Zoological Parks Authority Act 2001

Central to the Act is the concept of the Authority, defined in section 3 as the Zoological Parks Authority established by section 4(1). The Authority is governed by a board of management (section 6) comprising eight persons appointed by the Minister, and the board is the governing body that performs the Authority’s functions in the Authority’s name. The term “zoological park” is defined in section 3 to include the land described in Schedule 1 (known as Perth Zoological Park), land reserved under the Land Administration Act 1997 the care, control and management of which is placed with the Authority, and land prescribed by regulation. “Zoological specimen” is broadly defined in section 3 to include any living animal; any living or dead larvae, embryo, egg or sperm of any animal or other part or product from which another animal could be produced; the carcass of an animal; any recognised zoological taxon; and any plant or part of a plant required for the care, breeding or management of a zoological specimen. “Park management officer” is defined in section 3 as a person designated as such under section 27 or a police officer ex officio. The Act creates two key policy instruments: the business plan (Part 4 Division 1) and the annual operational plan (Part 4 Division 2). The business plan is a five-year strategic document that must set out the Authority’s medium to long term economic, financial, community based and research objectives and operational targets (section 17). The annual operational plan is a one-year document consistent with the business plan that specifies objectives, performance targets, resource allocation, an outline of functions for the year, and an estimate of income and expenditure (section 21). Both plans require ministerial approval, and the Minister must obtain the Treasurer’s concurrence before approving either (sections 18 and 22). If a draft plan is not approved before the start of the financial year, the latest draft plan (with any modifications directed by the Minister) becomes the operative plan until approval is given (sections 16(4) and 20(4)). The Chief Executive Officer is the Authority’s senior executive officer, with day-to-day operational responsibility under board control (section 24). Schedule 3 details the tenure, salary and conditions of the CEO, linking the appointment to whether the Authority is an SES organisation under the Public Sector Management Act 1994. The “Account” (section 3) is the Zoological Parks Authority Account established under section 33(1), to which all funds of the Authority are credited and from which all expenditure is charged.

The Act directly affects the Zoological Parks Authority as the body corporate, its board of management (the eight appointed members), and its staff including the Chief Executive Officer and other employees. Members of the board are subject to disclosure obligations under Schedule 2 Division 2 and may be removed by the Minister for misbehaviour, incompetence, mental or physical incapacity, or absence from three consecutive meetings without leave (Schedule 2 clause 2). The Chief Executive Officer is subject to appointment under Part 3 of the Public Sector Management Act 1994 if the Authority is an SES organisation, or by the Governor if it is not, and can be removed for misbehaviour, incompetence, mental/physical incapacity, or bankruptcy (Schedule 3 clause 8). Employees of the Authority are engaged under section 25, with remuneration and conditions not less favourable than applicable industrial awards, orders or agreements and determined after consultation with the Public Sector Commissioner. The Act also affects persons who enter or use zoological parks, including visitors, contractors, and commercial operators. Park management officers (designated staff and police officers) have enforcement powers under Part 6 to require persons to leave a zoological park (section 30), to stop, detain and search vehicles (section 29(2)(b)), and to require name and address from persons suspected of certain offences (section 29(2)(a)). Owners of vehicles are affected by section 42, which creates a deeming provision: if a vehicle offence (an offence against the regulations involving use, driving, parking, standing or leaving a vehicle) is alleged and the driver’s identity is not known, the owner may be served with a notice requiring them to identify the driver. If the owner does not respond within 28 days or satisfy the Authority that the vehicle was stolen or unlawfully taken, the owner is deemed to have committed the offence unless proof to the contrary is adduced. This provision directly impacts any person who owns a vehicle that may be used in a zoological park. The transitional provisions in Schedule 4 affect former members, staff and creditors of the dissolved Zoological Gardens Board, as all assets, liabilities and proceedings vest in the new Authority automatically on commencement day (Schedule 4 clause 5). The Registrar of Titles is required to take notice of the Schedule and register documents to give effect to the transfer (Schedule 4 clause 13).

The Authority has a duty to perform its functions in accordance with its business plan and annual operational plan as existing from time to time (section 12). It must obtain the Minister’s approval before acquiring or disposing of real property (section 10(2)(c) read with section 11(1)(a)) and before granting a lease or licence for a term exceeding five years, with any option to renew counted when calculating the term (section 11(1)(b) and (2)). The board must prepare and submit a draft business plan and draft annual operational plan to the Minister each year no later than two months before the start of the next financial year (sections 16(1)-(2) and 20(1)-(2)). The board must comply with any written direction from the Minister with respect to the performance of its functions, and the Minister must cause the text of any such direction to be laid before each House of Parliament within 14 days (section 14). The board must also comply with requests from the Minister to consider or further consider matters in draft plans and must comply with directions to make specified modifications if a draft plan has not been approved by one month before the start of the financial year (sections 18(3)-(4) and 22(3)-(4)). The board has a duty to maintain accurate minutes of its proceedings (Schedule 2 clause 11). Each member of the board has a duty to disclose a material personal interest in a matter being considered by the board as soon as possible after the relevant facts come to the member’s knowledge (Schedule 2 clause 16(1)). A member who has such an interest must not vote on the matter and must not be present while it is being considered at a meeting (Schedule 2 clause 17), unless the board passes a resolution under clause 18 declaring the disqualification inapplicable. The Chief Executive Officer has the responsibility for and the powers needed to administer the day-to-day operations of the Authority, subject to board control (section 24(3)). Park management officers have the right to require a person to leave a zoological park if they find the person committing an offence, believe on reasonable grounds an offence has been or is about to be committed, or believe on reasonable grounds an emergency situation exists (section 30(1)). The officer may also detain a person who has contravened that requirement until the person can be delivered to a police officer (section 30(4)). Persons who are given an infringement notice under section 43 have the right to pay the modified penalty within 28 days (or such further time as allowed) and thereby avoid prosecution, and payment is not to be regarded as an admission for any civil or criminal proceedings (section 43(6) and (9)). The owner of a vehicle who receives a notice under section 42 has the right to avoid being deemed the offender by either identifying the actual driver within 28 days or satisfying the Authority that the vehicle was stolen or unlawfully taken (section 42(6)).

The Act creates several offences with specified penalties. A person who fails to return an identity card after ceasing to be a park management officer is liable to a penalty of $1,000 (section 28(5)). A person who remains in a zoological park after being required to leave by a park management officer under section 30(1) is liable to a penalty of $2,000 (section 30(2)). A person who resists, delays or in any way obstructs a park management officer in the performance of functions is liable to a penalty of $5,000 (section 31). A person who has been a member of the board, a committee, or a member of staff who records, discloses or makes use of any information obtained in the course of duty except for permitted purposes is liable to a penalty of $10,000 and imprisonment for 12 months (section 41). A member who fails to disclose a material personal interest as required by Schedule 2 clause 16(1) is liable to a penalty of $10,000 (Schedule 2 clause 16(1)). The regulations may also prescribe offences with a maximum penalty of $2,000 (section 45(2)(h)). Enforcement is primarily entrusted to park management officers, who are either designated by the Authority under section 27 or police officers ex officio. Their powers include: requiring a person to give their name and address if the officer reasonably suspects an offence under section 31 or the regulations has been committed or is about to be committed (section 29(2)(a)); stopping, detaining and searching a vehicle if a person in or on it is suspected to be the offender (section 29(2)(b)); removing any vehicle, animal or other thing from a zoological park (section 29(2)(c)); and detaining a person who fails to give their correct name and address until the person can be delivered to a police officer (section 29(4)(b)). Before exercising the power to stop and search a vehicle or remove things, the officer must take all reasonable steps to inform the person, owner or person in charge of the intention and the reasons for believing the exercise is justified (section 29(5)). A park management officer who is a police officer retains all their usual powers (section 29(6)). The Act also provides for an infringement notice regime under section 43 for prescribed offences. A park management officer who believes a person has committed a prescribed offence may give an infringement notice within 21 days. The notice must contain a description of the offence, advise that the modified penalty may be paid within 28 days to avoid prosecution, and inform the alleged offender who may receive payment. The modified penalty amount is the amount prescribed at the time the offence is believed to have been committed (section 43(4)). An authorised person appointed by the Authority may extend the 28-day period (section 43(5)). If the modified penalty is paid within time, the bringing of proceedings is prevented to the same extent as if the offender had been convicted and punished (section 43(6)). The Authority may withdraw an infringement notice at any time, and if the penalty has been paid it must be refunded (section 43(7)-(8)). For vehicle offences, section 42 creates a deeming provision: if the owner of a vehicle does not identify the driver within 28 days of receiving a notice, or does not satisfy the Authority that the vehicle was stolen or unlawfully taken, the owner is deemed to have committed the offence in the absence of proof to the contrary (section 42(6)). This notice may be included in the same document as an infringement notice under section 44, in which case payment of the modified penalty prevents the deeming provision from operating (section 44(3)).

The Act expressly interacts with several other Western Australian statutes. The Financial Management Act 2006 and the Auditor General Act 2006 apply to the Authority and its operations, regulating financial administration, audit and reporting (section 38). The Account established under section 33(1) is to be established either as an agency special purpose account under section 16 of the Financial Management Act 2006 or with the Treasurer’s approval at a bank or other financial institution (section 33(1)). The Minister’s power to give directions under section 14 requires that the text of any direction be included in the annual report submitted by the accountable authority of the board under Part 5 of the Financial Management Act 2006 (section 14(6)). The Public Sector Management Act 1994 governs the appointment and conditions of the Chief Executive Officer. Under Schedule 3, if the Authority is an SES organisation, the CEO is its chief executive officer under that Act or, if section 44(2) applies, its chief employee (Schedule 3 clause 1). If the Authority becomes a non-SES organisation, the CEO is to be its chief employee under that Act (Schedule 3 clause 2). Staff engaged under section 25 are subject to the Industrial Relations Act 1979 Part VID and section 100 of the Public Sector Management Act 1994 (section 25(4)). The definition of “vehicle” in section 3 adopts the meaning in the Road Traffic (Administration) Act 2008 section 4. The definition of “owner” in relation to a vehicle adopts the meaning in the Road Traffic (Vehicles) Act 2012 (section 3) as amended by Act No. 8 of 2012. The transitional provisions in Schedule 4 operate alongside the Interpretation Act 1984, which still applies and is not limited by the Schedule (Schedule 4 clause 2). The Salaries and Allowances Act 1975 governs the salary and allowances of the Chief Executive Officer under Schedule 3 clause 6, which provides that salary and allowances are to be paid at rates determined by the Minister on the recommendation of the Public Sector Commissioner, subject to that Act. The Stamp Act 1921 is relevant because Schedule 4 clause 12 provides an exemption from state tax, including stamp duty chargeable under that Act, for anything occurring by operation of the Schedule or done to give effect to it. The Land Administration Act 1997 is relevant to the definition of “zoological park” as it includes land reserved under that Act the care, control and management of which is placed with the Authority (section 3). The Minimum Conditions of Employment Act 1993 is referenced in section 25(3)(a)(ii) as a floor for staff remuneration and conditions, together with applicable industrial awards, orders or agreements. The Industrial Relations Act 1979 Part VID and section 100 of the Public Sector Management Act 1994 are not affected by the Authority’s staff powers (section 25(4)). The Act also interacts with the Sentencing Legislation Amendment and Repeal Act 2003 and the Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004, as reflected in the amendment history and the penalty provisions.

The Zoological Parks Authority Act 2001 was originally enacted as Act No. 24 of 2001, assented to on 26 November 2001. Sections 1 and 2 came into operation on that date; the remainder of the Act commenced on 22 May 2002 by proclamation (Gazette 10 May 2002 p. 2445). The Act has been amended by multiple subsequent enactments. The Labour Relations Reform Act 2002 (No. 20 of 2002) section 26 amended section 25, effective 15 September 2002. The Sentencing Legislation Amendment and Repeal Act 2003 (No. 50 of 2003) section 105 amended section 31, effective 15 May 2004. The Labour Relations Reform (Consequential Amendments) Regulations 2003 amended section 25 effective 15 September 2003 via Gazette. The Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 (No. 84 of 2004) section 80 amended section 43, effective 2 May 2005. The Machinery of Government (Miscellaneous Amendments) Act 2006 (No. 28 of 2006) Part 7 Division 6 amended section 33, effective 1 July 2006. A reprint (Reprint 1) was prepared as at 20 October 2006 incorporating those amendments. The Financial Legislation Amendment and Repeal Act 2006 (No. 77 of 2006) sections 4, 5(1) and Schedule 1 clause 190 made multiple amendments: section 4 amended sections 36 and 37; section 5(1) amended section 37; Schedule 1 clause 190 amended sections 14, 33 and 38. These amendments took effect on 1 February 2007. The Statutes (Repeals and Miscellaneous Amendments) Act 2009 (No. 8 of 2009) section 141 amended section 14, effective 22 May 2009. The Acts Amendment (Bankruptcy) Act 2009 (No. 18 of 2009) section 95 amended Schedule 2 clause 2 and Schedule 3 clause 8 to replace references to bankruptcy with references to the Interpretation Act 1984 section 13D, effective 17 September 2009. The Public Sector Reform Act 2010 (No. 39 of 2010) section 89 amended sections 8, 25, and Schedule 3 clauses 6 and 9, replacing references to the Public Service Commissioner with the Public Sector Commissioner, effective 1 December 2010. The Road Traffic Legislation Amendment Act 2012 (No. 8 of 2012) Part 4 Division 55 amended the definitions of “owner” and “vehicle” in section 3, effective 27 April 2015. A second reprint (Reprint 2) was prepared as at 5 October 2012, but did not include the Road Traffic amendments that were not yet in force. Section 47 was omitted under the Reprints Act 1984 section 7(4)(e). The compilation table in the Act’s notes shows that the Act has been consolidated with all amendments up to the date of the last reprint.

The text of the Zoological Parks Authority Act 2001 as provided does not record any litigation history. No cases are cited in the Act itself, and the compilation table and notes do not reference any judicial decisions. This is typical for a machinery-of-government statute that establishes a statutory authority and sets out its governance, powers and administrative processes. The Act has been in operation since 2002, and while it is possible that court proceedings have arisen under its provisions (for example, in relation to vehicle offence deeming provisions under section 42, or offences such as obstructing a park management officer under section 31), the source material does not disclose any such litigation. The Act does contain provisions that could give rise to disputes: the Minister’s power to direct the board under section 14, the board’s duty to act in accordance with business plans, the disclosure of interests regime in Schedule 2, and the enforcement powers of park management officers. However, no information about any actual court decisions interpreting or applying these provisions is contained within the Act. The user of this deep dive should be aware that absence of recorded litigation does not mean no proceedings have occurred; it simply means the Act itself does not refer to any. Any practitioner seeking case law should conduct independent research using legal databases. The Act includes a mandatory review provision in section 48: the Minister must carry out a review of the operation and effectiveness of the Act as soon as practicable after five years from its commencement (which would have been around 2007). That review must consider the effectiveness of the Authority’s operations, the need for continuation of its functions, and any other relevant matters, and a report must be laid before each House of Parliament. The source does not indicate whether that review was conducted or published, nor whether any subsequent review has occurred.

Several provisions in the Act contain traps for the unwary. First, the definition of “function” in section 3 provides that except in sections 9 and 10, the term “function” includes power, duty and authority. This means that delegations under section 13, ministerial directions under section 14, and other references to “function” in the Act carry a broader meaning unless the context indicates otherwise. Second, section 10(3) permits the Minister and Treasurer to approve terms and conditions for business arrangements “generally” as well as for specific arrangements, which gives the executive wide discretion that bound parties cannot easily challenge. Third, section 11(2) requires that any additional term obtainable at the option of the lessee or licensee be included when calculating the length of a proposed lease or licence for the purpose of the five-year approval threshold. This means that a lease for three years with two one-year options to renew would be treated as a five-year lease and require ministerial approval. Fourth, section 16(4) and 20(4) provide that if a draft business plan or annual operational plan has not been approved before the start of the financial year, the “latest draft plan” (with any modifications directed by the Minister) becomes the operative plan. This creates a situation where the Authority may be bound by a plan the Minister has not formally approved but has directed modifications to, effectively giving the Minister interim control over operations. Fifth, the vehicle offence deeming provision in section 42(6) imposes a strict liability-like regime: absent proof to the contrary, the owner is deemed to have committed the offence if they do not respond within 28 days. The only defences are identifying the actual driver or proving the vehicle was stolen or unlawfully taken. There is no requirement for the Authority to prove the owner was driving or knew of the driving. Sixth, section 43(10) provides that a park management officer who gives an infringement notice is not eligible to be an authorised person for receiving payment or withdrawing the notice in relation to that specific notice. This is a sensible separation of functions, but a person dealing with multiple officers may need to check who is authorised. Seventh, section 41’s prohibition on disclosure of information obtained in the course of duty applies not only to current members and staff but also to former members and staff. The penalty is $10,000 and imprisonment for 12 months, and the exceptions are narrow: performing functions under the Act, as required or allowed by another written law, with written consent of the person to whom the information relates, or in prescribed circumstances. Eighth, Schedule 2 clause 2(1)(b) provides that a member’s office becomes vacant if they are a bankrupt or a person whose affairs are under insolvency laws, using the Interpretation Act 1984 section 13D test. The definition of “misbehaviour” in clause 2(3) expressly includes conduct that renders the member unfit to hold office even if it does not relate to any function of the office. Ninth, Schedule 2 clause 9 sets a quorum of at least five members for board meetings. Combined with clause 19, if a member is disqualified under clause 17 due to a material personal interest, the quorum is reduced to at least four members who are entitled to vote on the matter. If the board cannot form a quorum because of disqualifications, the Minister may deal with the matter directly (clause 19(2)). Tenth, section 12 requires the Authority to perform its functions in accordance with its business plan and annual operational plan as “existing from time to time”. This means that if the plans are modified (with ministerial approval), the Authority must immediately adjust its operations to match the modified plans. There is no transitional period built in.

Compliance with the Zoological Parks Authority Act 2001 requires the Authority and its board to follow a structured governance and planning framework. The board must prepare and submit a draft business plan to the Minister each year no later than two months before the start of the next financial year (section 16(2)), covering a forecast period of five years (section 17(3)). The business plan must set out the Authority’s medium to long term economic and financial objectives, community based and research objectives, and operational targets, and how they will be achieved (section 17(1)). The board must consider commercial strategies, pricing, financial requirements, capital expenditure, personnel requirements, and initiatives to improve consumer outcomes (section 17(2)). Similarly, a draft annual operational plan must be submitted each year no later than two months before the start of the next financial year (section 20(2)), covering a one-year period and specifying objectives, performance targets, resource allocation, an outline of functions, and an estimate of income and expenditure (section 21). The Minister must approve both plans, and the Treasurer must concur before approval is given (sections 16(7) and 20(7)). The board must comply with any request from the Minister to consider or further consider any matter in a draft plan, and with any direction to make specified modifications if a draft plan has not been approved by one month before the start of the financial year (sections 18 and 22). The Authority must then perform its functions in accordance with the plans as existing from time to time (section 12). The board must hold meetings with a quorum of at least five members (Schedule 2 clause 9) and keep accurate minutes (clause 11). Each member must disclose material personal interests in matters being considered by the board as soon as possible after becoming aware of the relevant facts, and must not vote or be present while the matter is considered unless the board passes a resolution under clause 18 declaring the disqualification inapplicable (Schedule 2 clauses 16-17). The board may modify a business plan or annual operational plan only with the Minister’s approval and the Treasurer’s concurrence (sections 19 and 23). The Authority must obtain ministerial approval before acquiring or disposing of real property, and before granting a lease or licence for a term exceeding five years (including any option terms) (section 11). Borrowing from sources other than the Treasurer requires the Treasurer’s prior written approval (section 35). If the Authority borrows from the Treasurer, the Account and assets are automatically charged with repayment (section 34(2)). The Authority must comply with the Financial Management Act 2006 and Auditor General Act 2006 for financial administration, audit and reporting (section 38). Staff remuneration must not be less favourable than applicable industrial awards, orders or agreements or the Minimum Conditions of Employment Act 1993, and must be determined after consultation with the Public Sector Commissioner (section 25(3)). Park management officers must be issued identity cards in an approved form, and must produce the card whenever requested by a person in respect of whom they exercise or are about to exercise a power under section 29 or 43 (section 28). Any person who ceases to be a park management officer must return their identity card as soon as practicable (section 28(5)). When giving a notice to a vehicle owner under section 42, the notice must be in the prescribed form and include a short statement of the effect of subsection (6) (section 42(5)). If an infringement notice is included with that notice, the statement must also describe the effect of section 44(3) (section 44(4)). The Authority must ensure that any delegation under section 13 is in writing, and if the delegation is to a committee or other person, it requires ministerial approval (section 13(2)(c)). The Minister may give written directions to the board, and the board must give effect to them; the Minister must table the direction in Parliament within 14 days (section 14). The text of any direction must be included in the annual report under the Financial Management Act 2006 (section 14(6)). The Minister is entitled to access any information held by the Authority, and the Authority must make its staff and facilities available for that purpose (section 15).