Homeโ€บBillsโ€บBill 92

๐Ÿ“œ Government Trading Enterprises Bill 2022

Assented toLABill 9224 November 2022

The Government Trading Enterprises Bill 2022 standardises governance, strategic planning, and accountability for certain government trading enterprises (GTEs) in Western Australia. It aims to consolidate requirements currently spread across multiple Establishing Acts and strengthen oversight.

Impact

The bill affects the governance and operation of specified GTEs, including electricity, water, and port authorities. It aims to improve efficiency, transparency, and alignment with government objectives, impacting the services they provide to the public and their financial management.

Key Changes

["Consolidates governance requirements for GTEs into a single Act.", "Standardises strategic planning and financial management provisions.", "Strengthens government oversight of GTE operations and performance."]

Parliamentary Progress

  1. LA IntroducedLA24 Nov 2022
  2. LA Second Reading MovedLA24 Nov 2022
  3. LA Second Reading AgreedLA14 Mar 2023
  4. LA Consideration in DetailLA14 Mar 2023
  5. LA Third ReadingLA23 Mar 2023
  6. LC Second Reading MovedLC23 Mar 2023
  7. LC Second Reading AgreedLC16 May 2023
  8. LC Third ReadingLC15 June 2023
  9. Royal Assent22 June 2023
Affected Sectors
utilitiestransportpublic_sector

Penalty Provisions6 found

๐Ÿ’ฐ Max fine: $50,000๐Ÿ”’ Max imprisonment: 2 yearsregulatory ยท criminal
134Regulatoryfine

Breach of borrowing limits

Fine: $50,000

โ€œ134. Breach of borrowing limits If a GTE borrows an amount that exceeds the borrowing limit set for the GTE under section 133, the GTE commits an offence. Penalty: a fine of $50 000.โ€

49Criminalboth

Providing false or misleading information

Fine: $50,000Imprisonment: 1 year

โ€œ49. False or misleading information An executive officer or a member of the staff of a GTE must not give information to a director, the CEO, the Portfolio Minister or the Treasurer that the executive officer or staff member knows is false or misleading in a material particular. Penalty: a fine of $50 000 or imprisonment for 1 year, or both.โ€

50Criminalboth

Improper use of position

Fine: $50,000Imprisonment: 1 year

โ€œ50. Use of position An executive officer or a member of the staff of a GTE must not make improper use of their position as such an officer or member to gain, directly or indirectly, an advantage for themselves or any other person or to cause detriment to the GTE. Penalty: a fine of $50 000 or imprisonment for 1 year, or both.โ€

51Criminalboth

Improper use of information

Fine: $50,000Imprisonment: 1 year

โ€œ51. Use of information An executive officer or a member of the staff of a GTE must not make improper use of information acquired by virtue of their position as such an officer or member to gain, directly or indirectly, an advantage for themselves or any other person or to cause detriment to the GTE. Penalty: a fine of $50 000 or imprisonment for 1 year, or both.โ€

65Criminalboth

Prohibition on loans to directors and related persons

Fine: $10,000Imprisonment: 2 years

โ€œ65. Prohibition on loans to directors and related persons A GTE must not, directly or indirectly โ€” (a) make a loan to a director of the GTE or a related person of such a director; or (b) give a guarantee or provide security in connection with a loan made to such a director or related person. Penalty for contravention of this section: a fine of $10 000 or imprisonment for 2 years, or both.โ€

89Regulatoryfine

Failure to comply with information request

Fine: $50,000

โ€œ89. Duty to comply with information request If a GTE receives a request under section 88, the GTE must comply with the request. Penalty for contravention of this section: a fine of $50 000.โ€

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