Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The General
Assembly may resolve that any mission or institution of the Church shall be
separately incorporated according to law in such manner and subject to such
conditions, restrictions, limitations and provisions as the General Assembly
may by resolution determine.
(2) Subject to
this Act, on the date on which a mission or institution becomes so
separately incorporated —
(a) the
whole of the real and personal property that immediately before that date was
exclusively used in the work and activities of the mission or institution,
including all such real and personal property as was then held by the
Commissioners upon trust for that mission or institution, and all contractual
rights and benefits then existing that relate to the mission or institution,
are hereby vested in the mission or institution in its corporate name, subject
to all easements, encumbrances, rights, trusts and equities, affecting the
same; and
(b) all
debts, liabilities and obligations of every class or kind existing at that
date that relate to the mission or institution by force of this section and
without any transfer or assignment, shall be taken over by the mission or
institution as so incorporated, and the mission or institution shall indemnify
and at all times after that date keep indemnified the Commissioners and all
persons who prior to that date were liable for those debts, liabilities and
obligations.
(3) Subject to this
Act and to all easements, encumbrances, trusts and equities affecting the
same, each mission or institution incorporated as provided in this section,
shall hold in its corporate name —
(a) all
real and personal property, rights and benefits that are acquired by it after
it so incorporated; and
(b) all
real and personal property given to the Commissioners in trust for the mission
or institution after it is so incorporated.
(4) Notwithstanding
the operation and effect of the foregoing provisions of this section on any
mission or institution, any mission or institution incorporated as therein
provided, shall continue to be a mission or institution of the said Church and
shall be subject to the provisions of section 20 of the Presbyterian
Church Act 1908 .
(5) Every transfer,
conveyance, assignment, application, deed and instrument that may be necessary
for the purpose of effectually vesting the real and personal property, rights
and benefits referred to in subsection (2) in the corporate name of a
mission or institution incorporated as provided in this section shall be free
from all —
(a) duty
imposed by the Duties Act 2008 ; and
(b) fees
that, but for this subsection, would be payable in respect thereof under the
Transfer of Land Act 1893 .
(6) Where an
institution is separately incorporated pursuant to this section, if the
institution is a school or college all vacant land held by the institution and
all land so held that is used exclusively or mainly for the purposes of the
school or college is not rateable land under the provisions of the
Local Government Act 1995 or the Metropolitan Water Supply, Sewerage,
and Drainage Act 1909 and is exempt from land tax imposed by the
Land Tax Act 2002 .
[Section 21 inserted by No. 19 of 1964
s. 8; amended by No. 14 of 1996 s. 4; No. 45 of 2002
s. 20; No. 12 of 2008 s. 52.]