Chemistry Centre (WA) Act 2007

This Act, other than Part 1 and Schedule 2, comes into operation on a day fixed by proclamation.

Different days may be fixed under subsection (1) for different provisions.

Part 1 and Schedule 2 come into operation on the day on which this Act receives the Royal Assent.

In this Act, unless the contrary intention appears —

information obtained from or for a private client as part of providing those services to the client; or

the fact that a private client has sought those services;

a department of the Public Service;

a State agency or instrumentality; or

a body (whether incorporated or not) or the holder of an office, post or position, established or continued by or under a written law for a public purpose;

for whom the Chemistry Centre has provided, or is providing, services; or

who has sought the services of the Chemistry Centre;

a body determined to be a subsidiary of the Chemistry Centre under subsection (2); or

a unit trust, joint venture or partnership where the interest or other rights of the Chemistry Centre in connection with the unit trust, joint venture or partnership entitle the Chemistry Centre to —

control the composition of the governing body of the unit trust, joint venture or partnership;

cast, or control the casting of, more than one‑half of the maximum number of votes that might be cast at a general meeting of the unit trust, joint venture or partnership; or

control the business affairs of the unit trust, joint venture or partnership.

The Commonwealth Corporations Act 2001 Part 1.2 Division 6 applies for the purpose of determining whether a body is a subsidiary of the Chemistry Centre.

A body called the Chemistry Centre (WA) is established.

The Chemistry Centre is a body corporate with perpetual succession.

Proceedings may be taken by or against the Chemistry Centre in its corporate name.

The Chemistry Centre is to have a board of management comprising —

one member appointed as the chairperson;

one member appointed as the deputy chairperson; and

5 other members.

The board is the governing body of the Chemistry Centre and, in the name of the Chemistry Centre, is to perform the functions of the Chemistry Centre.

The members of the board are to be appointed by the Minister.

The Minister is to ensure that each person appointed to the board has expertise that, in the Minister’s opinion, is relevant to the functions of the Chemistry Centre.

A member of the board is to be paid such remuneration and travelling and other allowances as are determined in his or her case by the Minister on the recommendation of the Public Sector Commissioner.

A member of a committee who is not a member of the board is to be paid such remuneration and travelling and other allowances as are determined in his or her case by the Minister on the recommendation of the Public Sector Commissioner.

to provide chemical information, advice and analytical services to government agencies, particularly, but not exclusively, in the areas of —

forensic science and medicine;

public health and safety;

environmental protection; and

crisis and emergency response and management;

to undertake research and development that will, or is likely to, assist —

in the development of the State; and

in the performance of its other functions;

to promote, and assist in the provision of, chemistry based education and training and fundamental and applied research and development;

to earn revenue by engaging in commercial activities that are not inconsistent with, and do not have an adverse effect on, the performance of its other functions and are —

connected with the performance of the Chemistry Centre’s other functions; or

authorised by the regulations.

The Chemistry Centre is to perform its functions and manage its affairs in accordance with the following principles —

it is to provide high quality, independent chemical information, advice and analytical services;

it is to provide that information and advice and those services in a timely manner;

it is to maintain its capacity to adhere to the principles in paragraphs (a) and (b), particularly, but not exclusively, by ensuring that —

persons with the skills and experience necessary to do so are members of staff, or otherwise employed by or made available to it; and

it has, or has available to it, the materials, equipment and infrastructure necessary to perform its functions;

it is to perform its functions in a cost effective manner (to the extent practicable).

When engaging, or proposing to engage, in a commercial activity, the Chemistry Centre is to ensure that —

the activity is consistent with its strategic development plan and statement of corporate intent; and

the activity is likely to be of benefit to the community of Western Australia.

The Chemistry Centre may perform any of its functions in the State or elsewhere.

The Chemistry Centre has all the powers it needs to perform its functions.

The Chemistry Centre may, for the purpose of performing any of its functions, but subject to any limitation imposed by this Act —

acquire, construct, add to, alter, improve, hold, maintain, manage, develop or dispose of, real or personal property;

enter into a contract or other arrangement, including a contract or arrangement for the provision of services to the Chemistry Centre;

act as an agent or provide consultancy, professional or technical services or other assistance under a contract for services or other arrangement;

with the Minister’s and the Treasurer’s approval, participate in any business concern or acquire, hold and dispose of, shares, units or other interests in or relating to a business concern;

collaborate with any person or body in the performance of its functions;

carry out any investigation, survey, exploration, feasibility study, evaluation or review;

produce and publish information on matters relating to its functions, including results for research and development undertaken by the Chemistry Centre, alone or collaboratively;

produce and deal in any equipment, facilities or system associated with the performance of its functions;

develop and turn to account any technology, software or other intellectual property that relates to its functions and, for that purpose, apply for, hold, exploit and dispose of any patent, patent rights, copyright or similar rights; and

promote and market the Chemistry Centre and its activities.

Subsection (2) does not limit subsection (1) or any of the Chemistry Centre’s other powers.

The Chemistry Centre may —

make any gift for a charitable purpose or any other purpose of benefit to the community or a section of the community;

make any ex gratia payment that it considers to be in the Chemistry Centre’s interest; or

accept any gift or other payment if it is absolute, or subject to conditions that it would be able to satisfy.

In this section —

by way of a lease, licence, easement or bailment; or

in any other manner in which an interest in property may be acquired;

by way of a lease, licence, easement or bailment; or

in any other manner in which an interest in property may be disposed of;

Despite sections 9, 10 and 11, the Chemistry Centre must get the Minister’s approval before a transaction to which this section applies is entered into.

This section applies to a transaction if —

it is to be entered into by the Chemistry Centre or a subsidiary of the Chemistry Centre;

it is not exempt under section 13; and

the Chemistry Centre’s liability exceeds the relevant amount.

For the purposes of subsection (2)(c) —

the Chemistry Centre’s liability is the amount or value of the consideration or the amount to be paid by the Chemistry Centre or a subsidiary, worked out as at the time when the transaction is entered into; and

the relevant amount is the larger of —

an amount equal to 5% of the value of the total reported assets of the Chemistry Centre as set out in the most recent annual report of the Chemistry Centre under the Financial Management Act 2006 Part 5; or

$1 000 000.

In this section and section 13 —

an exercise of the power under section 11(2)(d); or

a transaction under section 28.