Western Australian Numbered Acts Western Australian Numbered Acts After section 60
insert:
Part V — Expiry of Act and related
transitional arrangements
(1) This Act expires
as stated in the notice published under subsection (2).
(2) When satisfied of
the matters specified in subsection (3), the Minister must publish a
notice in the Gazette stating —
(a) that
the Minister is satisfied of those matters; and
(b) that
this Act expires at the end of the day specified in the notice.
(3) For
subsection (2), the Minister must be satisfied —
(a) that
the Compensation Scheme has been terminated in accordance with the Trust Deed;
and
(b) that
there is no reason for this Act to continue.
Division 2 — Transitional arrangements on and after
transition day
62. Purposes for which Act continues to apply
This Act continues to
apply on and after transition day for the following purposes —
(a) the
assessment of claims for, and the payment of, compensation under the
Compensation Scheme in respect of any act done or omission made before
transition day;
(b) the
investigation of, or inquiry into, any matter by the Commissioner under Part
II Division 3 the grounds for which arose before transition day;
(c) the
request for, the giving of and compliance with undertakings under
section 37 in connection with unjust conduct allegedly engaged in before
transition day;
(d) the
investigation and prosecution of any offence under this Act alleged to have
been committed before transition day;
(e) the
giving and withdrawal of, and the payment of the modified penalty specified
in, any infringement notice in respect of any offence under this Act alleged
to have been committed before transition day;
(f) the
commencement, conduct and disposal of proceedings before the State
Administrative Tribunal under Part II Division 3 in respect of any
allegation the grounds for which arose before transition day;
(g) the
review by the State Administrative Tribunal under Part II Division 4 of
any reviewable decision made before transition day;
(h) the
commencement, conduct and disposal of proceedings before the State
Administrative Tribunal under Part III in respect of —
(i)
any unjust conduct engaged in before transition day; or
(ii)
any failure to observe an undertaking whenever given.
(1) In this
section —
licence fee , for a licence, means —
(a) the
prescribed fee for the licence referred to in sections 9(2) and
12(7)(b)(i); or
(b) the
prescribed fee for the licence referred to in section 19(1);
licence period , for a licence, means the period
(expressed in days) in respect of which a licence fee for the licence was last
paid before transition day;
refundable portion , of a licence fee, means so
much of the licence fee as is in the same proportion to the licence fee as the
unexpired portion of the licence period is to the licence period;
unexpired portion , of a licence period,
means —
(a) if
the licence period had commenced but not expired before transition
day — the portion (expressed in days) of the licence period that
had not expired before transition day; or
(b) if
the licence period had not commenced before transition day — the
licence period.
(2)
Subsection (3) applies if, immediately before transition day, the
unexpired portion of the licence period for a licence was greater than one
year.
(3) The person who
held the licence immediately before transition day is entitled to a refund of
an amount that is equal to the refundable portion of the licence fee paid in
respect of the licence period less the cost of calculating, and processing the
payment of, the refund.
64. Refund of application fees
(1) This section
applies if, immediately before transition day —
(a) a
person had applied for a licence and paid the prescribed fee referred to in
section 9(2); but
(b) the
Commissioner had not granted or refused the application.
(2) The person is
entitled to a refund of an amount equal to the fee paid less the cost of
calculating, and processing the payment of, the refund.
(1) In this
section —
publication day , for regulations referred to in
subsection (2), means the day on which those regulations are published in
the Gazette ;
specified means specified or described in
regulations referred to in subsection (2);
transitional matter means any matter of a
transitional or savings nature arising from the enactment of the Travel Agents
Amendment and Expiry Act 2014 .
(2) If there is no
sufficient provision in this Division for dealing with a transitional matter,
regulations made under section 59 may prescribe matters necessary or
convenient to be prescribed for the purpose of dealing with the transitional
matter.
(3) Regulations
referred to in subsection (2) may provide that specified provisions of a
written law —
(a) do
not apply to or in relation to a specified matter; or
(b)
apply with specified modifications to or in relation to a specified matter.
(4) If regulations
referred to in subsection (2) provide that a specified state of affairs
is taken to have existed, or not to have existed, on and from a day that is
earlier than the publication day for those regulations but not earlier than
transition day, the regulations have effect according to their terms.
(5) If regulations
referred to in subsection (2) contain a provision referred to in
subsection (4), the provision does not operate so as —
(a) to
affect in a manner prejudicial to a person, other than the State or an
authority of the State, the rights of that person existing before the
publication day for those regulations; or
(b) to
impose liabilities on a person, other than the State or an authority of the
State, in respect of an act done or omission made before the publication day
for those regulations.
Note: The heading to
section 5 is to read:
Application of Act to
Crown