Western Australian Consolidated Acts Western Australian Consolidated Acts1 This reprint is a compilation as at 1 October 2010 of the
Insurance Commission of Western Australia Act 1986 and includes the
amendments made by the other written laws referred to in the following
table 1a. The table also contains information about any
reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
State Government Insurance Commission
Act 1986 14 |
51 of 1986 |
5 Aug 1986 |
s. 1 and 2: 5 Aug 1986; |
|
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) |
|
Acts Amendment (Accountability) Act 1989
Pt. 6 |
5 of 1989 |
26 Apr 1989 |
1 Jul 1989 (see s. 2 and Gazette
30 Jun 1989 p. 1893) |
|
49 of 1992 |
9 Dec 1992 |
7 Jan 1993 (see s. 2(3) and
Gazette 7 Jan 1993 p. 15) |
|
|
Financial Administration Legislation Amendment
Act 1993 s. 11 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993
(see s. 2(1)) |
|
Acts Amendment (Public Sector Management)
Act 1994 s. 19 |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette
30 Sep 1994 p. 4948) |
|
Statutory Corporations (Liability of Directors)
Act 1996 s. 3 |
41 of 1996 |
10 Oct 1996 |
1 Dec 1996 (see s. 2 and Gazette
12 Nov 1996 p. 6301) |
|
Acts Amendment (ICWA) Act 1996 s. 3-5,
6(b), |
45 of 1996 |
25 Oct 1996 |
s. 3, 6(b) (to the extent it inserts definition of
Commission Account), 6(c), 9-12, 15-19, 23 and 26:
14 Dec 1996 (see s. 2 and Gazette 13 Dec 1996
p. 6901); |
|
Financial Legislation Amendment Act 1996
s. 64 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996
(see s. 2(1)) |
|
State Enterprises (Commonwealth Tax Equivalents)
Act 1996 s. 10(1) |
55 of 1996 |
11 Nov 1996 |
1 Jul 1996 (see s. 2
and 3(3)) |
|
Reprint of the Insurance Commission of Western
Australia Act 1986 as at 12 Nov 1999 (includes amendments
listed above) |
|||
|
Insurance Commission of Western Australia Amendment
Act 2002 17 |
34 of 2002 |
20 Nov 2002 |
20 Nov 2002 (see s. 2) |
|
Workers’ Compensation Reform Act 2004
s. 174 |
42 of 2004 |
9 Nov 2004 |
4 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7131) |
|
Machinery of Government (Miscellaneous Amendments)
Act 2006 Pt. 17 Div. 5 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette
27 Jun 2006 p. 2347) |
|
Reprint 2: The Insurance Commission of Western
Australia Act 1986 as at 8 Sep 2006 (includes amendments
listed above) |
|||
|
Financial Legislation Amendment and Repeal Act 2006
s. 4 and Sch. 1 cl. 91 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
Duties Legislation Amendment Act 2008 Sch. 1 cl.
18 |
12 of 2008 |
14 Apr 2008 |
1 Jul 2008 (see s. 2(d)) |
|
Statutes (Repeals and Miscellaneous Amendments)
Act 2009 s. 79 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
|
Acts Amendment (Bankruptcy) Act 2009
s. 47 |
18 of 2009 |
16 Sep 2009 |
17 Sep 2009 (see s. 2(b)) |
|
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette
10 Sep 2010 p. 4341) |
|
|
Reprint 3: The Insurance Commission of Western
Australia Act 1986 as at 1 Oct 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) |
|
Statutes (Repeals and Minor Amendments) Act 2011
s. 6 |
47 of 2011 |
25 Oct 2011 |
26 Oct 2011 (see s. 2(b)) |
1a On the date as at which this
reprint was prepared, provisions referred to in the following table had not come
into operation and were therefore not included in compiling the reprint. For
the text of the provisions see the endnotes referred to in the table.
Provisions
that have not come into operation
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Acts Amendment (ICWA) Act 1996 s. 6(a), 13,
14, |
45 of 1996 |
25 Oct 1996 |
To be proclaimed (see s. 2) |
|
State Superannuation (Transitional and Consequential
Provisions) Act 2000 s. 50 19 |
43 of 2000 |
2 Nov 2000 |
To be proclaimed (see s. 2(2)) |
2 Repealed by the Life Insurance (Consequential Amendments
and Repeals) Act 1995 s. 5. Now the Life Insurance Act 1995
of the Commonwealth.
3 Repealed by the Insurance Commission of Western Australia
Act 1986 s. 46(1).
4 Footnote no longer applicable.
5 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. The
reference was changed under the Reprints Act 1984
s. 7(3)(g).
6 The SGIO Privatisation Act 1992 Pt. 3 came
into operation on 24 December 1992.
7 The appointed day under the SGIO Privatisation
Act 1992 was 7 January 1993.
8 Repealed by the Financial Legislation Amendment and Repeal
Act 2006.
9 Now cited as the Workers’ Compensation and Injury
Management Act 1981.
10 Section 31(2)(k) was repealed by the SGIO
Privatisation Act 1992 s. 28.
11 Under the Public Sector Management Act 1994, a
reference in a written law to the Public Service Act 1978 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 Public Sector Management
Act 1994.
12 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. See also note 19.
13 Under the Public Sector Management Act 1994
s. 112(2), a reference in a written law 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).
14 Now known as the Insurance Commission of Western Australia
Act 1986; short title changed (see note under s. 1).
15 The Acts Amendment (ICWA) Act 1996 s. 11(9)
reads as follows:
(9) Anything done before the commencement of a provision of this section,
is as valid and has the same force and effect, and is to be regarded as having
always been as valid and had the same force and effect, as if that provision and
section 10 of this Act had come into operation before the thing was
done.
16 The Acts Amendment (ICWA) Act 1996 Pt. 3
contained transitional and savings provisions that are of no further
effect.
17 The Insurance Commission of Western Australia Amendment
Act 2002 s. 10 reads as follows:
10. Transition and savings
The functions conferred on the Insurance Commission of Western Australia
by section 6(ca) and (e) of the Insurance Commission of Western
Australia Act 1986 as amended by this Act are taken always to have been
functions of the Commission.
18 On the date as at which this reprint was prepared, the
Acts Amendment (ICWA) Act 1996 s. 6(a), 13, 14, 20-22, 24, 25,
27 and 28 had not come into operation. They read as follows:
6. Section 3 amended
(a) by deleting the definitions of board of directors,
Corporation, debt paper and director of the
Corporation;
13. Section 12 amended
(1) Section 12(1) of the principal Act is amended by deleting
“and the Corporation to carry out their respective functions” and
substituting the following —
“ to carry out its functions ”.
(2) Section 12(4) of the principal Act is amended by deleting
“it considers necessary to enable the Commission and the Corporation to
carry out their respective functions” and substituting the following
—
“
the board considers necessary to enable the Commission to carry out its
functions
”.
14. Section 15 amended
Section 15(2)(d) of the principal Act is deleted.
20. Part III repealed
Part III of the principal Act is repealed.
21. Section 42 amended
Section 42(2) of the principal Act is repealed and the following
subsection is substituted —
“
(2) This section applies to every person who is or has been a commissioner
or alternate commissioner, is or has been an officer or employee of the
Commission, or is rendering, or has rendered services to the Commission under
section 12, 13 or 13A.
”.
22. Section 43 amended
Section 43(9) of the principal Act is repealed.
24. Section 45 amended
Section 45(2) of the principal Act is repealed and the following
subsection is substituted —
“
(2) Without limiting subsection (1), regulations may provide for the
use of the common seal of the Commission in Western Australia and
elsewhere.
”.
25. Sections 47 and 48 repealed
Sections 47 and 48 of the principal Act are repealed.
27. Schedule 2 repealed
Schedule 2 to the principal Act is repealed.
28. Schedule 4 repealed
Schedule 4 to the principal Act is repealed.
19 On the date on which this reprint was prepared, the State
Superannuation (Transitional and Consequential Provisions) Act 2000
s. 50 had not come into operation. It reads as follows:
50. Insurance Commission of
Western Australia Act 1986 amended
Clause 16(2) of Schedule 4 to the Insurance Commission of
Western Australia Act 1986 is amended by deleting “(including, if
he is a contributor under the Superannuation and Family Benefits
Act 1938, his rights under that Act)”.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined Term Provision(s)
assets Sch.
4 cl. 1
board Sch. 1 cl. 1
board of commissioners 3
board of
directors 3
borrow 3
business undertaking 3
commencement day Sch. 4 cl.
1
Commission 3, 10B(3)
Commission account 3
commissioner 3
community
organisation 3
Corporation 3
customer 10B(3)
debt paper 3
director
of the Corporation 3
document 10A(4)
eligible community
organisation 3
existing 30(5)
existing policy Sch. 4 cl. 10(1)
existing
re-insurance policy Sch. 4 cl.
10(1)
Fund 3
information 10A(4)
insurance 3
insurer 3
inwards
re-insurance policy 30(5)
liabilities Sch. 4 cl. 1
life
policy 30(5)
managing director 3
MVIT Sch. 4 cl. 1
office-bearer Sch. 2
cl. 5(5)
officers and employees 14(3)
ordinary commissioner Sch. 1, cl.
1
ordinary director Sch. 2, cl. 1
policy 3
prescribed period Sch. 4 cl.
1
public authority 3
risk management 3
SGIO Sch. 4 cl. 1
staff
10A(4)
surplus 18(5)
Third Party Insurance Act Sch. 4 cl.
1
Treasurer 3
WC&IM Act 44