Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 78(3)]
1 . Terms used in this Schedule
In this
Schedule —
commencement means the commencement of this Act;
the former Board means The Architects’ Board
of Western Australia established under the repealed Act;
the new Board means Architects Board of Western
Australia established under this Act;
the repealed Act means the Architects
Act 1921 .
2 . Interpretation Act 1984 not affected
The provisions of this
Schedule do not prejudice or affect the application of the
Interpretation Act 1984 to and in relation to the repeal effected by
section 78(1).
3 . Board (body corporate) continues
(1) The new Board is
the same entity as, and a continuation of, the former Board, and the rights
and liabilities of or in relation to the former Board continue as rights and
liabilities of or in relation to the new Board.
(2) If in a written
law or other document or instrument there is —
(a) a
reference to the former Board; or
(b) a
reference that is read and construed as a reference to the former Board,
the reference may,
where the context so requires, be read as if it had been amended to be a
reference to the new Board.
(3) If in a written
law or other document or instrument there is —
(a) a
reference to the chairman or member of the former Board; or
(b) a
reference that is read and construed as a reference to the chairman or a
member of the former Board,
the reference may,
where the context so requires, be read as if it had been amended to be a
reference to the chairperson or a member of the new Board.
(1) The persons who,
immediately before commencement, were members of the former Board go out of
office as members of the Board on commencement.
(2) Despite
Schedule 1 clause 1(1)(a), in the case of the first
4 members of the new Board appointed under
section 7(1)(a) —
(a) 2
members are to be appointed to hold office for 2 years; and
(b) 2
members are to be appointed to hold office for 1 year.
(3) Despite
Schedule 1 clause 1(1)(a), in the case of the first
2 members of the new Board appointed under
section 7(1)(b) —
(a) one
member is to be appointed to hold office for 2 years; and
(b) one
member is to be appointed to hold office for 1 year.
(4) Despite
section 7(1)(b), the Minister is to appoint the first 2 members of
the new Board under that paragraph from at least 4 nominations of the Royal
Australian Institute of Architects (WA Chapter) and section 7(4) applies
as if that body were prescribed by the regulations for the purposes of
section 7(1)(b).
(5) Despite
Schedule 1 clause 1(1)(b), in the case of the first
4 members of the new Board to be elected under
section 7(1)(c) —
(a) 2
members are to be elected to hold office for 2 years; and
(b) 2
members are to be elected to hold office for 1 year.
(6) Despite the repeal
effected by section 78(1), the First Schedule to the repealed Act
continues to have effect for the purposes of the first election of members of
the new Board under section 7(1)(c) and, for that purpose, references in
that Schedule to “the Board” are to be regarded as references to
the first 4 members of the new Board appointed under section 7(1)(a)
and the first 2 members of the new Board appointed under
section 7(1)(b).
(1) The registrar of
the former Board who held office immediately before commencement continues in
office, under and subject to this Act, as the registrar of the new Board.
(2) The other officers
of the former Board who held office immediately before commencement continue
in office, under and subject to this Act, as officers of the new Board.
(3) A person mentioned
in subclause (1) or (2) is to be regarded as having been employed or
engaged, as is relevant to the terms of the person’s appointment, under
this Act.
(4) Except as
otherwise agreed by a person mentioned in subclause (1) or (2), the
remuneration, existing or accrued rights, rights under a superannuation scheme
or continuity of service of the person are not affected, prejudiced or
interrupted by the operation of subclause (1) or (2) or the repeal
of the Architects Act 1921 .
(5) The rights under a
superannuation scheme of a person who was a registrar or officer of the former
Board are not affected, prejudiced or interrupted by the repeal of the
Architects Act 1921 .
6 . Persons registered under repealed Act
(1) The registration
of a natural person who immediately before commencement was registered under
the repealed Act continues, under and subject to this Act, as a registration
under this Act —
(a)
until 31 December in the year of commencement or for a longer period that
is prescribed by the regulations; and
(b) on
the same terms as applied under the repealed Act to the registration.
(2) A person mentioned
in subclause (1) is to be regarded as having been registered under this
Act.
(3) The registration
of a corporation that immediately before commencement was registered under the
repealed Act continues, under and subject to this Act, as a licence under this
Act —
(a)
until 31 December in the year of commencement or for a longer period that
is prescribed by the regulations; and
(b) on
the same terms as applied under the repealed Act to the registration.
(4) A corporation
mentioned in subclause (3) is to be regarded as having been licensed
under this Act.
The register under the
repealed Act as it exists immediately before commencement continues, under and
subject to this Act, as the register under this Act.
8 . Certificates under repealed Act
(1) A certificate of
registration that was issued under the repealed Act to a natural person and
that is in effect immediately before commencement continues, under and subject
to this Act, as a certificate of registration for the purposes of this Act and
has effect until 31 December in the year of commencement or for a longer
period that is prescribed by the regulations.
(2) A certificate of
registration that was issued under the repealed Act to a corporation and that
is in effect immediately before commencement continues, under and subject to
this Act, as a licence document for the purposes of this Act and has effect
until 31 December in the year of commencement or for a longer period that
is prescribed by the regulations.
9 . Transitional provision as to applications for
registration
(1) An application by
a natural person for registration under the repealed Act that is not finalised
before commencement is to be dealt with as if sections 14, 14A, 14C and
15 of the repealed Act had not been repealed by this Act.
(2) An application by
a corporation for registration under the repealed Act that is not finalised
before commencement is to be dealt with as if the application had been made
under section 33(1) for the grant of a licence to the corporation.
(1) In its first
annual report under section 28 the new Board is also to report on the
proceedings of the former Board for the period from 1 January in the
preceding year to commencement.
(2) Subclause (1)
does not apply to the extent that the former Board has reported under
section 35 of the repealed Act on those proceedings.
11 . Powers in relation to transitional provisions
If there is no
sufficient provision in this Schedule for dealing with a transitional matter
the Governor may make regulations prescribing all matters that are required,
necessary or convenient to be prescribed in relation to that matter.