Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 47]
[Heading amended by No. 19 of 2010
s. 4.]
1 . Rural Housing (Assistance) Act 1976
repealed
The
Rural Housing (Assistance) Act 1976 is repealed.
2 . Industrial and Commercial Employees’
Housing Act 1973 repealed
The
Industrial and Commercial Employees’ Housing Act 1973 is repealed.
In this Schedule,
unless the contrary intention appears —
commencement day means the day on which the
Country Housing Act 1998 comes into operation;
former authority means the Rural Housing Authority
established by section 5 of the repealed Act;
industrial housing authority means the Industrial
and Commercial Employees’ Housing Authority established by
section 8 of the Industrial Housing Act;
Industrial Housing Act means the Act repealed by
clause 2;
liability includes any obligation, claim or
demand, present or future, certain or contingent, ascertained or sounding only
in damages;
property means any legal or equitable estate or
interest (whether present or future and whether vested or contingent) in real
or personal property of any description and includes things in action and a
power of disposition over property;
repealed Act means the Act repealed by
clause 1;
State Housing Commission means the State Housing
Commission preserved and continued by the Housing Act 1980 .
4 . Assets, liabilities etc. of former authority
etc. to vest in Authority
(1) Subject to
clause 5, on the commencement day —
(a) any
property, whether within or outside the State, which was vested in the former
authority or, to which the former authority was entitled immediately before
that day vests in the Authority together with all claims, rights and remedies
that the former authority then had in respect of the property; and
(b) any
property, whether within or outside the State, which was vested in the
industrial housing authority or, to which the industrial housing authority was
entitled immediately before that day vests in the Authority together with all
claims, rights and remedies that the industrial housing authority then had in
respect of the property; and
(c) the
Authority becomes liable to pay, bear or discharge all the liabilities of the
former authority and the industrial housing authority that are properly
payable; and
(d) the
Authority is to take delivery of all registers, papers, documents, minutes,
receipts, books of account and other records (however compiled, recorded or
stored) relating to the operations of the former authority and the industrial
housing authority.
(2) Anything commenced
by the former authority or the industrial housing authority before the
commencement day may be continued by the Authority, so far as it is authorised
by this Act.
5 . Beneficial interest in Keystart Trust
(1) On the
commencement day —
(a) the
beneficial interest of the industrial housing authority as capital beneficiary
under the Trust Deed for the Keystart Housing Scheme Trust vests in the State
Housing Commission together with all claims, rights, remedies and liabilities
that the industrial housing authority then had in respect of that interest;
and
(b) the
State Housing Commission is to take delivery of all registers, papers,
documents, minutes, receipts, books of account and other records (however
compiled, recorded or stored) of the industrial housing authority so far as
the records relate to that beneficial interest.
(2) In this
clause —
Keystart Housing Scheme Trust means the trust
created by a deed of trust known as the “Keystart Trust Deed”
dated 5 April 1989 as amended.
6 . Industrial housing houses, management and
disposal of
(1) Despite the repeal
of the Industrial Housing Act, for a period of 5 years from the
commencement day the Authority may, in respect of industrial housing houses
(in addition to its powers under this Act) exercise the powers of the
industrial housing authority as set out in section 18 of the Industrial
Housing Act.
(2) At the expiration
of 5 years from the commencement day the Ministers shall by order
published in the Gazette allocate to the State Housing Commission any
industrial housing house properties held by the Authority and the liabilities
of the Authority relating to those properties.
(3) An order under
subclause (2) is to include a sufficient description to enable the
property and liabilities to be identified.
(4) On the publication
of an order under subclause (2) —
(a) the
property to which the order relates vests in the State Housing Commission
together with all claims, rights and remedies that the Authority had in
respect of the property; and
(b) the
State Housing Commission becomes liable to pay, bear or discharge all the
liabilities that are allocated under the order; and
(c) the
State Housing Commission is to take delivery of all registers, papers,
documents, minutes, receipts, books of account and other records (however
compiled, recorded or stored) relating to the operations of the Authority so
far as the records relate to property or liabilities under the order.
(5) The price of the
property is to be the agreed value of the property.
(6) Any amount owing
by the State Housing Commission to the Authority by operation of this clause
is payable by the State Housing Commission on demand by the Authority.
(7) In this
clause —
agreed value means an amount agreed by the
Authority and the State Housing Commission and in default of such agreement an
amount determined by the Ministers;
industrial housing house means a dwelling-house
situated on land which vests in the Authority under clause 4(1)(b);
Ministers means the Ministers to whom the
administration of this Act and the Housing Act 1980 are respectively
committed by the Governor, acting jointly.
7 . Agreements and instruments
Subject to
clause 5, any agreement or instrument subsisting immediately before the
commencement day —
(a) to
which the former authority or the industrial housing authority was a party; or
(b)
which contains a reference to the former authority or to the industrial
housing authority,
has effect after that
day as if —
(c) the
Authority were substituted for the former authority or the industrial housing
authority, as the case requires, as a party to the agreement or instrument;
and
(d) any
reference in the agreement or instrument to the former authority or to the
industrial housing authority were (unless the context otherwise requires) a
reference to the Authority.
(1) The Registrar of
Titles, the Registrar of Deeds, the Ministers respectively administering the
Land Administration Act 1997 and the Mining Act 1978 , and any other
person authorised by a written law to record and give effect to the
registration of documents relating to transactions affecting any estate or
interest in land or other property, are to take note of the provisions of this
Schedule and are empowered to record and register in the appropriate manner
such of those documents as are necessary to give effect to this Schedule.
(2) Without limiting
subclause (1) a statement in an instrument executed by the Authority that
any estate or interest in land or other property has become vested in it under
this Schedule is evidence of that fact.
[Clause 8 amended by No. 60 of 2006
s. 130.]
(1) On the
commencement day the Fund under section 10 of the repealed Act is to be
closed and the moneys placed to the credit of the Fund.
(2) On the
commencement day the Fund under section 24 of the Industrial Housing Act
is to be closed and the moneys placed to the credit of the Fund.
10 . Saving status of certain institutions
An institution or body
appointed to be an approved lending institution under the repealed Act is to
be taken to be an approved lender for the purposes of this Act as if the
institution or body were approved by the Minister under section 30.
11 . Validation of certain acts
No act or proceeding
of the industrial housing authority before the commencement day is invalidated
or prejudiced by reason only that at any time the industrial housing authority
was not properly constituted, and effect is to be given to any such act or
proceeding as if the industrial housing authority had been properly
constituted.
12 . Guarantees and indemnities under repealed Act
(1) The repeal of the
repealed Act does not affect any guarantee or indemnity under section 12
of that Act as in force immediately before the commencement day.
(2) Section 35
applies to a guarantee or indemnity referred to in subclause (1) as if it
were an indemnity under section 34.
A reference in any
other written law or a document executed before the commencement day to a
guarantee by the Treasurer under section 12 of the repealed Act as in
force before the commencement day is to be construed, unless the context
otherwise requires, as if that reference were a reference to an indemnity by
the Treasurer under section 34(1) of this Act.
14 . Annual report for part of a year
(1) The
“accountable authority”, within the meaning in the
Financial Administration and Audit Act 1985 5 , of each of the
former authority and the industrial housing authority is to report as required
by section 66 of that Act, but limited to the period from 1 July
preceding the commencement day to the commencement day, and Division 14
of Part II of that Act applies as if that period were a full financial year.
(2) The former
authority and the industrial housing authority and each of their accountable
authorities as constituted immediately before the commencement day continue in
existence for the purpose of subclause (1) and for that purpose only.
(3) The Authority is
to arrange for the provision of such clerical and other assistance as is
reasonably required for the purpose of subclause (1).
(4) For the purposes
of Division 14 of Part II of the Financial Administration and Audit
Act 1985 5 the period from the commencement day to the succeeding
30 June is to be regarded as a full financial year of the Authority.
15 . Powers in relation to transitional provisions
(1) If there is no
sufficient provision in this Schedule for any matter or thing necessary or
convenient to give effect to the transition from the repealed Act and the
Industrial Housing Act to this Act the Governor may make that provision by
order published in the Gazette .
(2) If in the opinion
of the Minister an anomaly arises in the carrying out of the provisions of
this Schedule the Governor may, by order published in the Gazette
—
(a)
modify those provisions to remove the anomaly; and
(b) make
such provision as is necessary or expedient to carry out the intention of
those provisions.
(3) An order under
this section may be made so as to have effect from the commencement day.
(4) To the extent that
a provision of any such order has effect on a day that is earlier than the day
of its publication in the Gazette , the provision does not operate so
as —
(a) to
affect, in a manner prejudicial to any person (other than the State) the
rights of that person existing before the day of its publication; or
(b) to
impose liabilities on any person (other than the State) in respect of anything
done or omitted to be done before the day of publication.
(1) In this
clause —
State tax includes stamp duty chargeable under the
Stamp Act 1921 and any other tax, duty, fee, levy or charge under a law
of the State.
(2) State tax is not
payable in relation to —
(a)
anything that occurs by operation of this Schedule; or
(b)
anything done (including a transaction entered into or an instrument or
document of any kind made, executed, lodged or given) under this Schedule, or
to give effect to this Schedule, or for a purpose connected with or arising
out of, giving effect to this Schedule.
[Schedule 3 omitted under the Reprints Act 1984 s. 7(4)(e).]
