LEGISLATIVE ASSEMBLY VOTES AND PROCEEDINGS · the Busselton Town Bus Service be increased from 3 days per week to 6 days per week in summer and 5 days per week in ... Final Approval

299

Assembly Votes and Proceedings No. 34 - Tuesday, 25 February 2003

WESTERN AUSTRALIA

LEGISLATIVE ASSEMBLY

VOTES AND PROCEEDINGS

No. 34

SECOND SESSION OF THE THIRTY-SIXTH PARLIAMENT

TUESDAY, 25 FEBRUARY 2003

1. Meeting of Assembly

The Assembly met at 2.00 p.m. pursuant to adjournment.

The Speaker took the Chair.

Prayers were read.

2. Death of Raymond Cecil Owen - a former Member of the Legislative Assembly

The Premier, without notice, moved,

That the House records its sincere regret of the death of Ray Cecil Owen and tenders its deepsympathy to his family.

The motion having been supported by Mr M.W. Trenorden, Mr C.J. Barnett and Mr J.H.D. Day.

Question put and passed unanimously with members and officers of the Assembly standing in theirplaces as a mark of respect.

3. Brief Ministerial Statements

The following brief Ministerial Statements were made by -

The Premier on the Government response to the Royal Commission Into Whether there has been anyCorrupt or Criminal Conduct by Western Australian Police Officers interim report recommending theestablishment of a Corruption and Crime Commission.

_______________

Paper

The following paper was presented and ordered to lie upon the Table of the House -

By the Premier -

Royal Commission into Whether there has been any Corrupt or Criminal Conduct by WesternAustralian Police Officers - Interim Report, December 2002 (779).

_______________

300


The Minister for the Environment and Heritage on the Brookdale Liquid Waste Treatment Facility.

The Minister for Public Sector Management on the Public Sector Reform - Functional Review.

The Minister for Planning and Infrastructure on the Taxi Industry Forum and possible deregulation ofthe taxi industry.

The Minister for Education and Training on the amalgamation of the Departments of Education andTraining.

The Minister for Disability Services on accommodation support for people with disabilities.

The Minister for Indigenous Affairs on the Reconciliation Grants Scheme.

The Minister for Planning and Infrastructure on the Northbridge Tunnel - settlement of claims forsubsidence.

The Minister for Sport and Recreation on the 2003 Rottnest Channel Swim winner, Ms MelissaBenson.

4. Questions

Questions without notice were taken.

Questions on notice Nos 699 to 867 were asked.

Questions on notice Nos 148 to 158, 160, 161, 182 to 187, 192, 195 to 197, 235, 236, 241, 260, 262 to264, 266, 267, 270, 271, 273, 283, 301, 306, 307, 326 to 329, 333 to 352, 358 to 361, 382, 388, 404 to407, 412, 415, 418, 419, 441, 448, 453 to 458, 468, 492 to 496, 521 to 525, 528, 530, 531, 536, 540,541, 546, 551, 564, 568, 572 to 577, 579 to 581, 583, 585 to 588, 592, 597, 599, 600, 602, 604, 605,608 to 623, and 694 to 698 were answered.

Papers tabled by the Minister for Planning and Infrastructure -

Question on Notice No. 182 – Maylands Boatyard Pty Ltd – Schedule of works followinginspection carried out prior to lease being assigned on 30 October 1998 (777).

Question on Notice No. 184 – Maylands Boatyard Pty Ltd – Searle Consulting report onstructural conditioning, immediate and future maintenance needs and compliance withAustralian Standards, August 2002 (778).

Question on Notice No. 407 – Transperth Passenger Satisfaction Monitor – Summary of theMonitor relative to the Community Newspaper Group Survey conducted by NFO DonovanResearch 2002 (774).

Question on Notice No. 602 – Metropolitan Region Scheme Amendments – WA PlanningCommission’s Policy No. DC 1.9 “Amendments to Metropolitan Region Scheme”, adoptedMarch 1992 (775).

Paper tabled by the Parliamentary Secretary to the Minister for Agriculture, Forestry and Fisheries -

Question on Notice No. 588 – Forest Products Commission – Data collected from individualsawmills for jarrah, karri and marri forests for sawn timber recovery from logs harvested frompublic timber production forests for six months ending June 2002 (776).

5. Questions - Additional Information under Standing Order No. 82A

In accordance with Standing Order No. 82A, the Minister for Planning and Infrastructure providedadditional information relating to question without notice No. 283 (dated 6 November 2002) from MsK. Hodson-Thomas.

301


_______________

Paper

The following paper was presented and ordered to lie upon the Table of the House -

By the Minister for Planning and Infrastructure -

Strategic Transport Evaluation Travel Demand Model - Technical Report on the ModelDescription, Calibration and Validation of Spectre 2.0, February 2003 (780).

_______________

6. Suspension of Standing Orders

Mr C.J. Barnett, without notice, moved, That so much of the Standing Orders be suspended as isnecessary to enable the following motion to be moved forthwith -

That this House expresses no confidence in the Minister for the Environment and Heritage.

Debate ensued.

Question put.

The Speaker having counted the House, and an absolute majority present and there being nodissentient voice, the motion was declared by the Speaker to be carried with the concurrence of anabsolute majority of the whole number of members of the House.

7. Want of Confidence in the Minister for the Environment and Heritage

Mr C.J. Barnett, pursuant to the foregoing motion, moved,

That this House expresses no confidence in the Minister for the Environment and Heritage.

Debate ensued.

Question put.

The Assembly divided.

Ayes (20)Mr C.J. Barnett Mr B.J. Grylls Mr R.N. SweetmanMr D.F. Barron-Sullivan Ms K. Hodson-Thomas Mr M.W. TrenordenMr M.J. Birney Mr M.G. House Mr T.K. WaldronMr M.F. Board Mr R.F. Johnson Ms S.E. WalkerDr E. Constable Mr W.J. McNee Dr J.M. WoollardMrs C.L. Edwardes Mr B.K. Masters Mr J.L. Bradshaw (Teller)Mr J.P.D. Edwards Mr P.D. Omodei

Noes (27)Mr P.W. Andrews Mr J.C. Kobelke Mrs C.A. MartinMr J.J.M. Bowler Mr R.C. Kucera Mr M.P. MurrayMr A.J. Carpenter Mr F.M. Logan Mr A.P. O’GormanMr A.J. Dean Ms A.J. MacTiernan Mr J.R. QuigleyDr J.M. Edwards Mr J.A. McGinty Mr E.S. RipperDr G.I. Gallop Mr M. McGowan Mr D.A. TemplemanMrs D.J. Guise Ms S.M. McHale Mr P.B. WatsonMr S.R. Hill Mr A.D. McRae Mr M.P. WhitelyMr J.N. Hyde Mr N.R. Marlborough Ms M.M. Quirk (Teller)

Question thus negatived.

302


8. Petitions

Accommodation Support Services for People with Disabilities - Petitions requesting that urgentattention be given to the increased provision of accommodation support services, respite services and"Post School Option" services for persons with disabilities and their families were presented by -

Dr E. Constable from 4 persons (P. 66); and

Mr P.W. Andrews from 4 persons (P. 68).

Medicare Bulk Billing - Mr B.K. Masters presented a petition from 26 persons requesting that GeneralPractitioners be encouraged to bulk bill low income patients (P. 67).

Busselton Town Bus Service - Mr B.K. Masters presented a petition from 197 persons requesting thatthe Busselton Town Bus Service be increased from 3 days per week to 6 days per week in summer and5 days per week in winter (P. 69).

Leach Highway, South Street and Eastern Bypass - Mr M.F. Board presented a petition from 128persons requesting that Leach Highway and South Street not be reclassified to freeway status and theEastern Bypass not be removed from the Metropolitan Region Scheme (P. 70).

Non-Government School Funding - Mr M.F. Board presented a petition from 28 persons requestingthat non-government school funding be increased from 17.8% to 25% of the total real governmentschool per pupil average cost (P. 71).

9. Papers

The following papers were presented and ordered to lie upon the Table of the House -

By the Speaker -

Auditor General, Office of the [OAG] - Report on Ministerial Portfolios at 29 November2002, Report No. 9, 2002 (Received by the Clerk of the Legislative Assembly on 11 December 2002) (619).

Inspector of Custodial Services, Office of the - Report of an Announced Inspection ofCasuarina Prison - Report No. 11 - October 2002 (Received by the Clerk of the Legislative Assembly on20 November 2002 and held for a period of 30 days as directed by section 109N(4) of the Prisons Act 1981)(620).

Inspector of Custodial Services, Office of the - Report of an Announced Inspection of HakeaPrison - Report No. 12 - March 2002 (Received by the Clerk of the Legislative Assembly on 20 December

2002 and held for a period of 30 days as directed by section 109N(4) of the Prisons Act 1981) (621).

The following papers were presented and ordered to lie upon the Table of the House -

Administration Act 1903 - Regulations (Administration Act Amendment Regulations 2002 G.G.

04/02/2003) (622).

Adoption Act 1994 - Regulations (Adoption Amendment Regulations (No. 2) 2002 G.G. 10/12/2002)

(623).

Agricultural Practices Board of Western Australia - Annual Report 2001-2002 (624).

Agriculture and Related Resources Protection Act 1976 - Regulations (Noxious Weeds Repeal

Regulations 2002 G.G. 10/12/2002) (625).

Animal Resources Authority - Annual Report 2001-2002 (626).

Armadale Redevelopment Authority - Annual Report 2001-2002 (627).

Art Gallery of Western Australia - Annual Report 2001-2002 (628).

Betting Control Act 1954 - Regulations (Betting Control Amendment Regulations (No. 2) 2002 G.G.

17/12/2002) (629).

Botanic Gardens and Parks Authority - Annual Report 2001-2002 (630).

Burswood Park Board - Annual Report 2001-2002 (631).

Bush Fires Act 1954 - Regulations (Bush Fires (Infringements) Amendment Regulations 2003 G.G.

10/01/2003) (632).

303


Bush Fires Act 1954 - Regulations (Bush Fires Amendment Regulations 2003 G.G. 10/01/2003) (633).

Busselton Water, Board of - Annual Report 2001-2002 (634).

Cemeteries Act 1986 - Local Laws (Shire of Esperance - Cemeteries Local Law G.G. 13/12/2002) (635).

Centre for Pathology and Medical Research, The Western Australian [PathCentre] - AnnualReport 2001-2002 (636).

Coal Industry Tribunal of Western Australia - Coal Industry Tribunal of Western Australia,Collie Board of Reference and the Coal Industry Tribunal of Western Australia Act 1992,October 2002 (637).

Coal Miners’ Welfare Board of Western Australia and the Coal Miners Welfare Act 1947 -Review, October 2002 (638).

Coastal Shipping Commission, Western Australian (Stateships) - Annual Report 2001-2002(639).

Commercial Tribunal of Western Australia - Annual Report 2001-2002 (640).

Commonwealth Places (Mirror Taxes Administration) Act 1999 - Regulations (Commonwealth

Places (Mirror Taxes Administration) Regulations 2002 G.G. 17/12/2002) (641).

Conservation and Land Management, Department of [CALM] - Lease No. 2111/100 Part ofReserve No. 9868 Yanchep National Park between the Department of Conservation and LandManagement [CALM] and the City of Wanneroo, 23 November 2002 (642).

Country High School Hostels Authority - Annual Report 2001-2002 (643).

Curtin University of Technology Act 1966 - Statutes (Curtin University of Technology - Amending

Statute 11 - Statute Amending Statute 4 - Student Guild G.G. 24/01/2003) (644).

Curtin University of Technology Act 1966 - Statutes (Curtin University of Technology - Statute No. 26

- Fees and Charges G.G. 24/01/2003) (645).

Disability Services Commission - Annual Report 2001-2002 (646).

Dog Act 1976 - Local Laws (City of Geraldton Dogs Local Law (Amendment No. 1) 2002 G.G. 13/12/2002)

(647).

Dog Act 1976 - Local Laws (Shire of Jerramungup - Dogs Local Law G.G. 07/02/2003) (648).

East Perth Redevelopment Act 1991 - Ministerial approval under section 34 of the Act forAmendment No. 14 to the East Perth Redevelopment Scheme relating to parking inNorthbridge (649).

East Perth Redevelopment Act 1991 - Ministerial approval under section 19(8) of the Act forFinal Approval to the portion of the subdivision of The Village Northbridge, as contained insubdivision application SA00/02, and endorses the attached Plan/Diagram of Survey 34242(650).

East Perth Redevelopment Act 1991 - Ministerial approval under section 44(1) of the Act forDevelopment Application 02/58 for the Stage 3B works, being upgrade of Newcastle Street,between William Street and Lord Street; subdivision (civil infrastructure) works involving theconstruction of new roads 701, 702, 801, 802, 804 and New Braid Street in the Parry StreetPrecinct; and the upgrade of portions of the streets surrounding Weld Square, as depicted onPlan DD-040 (651).

East Perth Redevelopment Act 1991 - Ministerial approval under section 44(1) of the Act forDevelopment Application 02/41 for the environmental remediation of the land within theMuseum Street Precinct and the Lindsay Street Precinct, Northbridge (652).

East Perth Redevelopment Act 1991 - Ministerial approval under section 44(1) of the Act forDevelopment Application 02/73, being the demolition of all the buildings and structures,earthworks, removal of all vegetation and environmental remediation on the formerTransperth Depot site in Hay Street, East Perth (653).

304


East Perth Redevelopment Act 1991 - Ministerial approval under section 19(7) of the Act forthe award of the Forward Works contract for the Metrobus site to Georgiou Group for the sumof $4,781,003.27 (inc GST) for the demolition of all the buildings and structures, earthworks,removal of all vegetation and environmental remediation (654).

East Perth Redevelopment Authority - Annual Report 2001-2002 (655).

Eastern Goldfields Transport Board - Annual Report 2001-2002 (656).

Eastern Pilbara College of TAFE - Ministerial approval for extension of time for submissionof Annual Report 2002 (657).

Edith Cowan University Act 1984 - Statutes (Edith Cowan University - Amending Statute No. 2 of 2002

G.G. 24/01/2003) (658).

Electricity Act 1945 - Regulations (Electricity (Licensing) Amendment Regulations 2003 G.G. 31/01/2003)

(659).

Environmental Protection Act 1986 - Regulations (Environmental Protection Amendment Regulations

(No. 3) 2001 G.G. 20/12/2002) (660).

Fish Resources Management Act 1994 - Management Plans (Pilbara Fish Trawl Fishery (Interim)

Management Plan Amendment 2002 G.G. 24/12/2002) (661).

Fish Resources Management Act 1994 - Management Plans (Pilbara Trap Fishery Management Plan

Amendment 2002 G.G. 20/12/2002) (662).

Fish Resources Management Act 1994 - Management Plans (West Coast Deep Sea Crab Fishery

(Interim) Management Plan 2003 G.G. 28/01/2003) (663).

Fish Resources Management Act 1994 - Orders (Prohibition on Fishing (Lancelin Island Lagoon)

Amendment Order 2002 G.G. 04/02/2003) (664).

Fish Resources Management Act 1994 - Regulations (Fish Resources Management Amendment

Regulations (No. 14) 2002 G.G. 13/12/2002) (665).

Forest Products Commission - Annual Report 2001-2002 (Volume 1) (666).

Forest Products Commission - Annual Report 2001-2002 (Volume 2) (667).

Gas Disputes Arbitrator, Western Australian - Annual Report 2001-2002 (668).

Gas Pipelines Access (Western Australia) Act 1998 - Regulations (Gas Pipelines Access (Western

Australia) (Funding) Amendment Regulations 2002 G.G. 20/12/2002) (669).

Gas Standards Act 1972 - Regulations (Gas Standards (Gasfitting and Consumer Gas Installations)

Amendment Regulations 2003 G.G. 31/01/2003) (670).

Gascoyne Development Commission - Annual Report 2001-2002 (671).

Gold Corporation - Annual Report 2001-2002 (672).

Government of Western Australia, The - Government Mid-Year Financial ProjectionsStatement 2002-2003, December 2002 (673).

Government of Western Australia, The - Quarterly Financial Results Report 2002-2003,September 2002 (674).

Hawthorn Hospital - Annual Report 2001-2002 (676).

Health Act 1911 - Local Laws (Shire of Esperance Health (Eating Houses) Local Laws 2002 G.G.

13/12/2002) (677).

Health Act 1911 - Local Laws (Shire of Esperance Health (Eating-Houses) Local Laws 2002 G.G.

04/02/2003) (678).

Health Act 1911 - Regulations (Health (ANZ Food Standards Code Adoption) Amendment Regulations

2002 G.G. 31/01/2003) (679).

Health Act 1911 - Regulations (Health (Meat Hygiene) Amendment Regulations (No. 3) 2002 G.G.

03/12/2002) (680).

305


Health Act 1911 - Regulations (Health Act (Swimming Pools) Amendment Regulations (No. 2) 2002 G.G.

17/12/2002) (681).

Health Promotion Foundation [Healthway], Western Australian - Annual Report 2001-2002(682).

Health Review, Office of - Annual Report 2001-2002 (683).

Health, Department of - Annual Report 2001-2002 (684).

Heritage Council of Western Australia - Annual Report 2001-2002 (685).

Independent Gas Pipelines Access Regulator - Annual Report 2001-2002 (686).

Joint Standing Committee on the Anti-Corruption Commission - Integrity within the PublicSector - Review of the Anti-Corruption Commission, Report No. 2 - December 2002 (Deemed

tabled 19 December 2002) (773).

Industrial Relations Act 1979 - Regulations (Industrial Relations Commission Amendment Regulations

(No. 3) 2002 G.G. 17/12/2002) (687).

Kimberley Development Commission - Annual Report 2001-2002 (688).

Land Administration, Department of [DOLA] - Submission No. 23/2002 Amendment to Class‘A’ Reserve 17648 in Shire of Lake Grace is set aside for the purposes of “Water andConservation of Flora and Fauna” (689).

Land Administration, Department of [DOLA] - Submission No. 24/2002 Amendment to Class“A” Reserve 41010 in the Shire of Denmark for purpose of “Conservation of Flora and Fauna”(690).

Land Administration, Department of [DOLA] - Submission No. 1/2003 Amendment to Class“A” Reserve 4561 in the City of Armadale for the purpose of “Parklands” (691).

Land Administration, Department of [DOLA] - Submission No. 2/2003 Amendment to Class“A” Reserve 23303 in the City of Rockingham for the purpose of “Community Centre andChildren’s Playground” (692).

Land Administration, Department of [DOLA] - Submission No. 3/2003 Amendment to Class“A” Reserve 17098 in the Shire of Kalamunda for the purpose of “Recreation and PublicPark” (693).

Land Authority, Western Australian [LandCorp] - Ministerial approval for extension of timefor submission of Annual Report 2001-2002 (694).

Land Care Trust, Western Australian - Annual Report 2001-2002 (695).

Law Reform Commission of Western Australia, The - Report on Judicial Review ofAdministrative Decisions, Project No. 95, December 2002 (696).

Legal Practice Board - Annual Report 2001-2002 (697).

Legal Practitioners’ Disciplinary Tribunal - Annual Report 2001-2002 (698).

Local Courts Act 1904 - Rules (Local Court Amendment Rules (No. 2) 2002 G.G. 20/12/2002) (699).

Local Courts Act 1904 - Rules (Local Court Amendment Rules 2002 G.G. 17/12/2002) (700).

Local Government Act 1995 - Local Laws (City of Perth - Amendments to the Perth Parking Local Law

1999 G.G. 06/12/2002) (701).

Local Government Act 1995 - Local Laws (City of Perth - Amendments to the Perth Parking Local Law

1999 G.G. 07/02/2003) (702).

Local Government Act 1995 - Local Laws (Mindarie Regional Council Tamala Park Local Law 2002

G.G. 27/12/2002) (703).

Local Government Act 1995 - Local Laws (Municipality of the Shire of Exmouth - Amendment to Shire

of Exmouth Local Government Property Local Law G.G. 13/12/2002) (704).

Local Government Act 1995 - Local Laws (Shire of Dalwallinu - Local Law Relating to Activities on

Thoroughfares and Trading in Public Places G.G. 10/12/2002) (705).

306


Local Government Act 1995 - Local Laws (Shire of Derby-West Kimberley - Local Government Property

Local Law G.G. 06/12/2002) (706).

Local Government Act 1995 - Local Laws (Town of Kwinana - Fencing Local Law G.G. 10/01/2003)

(707).

Local Government Act 1995 - Local Laws (Town of Mosman Park Amendment Local Law (No. 1) 2002

G.G. 27/12/2002) (708).

Local Government Grants Commission, Western Australian - Annual Report 2001-2002(709).

Medical Board of Western Australia - Annual Report 2001-2002 (710).

Metropolitan (Perth) Passenger Transport Trust [MetroBus] - Annual Report 2001-2002 (711).

Midland Redevelopment Authority - Annual Report 2001-2002 (712).

Minerals and Energy Research Institute of Western Australia [MERIWA] - Annual Report2001-2002 (713).

Mining Act 1978 - Regulations (Mining Amendment Regulations (No. 5) 2002 G.G. 17/01/2003) (714).



Motor Vehicle Dealers Act 1973 - Regulations (Motor Vehicle Dealers (Infringements) Amendment

Regulations 2002 G.G. 28/01/2003) (717).

Murdoch University Act 1973 - Statutes (Murdoch University - Amending Statute G.G. 24/01/2003)

(718).

Museum, Western Australian - Annual Report 2001-2002 (719).

National Trust of Australia (WA), The - Annual Report 2001-2002 (720).

Nurses Board of WA - Annual Report 2001-2002 (721).

Occupational Safety and Health Act 1984 - Regulations (Occupational Safety and Health Amendment


Osteopaths Registration Board of Western Australia - Annual Report 2001-2002 (723).

Parliamentary Superannuation Board - Final Report July to October 2000 (724).

Pawnbrokers and Second-hand Dealers Act 1994 - Regulations (Pawnbrokers and Second-hand

Dealers Amendment Regulations (No. 2) 2002 G.G. 03/12/2002) (725).

Peel Development Commission - Annual Report 2001-2002 (726).

Perth Market Authority - Annual Report 2001-2002 (727).

Perth Theatre Trust - Annual Report 2001-2002 (728).

Pilbara Development Commission - Annual Report 2001-2002 (729).

Plant Diseases Act 1914 - Regulations (Plant Diseases Amendment Regulations (No. 5) 2002 G.G.

10/01/2003) (730).

Plant Diseases Act 1914 - Regulations (Plant Diseases Amendment Regulations 2003 G.G. 24/01/2003)

(731).

Police Act 1892 - Regulations (Police (Fees) Amendment Regulations 2003 G.G. 07/02/2003) (732).

Port Authorities Act 1999 - Regulations (Port Authorities Amendment Regulations 2003 G.G. 31/01/2003)

(733).

Potato Growing Industry Trust Fund Advisory Committee, The - Annual Report 2001-2002(734).

Poultry Industry Trust Fund Committee, The - Annual Report 2001-2002 (735).

Public Trustee Act 1941 - Regulations (Public Trustee Amendment Regulations 2002 G.G. 17/01/2003)

(736).

307


Queen Elizabeth II Medical Centre Trust - Annual Report 2001-2002 (737).

Rail Access Regulator, Office of the - Annual Report 2001-2002 (738).

Real Estate and Business Agents Act 1978 - Regulations (Real Estate and Business Agents (General)

Amendment Regulations 2003 G.G. 07/02/2003) (739).

Real Estate and Business Agents Supervisory Board - Annual Report 2001-2002 (740).

Road Traffic Act 1974 - Regulations (Road Traffic (Vehicle Standards 2002) Amendment Regulations

2002 G.G. 03/01/2003) (741).

Road Traffic Act 1974 - Regulations (Road Traffic Code Amendment Regulations (No. 2) 2002 G.G.

11/12/2002) (742).

Road Traffic Act 1974 - Rules (Road Traffic (Vehicle Standards) Amendment Rules 2002 G.G. 03/01/2003)

(743).

Rural Business Development Corporation - Annual Report 2001-2002 (744).

School Education Act 1999 - Regulations (School Education Amendment Regulations 2002 G.G.

17/12/2002) (745).

Settlement Agents Supervisory Board - Annual Report 2001-2002 (746).

Small Business Development Corporation - Annual Report 2001-2002 (747).

Sport, Western Australian Institute of - Annual Report 2001-2002 (748).

State Supply Commission - Annual Report 2001-2002 (749).

State Trading Concerns Act 1916 - Regulations (State Trading Concerns (Authorisation) Amendment


Stock Diseases (Regulations) Act 1968 - Regulations (Enzootic Diseases Amendment Regulations (No.

3) 2002 G.G. 10/12/2002) (751).

Subiaco Redevelopment Authority - Annual Report 2001-2002 (752).

Swan River Trust - Annual Report 2001-2002 (753).

Transport Co-ordination Act 1966 - Regulations (Country Taxi-cars (Fares and Charges) Amendment

Regulations 2002 G.G. 24/12/2002) (754).

Treasury Corporation, Western Australian - Quarterly Report for period ended 31 December2002 (675).

Trustee Companies Act 1987 - Regulations (Trustee Companies (Designation of Trustee Companies)

Regulations 2002 G.G. 20/12/2002) (755).

University of Western Australia Act 1911 - Statutes (Amending Statute No. 2 of 2002 G.G. 03/12/2002)

(756).

University of Western Australia Act 1911 - Statutes (University of Western Australia - Amending

Statute No. 3 of 2002 G.G. 24/01/2003) (757).

Veterinary Surgeons Act 1960 - Regulations (Veterinary Surgeons Amendment Regulations 2002 G.G.

13/12/2002) (758).

Water Agencies (Powers) Act 1984 - Regulations (Rights in Water and Irrigation Amendment


Water and Rivers Commission - Annual Report 2001-2002 (760).

West Pilbara College of TAFE - Ministerial approval for extension of time for submission ofAnnual Report 2002 (761).

Western Australian Land Authority Act 1992 - Ministerial approval under section 17A of theAct for the Authority to enter into a contract with Marsh Civil Engineering Contractors Pty.Ltd. for remediation and civil works for the Riseley and Leath Roads Kwinana Project (762).

308


Western Australian Land Authority Act 1992 - Ministerial approval under section 17A of theAct for the Authority to enter into a lease agreement for office accommodation for initial termof three years, with an option to extend for a further two years (763).

Western Australian Meat Industry Authority Act 1976 - Regulations (Western Australian Meat

Industry Authority Amendment Regulations 2002 G.G. 13/12/2002) (764).

Western Australian Trotting Association Act 1946 - Rules (Rules of Harness Racing 1999 - Notice of

Amendment G.G. 03/12/2002) (765).


Amendment G.G. 10/01/2003) (766).


Amendment G.G. 10/01/2003) (767).


Amendment G.G. 10/01/2003) (768).

Wheatbelt Development Commission - Annual Report 2001-2002 (769).

Wildlife Conservation Act 1950 - Regulations (Wildlife Conservation Amendment Regulations 2003

G.G. 04/02/2003) (770).

Workers' Compensation and Rehabilitation (Acts of Terrorism) Act 2001 - Regulations(Workers' Compensation and Rehabilitation (Acts of Terrorism) (Final Day) Regulations 2002 G.G. 03/12/2002)(771).

Zoological Parks Authority - Annual Report 2001-2002 (772).

10. Speaker's Statement - Non Compliance with Direction to Respond to CommunityDevelopment and Justice Standing Committee Recommendations

The Speaker reported that a response by the Minister for Police and Emergency Services to therecommendations of the Community Development and Justice Standing Committee’s “Report onEmergency Services in Western Australia” had not been received by the required time.

11. Notices of Motion

12. Messages from the Governor

Messages from His Excellency the Governor were reported assenting to the following Bills -

No. 59 - 5 December 2002

Emergency Services Levy Bill 2002, Act No. 39 of 2002.

Railway (Jandakot to Perth) Bill 2002, Act No. 40 of 2002.


Child Support (Adoption of Laws) Amendment Bill 2001, Act No. 41 of 2002.


Fire and Emergency Services Legislation (Emergency Services Levy) Amendment Bill 2002,Act No. 42 of 2002.

Conservation and Land Management Amendment Bill 2002, Act No. 43 of 2002.

No. 62 - 3 January 2003

Acts Amendment (Student Guilds and Associations) Bill 2002, Act No. 44 of 2002.

Occupational Safety and Health Amendment Bill 2002, Act No. 54 of 2002.

No. 63 - 14 January 2003

Terrorism (Commonwealth Powers) Bill 2002, Act No. 53 of 2002.

309


13. Messages from the Legislative Council

Messages from the Legislative Council were reported returning the following Bills withoutamendment -

11 December 2002

Taxation Administration (Consequential Provisions) Bill 2001 (Message No. 27).

Taxation Administration (Consequential Provisions) (Taxing) Bill 2001 (Message No. 28).

Pay-roll Tax Assessment Bill 2001 (Message No. 30).

Pay-roll Tax Bill 2001 (Message No. 31).

Debits Tax Bill 2001 (Message No. 32).

Debits Tax Assessment Bill 2001 (Message No. 33).

Land Tax Bill 2001 (Message No. 34).

Land Tax Assessment Bill 2001 (Message No. 35).

12 December 2002

Terrorism (Commonwealth Powers) Bill 2002 (Message No. 36).

19 December 2002

Acts Amendment (Student Guilds and Associations) Bill 2002 (Message No. 37).

Occupational Safety and Health Amendment Bill 2002 (Message No. 38).

14. Taxation Administration Bill 2001

Message No. 26 dated 11 December 2002 from the Legislative Council was reported as follows -

The Legislative Council acquaints the Legislative Assembly that it has agreed to the TaxationAdministration Bill 2001 subject to the amendments contained in the Schedule annexed; in whichamendments the Legislative Council desires the concurrence of the Legislative Assembly.

Schedule indicating the amendments made by the Legislative Council in the Taxation AdministrationBill 2001

No. 1

Clause 16, page 8, line 21 - To insert before “The” -

“ Subject to subsection (5), ”.

No. 2

Clause 16, page 8, lines 29 and 30 - To delete the lines and insert instead -

“(5) If an assessment is based on a particular interpretation of the applicable law or a

particular practice of the Commissioner that was generally applied to assessmentsof that kind when the assessment was made, then the Commissioner cannot make areassessment based on the ground that the interpretation or practice is or waserroneous.

”.No. 3

Clause 16, page 9, lines 1 to 3 - To delete the lines.

No. 4

Clause 18, page 9, line 29 to page 10, line 5 - To delete the lines.

310


No. 5

Clause 19, page 10, line 21 - To insert after “suspects” -

“ on reasonable grounds ”.

No. 6

Clause 20, page 11, line 6 - To insert before “create” -

“ subject to subsection (4), ”.

No. 7

Clause 20, page 11, line 14 - To insert before “if” -

“ subject to subsection (4), ”.

No. 8

Clause 20, page 11, line 21 - To insert after “may” -

“ , subject to subsection (4), ”.

No. 9

Clause 20, page 11, after line 23 - To insert -

“(4) The Commissioner can only create a memorandum of an instrument under

subsection (1)(a), (2)(b) or (3) if the Commissioner has, so far as is practicable,made reasonable efforts to obtain sufficient information to make an accurateassessment.

”.No. 10

Clause 23, page 13, line 9 - To insert after “reassessment” -

“ provided confirmation is given in writing if requested ”.

No. 11

Clause 30, page 17, lines 2 to 4 - To delete “may, from time to time, issue guidelines setting out thepolicy to be followed” and insert instead -

“ must publish the policy followed by the Commissioner ”.

No. 12


No. 13

Clause 34, page 19, lines 3 and 4 - To delete the lines.

No. 14


“(4) Where a decision of the Commissioner is by any of the taxation Acts declared to

be non-reviewable a taxpayer may, within 60 days of being notified in writing ofthe decision, apply to a Small Claims Tribunal constituted by a Magistrate for thedecision to be reconsidered.

311


(5) A Small Claims Tribunal to which an application is made pursuant tosubsection (4) shall have power to hear and redetermine a matter which had beendecided by the Commissioner and any determination of the Small Claims Tribunalwhen made shall stand as if made by and substituted for that of the Commissioner.

”.No. 15


“(c) if a taxpayer has requested a statement of grounds in accordance with

section 25(2)(a) within 30 days of the issue of the assessment — the dateon which the Commissioner serves a statement of the grounds.

”.No. 16

Clause 38, page 22, lines 4 and 5 - To delete “the decision period” and insert instead -

“ 120 days of the day that the objection was lodged with the Commissioner ”.

No. 17

Clause 38, page 22, lines 6 and 7 - To delete “refer the objection to the Supreme Court.” and insertinstead -

“apply to the appeal body for directions as to any or all of the matters referred to inthis section, including but not limited to —

(a) the length of the decision period;

(b) the time for a taxpayer to comply with a request for information;

(c) the information to be provided by the taxpayer;

(d) the time for the Commissioner to seek advice and assistance from anexternal agency.

”.No. 18

Clause 38, page 22, lines 9 and 10 - To delete “refer the objection to the Supreme Court by way ofappeal as soon as practicable” and insert instead -

“ apply to the appeal body within 14 days of the written notice ”.

No. 19

Clause 38, page 22, line 11 - To delete “Supreme Court” and insert instead -

“ appeal body ”.

No. 20


“(8) In this section, ‘appeal body’ means the Court or Tribunal which has jurisdiction to

hear appeals with respect to that matter under section 41. ”.

312


No. 21


“(2) Except for appeals under subsection (1), where the amount of tax in issue is the

limit amount or less, an appeal under section 40(1) may be made to the SmallClaims Tribunal constituted by a Magistrate and the Tribunal has jurisdiction tohear and determine the appeal.

”.No. 22


“(4) The limit amount from time to time for the purpose of subsection (2) is —

(a) $10 000;

(b) the maximum amount with respect to which the Small Claims Tribunal hasjurisdiction in its ordinary jurisdiction; or

(c) an amount prescribed,

whichever is the greatest. ”.

No. 23


No. 24

Clause 45, page 26, line 10 - To delete “on” and insert instead -

“ within 30 days of ”.

No. 25

Clause 63, page 35, line 22 - To insert after “them” -

“ but not so as to recover more than the whole of the tax ”.

No. 26


“(4) However, a garnishee notice served on the employer of a taxpayer can require the

garnishee to pay to the Commissioner the wages payable by the garnishee to thetaxpayer in respect of a period only to the extent of the amount by which theamount of the wages exceeds the amount of average earnings for that periodcalculated on the basis of statistics published in respect of the period by thegovernment statistician.

”.No. 27

Clause 67, page 37, line 28 to page 38, line 4 - To delete the lines and insert instead -

“(1) This section applies where the Commissioner believes, on reasonable grounds,

that —

(a) a body corporate has been trading while insolvent to the knowledge of adirector;

313


(b) the Commissioner has issued an assessment notice, which assessmentconsists of or includes an amount in relation to pay-roll tax, to the bodycorporate, and the amount assessed in relation to pay-roll tax has not beenpaid by the due date.

(2) The Commissioner may serve notice on the director informing the director that thedirector, along with any other directors of the body corporate on whom theCommissioner serves notice in similar terms, will become jointly and severallyliable with the body corporate for the payment of the pay-roll tax unless before theexpiry of 28 days from the date of the notice the body corporate remedies itsdefault.

”.No. 28

Clause 67, page 38, lines 10 to 12 - To delete all words after “director” and insert instead -

“, then the Commissioner may apply to the Supreme Court for an order forsubstituted service in accordance with section 108(2).

”.No. 29


“(8) In proceedings for recovery of tax from a director under this section, the onus of

establishing that the director did not have the knowledge required bysection 67(1)(a) is on the director.

”.No. 30

Clause 67, page 39, lines 14 to 16 - To delete the words after “to” and insert instead -

“(a) a director of a body corporate to which the Statutory Corporations

(Liability of Directors) Act 1996 applies; or

(b) a director of a body corporate that has been incorporated under theAssociations Incorporation Act 1987.

”.No. 31

Clause 69, page 40, line 23 - To insert after “date” -

“ because it is taken not to be paid under subsection (5) ”.

No. 32


“(6) A memorial under subsection (1) creating a charge on land for stamp duty payable

in relation to a transaction cannot be lodged until the title to the land has beentransferred in accordance with the transaction.

”.No. 33

Clause 82, page 49, line 3 - To insert before “wilfully” -

“ within the time during which the tax record is required to be kept, ”.

314


No. 34

Clause 86, page 52, lines 10 to 12 - To delete the lines and insert instead -

“(4) The Commissioner must —

(a) allow the person a reasonable time within which to comply with arequirement; and

(b) if the requirement is made by notice served on the person, specify the timeallowed in the notice.

(5) A person must comply with a requirement under this section within the timeallowed under subsection (4) or within any further time allowed by theCommissioner.

”.No. 35


“(2) While an instrument or other document is being retained under subsection (1), the

Commissioner must permit the inspection of the instrument or document by, orprovide a copy of it to —

(a) in the case of an instrument within the meaning of the Stamp Act 1921 —a party to the transaction to which the instrument relates; or

(b) in any other case — the person who lodged the instrument or documentwith the Commissioner.

”.No. 36


“(3) Where an investigator makes a recording under subsection (1), the person

attending for examination may request a copy of the recording, and the investigatoris to provide a copy to them within 30 days of the date of the request.

”.

No. 37

Clause 90, page 54, line 27 - To delete “authorised the investigator” and insert instead -

“ given the investigator prior authorisation in writing ”.

No. 38

Clause 91, page 55, line 11 - To insert after “Act” -

“ except where the power of entry is exercised pursuant to a warrant under section 90(2)(b) ”.

315


No. 39

Clause 91, page 55, lines 13 to 14 - To delete “specifically authorised to do so by the Commissioner,”and insert instead -

“given specific prior authorisation in writing by the Commissioner withrespect to those premises,

”.No. 40


“(2) Where an investigator exercises a power of entry pursuant to a warrant under

section 90(2)(b), the investigator may only exercise those powers set out insection 91(1) that the warrant specifically authorises the investigator to use.

”.No. 41

Clause 93, page 58, lines 7 and 8 - To delete “authorised the investigator” and insert instead -

“ given the investigator prior authorisation in writing ”.

No. 42


No. 43

Clause 100, page 61, lines 21 to 24 - To delete the lines and insert instead -

“(2) It is a defence to a charge of an offence by a director under this section to prove

that the defendant —

(a) did not aid, abet, counsel or procure the act or omission of the bodycorporate concerned; and

(b) was not in any way, by act or omission, directly or indirectly, knowinglyconcerned in, or party to, the act or omission of the body corporate.

”.No. 44

Clause 102, page 62, line 3 - To delete “5” and insert instead -

“ 3 ”.

No. 45

Clause 107, page 66, line 5 - To insert before “tax” -

“ land tax or debits ”.

No. 46


316


No. 47


“(2) Where any of the methods of service in section 108(1) are impracticable, or have

failed, the Commissioner can apply to the Supreme Court for substituted service. ”.

No. 48

Clause 108, page 67, line 11 - To insert after “personally,” -

“ unless the contrary is proved,”.

No. 49


“(3) A regulation made under section 95(f) may not be contained in regulations dealing

with any other matter and is to disclose in its title that it is a regulation whichremoves the protection given by a law from the disclosure of information.

”.No. 50

Glossary, page 73, after line 23 - To insert the following definition -

““publish”, for the purposes of sections 30 and 118, means —

(a) arrange for a summary of a new policy or a change in policy to beadvertised in the Gazette; and

(b) arrange for the current policy to be made available, at no cost, on anappropriate internet site or from the Office of State Revenue;

”.

No. 51

New Clauses 67A to 67H, page 39, after line 16 - To insert the following new Clauses -

“67A. Director of body corporate may apply

(1) Any person served with a notice under section 67(2) may apply to the SupremeCourt for an order setting aside that notice.

(2) The body corporate, of which a person served with a notice under section 67(2) isa director, may also apply to the Court for an order setting aside any such notice.

(3) An application under subsections (1) or (2) may only be made within 21 days afterthe notice is so served.

(4) An application is made in accordance with this section only if, within the timeperiod specified in subsection (3) —

(a) an affidavit supporting the application is filed with the Court; and

(b) a copy of the application, and a copy of the supporting affidavit, are servedon the Commissioner.

317


67B. Determination of application where there is a dispute

(1) This section applies where, on an application under section 67A, the Court issatisfied that there is a genuine dispute between the body corporate and theCommissioner about —

(a) the validity;

(b) the merits; or

(c) the amount,

of the assessment to which the notice relates, so far as that assessment concernspay-roll tax.

(2) Where subsection (1) applies, the Court must, by order —

(a) set aside the notice or notices referred to in the application;

(b) order the Commissioner to withdraw any other notice served on anydirector of the body corporate under section 67 which relates to theassessment.

67C. Setting aside demand on other grounds

(1) On application under section 67A, the Court may by order set aside the notice andorder the Commissioner to withdraw any other notice if it is satisfied that —

(a) because of a defect in the notice, substantial injustice will be caused unlessthe notice is set aside; or

(b) there is some other reason why the notice should be set aside.

(2) Except as provided in subsection (1), the Court must not set aside a notice merelybecause of a defect.

67D. Effect of order setting aside notice

A notice served on a director of a body corporate under section 67(2) has no effectwhile there is in force under section 67B or 67C an order setting aside any noticeserved on any director of that body corporate.

67E. Dismissal of application

Unless the Court makes, on an application under section 67A, an order undersection 67B or 67C, the Court is to dismiss the application.

67F. Order subject to conditions

An order under section 67B or 67C may be made subject to conditions.

67G. Costs where applicant successful

Where, on an application under section 67A, the Court sets aside the notice, it mayorder the Commissioner to pay the applicant’s costs in relation to the application.

318


67H. Period of remedying default

Notwithstanding anything contained in section 67, if an application is made inaccordance with section 67A for an order setting aside a notice, the period forcompliance with that notice and any other notice which has been served on anydirector of the body corporate to which the notice relates, shall be the periodbeginning on the day when the demand is served and ending 7 days after theapplication under section 67A is finally determined or otherwise disposed of.

”.No. 52

New Clause 94A, page 58, after line 31 - To insert the following new Clause -

“94A. Legal professional privilege

(1) A person must provide an official document when so required by theCommissioner or an investigator whether or not that official document wouldotherwise be protected by legal professional privilege.

(2) A document, information or relevant material that, at the time it is provided to, oracquired by the Commissioner or an investigator, is claimed to be protected bylegal professional privilege —

(a) is to be separated from any document, information or relevant material forwhich no claim is made, retained under secure conditions in a sealedcontainer to which must be affixed the name, address and contact detailsof the person making the claim and of the person on whose behalf theclaim is made, and a statement that the contents are, or may be, subject tolegal professional privilege;

(b) is not to be viewed, accessed, or otherwise dealt with by theCommissioner or an investigator for any purpose.

(3) Where no claim is made under subsection (2), but it is apparent on examination bythe Commissioner or an investigator that a document, information or relevantmaterial that has been provided or acquired is, or is likely to be, protected by legalprofessional privilege, it becomes the duty of the Commissioner or an investigatorto comply with subsection (2) in relation to that document, information or relevantmaterial.

(4) If a claim of legal professional privilege is made for a document, information orrelevant material already in the possession of the Commissioner or an investigator,and at the time that the claim is made the document, information or relevantmaterial —

(a) has not been examined, accessed, or dealt with for a purpose under ataxation Act, subsection (2) applies as if the claim had been made at thetime when it was provided or acquired;

(b) is being, or is intended or likely to be, used for a purpose under a taxationAct, its further use is terminated or not to commence, as the case requires,and subsection (2)(a) applies.

(5) The Commissioner may apply to the Supreme Court or a Judge —

(a) for a declaration that legal professional privilege does, or does not apply,to a document, information or relevant material provided or acquiredunder this Part;

319


(b) for an order to extinguish legal professional privilege where it applies to adocument, information or relevant material,

and the Commissioner is to give effect to, and act in accordance with, anydeclaration or order, or other direction made by the Court or the Judge.

(6) A person who claims the benefit of legal professional privilege in relation to adocument, information or relevant material may apply for an order undersubsection (5)(a).

(7) A document, information or relevant material —

(a) that is declared to be subject to legal professional privilege undersubsection (5)(a); or

(b) for which an order under subsection (5)(b) is refused,

must be returned to the person named under subsection (2)(a) from whom thedocument, information or relevant material was obtained without delay andremains subject to subsection (2)(b) in the period between publication of thedecision of the Court or Judge and the return.

(8) Nothing in this section prevents a person entitled to claim legal professionalprivilege from waiving its application to a document, information or relevantmaterial and a waiver once made cannot later be revoked.

(9) A person, either personally or on another’s behalf, who claims that legalprofessional privilege applies to a document, information or relevant material andwho knows, or ought to know at the time that claim is made that it is false,misleading, or without substance, commits an offence.

Penalty: $20 000. ”.

No. 53

New Clause 118, page 70, after line 27 - To insert the following new Clause -

“118. Practices

(1) The Commissioner is to publish all existing practices relating to the assessment oftax.

(2) The Commissioner cannot establish or direct a practice to be observed unless theCommissioner first publishes that practice.

”.

Ordered, That consideration in detail of Legislative Council message No. 26 be made an Order of theDay for the next sitting of the Assembly.

15. Stamp Amendment Bill 2001

Message No. 29 dated 11 December 2002 from the Legislative Council was reported as follows -

The Legislative Council acquaints the Legislative Assembly that it has agreed to the StampAmendment Bill 2001 subject to the amendments contained in the Schedule annexed; in whichamendments the Legislative Council desires the concurrence of the Legislative Assembly.

Schedule indicating the amendments made by the Legislative Council in the Stamp Amendment Bill2001

320


No. 1

Clause 85, page 63, lines 4 and 5 - To delete the lines.

Ordered, That consideration in detail of Legislative Council message No. 29 be made an Order of theDay for the next sitting of the Assembly.

16. Western Australian Meat Marketing Co-operative Limited (Shares) Bill 2002

Message No. 39 dated 19 December 2002 from the Legislative Council was reported forwarding forconcurrence a Bill entitled a Bill for "An Act to provide for -

• the allotment and issue of shares in Western Australian Meat Marketing Co-operativeLimited to the Minister;

• the transfer of those shares to certain trustees,

and for related purposes."

The Leader of the House, on behalf of the Parliamentary Secretary to the Minister for Agriculture,Forestry and Fisheries, moved, That the first reading of the Bill be made an Order of the Day for thenext sitting of the Assembly.

Question put and passed.

17. Legal Practice Bill 2002

The Order of the Day for the resumption of the debate upon the second reading of the Bill was read.

Debate resumed.


Bill read a second time.

Ordered, That the consideration in detail of the Bill be made an Order of the Day for the next sitting ofthe Assembly.

18. Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002


Debate resumed.




19. Variation to the Order of Business

Ordered, That Government Business Order of the Day No. 4 be next considered.

20. Consumer Credit (Western Australia) Amendment Bill 2002


Debate resumed.

Question put.

The Assembly divided.

321


Ayes (21)Mr P.W. Andrews Mr R.C. Kucera Mr M.P. MurrayMr J.J.M. Bowler Mr J.A. McGinty Mr A.P. O’GormanMr A.J. Carpenter Mr M. McGowan Mr J.R. QuigleyMr A.J. Dean Ms S.M. McHale Mr D.A. TemplemanMr S.R. Hill Mr A.D. McRae Mr P.B. WatsonMr J.N. Hyde Mr N.R. Marlborough Mr M.P. WhitelyMr J.C. Kobelke Mrs C.A. Martin Ms M.M. Quirk (Teller)

Noes (16)Mr D.F. Barron-Sullivan Mr B.J. Grylls Mr M.W. TrenordenMr M.J. Birney Ms K. Hodson-Thomas Mr T.K. WaldronMr M.F. Board Mr R.F. Johnson Dr J.M. WoollardMr J.H.D. Day Mr B.K. Masters Mr J.L. Bradshaw (Teller)Mrs C.L. Edwardes Mr P.D. OmodeiMr J.P.D. Edwards Mr R.N. Sweetman

Question thus passed.



21. Adjournment

The Leader of the House moved, That the House do now adjourn.


The Assembly adjourned accordingly, at 11.37 p.m. until Wednesday, 26 February 2003 at 12 noon.

Members present during any part of the day's proceedings - All the members exceptMr A.D. Marshall, Mr P.G. Pendal and Ms J.A. Radisich.

PETER J. McHUGH HON. FRED RIEBELINGClerk of the Legislative Assembly Speaker of the Legislative Assembly

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