Other notes
Other notes Other notes
1 Now known as the Petroleum Products Pricing Act 1983; short title changed (see note under s. 1).
2 The Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 4 Div. 23 reads as follows:
“
Division 23 — Transitional provisions
151. Commissioner for Fair Trading
On commencement, the person holding the office of Commissioner for Fair Trading immediately before commencement is to be taken to have been designated as the Commissioner or Registrar (as the case requires) for the purposes of each of the following enactments —
the Associations Incorporation Act 1987;
the Business Names Act 1962;
the Chattel Securities Act 1987;
the Companies (Co‑operative) Act 1943;
Part 8 of the Competition Policy Reform (Western Australia) Act 1996;
the Consumer Affairs Act 1971;
the Co‑operative and Provident Societies Act 1903;
the Credit Act 1984;
the Credit (Administration) Act 1984;
the Employment Agents Act 1976;
the Hire‑Purchase Act 1959;
the Limited Partnerships Act 1909;
the Motor Vehicle Dealers Act 1973;
the Petroleum Products Pricing Act 1983;
the Petroleum Retailers Rights and Liabilities Act 1982;
the Residential Tenancies Act 1987;
the Retirement Villages Act 1992;
the Travel Agents Act 1985.
A thing done or omitted to be done by, to or in relation to, the Commissioner for Fair Trading (including in his or her capacity as the Prices Commissioner) before commencement under a provision of the Consumer Affairs Act 1971 for the purposes of another enactment listed in subsection (1) has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done or omitted —
by, to or in relation to, the Commissioner or Registrar (as the case requires) as defined in that other enactment as in force after commencement; and
where relevant, under the corresponding provision of that other enactment as in force after commencement.
To the extent that a thing done or omitted to be done by, to or in relation to, the Commissioner for Fair Trading (including in his or her capacity as the Prices Commissioner) before commencement under, or for the purposes of, an enactment listed in subsection (1) is not covered by subsection (2), it has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done or omitted by, to or in relation to, the Commissioner or Registrar (as the case requires) as defined in that enactment as in force after commencement.
A thing done or omitted to be done by, to or in relation to, the Commissioner for Fair Trading before commencement under, or for the purposes of, an enactment not listed in subsection (1) has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done or omitted by, to or in relation to, the Commissioner as defined in the Consumer Affairs Act 1971 as in force after commencement.
A reference in an enactment to the Commissioner for Fair Trading is to have effect after commencement as if it had been amended to be a reference to —
in the case of an enactment listed in subsection (1) or subsidiary legislation made under such an enactment — the Commissioner or Registrar (as the case requires) as defined in the enactment as in force after commencement; or
in the case of any other enactment or subsidiary legislation — the Commissioner as defined in the Consumer Affairs Act 1971 as in force after commencement.
152. Commissioner for Corporate Affairs and Registrar of Co‑operative and Financial Institutions
A thing done or omitted to be done by, to or in relation to, the Commissioner for Corporate Affairs before commencement under, or for the purposes of, the Companies (Co‑operative) Act 1943 has the same effect after commencement as if it had been done or omitted by, to or in relation to, the Registrar as defined in that Act as in force after commencement.
A thing done or omitted to be done by, to or in relation to, the Registrar of Co‑operative and Financial Institutions before commencement under, or for the purposes of, the Co‑operative and Provident Societies Act 1903 has the same effect after commencement as if it had been done or omitted by, to or in relation to, the Registrar as defined in that Act as in force after commencement.
153. Consumer Affairs Act 1971
Each office in existence immediately before commencement because of section 15(1) of the Consumer Affairs Act 1971 does not cease merely because that subsection is repealed by this Act.
154. Petroleum Products Pricing Act 1983
Each office in existence immediately before commencement because of section 5(2)(b) of the Petroleum Products Pricing Act 1983 does not cease merely because that paragraph is deleted by this Act.
155. Interpretation
In this Division —
commencement means the time at which this Division comes into operation;
Commissioner for Fair Trading means the Commissioner for Fair Trading referred to in section 15 of the Consumer Affairs Act 1971 as in force before commencement;
Prices Commissioner means the Prices Commissioner referred to in section 5(1) of the Petroleum Products Pricing Act 1983 as in force before commencement.
”.
3 The amendment to s. 7(5) in the Financial Legislation Amendment and Repeal Act 2006 s. 17, which gives effect to Sch. 1 cl.126, is not included because the subsection it sought to amend was repealed by the Machinery of Government (Miscellaneous Amendments) Act 2006 s. 116(3).
4 The Petroleum Retail Marketing Franchise Act 1980 (Cwlth) has been repealed by the Petroleum Retail Legislation Repeal Act 2006 (Cwlth) (No. 2006/113).
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