Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
accountable authority has the meaning given by
section 3 of the Financial Management Act 2006 ;
chief executive officer has the meaning given by
section 3 of the Public Sector Management Act 1994 ;
Minister means a Minister of the Crown;
Minister responsible , in relation to a statutory
corporation, means the Minister to whom the administration of the Act under
which the statutory corporation is constituted is for the time being committed
by the Governor;
statutory corporation means —
(a) a
Minister or chief executive officer who is constituted as a body corporate
under an Act; or
(b) any
other body corporate that is constituted for a public purpose under an Act and
is an agency of the Crown in right of the State.
(2) Subject to
subsections (3) and (5), a prescribed statutory corporation can carry on
a prescribed activity involving the provision (in the State or elsewhere)
of —
(a)
goods, information or intellectual property;
(b)
scientific, technical, educational, training, management or advisory services;
or
(c)
advertising opportunities or opportunities to participate in arrangements in
the nature of advertising or having a purpose similar to advertising.
(3) A statutory
corporation (other than a Minister) cannot impose a fee or charge in the
course of carrying on an activity authorised by subsection (2) unless the
amount of the fee or charge has been approved by the Minister responsible for
the statutory corporation.
(4)
Subsection (2) does not limit any other functions of a statutory
corporation, and an activity authorised by subsection (2) may be carried
on in addition to those other functions.
(5)
Subsection (2) has effect even if the Act under which a statutory
corporation is constituted imposes a general prohibition or restriction on
entry by the statutory corporation into business undertakings or arrangements,
but subsection (2) does not authorise a statutory corporation to carry on
an activity if another enactment expressly prevents the statutory corporation
from carrying on that activity.
(6) For the purposes
of subsection (3), the amount of a fee or charge that is determined in a
manner that has been approved by the Minister responsible for a statutory
corporation is to be regarded as having been approved by the Minister.
(7) The Minister
responsible for a statutory corporation may delegate the power to give
approval under subsection (3) or (6) in relation to fees or charges
imposed by the statutory corporation —
(a) if
the statutory corporation has an accountable authority, to the accountable
authority; or
(b) if
the statutory corporation is a chief executive officer, to the chief executive
officer.
(8) If a Minister is a
statutory corporation, the Minister may delegate to the chief executive
officer of the agency principally assisting the Minister in the administration
of the Act under which the statutory corporation is constituted the
power —
(a) to
fix the amount of a fee or charge to be imposed by the statutory corporation
in the course of carrying on an activity authorised by subsection (2); or
(b) to
specify the manner in which the amount of such a fee or charge is to be
determined.
(9) If, during a
financial year, a statutory corporation enters into a contract in the course
of carrying out an activity authorised by subsection (2)(c) —
(a) the
identity of the parties to the contract;
(b) the
term of the contract;
(c) the
amount of any fee or charge referred to in subsection (3) imposed by the
statutory corporation in relation to the contract; and
(d) any
other information relating to the contract that the Minister responsible for
the statutory corporation considers relevant,
are to be included in
the annual report of the statutory corporation submitted for that financial
year under the Financial Management Act 2006 .
(10) If a contract
referred to in subsection (9) —
(a)
contains a provision of a kind prescribed for the purposes of this subsection;
or
(b) is
of a type prescribed for the purposes of this subsection,
the Minister
responsible for the statutory corporation must cause a copy of the contract to
be laid before each House of Parliament within 6 sitting days of the House
after the contract is made.
(11) If the contract
is not in writing, the reference in subsection (10) to a copy of the
contract is a reference to a document setting out the terms and conditions of
the contract.
[Section 4B inserted by No. 45 of 1999
s. 6; amended by No. 77 of 2006 Sch. 1 cl. 162(2) and (3).]