Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The money arising
from the sale and received by the Corporation shall, notwithstanding the
disability of any person or any statute of limitations, be held by the
Corporation to be applied as follows:
(a)
firstly — in payment of the costs, charges and expenses properly
incurred by the Minister as incidental to the sale or attempted sale or
otherwise;
(b)
secondly — in payment of all moneys owing and referred to in
section 89;
(c)
thirdly — subject to subsection (2), in payment of all unpaid
moneys owing for rates and taxes and any costs or other moneys due to or
imposed by the Crown in right of the State or any department, agency,
instrumentality or branch of Her Majesty’s Government of the State in
respect of the land at the time of the sale;
(d)
fourthly — subject to subsection (3), in payment of all unpaid
rates due or imposed by the local government, in whose district the land is
situated, under the Act, by which it is constituted, or under the
Health Act 1911 ;
(e)
fifthly — in payment of all vendor’s costs and expenses of
and in connection with conferring upon the purchaser a clear title to the
land;
(f)
sixthly — in or towards the discharge of all or any other
mortgages, encumbrances, whether registered or not, according to their
respective priorities, so far as the same can be ascertained by the
Corporation;
(g)
seventhly — subject to subsection (4), in payment of the
residue of the money within 12 months after the receipt thereof to the
person who would, but for the proceedings for sale, be entitled to the land,
or if there be several persons who would be so entitled, then to those persons
in the proportions in which they would be respectively so entitled.
(2) Where the moneys
remaining after the payments provided for in subsection (1)(a) and (b)
have been made are not sufficient for the payment in full of all of the items
mentioned and provided for in subsection (1)(c), such moneys as shall
remain shall be distributed between the Crown, the department, the agency, the
instrumentality and the branch pro rata with the amounts of their claims
respectively, unless the Governor or the Minister controlling the department,
agency, instrumentality or branch, as the case may require, shall consent to
the Crown or the department, agency, instrumentality or branch which the
Minister controls being excluded wholly or partly from the pro rata
distribution.
(3) When land is sold
under this Act and the land is situated in 2 or more local government
districts, the Governor may determine for the purpose of
subsection (1)(d) the proportionate part of the whole of the purchase
price which shall be allocated to that part of the land situated in each
district.
(4) If any person
referred to in subsection (1)(g) is entitled to an estate in reversion or
remainder in the land, the money may be paid in to the Supreme Court under
section 99 of the Trustees Act 1962 , and thereafter the money so
paid into Court shall be subject to the provisions of that Act so far as the
same are applicable; but any petition, claim, suit or action for or in respect
of that money shall be presented within 6 years after payment into the
Supreme Court, and after the expiration of that period, the money then in the
Supreme Court to the credit of the particular trust concerned shall, if there
be no petition, claim, suit or action pending, or any order of the Supreme
Court to the contrary, be paid into and form part of the general revenue of
the State.
[Section 99 amended by No. 66 of 1964
s. 23; No. 25 of 1985 s. 143; No. 6 of 1994 s. 13;
No. 14 of 1995 s. 44; No. 73 of 1995 s. 63; No. 14 of
1996 s. 4; No. 57 of 1997 s. 43(2); No. 19 of 2010
s. 54(2) and (3).]