Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 114]
[Heading inserted by No. 39 of 2010
s. 108.]
1 . Term used: commencement day
In this
Schedule —
commencement day means the day on which the Public
Sector Reform Act 2010 section 97 comes into operation 1 .
[Clause 1 inserted by No. 39 of 2010
s. 108.]
2 . Disciplinary proceedings under Part 5
Div. 3
(1) If a proceeding
(including an investigation, disciplinary inquiry or special disciplinary
inquiry) commenced under Part 5 Division 3 before the commencement
day has not been finalised under that Division before that day, Part 5
Division 3 as in force immediately before that day continues to apply to
and in relation to that proceeding as if the Public Sector Reform
Act 2010 Part 3 had not been enacted until the proceeding is
finalised.
(2) Section 78 as
in force immediately before the commencement day continues to apply to a
decision made in a proceeding referred to in subclause (1).
(3) Except as provided
in subclauses (1) and (2), Part 5 as amended by the Public Sector
Reform Act 2010 Part 3 applies in relation to any act, omission or
conduct that occurred before or after the commencement day.
[Clause 2 inserted by No. 39 of 2010
s. 108.]
3 . Suspensions under s. 82
(1) A suspension that
is of effect under section 82 immediately before the commencement day
continues to be of effect for the remainder of the period for which it would,
but for the Public Sector Reform Act 2010 Part 3, have been of
effect.
(2) Section 82 as
in force immediately before the commencement day continues to apply to a
suspension referred to in subclause (1).
[Clause 3 inserted by No. 39 of 2010
s. 108.]
4 . Appeals under s. 78
An appeal pending
under section 78 immediately before the commencement day is to be dealt
with under that section as in force before the commencement day.
[Clause 4 inserted by No. 39 of 2010
s. 108.]
5 . Power to amend subsidiary legislation
(1) The Governor, on
the recommendation of the Minister, may make regulations amending subsidiary
legislation made under any Act.
(2) The Minister may
make a recommendation under subclause (1) only if the Minister considers
that each amendment proposed to be made by the regulations is necessary or
desirable as a consequence of the enactment of the Public Sector Reform
Act 2010 Part 3.
(3) Nothing in this
clause prevents subsidiary legislation from being amended in accordance with
the Act under which it was made.
[Clause 5 inserted by No. 39 of 2010
s. 108.]
(1) If there is no
sufficient provision in this Schedule for dealing with a transitional matter,
the regulations may prescribe all matters that are required or necessary or
convenient to be prescribed for dealing with the matter.
(2) In
subclause (1) —
transitional matter means a matter that needs to
be dealt with for the purpose of effecting the transition from an Act
(including this Act) as enacted immediately before the commencement day to the
Act as amended by the Public Sector Reform Act 2010 Part 3.
(3) Regulations made
under subclause (1) may provide that specified provisions of this Act as
in force on or after the commencement of the Public Sector Reform
Act 2010 , or of subsidiary legislation made under this Act, or of an Act
amended by the Public Sector Reform Act 2010 —
(a) do
not apply; or
(b)
apply with specified modifications,
to or in relation to
any matter.
(4) If regulations
under subclause (1) provide that a specified state of affairs is to be
taken to have existed, or not to have existed, on and from a day that is
earlier than the day on which the regulations are published in the Gazette but
not earlier than the commencement day, the regulations have effect according
to their terms.
(5) In
subclauses (3) and (4) —
specified means specified or described in the
regulations.
(6) If regulations
contain a provision referred to in subclause (4), the provision does not
operate so as to —
(a)
affect in a manner prejudicial to any person (other than the State or an
authority of the State), the rights of that person existing before the day of
publication of those regulations; or
(b)
impose liabilities on any person (other than the State or an authority of the
State) in respect of anything done or omitted to be done before the day of
publication of those regulations.
[Clause 6 inserted by No. 39 of 2010
s. 108.]
7 . Interpretation Act 1984 not affected
Unless the contrary
intention appears in this Schedule, the provisions of this Schedule are
additional to and do not prejudice or affect the application of the
Interpretation Act 1984 Part V.
[Clause 7 inserted by No. 39 of 2010
s. 108.]
