17 amended: No. 32 of 1994 s. 19; No. 68 of 1994 s. 19; No. 55 of 2003 s. 5; No. 39 of 2010 s. 89.]
18. Employment of current officers
(1) A person who was immediately prior to the commencement of this section an officer within the meaning of the Public Service Act 1978 2 holding a position in the Department shall be entitled to be employed pursuant to the provisions of this Act in an office with a remuneration corresponding with or higher than that which he received in the position that he held immediately prior to the commencement of this section.
(2) A person who becomes an employee of the Commission pursuant to subsection (1) shall, subject to a suitable vacancy being available, be entitled to be reappointed by the Public Service Board 3 at the termination of his employment with the Commission, to an office in the Public Service with a classification and remuneration corresponding with that of the office which he last held in the Public Service.
19. Employees transitional provisions
(1) Where an officer of the Public Service becomes an employee of the Commission he is entitled to retain all his existing and accruing rights (including any rights under the Superannuation and Family Benefits Act 1938 4) as if his service as an employee of the Commission were a continuation of his service as an officer of the Public Service.
(2) Where a person ceases to be an employee of the Commission and becomes an officer of the Public Service his service as an employee of the Commission shall be regarded as service in the Public Service for the purposes of determining his rights as an officer of the Public Service and for the purposes of the Superannuation and Family Benefits Act 1938 4.
(3) For the purposes of the Superannuation and Family Benefits Act 1938 4 the Commission is hereby declared to be a “department” within the meaning of that Act.
19A. Status of employees who are members of Senior Executive Service
Despite sections 17, 18 and 19, to the extent that there is, in the case of a person who is appointed chief executive officer or other employee and who is a member of the Senior Executive Service within the meaning of the Public Sector Management Act 1994, an inconsistency between this Act and that Act, that Act shall prevail.
[Section 19A inserted: No. 68 of 1994 s. 20.]
20. Professional or technical assistance
The Commission may engage persons on a casual basis or under contract for services to provide professional, technical or other assistance.
21. Use of staff and facilities of departments and instrumentalities
The Commission may by arrangement with the relevant employing authority within the meaning of the Public Sector Management Act 1994, make use, either full-time or part-time, of —
(a) the services of any officer or employee employed in the Public Service of the State or in a State instrumentality or otherwise in the service of the Crown in right of the State; or
(b) any facilities of a department of the Public Service of the State or of a State instrumentality.
[Section 21 amended: No. 32 of 1994 s. 19; No. 68 of 1994 s. 21.]
22. Secrecy
(1) This section applies to every person who is or has been a member, is acting or has acted in the office of a member, is or has been an employee of the Commission or is rendering or has rendered services to the Commission under section 20 or 21.
(2) A person to whom this section applies shall not, either directly or indirectly, except in the performance of a function or duty under or in connection with this Act —
(a) make a record of, or divulge or communicate to any person, any information concerning the affairs of another person acquired by him by reason of his office or employment under or for the purposes of this Act; or
(b) produce to any person any document relating to the affairs of another person furnished for the purposes of this Act.
Penalty: $5 000.
[Section 22 amended: No. 68 of 1994 s. 22.]
23. Delegation by Commission
(1) The Commission may, by writing under its common seal, either generally or as otherwise provided by the instrument of delegation, delegate to any member or to any employee of the Commission, all or any of its powers, authorities, functions or duties under this Act, other than this power of delegation.
(2) For the purposes of this Act, the exercise of a power or the performance of a duty by a delegate under this section shall be deemed to be the exercise of the power or the performance of the duty by the Commission.
(3) A delegation under this section may be made to a specified person or to persons of a specified class, or may be made to the holder or holders for the time being of a specified office or class of offices.
(4) A delegation under this section may —
(a) be made subject to such conditions, qualifications and exceptions as are set out in the instrument of delegation;
(b) be revoked or varied by instrument in writing under the common seal of the Commission.
(5) The Commission may exercise a power or perform a duty notwithstanding that it has delegated its exercise or performance under this section.
[Section 23 amended: No. 68 of 1994 s. 23.]
Part III — Financial provisions
24. Funds and Commission Account
(1) The funds available for the purpose of enabling the Commission to carry out its objects and perform its functions under this Act consist of —
(a) moneys from time to time appropriated by Parliament for the purposes of this Act;
(b) all moneys received by the Commission for services provided under the authority of this Act;
(c) all moneys received by the Commission for the purposes of this Act;
(d) any moneys received by the Commission in repayment of any loan or part thereof authorised to be made under section 14 and interest thereon;
(e) any other moneys received by the Commission, except moneys received and held on behalf of any person in its capacity as a travel agent.
(2) The funds referred to in subsection (1) shall be paid into, and be placed to the credit of, an account at a bank within the State approved by the Treasurer, to be called the “Western Australian Tourism Commission Account”.
(3) The Commission is authorised to pay moneys out of the Commission Account —
(a) in payment of all costs and expenses incurred by the Commission for the purpose of giving effect to this Act;
(b) in the repayment of moneys borrowed by the Commission or the Department and interest thereon;
(c) in the repayment of money to be credited to the Consolidated Account; or
(d) in any other way authorised by this Act.
(4) Moneys standing to the credit of the Commission Account shall be applied by the Commission only for the purposes of this Act.
[Section 24 amended: No. 98 of 1985 s. 3; No. 6 of 1993 s. 11 and 14(7); No. 49 of 1996 s. 64; No. 77 of 2006 s. 4.]
25. Power to invest
Any moneys standing to the credit of the Commission Account which are not immediately required for the purposes of this Act may, with the approval of the Treasurer be invested in any manner in which moneys standing to the credit of the Public Bank Account may be invested under the Financial Management Act 2006.
[Section 25 amended: No. 98 of 1985 s. 3; No. 77 of 2006 Sch. 1 cl. 185(2).]
26. Booking Account
(1) The Commission shall establish and at all times maintain in accordance with this Act an account at a bank within the State approved by the Treasurer, to be called the “Western Australian Tourism Commission Booking Account”.
(2) The Commission shall credit to the Booking Account all moneys received or held on behalf of any person by the Commission in its capacity as a travel agent.
(3) The Commission shall pay moneys withdrawn from the Booking Account to the person or persons lawfully entitled or authorised to receive them.
(4) All moneys paid into the Booking Account shall be accounted for separately from the Commission Account.
(5) Any moneys standing to the credit of the Booking Account may be invested in any manner in which moneys standing to the credit of the Public Bank Account may be invested under the Financial Management Act 2006 and any revenue earned from that investment is to be placed to the credit of the Commission Account.
[Section 26 amended: No. 68 of 1994 s. 24; No. 77 of 2006 Sch. 1 cl. 185(3).]
27. Borrowing by Commission
(1) Subject to this Act the Commission may —
(a) borrow by way of loan, advance or overdraft such moneys;
(b) obtain and provide such credit;
(c) pay such commission or brokerage; and
(d) give, take or arrange such security,
as it thinks necessary from time to time for carrying out its objects.
(2) A loan, advance or overdraft under this section may only be made with the prior approval of the Treasurer and upon such terms and conditions as the Treasurer approves.
(3) Any moneys borrowed by the Commission under this section may be raised as one loan or as several loans and in such manner as the Treasurer may approve, but the amount of the moneys so borrowed shall not in any one year exceed in the aggregate such amount as the Treasurer approves.
(4) The Treasurer may, in the name and on behalf of the Crown in right of the State, guarantee repayment of the principal moneys and interest thereon in respect of moneys borrowed by the Commission under this section, and any liability of the Crown arising out of the guarantee is to be charged to the Consolidated Account, which to the necessary extent is appropriated accordingly.
(5) A guarantee under this section shall be in such form and subject to such terms and conditions as the Treasurer determines and, without limiting the generality of the foregoing, shall be subject to a condition that the lender shall not, without the consent in writing of the Treasurer, assign or encumber the benefit of the guarantee.
[Section 27 amended: No. 98 of 1985 s. 3; No. 6 of 1993 s. 11; No. 49 of 1996 s. 64; No. 77 of 2006 s. 4.]
28. 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 Commission and its operations.
[Section 28 inserted: No. 98 of 1985 s. 3; amended: No. 77 of 2006 Sch. 1 cl. 185(4).]
29. Review of Act
(1) The Minister shall carry out a review of the operation and effectiveness of this Act as soon as is practicable after the expiration of 5 years from the commencement of the Western Australian Tourism Commission Amendment Act 1994 and in the course of that review the Minister shall consider and have regard to —
(a) the effectiveness of the operations of the Commission;
(b) the need for the continuation of the functions of the Commission; and
(c) such other matters as appear to be relevant to the operation and effectiveness of this Act.
(2) The Minister shall prepare a report based on the review made under subsection (1) and shall, as soon as is practicable after the preparation thereof, cause the report to be laid before each House of Parliament.
[Section 29 inserted: No. 68 of 1994 s. 25.]
Part IV — General
30. 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.
Part V — Transitional and repeal 1
31. Transitional
(1) On and from the day upon which this section comes into operation —
(a) the Department shall cease to exist and, subject to this Act all functions, powers, authorities and duties being exercised or performed immediately prior to that date by the Department shall be exercised and performed by the Commission;
(b) all premises occupied by or on behalf of the Department immediately prior to that day for or in connection with the conduct of the business of the Department shall be occupied by the Commission for or in connection with the conduct of its business and activities authorised by this Act;
(c) all assets (including furniture, fittings and other Crown property but excluding land) used by the Department shall be assigned to and taken over by the Commission;
(d) all liabilities incurred by or on behalf of the Department shall be transferred to and be borne and discharged by the Commission;
(e) all charges, fees and moneys due, payable or leviable by or on behalf of the Department shall be paid to and may be received, levied and recovered by the Commission;
(f) all contracts made by the Department or by any Minister of the Crown on behalf of the Department shall have effect as contracts by and with the Commission and may be enforced by and against the Commission accordingly;
(g) such books, documents, records and papers used by or on behalf of the Department as the Minister determines shall be handed over to the Commission.
(2) Not later than one month after the coming into operation of this section the Commission and the Minister for Works shall agree upon the terms and conditions on which the Commission shall —
(a) occupy the premises referred to in subsection (1)(b); and
(b) take an assignment of the assets referred to in subsection (1)(c),
and in default of agreement the terms and conditions of occupancy and assignment shall be as the Minister for Works determines.
32. References to Department of Tourism in other laws
(1) A reference in any Act or regulation to the Department shall, unless the context otherwise requires, be read and construed as a reference to the Commission.
(2) A reference in any Act or regulation to the Director of Tourism or the Permanent Head of the Department shall, unless the context otherwise requires, be read and construed as a reference to the chairman.
[33. Omitted under the Reprints Act 1984 s. 7(4)(f).]
[34. Deleted: No. 55 of 2003 s. 6.]
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Notes
This is a compilation of the Western Australian Tourism Commission Act 1983 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.
Compilation table
Short title
Number and year
Assent
Commencement
Western Australian Tourism Commission Act 1983
57 of 1983
13 Dec 1983
1 Jan 1984 (see s. 2 and Gazette 30 Dec 1983 p. 5017)
Acts Amendment (Financial Administration and Audit) Act 1985 s. 3
98 of 1985
4 Dec 1985
1 Jul 1986 (see s. 2 and Gazette 30 Jun 1986 p. 2255)
Acts Amendment (Public Service) Act 1987 s. 32
113 of 1987
31 Dec 1987
16 Mar 1988 (see s. 2 and Gazette 16 Mar 1988 p. 813)
Financial Administration Legislation Amendment Act 1993 s. 11 and 14(7)
6 of 1993
27 Aug 1993
1 Jul 1993 (see s. 2(1))
Western Australian Tourism Commission Amendment Act 1993
44 of 1993
20 Dec 1993
20 Dec 1993 (see s. 2)
Acts Amendment (Public Sector Management) Act 1994 s. 19
32 of 1994
29 Jun 1994
1 Oct 1994 (see s. 2 and Gazette 30 Sept 1994 p. 4948)
Western Australian Tourism Commission Amendment Act 1994
68 of 1994
9 Dec 1994
s. 1 and 2: 9 Dec 1994; Act other than s. 1 and 2: 31 Dec 1994 (see s. 2 and Gazette 30 Dec 1994 p. 7215)
Statutes (Repeals and Minor Amendments) Act 1994 s. 4
73 of 1994
9 Dec 1994
9 Dec 1994 (see s. 2)
Local Government (Consequential Amendments) Act 1996 s. 4
14 of 1996
28 Jun 1996
1 Jul 1996 (see s. 2)
Financial Legislation Amendment Act 1996 s. 64
49 of 1996
25 Oct 1996
25 Oct 1996 (see s. 2(1))
Reprint of the Western Australian Tourism Commission Act 1983 as at 29 Oct 1999 (includes amendments listed above)
Western Australian Tourism Commission Amendment Act 2003
55 of 2003
22 Oct 2003
22 Oct 2003 (see s. 2)
Financial Legislation Amendment and Repeal Act 2006 s. 4 and Sch. 1 cl. 185
77 of 2006
21 Dec 2006
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)
Acts Amendment (Bankruptcy) Act 2009 s. 93
18 of 2009
16 Sep 2009
17 Sep 2009 (see s. 2(b))
Reprint 2: The Western Australian Tourism Commission Act 1983 as at 13 Aug 2010 (includes amendments listed above)
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)
Local Government Legislation Amendment Act 2016 Pt. 3 Div. 35
26 of 2016
21 Sep 2016
21 Jan 2017 (see s. 2(b) and Gazette 20 Jan 2017 p. 648)
Uncommenced provisions table
To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.
Short title
Number and year
Assent
Commencement
State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 73
43 of 2000
2 Nov 2000
To be proclaimed (see s. 2(2))
Other notes
1 The provision in this Act repealing the Tourist Act 1973-1981 has been omitted under the Reprints Act 1984 s. 7(4)(f).
2 Under the Public Sector Management Act 1994 s. 112(1), a reference to the Public Service Act 1978 is to be read as a reference to the Public Sector Management Act 1994.
3 Under the Public Sector Management Act 1994 s. 112(2), a reference to the Public Service Board is, unless the contrary intention appears or it is otherwise provided under the Acts Amendment (Public Sector Management) Act 1994, to be construed as if it had been amended to be a reference to the Minister for Public Sector Management (as defined in the Interpretation Act 1984).
4 The Superannuation and Family Benefits Act 1938 was repealed by the State Superannuation Act 2000 s. 39, but its provisions continue to apply to and in relation to certain schemes because of the State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 26.
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]