Western Australian Consolidated Acts Western Australian Consolidated Acts (1) There is hereby
established a body corporate to be called the Gold Corporation.
(2) Gold
Corporation —
(a)
under its corporate name has perpetual succession and a common seal;
(b) is
capable of suing and being sued in its corporate name;
(c) has
the functions conferred or assigned by this Act; and
(d)
subject to this Act —
(i)
is capable of doing and suffering all such acts and
things as bodies corporate may lawfully do and suffer; and
(ii)
has the legal capacity, and the rights, the powers and
the privileges, of a natural person in so far as they are attributed to a
public company registered under the Corporations Act.
(3) Gold Corporation
is an agent of the Crown in right of the State and enjoys the status,
immunities and privileges of the Crown, except as otherwise prescribed.
(4) Where the Board
considers that to trade under its corporate name would not be appropriate,
Gold Corporation may use, and operate any of its business under, an
abbreviation or adaptation of its corporate name, or a trading name, which is
approved by the Minister.
(5) Notwithstanding
any exemption or immunity that may otherwise exist, Gold Corporation shall be
liable for and shall pay all land tax, metropolitan region improvement tax,
water charges, pay-roll tax, duty under the Duties Act 2008 (subject to
section 16(9)), and all other taxes, fees and charges imposed by the
Government, its instrumentalities or agencies.
(6) No local
government rate or charge is to be imposed or levied on any land vested in, or
the care, control and management of which are placed with, Gold Corporation,
if that land is used or reserved exclusively for the purpose of providing
works, undertakings or facilities necessary to the performance of the
functions of Gold Corporation.
(7) Gold Corporation
is to pay to the Treasurer for the benefit of the Consolidated Account in
respect of a financial year a sum equal to the amount of any local government
rate or charge that, but for subsection (6), Gold Corporation would have
been liable to pay in respect of that financial year.
(8) Amounts payable
under subsection (7) —
(a) are
to be determined in accordance with the principles; and
(b) are
to be paid at the time or times,
that the Treasurer may
direct.
[Section 4 amended by No. 5 of 1988
s. 4; No. 10 of 1990 s. 6 and 9; No. 73 of 1994 s. 4;
No. 20 of 2003 s. 26; No. 70 of 2003 s. 28; No. 77 of
2006 s. 4; No. 12 of 2008 s. 52.]