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CONTENTS PART 1 Page Construction Industry Portable Paid Long Service Leave Act 1985—Construction Industry Portable Paid Long Service Leave Amendment Regulations 2008 ....................... 5642 Fair Trading Act 1987—Fair Trading (Product Safety Standard) Amendment Regulations (No. 4) 2008 ............................................................................................................................. 5634 Police Act 1892—Police Force Amendment Regulations (No. 2) 2008..................................... 5643 Proclamations—Public and Bank Holidays Act 1972 (3 notices)............................................. 5633 Settlement Agents Act 1981—Settlement Agents Amendment Regulations (No. 2) 2008..... 5640 ——— PART 2 Consumer and Employment Protection .................................................................................... 5648 Deceased Estates ....................................................................................................................... 5664 Fisheries ..................................................................................................................................... 5650 Health ......................................................................................................................................... 5654 Heritage ...................................................................................................................................... 5655 Justice......................................................................................................................................... 5657 Local Government ...................................................................................................................... 5658 Marine/Maritime........................................................................................................................ 5659 Minerals and Petroleum ............................................................................................................ 5660 Salaries and Allowances Tribunal ............................................................................................ 5663 Treasury and Finance ................................................................................................................ 5664 WorkCover.................................................................................................................................. 5664 !200800229GG! 5631 PERTH, TUESDAY, 30 DECEMBER 2008 No. 229 PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.30 PM © STATE OF WESTERN AUSTRALIA WESTERN AUSTRALIAN GOVERNMENT ISSN 1448-949X PRINT POST APPROVED PP665002/00041
36

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Page 1: ISSN 1448-949X PERTH, TUESDAY, 30 DECEMBER 2008 ......camper trailers, tent trailers, camper vans, motor homes, trains, ships, aircraft and other types of conveyances. 29. Product

CONTENTS

PART 1 Page

Construction Industry Portable Paid Long Service Leave Act 1985—Construction Industry Portable Paid Long Service Leave Amendment Regulations 2008....................... 5642

Fair Trading Act 1987—Fair Trading (Product Safety Standard) Amendment Regulations (No. 4) 2008............................................................................................................................. 5634

Police Act 1892—Police Force Amendment Regulations (No. 2) 2008..................................... 5643 Proclamations—Public and Bank Holidays Act 1972 (3 notices)............................................. 5633 Settlement Agents Act 1981—Settlement Agents Amendment Regulations (No. 2) 2008..... 5640

———

PART 2

Consumer and Employment Protection .................................................................................... 5648 Deceased Estates ....................................................................................................................... 5664 Fisheries ..................................................................................................................................... 5650 Health......................................................................................................................................... 5654 Heritage...................................................................................................................................... 5655 Justice......................................................................................................................................... 5657 Local Government...................................................................................................................... 5658 Marine/Maritime........................................................................................................................ 5659 Minerals and Petroleum............................................................................................................ 5660 Salaries and Allowances Tribunal ............................................................................................ 5663 Treasury and Finance................................................................................................................ 5664 WorkCover.................................................................................................................................. 5664

!200800229GG!

5631

PERTH, TUESDAY, 30 DECEMBER 2008 No. 229 PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.30 PM

© STATE OF WESTERN AUSTRALIA

WESTERN AUSTRALIAN GOVERNMENT ISSN 1448-949X PRINT POST APPROVED PP665002/00041

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IMPORTANT COPYRIGHT NOTICE © State of Western Australia This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without written permission from the Attorney General for Western Australia. Inquiries in the first instance should be directed to the Government Printer, State Law Publisher, 10 William St, Perth 6000.

PUBLISHING DETAILS The Western Australian Government Gazette is published by State Law Publisher for the State of Western Australia on Tuesday and Friday of each week unless disrupted by Public Holidays or unforeseen circumstances. Special Government Gazettes containing notices of an urgent or particular nature are published periodically. The following guidelines should be followed to ensure publication in the Government Gazette. • Material submitted to the Executive Council prior to gazettal will require a copy of the signed

Executive Council Minute Paper and in some cases the Parliamentary Counsel’s Certificate. • Copy must be lodged with the Sales and Editorial Section, State Law Publisher no later than

12 noon on Wednesday (Friday edition) or 12 noon on Friday (Tuesday edition). Delivery address: State Law Publisher Ground Floor, 10 William St. Perth, 6000 Telephone: 9321 7688 Fax: 9321 7536

• Inquiries regarding publication of notices can be directed to the Editor on (08) 9426 0010. • Lengthy or complicated notices should be forwarded early to allow for preparation. Failure to

observe this request could result in the notice being held over. If it is necessary through isolation or urgency to fax copy, confirmation is not required by post. If original copy is forwarded later and published, the cost will be borne by the advertiser.

ADVERTISING RATES AND PAYMENTS EFFECTIVE FROM 1 JULY 2008 (Prices include GST).

Deceased Estate notices, (per estate)—$25.60

Articles in Public Notices Section—$59.70 minimum charge (except items of anexceptionally large nature. In these instances arrangements will be made for pricingthe notice at time of lodging).

All other Notices

Per Column Centimetre—$11.95

Bulk Notices—$218.20 per page

Clients who have an account will only be invoiced for charges over $50.

For charges under $50, clients will need to supply credit card details at time of lodgingnotice (i.e. notice under 5cm would not be invoiced).

Clients without an account will need to supply credit card details or pay at time oflodging the notice.

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— PART 1 —

PROCLAMATIONS AA101*

PUBLIC AND BANK HOLIDAYS ACT 1972 PROCLAMATION

Western Australia By His Excellency

Doctor Kenneth Comninos Michael, Companion of the Order of Australia,

Governor of the State of Western Australia KENNETH COMNINOS MICHAEL

Governor

[L.S.]

I, the Governor, acting under the Public and Bank Holidays Act 1972 section 5 and the Second Schedule and with the advice and consent of the Executive Council, appoint Monday 30 September 2013 as the Celebration Day for the Anniversary of the Birthday of the Reigning Sovereign in 2013. Given under my hand and the Public Seal of the State on 16 December 2008. By Command of the Governor,

T. BUSWELL, Minister for Commerce.

——————————— AA102*

PUBLIC AND BANK HOLIDAYS ACT 1972 PROCLAMATION

Western Australia By His Excellency

Doctor Kenneth Comninos Michael, Companion of the Order of Australia,

Governor of the State of Western Australia KENNETH COMNINOS MICHAEL

Governor

[L.S.]

I, the Governor, acting under the Public and Bank Holidays Act 1972 section 5 and the Second Schedule and with the advice and consent of the Executive Council, appoint Monday 1 October 2012 as the Celebration Day for the Anniversary of the Birthday of the Reigning Sovereign in 2012. Given under my hand and the Public Seal of the State on 16 December 2008. By Command of the Governor,

T. BUSWELL, Minister for Commerce.

——————————— AA103*

PUBLIC AND BANK HOLIDAYS ACT 1972 PROCLAMATION

Western Australia By His Excellency

Doctor Kenneth Comninos Michael, Companion of the Order of Australia,

Governor of the State of Western Australia KENNETH COMNINOS MICHAEL

Governor

[L.S.]

I, the Governor, acting under the Public and Bank Holidays Act 1972 section 5 and the Second Schedule and with the advice and consent of the Executive Council, appoint Monday 3 October 2011 as the Celebration Day for the Anniversary of the Birthday of the Reigning Sovereign in 2011. Given under my hand and the Public Seal of the State on 16 December 2008. By Command of the Governor,

T. BUSWELL, Minister for Commerce.

30 December 2008 GOVERNMENT GAZETTE, WA 5633

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CONSUMER AND EMPLOYMENT PROTECTION CE301*

Fair Trading Act 1987

Fair Trading (Product Safety Standard) Amendment Regulations (No. 4) 2008

Made by the Governor in Executive Council.

1. Citation

These regulations are the Fair Trading (Product Safety Standard) Amendment Regulations (No. 4) 2008.

2. Commencement

These regulations come into operation as follows — (a) regulations 1 and 2 — on the day on which these

regulations are published in the Gazette; (b) the rest of the regulations — on the day after that day.

3. The regulations amended

The amendments in these regulations are to the Fair Trading (Product Safety Standard) Regulations 2001.

4. Regulation 29 replaced

Regulation 29 is repealed and the following regulations are inserted instead —

“ 29A. Term used in this Part

In this Part “bunk bed” means — (a) a set of components that are assembled or are

ready for assembly into single beds or double/single combination beds which will be stacked one over the other; or

(b) any single bed, other than a hospital bed, where the upper surface of the mattress base is at least 800 mm above the floor surface.

5634 GOVERNMENT GAZETTE, WA 30 December 2008

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29B. Application of this Part

This Part applies to bunk beds supplied as an item of furniture or part of an item of furniture, not including —

(a) portable bunk beds designed for camping; or (b) bunk beds that are built-in fitments in caravans,

camper trailers, tent trailers, camper vans, motor homes, trains, ships, aircraft and other types of conveyances.

29. Product safety standard for bunk beds to which this Part applies

Until the end of 31 March 2016, the product safety standard for bunk beds to which this Part applies consists of the standard set out in Schedule 7 Division 1 as varied by Schedule 7 Division 2.

”.

5. Part 27 inserted

Before Schedule 1 the following Part is inserted —

“ Part 27 — Children’s portable folding cots

74. Term used in this Part

In this Part “folding cot” means — (a) an enclosure which can be used for sleeping

and which can be folded when not in use; and (b) an enclosure designed to retain a child while

playing which has a floor, but not such an enclosure which has no floor.

75. Product safety standard for children’s portable folding cots

On and after 1 March 2009 until the end of 31 March 2019, the product safety standard for children’s portable folding cots consists of the standard set out in Schedule 19 Division 1 as varied by Schedule 19 Division 2.

”.

6. Schedule 7 amended

(1) Schedule 7 clause 1 is amended by deleting “approved by Standards Australia on 8 June 1994” and inserting instead —

“ published by Standards Australia on 29 August 1994 ”.

30 December 2008 GOVERNMENT GAZETTE, WA 5635

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(2) Schedule 7 Division 2 is repealed and the following Division is inserted instead —

“ Division 2 — Variations to AS/NZS 4220:1994

2. Clauses 1 and 2

Delete clauses 1 and 2.

3. Clause 3.1

Delete clause 3.1 and insert instead —

“ 3.1 Bunk bed —

(a) a set of components that are assembled or are ready for assembly into single beds or double/single combination beds which will be stacked one over the other; or

(b) any single bed, other than a hospital bed, where the upper surface of the mattress base is at least 800 mm above the floor surface.

”.

4. Clauses 4, 5, 6.1, 6.2, 6.5, 6.6, 6.7 and 6.9

Delete clauses 4, 5, 6.1, 6.2, 6.5, 6.6, 6.7 and 6.9.

5. Clause 7.1

(1) In clause 7.1(b) delete “75 mm” and insert instead —

“ 95 mm ”.

(2) Delete clause 7.1(c).

6. Clauses 7.2, 7.3, 7.4, 7.5, 7.6, 7.7, 7.8, 7.9, 7.10 and 8

Delete clauses 7.2, 7.3, 7.4, 7.5, 7.6, 7.7, 7.8, 7.9, 7.10 and 8.

7. Clause 9

(1) Delete clause 9(b)(i).

(2) Insert at the beginning of clause 9(c) —

“ For the upper bed, where the height of the guard rail

is less than 360 mm above the mattress base: ”.

(3) Delete clause 9(d).

8. Appendix A

(1) In Appendix A clause A3(a)(iv) delete “75 ± 0.5 mm” and insert instead —

“ 95 ± 0.5 mm ”.

(2) Delete Appendix A clause A3(b).

5636 GOVERNMENT GAZETTE, WA 30 December 2008

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(3) In Appendix A clause A5(a) delete “Place a mattress on each of the mattress bases of the bunk bed.”.

(4) In Appendix A clauses A5(e) and A6(c) delete “75 mm” and insert instead —

“ 95 mm ”.

9. Appendices B, C, D, E, F, G, H, I and J

Delete Appendices B, C, D, E, F, G, H, I and J. ”.

7. Schedule 19 inserted

After the last Schedule, the following Schedule is inserted —

“ Schedule 19 — Product safety standard for

children’s portable folding cots [r. 75]

Division 1 — AS/NZS 2195:1999

1. AS/NZS 2195:1999

Australian/New Zealand Standard AS/NZS 2195:1999 “Folding cots — Safety requirements” published by Standards Australia on 15 November 1999.

Division 2 — Variations to AS/NZS 2195:1999

2. Foreword

Delete the second paragraph of the foreword.

3. Clause 1

In clause 1 delete all of the text after “for folding cots”.

4. Clauses 2, 3, 5 and 6

Delete clauses 2, 3, 5 and 6.

5. Clause 7

Delete clause 7 and insert the following clause instead —

“ 7 CONSTRUCTION AND ASSEMBLY

The cot mattress and components within the cot shall not be of inflatable construction.

”.

6. Clause 8

(1) In clause 8.1(b) delete the Note.

30 December 2008 GOVERNMENT GAZETTE, WA 5637

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(2) In clause 8.1(d) — (a) delete “on warning labels specified in

Clauses 12.1(i), 12.2 and 13.2(b) (measured horizontally)”; and

(b) delete Note 2.

(3) In clause 8.3(a) delete the Note.

(4) Delete clause 8.3(b).

(5) In clause 8.3(c) delete the Note.

(6) In clause 8.4.1 delete “distinct locking position.” and insert instead —

“ clearly distinct locked position. ”.

(7) Delete clause 8.4.2 including Figure 1.

(8) In clause 8.4.3 — (a) in paragraph (e) delete “before and after being

tested in accordance with Appendix G”; and (b) delete the Note.

(9) Delete clauses 8.5, 8.6 and 8.7.

7. Clause 9

Delete clause 9.

8. Clause 10

(1) Delete clauses 10.1 and 10.2 including Figure 2 and insert the following clauses instead —

“ 10.1 General The applicable tests specified in clauses 10.2,

10.5, 10.13 and 10.14 shall be performed on the same folding cot assembled in accordance with the manufacturer’s instructions and without any accessories fitted.

10.2 Entrapment hazard test The folding cot shall be tested in accordance with Appendix A using the 95 mm probe. All gaps accessible within the folding cot shall not allow the 95 mm probe to pass through.

”.

(2) Delete clauses 10.3, 10.4, 10.6, 10.7, 10.8, 10.9, 10.10, 10.11 and 10.12.

(3) In clause 10.13(c) delete “500 mm” and insert instead —

“ 400 mm ”.

(4) Delete clauses 10.15 and 10.16.

9. Clauses 11 and 12

Delete clauses 11 and 12.

5638 GOVERNMENT GAZETTE, WA 30 December 2008

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10. Clause 13

(1) Delete clause 13.1.

(2) Delete clause 13.2 and insert instead —

“ 13.2 Safety marking The cot shall be permanently, prominently

and legibly marked on the inside of the cot with at least: (a) instructions for assembly and locking procedures; (b) a warning to check before each use that the cot is

correctly assembled and locking devices are fully engaged;

(c) either a warning to use a mattress of specified dimensions or a warning to use the mattress supplied by the manufacturer; and

(d) a warning not to add an extra mattress as this may cause suffocation.

”. (3) Delete clauses 13.3 and 13.4.

11. Appendix A

(1) In Appendix A clause A1 delete the words “finger, limb and”.

(2) In Appendix A clause A2 — (a) delete “A series of probes are” and insert instead — “ A probe is ”; and (b) delete “to the probes” and insert instead — “ to the probe ”; and (c) delete Notes 1 and 2.

(3) Delete Appendix A clause A3 and insert instead —

“ A3 APPARATUS The following apparatus is required:

(a) A spherical probe made of a suitably rigid material having a diameter of 95 ± 0.5 mm. The probe may be mounted on a rod of diameter not greater than 15 mm for the purpose of applying the specified force.

(b) A means of applying a force of 50 ± 5N. ”.

(4) In Appendix A delete clause A4 (e), (f), (g), (h), (i), (j), (k), (l), (m), (n) and (o).

(5) In Appendix A delete clause A5 (b), (c) and (d).

12. Appendices B, D, E, F, G, H, I, J, M and N

Delete Appendices B, D, E, F, G, H, I, J, M and N. ”.

By Command of the Governor,

G. M. PIKE, Clerk of the Executive Council.

30 December 2008 GOVERNMENT GAZETTE, WA 5639

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CE302*

Settlement Agents Act 1981

Settlement Agents Amendment Regulations (No. 2) 2008

Made by the Governor in Executive Council.

1. Citation

These regulations are the Settlement Agents Amendment Regulations (No. 2) 2008.

2. Commencement

These regulations come into operation as follows — (a) regulations 1 and 2 — on the day on which these

regulations are published in the Gazette; (b) the rest of the regulations — on the day after that day.

3. Regulations amended

These regulations amend the Settlement Agents Regulations 1982.

4. Regulation 15 amended

Delete regulation 15(1) and (2) and insert:

(1) An offence under section 65(1) in respect of a contravention or failure to observe a provision of the Act specified in Schedule 5 Part 1 is an offence for which an infringement notice may be issued under Part 2 of the Criminal Procedure Act 2004.

(2A) An offence under section 120(1) in respect of a contravention or failure to comply with a provision of the Act specified in Schedule 5 Part 2 is an offence for which an infringement notice may be issued under Part 2 of the Criminal Procedure Act 2004.

(2) The modified penalty specified opposite a provision in Schedule 5 is the modified penalty for a contravention or failure to observe, or comply with, that provision for the purposes of section 5(3) of the Criminal Procedure Act 2004.

5640 GOVERNMENT GAZETTE, WA 30 December 2008

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5. Schedule 5 replaced

Delete Schedule 5 and insert:

Schedule 5 — Prescribed offences and modified penalties [r. 15]

Part 1 — Offences under section 65

Provision of the Settlement Agents Act 1981

Modified Penalty

s. 51(1) $600 s. 51(3)(a) $600

Part 2 — Offences under section 120

Provision of the Settlement Agents Act 1981

Modified Penalty

s. 36(1) $400 s. 37(1) $200 s. 38(1) $200 s. 38(2) $200 s. 38(3) $400 s. 41(1)(a) $200 s. 41(1)(b) $200 s. 41(2) $200 s. 42(1)(a) $400 s. 42(1)(b) $400 s. 42(2)(a) $400 s. 42(2)(b) $400

By Command of the Governor,

G. M. PIKE, Clerk of the Executive Council.

———————————

30 December 2008 GOVERNMENT GAZETTE, WA 5641

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CE303*

Construction Industry Portable Paid Long Service Leave Act 1985

Construction Industry Portable Paid Long Service Leave Amendment Regulations 2008

Made by the Governor in Executive Council.

1. Citation

These regulations are the Construction Industry Portable Paid Long Service Leave Amendment Regulations 2008.

2. Commencement

These regulations come into operation as follows — (a) regulations 1 and 2 — on the day on which these

regulations are published in the Gazette; (b) the rest of the regulations — on 1 January 2009.

3. Regulations amended

These regulations amend the Construction Industry Portable Paid Long Service Leave Regulations 1986.

4. Regulation 8 amended

In regulation 8 delete “1.25%” and insert:

2.25%

By Command of the Governor,

G. M. PIKE, Clerk of the Executive Council.

———————————

5642 GOVERNMENT GAZETTE, WA 30 December 2008

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POLICE PO301*

Police Act 1892

Police Force Amendment Regulations (No. 2) 2008

Made under section 9 by the Commissioner of Police with the approval of the Minister for Police.

1. Citation

These regulations are the Police Force Amendment Regulations (No. 2) 2008.

2. Commencement

These regulations come into operation as follows — (a) regulations 1 and 2 — on the day on which these

regulations are published in the Gazette; (b) the rest of the regulations — on the day after that day.

3. Regulations amended

These regulations amend the Police Force Regulations 1979.

4. Regulation 103 amended

In regulation 103: (a) delete the definitions of Aboriginal aide and the Award; (b) insert in alphabetical order:

Act means the Police Act 1892; APLO has the meaning given in Part IIIA of the Act; relevant award means —

(a) in relation to a matter relating to members — The Police Award 1965;

(b) in relation to a matter relating to APLOs — The Aboriginal Police Aides Award,

as amended and in force from time to time under the Industrial Relations Act 1979 or —

(c) any award made under that Act and substituted for such an award; or

30 December 2008 GOVERNMENT GAZETTE, WA 5643

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(d) any industrial agreement registered under that Act in respect of persons to whom such an award applies;

5. Regulation 104 inserted

After regulation 103 insert:

104. Application of these regulations to APLOs

In Parts IV, VI, VIII, IX, XI, XII, XIII, XIV, XV and XVI a reference to a member is to be read as including a reference to an APLO unless the contrary intention appears.

6. Regulation 201 amended

In regulation 201: (a) after paragraph (a)(iii) insert:

(iv) commander;

(b) delete paragraph (d) and insert:

(d) Aboriginal police liaison officer ranks —

(i) senior Aboriginal police liaison officer; (ii) Aboriginal police liaison officer first

class; (iii) Aboriginal police liaison officer.

7. Regulation 303 amended

In regulation 303(2): (a) delete “members” (first occurrence) and insert:

members, APLOs

(b) delete “(including members and cadets transferred for

duties in the Traffic Patrol under the provisions of the Road Traffic Act 1974)”.

8. Regulation 502 amended

In regulation 502(1): (a) in paragraph (a)(i) delete “Australian Citizenship

Act 1948” and insert:

Australian Citizenship Act 2007

5644 GOVERNMENT GAZETTE, WA 30 December 2008

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(b) after paragraphs (a), (b) and (d) insert:

and

9. Regulation 616 amended

In regulation 616 delete “Liquor Act 1970” and insert:

Liquor Control Act 1988

10. Regulation 802 amended

In regulation 802(b) delete “the Award.” and insert:

a relevant award.

11. Regulation 805 amended

After regulation 805(3) insert:

(4) Subject to these regulations where the rank of an APLO is the same as the rank of another APLO or APLOs the following provisions apply for the purpose of determining seniority as between them —

(a) in the case of APLOs whose rank is senior APLO or APLO first class —

(i) the APLO who is appointed first to that rank is senior; but

(ii) if the date of the appointment of the APLOs to that rank is the same, the member who was senior immediately prior to that date is senior;

(b) in the case of APLOs whose rank is not senior APLO or APLO first class —

(i) the APLO who was appointed by the Commissioner first is senior; but

(ii) if the APLOs were appointed on the same date the older or oldest as the case may be is senior.

12. Regulation 8A01 amended

In regulation 8A01 in the definition of “member of the Force” delete “Aboriginal aide.” and insert:

APLO.

30 December 2008 GOVERNMENT GAZETTE, WA 5645

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13. Regulation 1101 amended

In regulation 1101 delete “Award.” and insert:

relevant award.

14. Regulation 1102 amended

In regulation 1102(1) delete “Award” and insert:

relevant award

15. Regulation 1105 amended

In regulation 1105 before “award” insert:

relevant

16. Regulation 1107 amended

In regulation 1107(1) in the definition of “distance rate” delete “Award” and insert:

relevant award

17. Regulation 1201 amended

In regulation 1201 delete “the Award.” and insert:

a relevant award.

18. Regulation 1204 amended

In regulation 1204(1): (a) in paragraph (d) delete “Award;” and insert:

relevant award;

(b) in paragraph (f) delete “Award” and insert:

relevant award

(c) in paragraph (i) delete “Public Service Property

Allowance Award 1975.” and insert:

relevant award.

5646 GOVERNMENT GAZETTE, WA 30 December 2008

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19. Regulation 1304 amended

(1) In regulation 1304(2) delete “Award” and insert:

relevant award

(2) In regulation 1304(3) delete “Award” and insert:

relevant award

20. Regulation 1310 amended

In regulation 1310 delete “Award” and insert:

relevant award

21. Regulation 1501 amended

In regulation 1501 delete “the Award.” and insert:

a relevant award.

22. Regulation 1502 amended

Delete regulation 1502(1)(c) and insert:

(c) observe any local laws made by a local government that apply to the property;

Signed: K. J. O’CALLAGHAN, Commissioner of Police.

Dated:24 November 2008.

Approved: Hon ROB JOHNSON MLA, Minister for Police.

Dated:16 December 2008.

———————————

30 December 2008 GOVERNMENT GAZETTE, WA 5647

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— PART 2 —

CONSUMER AND EMPLOYMENT PROTECTION CE401*

RETAIL TRADING HOURS ACT 1987

RETAIL TRADING HOURS REGIONAL EXEMPTION ORDER 2008 Made by the Minister for Commerce under section 12E(1) of the Act.

1. Citation This order may be cited as the Retail Trading Hours Regional Exemption Order 2008.

2. Interpretation In this order—

“motor shop” means a general retail shop or portion of a general retail shop, as the case requires—

(a) in, on or from which motor vehicles are sold by way of retail sale; or (b) in, on or from which spare parts for motor vehicles are sold by way of retail sale in

conjunction with the sale of motor vehicles.

3. Application This order applies to all general retail shops, other than motor shops, situated within the municipal boundaries of the Local Government Authorities specified in the Schedule.

4. Part disapplication (a) This order does not apply to retail shops situated within the Farm Fresh Food Market site at

the corner of Chester Pass Road and Catalina Street, Albany, where the retail trading hours for general retail shops are prescribed by Permit 1156.

(b) This order does not affect the operations of the Retail Trading Hours (Burt Street Precinct, Boulder) Exemption Order 2001.

5. Exemptions from Act provisions Sunday 7 December 2008 Each general retail shop to which this order applies is exempted from section 12(1)(d) of the Act on 7 December 2008 provided that the shop is closed on that day until 10.00 a.m. and from and after 5.00 p.m. Sunday 14 December 2008 Each general retail shop to which this order applies is exempted from section 12(1)(d) of the Act on 14 December 2008 provided that the shop is closed on that day until 10.00 a.m. and from and after 5.00 p.m. Friday 19 December 2008 Each general retail shop to which this order applies is exempted from section 12(1)(a) of the Act on 19 December 2008 provided that the shop is closed on that day until 8.00 a.m. and from and after 9.00 p.m. Sunday 21 December 2008 Each general retail shop to which this order applies is exempted from section 12(1)(a) of the Act on 21 December 2008 provided that the shop is closed on that day until 10.00 a.m. and from and after 5.00 p.m. Monday 22 December 2008 Each general retail shop to which this order applies is exempted from section 12(1)(d) of the Act on 22 December 2008 provided that the shop is closed on that day until 8.00 a.m. and from and after 9.00 p.m. Tuesday 23 December 2008 Each general retail shop to which this order applies is exempted from section 12(1)(d) of the Act on 23 December 2008 provided that the shop is closed on that day until 8.00 a.m. and from and after 9.00 p.m. Wednesday 24 December 2008 Each general retail shop to which this order applies is exempted from section 12(1)(d) of the Act on 24 December 2008 provided that the shop is closed on that day until 8.00 a.m. and from and after 6.00 p.m.

5648 GOVERNMENT GAZETTE, WA 30 December 2008

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Sunday 28 December 2008 Each general retail shop to which this order applies is exempted from section 12(1)(d) of the Act on 28 December 2008 provided that the shop is closed on that day until 10.00 a.m. and from and after 5.00 p.m.

Monday 29 December 2008 Each general retail shop to which this order applies is exempted from section 12(1)(d) of the Act on 29 December 2008 provided that the shop is closed on that day until 8.00 a.m. and from and after 5.00 p.m.

Tuesday 30 December 2008 Each general retail shop to which this order applies is exempted from section 12(1)(d) of the Act on 30 December 2008 provided that the shop is closed on that day until 8.00 a.m. and from and after 9.00 p.m.

Wednesday 31 December 2008 Each general retail shop to which this order applies is exempted from section 12(1)(d) of the Act on 30 December 2008 provided that the shop is closed on that day until 8.00 a.m. and from and after 9.00 p.m.

6. Schedule

City of Albany Shire of Menzies Shire of Beverley Shire of Merredin Shire of Boddington Shire of Moora Shire of Boyup Brook Shire of Morawa Shire of Bridgetown-Greenbushes Shire of Mount Magnet Shire of Brookton Shire of Mount Marshall Shire of Broomehill Shire of Mukinbudin Shire of Bruce Rock Shire of Mullewa City of Bunbury Shire of Murchison Shire of Capel Shire of Murray Shire of Carnamah Shire of Nannup Shire of Chapman Valley Shire of Narrogin Shire of Chittering Town of Narrogin Shire of Coolgardie Shire of Northam Shire of Coorow Shire of Nungarin Shire of Corrigin Shire of Perenjori Shire of Cranbrook Shire of Pingelly Shire of Cuballing Shire of Plantagenet Shire of Cue Shire of Quairading Shire of Dalwallinu Shire of Ravensthorpe Shire of Donnybrook-Balingup Shire of Sandstone Shire of Dowerin Shire of Tambellup Shire of Dumbleyung Shire of Tammin Shire of Esperance Shire of Three Springs City of Geraldton-Greenough Shire of Toodyay Shire of Gnowangerup Shire of Trayning Shire of Goomalling Shire of Victoria Plains Shire of Jerramungup Shire of Wagin City of Kalgoorlie-Boulder Shire of Wandering Shire of Kellerberrin Shire of Waroona Shire of Kent Shire of West Arthur Shire of Kojonup Shire of Westonia Shire of Kondinin Shire of Wickepin Shire of Koorda Shire of Williams Shire of Kulin Shire of Wongan-Ballidu Shire of Lake Grace Shire of Woodanilling Shire of Laverton Shire of Wyalkatchem Shire of Leonora Shire of Yalgoo City of Mandurah Shire of Meekatharra

TROY BUSWELL, Minister for Commerce.

30 December 2008 GOVERNMENT GAZETTE, WA 5649

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FISHERIES FI401*

FISH RESOURCES MANAGEMENT ACT 1994 PROHIBITION ON COMMERCIAL FISHING

(MUIRON ISLANDS MARINE MANAGEMENT AREA) ORDER 2008 Order No. 9 of 2008

FD 1620/98 [809] Made by the Minister under section 43.

1. Citation This order is the Prohibition on Commercial Fishing (Muiron Islands Marine Management Area) Order 2008.

2. Interpretation “Conservation Area” means an area of the Muiron Islands Marine Management Area classified

under section 62(1b) of the Conservation and Land Management Act 1984 and published in the Gazette of 21 January 2005 at page 313, as specified in Schedule 2;

“coral” means all live fish of that common name described by the scientific classifications Class Anthozoa and Class Hydrozoa and including any rock, substrate or other substance on or in which the fish are attached or inhabit;

“ ‘live rock’ ” means— (a) all fish of that common name described by the scientific classifications Family Corallinaceae,

Class Polychaeta, Class Crinoidea, Class Ascidiacea, Class Ophiuroidea, Phylum Bryozoa and Phylum Porifera; and

(b) all dead fish of the scientific classifications Class Anthozoa and Class Hydrozoa, and including any rock, substrate or other substance on or in which the fish are attached or inhabit;

“marine aquarium fish” has the same meaning as provided for in the Marine Aquarium Fish Management Plan 1995 * ;

“Muiron Islands Marine Management Area” means all WA waters reserved as a marine management area and classified as being of Class ‘A’ under section 13 of the Conservation and Land Management Act 1984 by an Order in Council published in the Gazette on 30 November 2004 at page 5481, as described in Schedule 1;

“specimen shell” has the same meaning as provided for in the Specimen Shell Management Plan 1995 ** ;

“unclassified area” means the waters of the Muiron Islands Marine Management Area that have not been classified as a Conservation Area.

3. Prohibition on commercial fishing A person must not fish for a commercial purpose by any means in the waters of the Muiron Islands Marine Management Area.

4. Exceptions to prohibition Clause 3 does not apply to a person who— (a) holds a commercial fishing licence; and (b) engages in an activity specified in Schedule 3.

5. Revocation The Prohibition On Taking Fish (South Muiron Island) Notice 1994 (Notice No. 672), published in the Gazette of 21 December 1994, which was made under the Fisheries Act 1905 and was continued in force under regulation 186 of the Fish Resources Management Regulations 1995 as if it were an order made under Section 43 of the Act, is revoked.

Schedule 1 Muiron Islands Marine Management Area

All waters bounded by a line commencing west of the Muiron Islands at the intersection of 21º 41.45’ south latitude and 114º 14.39’ east longitude; thence generally south easterly along the geodesic (contiguous with the boundary of the Ningaloo Marine Park) to the intersection of 21º 44.8536’ south latitude and 114º 17.3082’ east longitude; thence east along the parallel 21º 44.8536’ south latitude to its intersection with 114º25.722’ east longitude; thence generally north easterly along the geodesic to the intersection of 21º 42.411’ south latitude and 114º 27.4914’ east longitude; thence generally north westerly along the geodesic to the intersection of 21º36.5694’ south latitude and 114º 25.9026’ east longitude; thence generally north westerly along the geodesic to the intersection of 21º 34.4226’ south latitude and 114º 22.4496’ east longitude; thence generally south westerly along the geodesic to the intersection of 21º 34.7’ south latitude and 114º 21.7’ east longitude; thence generally south westerly along the geodesic to the intersection of 21º 35.3’ south latitude and 114º 20.5’ east longitude; thence generally south westerly along the geodesic to the intersection of 21º 36.0’ south latitude and

5650 GOVERNMENT GAZETTE, WA 30 December 2008

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114º 19.7’ east longitude; thence generally south westerly along the geodesic to the intersection of 21º 37.1’ south latitude and 114º 18.8’ east longitude; thence generally south westerly along the geodesic to the intersection of 21º 37.8’ south latitude and 114º 18.0’ east longitude; thence generally south westerly along the geodesic to the intersection of 21º 38.5’ south latitude and 114º 17.3’ east longitude; thence generally south westerly along the geodesic to the intersection of 21º 39.2’ south latitude and 114º 16.5’ east longitude; thence generally south westerly along the geodesic to the intersection of 21º 40.0’ south latitude and 114º 15.9’ east longitude; thence generally south westerly along the geodesic to the intersection of 21º 40.5’ south latitude and 114º 15.5’ east longitude; thence generally south westerly along the geodesic to the intersection of 21º 41.1’ south latitude and 114º 15.2’ east longitude; thence generally south westerly along the geodesic to the commencement point.

Schedule 2 Conservation areas

Sunday Island Conservation Area All waters bounded by a line commencing south west of Sunday Island at the intersection of 21º 43.05’ south latitude and 114º 24.85’ east longitude; thence east along the parallel to its intersection with 114º 25.65’ east longitude; thence north along the meridian to its intersection with 21º 41.75’ south latitude; thence west along the parallel to its intersection with 114º 24.85’ east longitude; thence south along the meridian to the commencement point.

North Muiron Conservation Area All waters bounded by a line commencing south west of North Muiron Island at the intersection of 21º 40.30’ south latitude and 114º 21.55’ east longitude; thence east along the parallel to its intersection with 114º 23.45’ east longitude; thence north along the meridian to its intersection with 21º 38.85’ south latitude; thence west along the parallel to its intersection with the high water mark on the south easterly shoreline of North Muiron Island; thence generally southerly and westerly along the high water mark to its intersection with 114º 21.55’ east longitude; thence south along the meridian to the commencement point.

South Muiron Conservation Area All waters bounded by a line commencing west of South Muiron Island at the intersection of 21º 41.00’ south latitude and 114º 18.35’ east longitude; thence east along the parallel to its intersection with the high water mark on the westerly shoreline of South Muiron Island; thence generally north easterly along the high water mark to its intersection with 21º 39.55’ south latitude; thence west along the parallel to the intersection with 114º 18.35’ east longitude; thence south along the meridian to the commencement point.

Schedule 3 Permitted Commercial Fishing Activities

1. Fishing by trawling, in the waters of the unclassified area, in accordance with the Exmouth Gulf Prawn Management Plan 1989 *** ;

2. Fishing for specimen shell, in the waters of the unclassified area, in accordance with the Specimen Shell Management Plan 1995;

3. Fishing for marine aquarium fish, except for coral or ‘live rock’, in the waters of the unclassified area, in accordance with the Marine Aquarium Fish Management Plan 1995;

4. Fishing by line, other than by longline, from a licensed fishing boat, in the waters of the unclassified area.

* Published in the Gazette of 22 September 1995. ** Published in the Gazette of 24 February 1995. *** Published in the Gazette of 27 July 2004.

Dated this 11th day of December 2008.

NORMAN MOORE, Minister for Fisheries.

———————————

FI402* FISH RESOURCES MANAGEMENT ACT 1994

PROHIBITION ON RECREATIONAL FISHING (MUIRON ISLANDS MARINE MANAGEMENT AREA) ORDER 2008

Order No. 10 of 2008 FD 1620/98 [809] Made by the Minister under section 43.

1. Citation This order is the Prohibition on Recreational Fishing (Muiron Islands Marine Management Area) Order 2008.

30 December 2008 GOVERNMENT GAZETTE, WA 5651

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2. Interpretation In this order, unless the contrary intention appears—

“Conservation Area” means an area classified under section 62(1b) of the Conservation and Land Management Act 1984 and published in the Gazette of 21 January 2005 at page 313, as described in Schedule 2;

“Muiron Islands Marine Management Area” means all WA waters reserved as a marine management area and classified as being of Class ‘A’ under section 13 of the Conservation and Land Management Act 1984 by an Order in Council published in the Gazette on 30 November 2004 at page 5481, as described in Schedule 1;

“rock lobster pot” has the same meaning as provided for in regulation 3(1) of the Fish Resources Management Regulations 1995.

3. Prohibition on recreational fishing in Conservation Areas A person must not engage in recreational fishing by any means in the waters of a Conservation Area.

4. Prohibition on recreational fishing by means of rock lobster pots A person must not engage in recreational fishing by means of rock lobster pots in any waters of the Muiron Islands Marine Management Area.

Schedule 1

Muiron Islands Marine Management Area All waters bounded by a line commencing west of the Muiron Islands at the intersection of 21º 41.45’ south latitude and 114º 14.39’ east longitude; thence generally south easterly along the geodesic (contiguous with the boundary of the Ningaloo Marine Park) to the intersection of 21º 44.8536’ south latitude and 114º 17.3082’ east longitude; thence east along the parallel 21º 44.8536’ south latitude to its intersection with 114º25.722’ east longitude; thence generally north easterly along the geodesic to the intersection of 21º 42.411’ south latitude and 114º 27.4914’ east longitude; thence generally north westerly along the geodesic to the intersection of 21º36.5694’ south latitude and 114º 25.9026’ east longitude; thence generally north westerly along the geodesic to the intersection of 21º 34.4226’ south latitude and 114º 22.4496’ east longitude; thence generally south westerly along the geodesic to the intersection of 21º 34.7’ south latitude and 114º 21.7’ east longitude; thence generally south westerly along the geodesic to the intersection of 21º 35.3’ south latitude and 114º 20.5’ east longitude; thence generally south westerly along the geodesic to the intersection of 21º 36.0’ south latitude and 114º 19.7’ east longitude; thence generally south westerly along the geodesic to the intersection of 21º 37.1’ south latitude and 114º 18.8’ east longitude; thence generally south westerly along the geodesic to the intersection of 21º 37.8’ south latitude and 114º 18.0’ east longitude; thence generally south westerly along the geodesic to the intersection of 21º 38.5’ south latitude and 114º 17.3’ east longitude; thence generally south westerly along the geodesic to the intersection of 21º 39.2’ south latitude and 114º 16.5’ east longitude; thence generally south westerly along the geodesic to the intersection of 21º 40.0’ south latitude and 114º 15.9’ east longitude; thence generally south westerly along the geodesic to the intersection of 21º 40.5’ south latitude and 114º 15.5’ east longitude; thence generally south westerly along the geodesic to the intersection of 21º 41.1’ south latitude and 114º 15.2’ east longitude; thence generally south westerly along the geodesic to the commencement point.

Schedule 2

Conservation areas

Sunday Island Conservation Area All waters bounded by a line commencing south west of Sunday Island at the intersection of 21º 43.05’ south latitude and 114º 24.85’ east longitude; thence east along the parallel to its intersection with 114º 25.65’ east longitude; thence north along the meridian to its intersection with 21º 41.75’ south latitude; thence west along the parallel to its intersection with 114º 24.85’ east longitude; thence south along the meridian to the commencement point.

North Muiron Conservation Area All waters bounded by a line commencing south west of North Muiron Island at the intersection of 21º 40.30’ south latitude and 114º 21.55’ east longitude; thence east along the parallel to its intersection with 114º 23.45’ east longitude; thence north along the meridian to its intersection with 21º 38.85’ south latitude; thence west along the parallel to its intersection with the high water mark on the south easterly shoreline of North Muiron Island; thence generally southerly and westerly along the high water mark to its intersection with 114º 21.55’ east longitude; thence south along the meridian to the commencement point.

South Muiron Conservation Area All waters bounded by a line commencing west of South Muiron Island at the intersection of 21º 41.00’ south latitude and 114º 18.35’ east longitude; thence east along the parallel to its intersection with the high water mark on the westerly shoreline of South Muiron Island; thence generally north easterly along the high water mark to its intersection with 21º 39.55’ south latitude; thence west along the parallel to the intersection with 114º 18.35’ east longitude; thence south along the meridian to the commencement point.

Dated this 11th day of December 2008.

NORMAN MOORE, Minister for Fisheries.

5652 GOVERNMENT GAZETTE, WA 30 December 2008

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FI403* FISH RESOURCES MANAGEMENT ACT 1994

PROHIBITION ON LINE FISHING (METAL IN LINES AND TRACES) ORDER 2008 Order No. 14 of 2008

FD 1620/98 [745] Made by the Minister under section 43.

1. Citation This order is the Prohibition on Line Fishing (Metal in Lines and Traces) Order 2008.

2. Interpretation In this order—

“connector” means a clip or similar piece of fishing gear that is used for ease of connecting and disconnecting fishing line and does not include a snood, dropper or trace;

“licensed fishing boat” has the same meaning as in the Fish Resources Management Regulations 1995;

“West Coast Demersal Scalefish (Interim) Managed Fishery” means the fishery declared by the West Coast Demersal Scalefish (Interim) Management Plan 2007.

3. Prohibition on fishing by means of fishing line containing metal wire or chain (1) A person must not fish for a commercial purpose by means of any fishing line that contains any metal wire or chain within one metre of any hook. (2) A person must not fish from a licensed fishing boat by means of any fishing line that contains any metal wire or chain within one metre of any hook.

4. Exceptions to clause 3 Clause 3 does not apply to, or in respect of— (a) a sinker, swivel, crimp, flag, float or connector; or (b) fishing by a person in accordance with the Mackerel Fishery (Interim) Management

Plan 2004; or (c) recreational fishing by a person from a licensed fishing boat that is being used for or in

connection with the conduct of a fishing tour under the authority of a fishing tour operator’s licence; or

(d) recreational fishing by the holder of a commercial fishing licence from a licensed fishing boat that is being used to conduct a voyage that is solely for recreational purposes in waters outside the waters of the West Coast Demersal Scalefish (Interim) Managed Fishery.

Dated this 24th day of November 2008.

NORMAN MOORE, Minister for Fisheries.

———————————

FI404* FISH RESOURCES MANAGEMENT REGULATIONS 1995

APPROVED DIRECTIONS I, Greg Paust, Deputy Director Integrated Fisheries Management as delegate for the Chief Executive Officer of the Department of Fisheries, pursuant to Regulation 55AA(3) of the Fish Resources Management Regulations 1995, do hereby— 1. cancel the Notice of Approved Directions dated 01 December 2008; and 2. approve the documents listed in Schedule 1 as approved directions for the installation, use

and testing of approved automatic location communicators for the purposes of the Fish Resources Management Regulations 1995.

Schedule 1 Approved Directions

Document Name Dated

Abrolhos Islands and Mid West Trawl Managed Fishery Automatic Location Communicator Approved Directions for Use

26/03/2001

Broome Prawn Managed Fishery Automatic Location Communicator Approved Directions

04/07/2007

Exmouth Gulf Prawn Managed Fishery Automatic Location Communicator Approved Directions for Use

11/04/2002

Kimberley Prawn Managed Fishery Automatic Location Communicator Approved Directions for Use

02/05/2002

30 December 2008 GOVERNMENT GAZETTE, WA 5653

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Document Name Dated

Mackerel (Interim) Managed Fishery Automatic Location Communicator Approved Directions for Use

28/03/2006

Nickol Bay Prawn Managed Fishery Automatic Location Communicator Approved Directions for Use

06/03/2002

Northern Demersal Scalefish Managed Fishery Automatic Location Communicator Approved Directions

02/12/2008

Onslow Prawn Managed Fishery Automatic Location Communicator Approved Directions for Use

14/02/2003

Pilbara Fish Trawl (Interim) Managed Fishery Automatic Location Communicator Approved Directions for Use

14/03/2002

Pilbara Trap Managed Fishery Automatic Location Communicator Approved Directions for Use

28/06/2006

Shark Bay Prawn Managed Fishery Automatic Location Communicator Approved Directions for Use

03/09/2001

Shark Bay Scallop Managed Fishery Automatic Location Communicator Approved Directions for Use

20/02/2003

South West Trawl Managed Fishery Automatic Location Communicator Approved Directions

17/03/2008

Shark Bay Snapper Managed Fishery Automatic Location Communicator Approved Directions

18/12/2008

West Coast Demersal Gillnet and Demersal Longline (Interim) Managed Fishery Automatic Location Communicator Approved Directions

19/09/2008

West Coast Demersal Scalefish (Interim) Managed Fishery Automatic Location Communicator Approved Directions

14/02/2008

Western Australia North Coast Shark Fishery Automatic Location Communicator Approved Directions

12/11/2008

Wetline Fishing Boat Licence Holder Automatic Location Communicator (ALC) Approved Directions

11/04/2007

GREG PAUST, Deputy Director Integrated Fisheries Management, as delegate for the Chief Executive Officer.

Dated this 22nd day of December 2008.

HEALTH HE401*

MEDICAL ACT 1894 MEDICAL (UNMET AREA OF NEED) DETERMINATION (NO. 40) 2008

Made by the Minister for Health pursuant to section 11AF of the Medical Act 1894.

Citation 1. This determination may be cited as the Medical (Unmet Area of Need) Determination (No. 40) 2008.

Commencement 2. This determination comes into operation on the day on which it is published in the Government Gazette.

Unmet area of need 3. The area of need specified in the Schedule is determined to be an unmet area of need for the purposes of section 11AF(1)D of the Act.

Expiry of determination 4. This determination expires two years after its commencement.

Schedule EMERGENCY MEDICAL SERVICES AT ARMADALE-KELMSCOTT MEMORIAL HOSPITAL.

Dated this 17th day of December 2008.

KIM HAMES MLA, Deputy Premier; Minister for Health.

5654 GOVERNMENT GAZETTE, WA 30 December 2008

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HE402* MEDICAL PRACTITIONERS ACT 2008

MEDICAL (UNMET AREA OF NEED) DETERMINATION (NO. 41) 2008 Made by the Minister for Health pursuant to section 34(1) of the Medical Practitioners Act 2008.

Citation 1. This determination may be cited as the Medical (Unmet Area of Need) Determination (No. 41) 2008.

Commencement 2. This determination comes into operation on the day on which it is published in the Government Gazette.

Unmet area of need 3. The area of need specified in the Schedule is determined to be an unmet area of need for the purposes of section 34(2)(b)(iv) of the Act.

Expiry of determination 4. This determination expires two years after its commencement.

Schedule INTERNS, RESIDENT MEDICAL OFFICERS AND REGISTRARS EMPLOYED IN JOONDALUP HEALTH CAMPUS. INTERNS, RESIDENT MEDICAL OFFICERS AND REGISTRARS EMPLOYED IN AND ON ROTATION FROM THE FOLLOWING LOCATIONS— – ARMADALE-KELMSCOTT MEMORIAL HOSPITAL – CHILD AND ADOLESCENT HEALTH SERVICE – FREMANTLE HOSPITAL – KALEEYA HOSPITAL – ROCKINGHAM-KWINANA DISTRICT HOSPITAL – ROYAL PERTH HOSPITAL – SIR CHARLES GAIRDNER HOSPITAL – SWAN KALAMUNDA HEALTH SERVICE – WA COUNTRY HEALTH SERVICE – WOMEN AND NEWBORN HEALTH SERVICE

Dated this 17th day of December 2008. KIM HAMES MLA, Deputy Premier;

Minister for Health.

HERITAGE HR401*

HERITAGE OF WESTERN AUSTRALIA ACT 1990 CONSERVATION ORDER

The Heritage Council of Western Australia gives notice that Conservation Orders have been made in relation to the places known as the East Perth Power Station, located Summers St, East Perth, and Beaufort Street Terraces, located 225-227 & 235-241 Beaufort St Perth as described in schedule 1. Dated the 23rd day of December 2008.

STEPHEN CARRICK, Acting Director, Heritage Council of Western Australia.

———— Schedule 1—Conservation Order

Heritage of Western Australia Act 1990 Part 6—Enforcement

Section 59 CONSERVATION ORDER

EAST PERTH POWER STATION Summers Street, Perth

WHEREAS In my opinion it is necessary and desirable to provide special protection in respect of those parcels of land comprising a ptn of Lot 602 shown labelled “E” on DP 57640 being part of the land

30 December 2008 GOVERNMENT GAZETTE, WA 5655

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contained in C/T V 2698 F 312 and a ptn of Lot 9000 show labelled “E” on DP 57640 being part of the land contained in C/T V 2698 F 315; together as comprised in HCWA Survey Drawing No. 3318 prepared Steffanoni Ewing & Cruikshank, and being more particularly the land and buildings situated on the east end of Summers Street, adjacent to the Swan River, Perth, and known specifically as the East Perth Power Station (“the place”) and by reason of the likelihood of imminent damage to the place a specific prohibition is urgently necessary

now pursuant to section 59(1) of the Heritage of Western Australia Act 1990, I, The Hon. G. M. (John) Castrilli, MLA, Minister for Local Government; Heritage; Citizenship and Multicultural Interests, administering the Heritage of Western Australia Act 1990, hereby prohibit, except with my authority— (a) the demolition, damage or alteration of the place or any portion of the place, or any building

or structure on the place; and (b) the carrying out of any activity that may detrimentally affect the cultural heritage

characteristics of the place. Dated the 23rd day of December 2008.

G. M. (JOHN) CASTRILLI MLA, Minister for Local Government; Heritage; Citizenship and Multicultural Interests.

———— Heritage of Western Australia Act 1990

Part 6—Enforcement Section 59

CONSERVATION ORDER BEAUFORT STREET TERRACES

225-227 and 235-241 Beaufort Street, Perth WHEREAS

In my opinion it is necessary and desirable to provide special protection in respect of those parcels of land comprising Lot 134 on Plan 613 being the whole of the land contained in C/T V 873 F 74; Lots 102, 103 and 104 on Diagram 63744 being the whole of the land contained in C/T V 1685 F 933; Lots 105, 106 and 107 on Diagram 63744 being the whole of the land contained in C/T V 1685 F 934; Lots 100 and 101 on Diagram 63744 being the whole of the land contained in C/T V 1630 F 399; and Lots 108 and 109 on Diagram 63744 being the whole of the land contained in C/T V 1639 F 901; being more particularly the land and buildings situated at 225-227 and at 235-241 Beaufort Street, Perth, and known specifically as the Beaufort Street Terraces (“the place”) and by reason of the likelihood of imminent damage to the place a specific prohibition is urgently necessary

now pursuant to section 59(1) of the Heritage of Western Australia Act 1990, I, The Hon. G. M. (John) Castrilli, MLA, Minister for Local Government; Heritage; Citizenship and Multicultural Interests, administering the Heritage of Western Australia Act 1990, hereby prohibit, except with my authority— (c) the demolition, damage or alteration of the place or any portion of the place, or any building

or structure on the place; and (d) the carrying out of any activity that may detrimentally affect the cultural heritage

characteristics of the place. Dated the 23rd day of December 2008.

G. M. (JOHN) CASTRILLI MLA, Minister for Local Government; Heritage; Citizenship and Multicultural Interests.

———————————

HR402* HERITAGE OF WESTERN AUSTRALIA ACT 1990

PROPOSED CONSERVATION ORDER The Heritage Council of Western Australia also gives notice that it is proposed that a Conservation Order be made in relation to the place known as the State Battery (fmr), Sandstone located approximately 6 km south-east of Sandstone on the Menzies-Sandstone Road, Sandstone pursuant to section 59(1) of the Heritage of Western Australia Act 1990. A copy of a drawing indicating the area of land of interest to the Heritage Council is available by calling the Council on (08) 9221 4177 during normal business hours. Submissions in relation to the proposed Conservation Order, the substantial terms of which are set out in Schedule 2, are invited from persons generally. Submissions must be in writing and must be forwarded to the following address—

The Director, Heritage Council of Western Australia 108 Adelaide Terrace, East Perth, WA 6004.

Submissions must be received by 4.00 pm on Tuesday 6 January 2009.

5656 GOVERNMENT GAZETTE, WA 30 December 2008

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Schedule 2—Proposed Conservation Orders Heritage of Western Australia Act 1990

Part 6—Enforcement Section 59

CONSERVATION ORDER STATE BATTERY (fmr), SANDSTONE

WHEREAS In my opinion it is necessary and desirable to provide special protection in respect of that parcel of land comprising Res No 41075, Lot 42 on DP 189100, being the whole of the land contained in CLT V 3055 F 281, and situated approximately 6 km south-east of Sandstone on the Menzies-Sandstone Road, Sandstone together with the buildings and structures thereon, known generally as the State Battery (fmr), Sandstone (“the place”) and by reason of the likelihood of imminent damage to the place a specific prohibition is urgently necessary

now pursuant to section 59(1) of the Heritage of Western Australia Act 1990, I, The Hon. G. M. (John) Castrilli, MLA, Minister for Local Government; Heritage; Citizenship and Multicultural Interests, administering the Heritage of Western Australia Act 1990, hereby prohibit, except with my authority— (e) the demolition, damage or alteration of the place or any portion of the place, or any building

or structure on the place; and (f) the carrying out of any activity that may detrimentally affect the cultural heritage

characteristics of the place. Dated the 23rd day of December 2008.

G. M. (JOHN) CASTRILLI MLA, Minister for Local Government; Heritage; Citizenship and Multicultural Interests.

JUSTICE JU401*

PRISONS ACT 1981 PERMIT DETAILS

Pursuant to the provisions of section 15P of the Prisons Act 1981, the Commissioner of the Department of Corrective Services has issued the following persons with Permits to do High-Level Security Work—

Surname First Names Permit No. Issue Date

BATES EMMA HOLTHAM AP 0578 05/12/08

BATES JOHN AP 0579 05/12/08 BEAVER MARK GRAHAM AP 0580 05/12/08

BEST DARRON ADAM AP 0581 05/12/08 CARROLL MARK FRANCIS AP 0582 05/12/08

CHANEY ALAN RICHARD AP 0583 05/12/08 DILLON STEPHEN PAUL AP 0584 05/12/08

FRENCH JEFFREY IVAN AP 0585 05/12/08 HIGGINS JENNIFER ANNE AP 0586 05/12/08

HILLMAN MAUREEN ANNE AP 0587 05/12/08 JACKSON MATTHEW ERROL AP 0588 05/12/08

JONES ANTHONY MICHAEL AP 0589 05/12/08 MARTINELLI STACEY IRENE AP 0590 05/12/08

MARTINELLI VALMA DORIS AP 0591 05/12/08 McFADDEN CHERIE COLETTE AP 0592 05/12/08

MOLONEY JAMES MICHAEL AP 0593 05/12/08 MUVCESKA STEVEN CHRISTOPHER AP 0594 05/12/08

OLEJNIK JERZY MIROSLAW AP 0595 05/12/08 O’MEARA EDWARD CHARLES AP 0596 05/12/08

PILLERA MARIO LORENZO AP 0597 05/12/08 POTTER MARK STEPHEN AP 0598 05/12/08

30 December 2008 GOVERNMENT GAZETTE, WA 5657

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Surname First Names Permit No. Issue Date

SAUOAIGA BENSON AP 0599 05/12/08

STEPHENSON DAVID PHILIP AP 0600 05/12/08 TURNER BRETT STEPHEN AP 0601 05/12/08

ZAKRZWESKI HENRYK AP 0602 05/12/08

This notice is published under section 15P of the Prisons Act 1981.

BRIAN LAWRENCE, Manager Acacia Prison Contract. 22 December 2008.

LOCAL GOVERNMENT LG401*

LOCAL GOVERNMENT ACT 1995 Shire of Jerramungup

APPOINTMENTS It is hereby notified for public information that Mr Harry Louw and Mr Jim Thomas have been appointed Rangers for the Shire of Jerramungup effective from 15 December 2008, for the following purposes—

Dog Act 1976 Litter Act 1979 Local Government Act 1995 Bush Fires Act 1954 Local Government (Miscellaneous Provisions) Act Council Local Laws Control of Vehicles (Off Road Vehicle) Act Caravan Parks and Camping Grounds Act 1995

BILL PARKER, Chief Executive Officer.

——————————— LG402*

LOCAL GOVERNMENT ACT 1995 City of Cockburn

AUTHORISED PERSONS It is hereby notified for public information that as from 30 December 2008, Rachel Yvonne Oliver and Arron Lee Selfe have been appointed as City Rangers and are duly authorised officers in accordance with the various Acts, Regulations and Local Laws as detailed hereunder. 1. Dog Act 1976 2. Control of Vehicles (Off Road Areas) Act 1978 3. Litter Act 1979 4. Local Government Act 1995 5. Fire Control Officer pursuant to s.38 and s. 5.59 of the Bush Fires Act 1954 6. City of Cockburn (Local Government Act) Local Laws 2000 as detailed hereunder— (i) Divisions 3, 4, 5 and 6 of Part II—Animals (ii) Part III—Reserves, Foreshores and Beaches except section (t) and section 3.4(f), (g), (j),

(k) and (l) thereof. (iii) Divisions 2, 5 and 6 of Part V—Dangerous and Offensive Things. (iv) Part VI—Hawkers, Stallholders and Street Traders. (v) Divisions 4 and 5 of Part VII—Management and Control of Council Property. (vi) Sections 8.22 and 8.23 of Part VIII—Signs, Hoardings, Bill Posting. (vii) Part IX—Streets and Public Places except sections 9.4, 9.5, 9.6, 9.7 and 9.8 thereof. (viii) Part XI—Law, Order and Security. (ix) Parking and Parking Facilities Local Law 2007. (x) Division 3 of Part V—Nuisances, limited to smoke nuisance only.

STEPHEN CAIN, Chief Executive Officer.

5658 GOVERNMENT GAZETTE, WA 30 December 2008

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LG403* CITY OF STIRLING

APPOINTMENTS It is hereby notified for public information that the following persons—

Mark Sargent Julian Mann

have been appointed by the City of Stirling as authorised officers to exercise powers pursuant to the following legislations—

Local Government Act 1995 (as amended) Local Government Act (Miscellaneous Provisions Act 1960) Bush Fires Act 1954 (as amended) Dog Act 1976 (as amended) Litter Act 1979 (as amended) The Control of Vehicles (Off Road Areas Act 1978 (as amended) Spear Guns Act 1955 (as amended)

STUART JARDINE, Chief Executive Officer.

———————————

LG404* DOG ACT 1976

Shire of Cunderdin REGISTRATION OFFICERS

It is hereby notified for public information that the following persons have been appointed as dog Registration Officers under the provision of the Dog Act 1976 for the municipality of the Shire of Cunderdin.

Registration Officers— Ms Emma Jacqueline Coughlan Mr Gary Michael Tuffin

GARY M. TUFFIN, Chief Executive Officer.

MARINE/MARITIME MX401*

WESTERN AUSTRALIAN MARINE ACT 1982 NAVIGABLE WATERS REGULATIONS 1958

PROHIBITED SWIMMING AREA Leschenault Inlet City of Bunbury

Department for Planning and Infrastructure, Fremantle WA, 6 January 2009.

Acting pursuant to the powers conferred by Regulation 10A(b) of the Navigable Waters Regulations, I hereby close all of the following waters to swimming, between 8.30 PM and 9.45 PM on Monday 26 January 2009—

All the waters of the Koombana Channel south of the Koombana Drive Bridge and all the waters of Leschenault Inlet west of an imaginary line. The line extends from a point on the foreshore approximately 20 metres west of the jetty at the Bunbury and Districts Power Boat Club Launching Ramp, to a point on the southern foreshore approximately 60 metres west of the Bunbury Rowing Club Launching Ramp. This area is set aside for safety measures during the set up and display of pyrotechnics.

DAVID HARROD, General Manager, Marine Safety. Department for Planning and Infrastructure.

30 December 2008 GOVERNMENT GAZETTE, WA 5659

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MINERALS AND PETROLEUM MP401*

MINING ACT 1904 RENEWALS

Department of Industry and Resources, Perth, 19 December 2008.

In accordance with the provisions of the Mining Act 1904 the Governor has been pleased to deal with the following Temporary Reserves.

ANNE NOLAN, Director General.

———— The rights of occupancy on the undermentioned Temporary Reserves have been renewed.

Number Occupant For Further Period Expiring On

Locality Mineral Field

4192H, 4193H, 4266H, 4267H, 4737H and 4881H to 4884H

Hancock Prospecting Pty Ltd Wright Prospecting Pty Ltd Hamersley Resources Ltd

31 December 2009 Rhodes Ridge

West Pilbara and Peak Hill

——————————— MP402*

MINING ACT 1978 INSTRUMENT OF EXEMPTION OF LAND—

EXTENSION OF PERIOD The Minister for Mines and Petroleum pursuant to the powers conferred on him by Section 19 of the Mining Act 1978, hereby extends the exemption originally declared on 17 January 2007 and published in Government Gazette dated 2 February 2007, of that area described hereunder (not being private land or land that is the subject of a mining tenement or an application therefor) from Divisions 1 to 5 of Part IV of the Mining Act 1978. Description of Land Land designated S19/303 in the Tengraph plan of the Department of Industry and Resources. A geospatial description is filed at pages 19 to 24 of Department of Industry and Resources File No. A1930/200601. Area: 7186.85 hectares Locality: Town of Onslow Period of Extension: 17 January 2009 to 16 January 2011 Dated at Perth this 12th day of December 2008.

NORMAN MOORE MLC, Minister for Mines and Petroleum.

——————————— MP403*

MINING ACT 1978 INSTRUMENT OF EXEMPTION OF LAND—

EXTENSION OF PERIOD The Minister responsible for the Mining Act 1978, pursuant to the powers conferred on him by Section 19 of the Mining Act 1978, hereby extends the exemption originally declared on 8 February 2001 and published in Government Gazette dated 16 February 2001, with the most recent extension being until 7 February 2009, of that area described hereunder (not being private land or land that is the subject of a mining tenement or an application therefor) from Divisions 1 to 5 of Part IV of the Mining Act 1978. Description of Land All those portions of land, not being private land or land the subject of a mining tenement or application for a mining tenement, bordered ‘green’ on the plan at page 114 of Department of Industry and Resources File No. 606/98Vol01 and designated ‘S19/153’ in Tengraph. Area: 46,654 hectares approximately Period of Extension: 8 February 2009 to 7 February 2011 Dated at Perth this 12th day of December 2008.

NORMAN MOORE MLC, Minister for Mines and Petroleum.

5660 GOVERNMENT GAZETTE, WA 30 December 2008

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MP404* MINING ACT 1978

INSTRUMENT OF EXEMPTION OF LAND The Minister responsible for the Mining Act 1978, pursuant to the powers conferred on him by Section 19 of the Mining Act 1978, hereby declares the land described hereunder (not being private land or land that is the subject of a mining tenement or an application for a mining tenement) exempt from Divisions 1 to 5 of Part IV of the Mining Act 1978.

Description of Land At Cape Preston commencing at a point—

20 48’ 55.2214 116 16’ 04.7964 coincident with the NE corner of E08/636 thence south to a point 20 54’ 55.2265 116 16’ 04.7887 coincident with an east boundary corner of E08/636 thence west to a point 20 54’ 55.2269 116 15’ 04.7910 coincident with an east boundary corner of E08/636 thence south to a point 20 56’ 19.3861 116 15’ 04.7908 coincident with the east boundary of E08/636 thence west to a point 20 56’ 19.3861 116 14’ 29.7035 thence north to a point 20 55’ 40.6931 116 14’ 29.4968 thence west to a point 20 55’ 40.8740 116 13’ 39.9549 coincident with the west boundary of G08/74 thence generally northerly to a point 20 51’ 40.3292 116 13’ 29.8024 thence west to a point 20 51’ 40.2357 116 13’ 17.7789 thence generally northerly to a point 20 48’ 55.2242 116 13’ 13.6628 coincident with the north boundary of E08/636 thence east to the commencement point,

being former portions of E08/636, G08/52 and application for G08/74 as shown on Plan 5 Sheet 1 referred to in the 2008 Agreement Variation to the Iron Ore Processing (Mineralogy Pty Ltd) Agreement Act 2002, now depicted as Section 19/315 in the DoIR Tengraph system.

Area of Land approximately 558.0946 ha

Dated at Perth this 12th day of December 2008.

NORMAN MOORE MLC, Minister for Mines and Petroleum.

———————————

MP405* MINING ACT 1978

INSTRUMENT OF EXEMPTION OF LAND The Minister responsible for the Mining Act 1978, pursuant to the powers conferred on him by Section 19 of the Mining Act 1978, hereby declares the land described hereunder (not being private land or land that is the subject of a mining tenement or an application for a mining tenement) exempt from Divisions 1 to 5 of Part IV of the Mining Act 1978.

Description of Land Land designated S19/312 in the Tengraph electronic plan of the Department of Industry and Resources. A geospatial description is filed at pages 14 to 18 of Department of Industry and Resources File No T2126/200402.

Area of Land 1023.9926 hectares

Dated at Perth this 12th day of December 2008.

NORMAN MOORE MLC, Minister for Mines and Petroleum.

———————————

MP406* MINING ACT 1978

INSTRUMENT OF EXEMPTION OF LAND The Minister responsible for the Mining Act 1978, pursuant to the powers conferred on him by Section 19 of the Mining Act 1978, hereby declares the land described hereunder (not being private

30 December 2008 GOVERNMENT GAZETTE, WA 5661

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land or land that is the subject of a mining tenement or an application for a mining tenement) exempt from Divisions 1 to 5 of Part IV of the Mining Act 1978.

Description of Land Land designated S19/313 in the Tengraph electronic plan of the Department of Industry and Resources. A geospatial description is filed at page 20 to 21 of Department of Industry and Resources File No T2126/200402.

Area of Land 532.4389 hectares

Dated at Perth this 12th day of December 2008.

NORMAN MOORE MLC, Minister for Mines and Petroleum.

———————————

MP407* MINING ACT 1978

APPLICATION FOR AN ORDER FOR FORFEITURE Department of Industry and Resources, Leonora.

In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the following licences are liable to forfeiture under the provisions of Section 96(1)(a) of the Mining Act 1978 for non-payment of rent.

G. BENN, Warden.

———— To be heard by the Warden in Leonora on 21 January 2009.

EAST MURCHISON MINERAL FIELD Lawlers District

Prospecting Licence P36/1524—Baracus Pty Ltd

MOUNT MARGARET MINERAL FIELD Mount Malcolm District

Prospecting Licences P37/5702—Cool Sand Supplies Pty Ltd P37/5704—Cool Sand Supplies Pty Ltd P37/5705—Cool Sand Supplies Pty Ltd P37/5706—Cool Sand Supplies Pty Ltd P37/5707—Cool Sand Supplies Pty Ltd P37/5708—Cool Sand Supplies Pty Ltd P37/5709—Cool Sand Supplies Pty Ltd P37/5710—Cool Sand Supplies Pty Ltd P37/5802—Le Chem Pty Ltd

Mount Margaret District Prospecting Licences

P38/3221—Hawtin, Dennis James P38/3222—Hawtin, Dennis James P38/3223—Hawtin, Dennis James

Mount Morgans District Prospecting Licences

P39/4349—McCarthy, John Gregory Wiltshire, Peter Andrew P39/4562—Pocketmail Group Ltd Magma Metals Ltd P39/4563—Pocketmail Group Ltd Magma Metals Ltd P39/4564—Magma Metals Ltd Pocketmail Group Ltd P39/4565—Pocketmail Group Ltd Magma Metals Ltd

5662 GOVERNMENT GAZETTE, WA 30 December 2008

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MP408

MINING ACT 1904 RENEWALS

Department of Industry and Resources, Perth, 19 December 2008.

In accordance with the provisions of the Mining Act 1904 the Governor has been pleased to deal with the following Temporary Reserves.

ANNE NOLAN, Director General.

———— The rights of occupancy on the undermentioned Temporary Reserves have been renewed.

Number Occupant For Further Period Expiring On

Locality Mineral Field

5615H, 5616H, 5621H and 5622H

Westraint Resources Pty Ltd

31 December 2009 Wittenoom West Pilbara

SALARIES AND ALLOWANCES TRIBUNAL SX401*

SALARIES AND ALLOWANCES ACT 1975 DETERMINATION VARIATION

PREAMBLE In accordance with section 35(1) of the Public Sector Management Act 1994, His Excellency the Governor has altered the designation of the Department of Consumer and Employment Protection and the Department of Industry and Resources and established the Department of State Development with effect from 1st January 2009. Subsequently alterations are required to positions in the Special Division of the Public Service affected by these changes and the Salaries and Allowances Tribunal has made a determination accordingly.

DETERMINATION The determination of the Salaries and Allowances Tribunal made on 4th April 2008 under sections 6(1)(c), (d) and (e) of the Salaries and Allowances Act 1975, as amended from time to time, is hereby varied by a further determination, set out below, with effect from 1st January 2009— Amend and exclude from Part 1 of the First Schedule the following—

Agency Office Classification

Department of Consumer and Employment Protection

Director General Group 3 Minimum

Department of Industry and Resources

Director General Group 4 Minimum

Amend and include in Part 1 of the First Schedule the following—

Agency Office Classification

Department of Commerce Director General Group 3 Minimum

Department of Mines and Petroleum

Director General Group 3 Minimum

Department of State Development

Director General Group 4 Minimum

Dated at Perth this 19th day of December 2008.

Professor M. C. WOOD, Chairman. W. S. COLEMAN AM, Member,

Salaries and Allowances Tribunal.

30 December 2008 GOVERNMENT GAZETTE, WA 5663

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TREASURY AND FINANCE TF401*

TAXATION ADMINISTRATION ACT 2003 COMMISSIONER’S PRACTICES

Under the provisions of section 127 of the Taxation Administration Act 2003, the following Commissioner’s Practice is hereby published for public information— SD10.1 Stamp Duty—No Requisitions where Duty is not likely to exceed $100 SD20.1 Stamp Duty—Missing, Lost or Destroyed Instruments SD21.2 Stamp Duty—Endorsement of Documents to be used in Evidence SD35.1 Stamp Duty—Town Planning Schemes—Conveyances Full details of the Commissioner’s Practice can be obtained from the Office of State Revenue website at www.osr.wa.gov.au

(Sgd.) for B. SULLIVAN, Commissioner of State Revenue, Department of Treasury and Finance.

WORKCOVER WC401*

WORKERS’ COMPENSATION AND INJURY MANAGEMENT ACT 1981 APPROVED MEDICAL SPECIALISTS ORDER (NO. 4) 2008

Made by WorkCover WA under section 146F(1) of the Act.

1. Citation This order is the Approved Medical Specialists Order (No. 4) 2008.

2. Approved medical specialists The following medical practitioners are designated as approved medical specialists under section 146F(1) of the Act—

Dr Paul Jarrett Dr Anthony Mander Professor Jerzy Sikorski Dr Douglas Sneddon Dr Philip Carrivick Dr Allan Wang Dr Holman Zandi Dr Jacobus de Bruyn Dr Eileen Tay Dr Ian Timms Dr Nel Wijetunga Dr Mark Hurworth

ADRIAN WARNER, Chief Executive Officer, WorkCover WA.

DECEASED ESTATES ZX401

TRUSTEES ACT 1962 DECEASED ESTATES

Notice to Creditors and Claimants Gertrude Leah Algitha Fitzgibbon, late of Clarence Estate, Hardie Road, Albany, Western Australia, Widow. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in respect of the estate of the deceased, who died on 11 August 2008, are required by the trustee of the

5664 GOVERNMENT GAZETTE, WA 30 December 2008

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late Gertrude Leah Algitha Fitzgibbon of c/- Haynes Robinson Solicitors of 70-74 Frederick Street, Albany, Western Australia to send particulars of their claims to them within one (1) month from the date of publication of this notice, after which date the trustee may convey or distribute the assets, having regard only to the claims of which it then has notice. Dated this 23rd day of December 2008.

HAYNES ROBINSON.

———————————

ZX402 TRUSTEES ACT 1962 DECEASED ESTATES

Notice to Creditors and Claimants Alma Kiely Walter, late of Clarence Estate, Hardie Road, Albany, Western Australia, Retired. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in respect of the estate of the deceased, who died on 4 August 2008, are required by the trustee of the late Alma Kiely Walter of c/- Haynes Robinson Solicitors of 70-74 Frederick Street, Albany, Western Australia to send particulars of their claims to them within one (1) month from the date of publication of this notice, after which date the trustee may convey or distribute the assets, having regard only to the claims of which it then has notice. Dated this 23rd day of December 2008.

HAYNES ROBINSON.

———————————

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30 December 2008 GOVERNMENT GAZETTE, WA 5665

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Order your Bound Volumes of Government Gazette 2009

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5666 GOVERNMENT GAZETTE, WA 30 December 2008