Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
section, the functions of the Trust are to undertake the development, control
and management of the reserve before and after the establishment thereon of a
medical centre.
(2) Subject to this
section, the Trust has power to do all things necessary or convenient to be
done for or in connection with, or incidental to, the performance of its
functions and the exercise of its powers under this Act.
(2a) The Trust may by
instrument published in the Gazette set aside, without the consent of the
Governor but with the approval of the Minister, land being the whole or any
part of the reserve (in this section called the site ) for such purposes
incidental to the medical centre as it thinks fit and, subject to this
section, delegate in respect of the site to any person specified in that
instrument (in this section called the delegate ) all or any of its powers
under this Act, other than —
(a) this
power of delegation;
(b) the
power to borrow money conferred on the Trust by subsection (3A); and
(c) the
power to lease, mortgage, charge or otherwise deal with any land forming part
of the reserve conferred on the Trust by subsection (6).
(2b) The Trust shall
not without the prior consent of the person concerned make a delegation under
subsection (2a) to that person or amend such a delegation.
(2c) Every instrument
made under subsection (2a) and every instrument amending or revoking the
delegation concerned shall come into operation on the day specified therein,
not being a day prior to the day on which that instrument is published in the
Gazette .
(2d) Notwithstanding
that the Trust has, under subsection (2a), delegated any powers referred
to in that subsection in respect of the site, the Trust may give directions
with respect to any development of the site which the delegate proposes to
undertake in the exercise of any power delegated under that subsection, and
the delegate shall give effect to any such direction.
(2e) Whilst a setting
aside and delegation under subsection (2a) are in force, the
delegate —
(a)
shall for the purposes for which the site was set aside have all the powers
delegated to the delegate under that subsection in respect of the site as if
those powers had been conferred on the delegate by this Act; and
(b) if
the delegate has power under another Act to make regulations or by-laws, may
with the approval of the Governor given on the recommendation of the Trust
make regulations or by-laws, as the case requires, under this subsection in
respect of the site for all or any of the purposes for which the Trust may
under section 20 make by-laws, including prescribing a fee for the use of
the site for the purpose specified in the relevant instrument of delegation,
as if references in that section to the Trust were references to the delegate,
and section 20 shall apply to regulations or by-laws made under this
subsection as if those regulations or by-laws were by-laws made under that
section.
(2f) The delegate may
require any person using the site to pay to the delegate a fee for any service
provided on or in respect of the site by the delegate under any power
delegated under subsection (2a).
(2g) The delegate
shall pay any moneys —
(a)
derived from the development, control and management of any land in respect of
which the delegate exercises powers delegated under subsection (2a),
including any moneys received in respect of penalties or modified penalties;
(b)
received by way of fees paid —
(i)
under regulations or by-laws made under
subsection (2e)(b); or
(ii)
in compliance with a requirement made under
subsection (2f);
(c)
granted or lent to the delegate under subsection (2k);
(d) if
the delegate is the board of the Sir Charles Gairdner Hospital, deemed to have
been paid lawfully to or received lawfully by that board by virtue of
section 9(1) of the Queen Elizabeth II Medical Centre Amendment
Act 1985 2 and not applied within the meaning of
section 9(2)(b) of that Act; or
(e)
other than moneys referred to in paragraphs (a), (b), (c) or (d),
lawfully received by, made available to or payable to the delegate,
into an account opened
and maintained by the delegate in the name of the delegate followed by
“(as delegate of The Queen Elizabeth II Medical Centre Trust)” at
a bank approved by the Treasurer, and may invest temporarily any moneys
standing to the credit of that account in such manner and in such categories
of investment as are approved by the Treasurer until those moneys are required
for use in accordance with subsection (2h).
(2h) The delegate may
use any moneys in the account maintained under subsection (2g), including
interest derived from the investment of moneys under that
subsection —
(a) for
the development, control and management of the site for any purpose for which
the site was set aside;
(b) in
the exercise of any power delegated to it under subsection (2a); or
(c) for
the repayment of any moneys lent to the delegate under subsection (2k)
and for the payment of any interest or charges payable in respect of that
lending.
(2i) The delegate
shall as soon as possible after 30 June in each year furnish to the
Trust —
(a) a
report relating to the exercise during the year ended on that date by the
delegate of the powers delegated to or conferred on the delegate by the Trust
or by this section, as the case requires; and
(b) such
accounts, duly audited, as the Trust requires.
(2j) For the purposes
of subsections (2a) to (2h), a reference to a purpose shall be construed
as including anything that is incidental to that purpose.
(2k) The Trust may for
the purpose of enabling the exercise of any power delegated under
subsection (2a) make a grant of, or lend, moneys to the delegate on such
terms and conditions as it thinks fit.
(2l) On the revocation
of a delegation made under subsection (2a) —
(a) all
personal property and every right or interest therein that immediately before
that revocation was vested in the person to whom that delegation was made (in
this subsection called the former delegate ) in his capacity as the former
delegate shall without any transfer or assignment pass to and become vested in
the Trust;
(b) all
rights, liabilities and obligations of the former delegate in his capacity as
the former delegate that were in existence immediately before that revocation
shall devolve on the Trust;
(c) all
contracts, agreements and undertakings made by and with the former delegate in
his capacity as the former delegate and having effect immediately before that
revocation shall have effect as contracts, agreements and undertakings made by
and with the Trust and may be enforced by or against the Trust accordingly;
(d) any
legal or other proceedings or any remedies that might, but for that
revocation, have been commenced or continued or available by or against or to
the former delegate in his capacity as the former delegate may be commenced or
continued, or shall be available, by or against or to the Trust, as the case
requires; and
(e) a
reference to the former delegate in his capacity as the former delegate
in —
(i)
a written law in force; or
(ii)
a document in existence,
immediately before
that revocation shall for the purposes of this subsection be construed as a
reference to the Trust.
(2m) The funds
available for the purpose of enabling the Trust to perform its functions under
this Act consist of —
(a) all
moneys received by the Trust from performing those functions;
(b) all
moneys borrowed by the Trust under subsection (3A);
(c) the
sums and funds referred to in subsection (5);
(d) the
proceeds, and the income from any investment of the proceeds, referred to in
subsection (7);
(e) any
rents derived from land leased by the Trust; and
(f) any
other moneys lawfully received by, made available to or payable to the Trust.
(2n) The funds
referred to in subsection (2m) shall be paid into and placed to the
credit of an account at a bank approved by the Treasurer to be known as the
Queen Elizabeth II Medical Centre Trust Account.
(2o) There shall be
paid from the moneys from time to time in the account referred to in
subsection (2n) —
(a)
interest on and repayments of money borrowed by the Trust under
subsection (3A);
(b)
grants or loans of moneys made under subsection (2k); and
(c) all
other expenditure lawfully incurred by the Trust in the performance of its
functions under this Act.
(3A) The Trust is
empowered with the approval of the Governor to borrow money on such terms and
conditions as the Treasurer approves for the purposes of giving effect to this
Act.
(3B) The Treasurer on
behalf of the State is authorised to guarantee, on such terms and conditions
as he thinks fit, repayment of any money borrowed by the Trust under
subsection (3A) and the payment of interest thereon.
(4) The Treasurer
shall cause any money required for fulfilling any guarantee given by him
pursuant to this section, to be charged to the Consolidated Account which is
hereby to the necessary extent appropriated accordingly, and the Treasurer
shall cause any sums received or recovered by him from the Trust or otherwise
in respect of a sum so charged by the Treasurer to be credited to the
Consolidated Account.
(5) The Trust is
empowered to employ in developing, controlling and managing the reserve any
sums provided for those purposes by Parliament and any funds arising from
profits, fees, penalties or otherwise, coming to the hands of the Trust in the
course of developing, controlling and managing the reserve.
(6) Subject to
subsection (2a), the Trust shall not sell or, without the consent of the
Governor, lease, mortgage, charge or otherwise deal with any land forming part
of the reserve, but may, with such consent, from time to time, lease for a
term not exceeding 99 years, mortgage, charge or grant easements over or
under, any part of the reserve.
(7) The
Trust —
(a) may
accept any gift, devise or bequest of any property and may, subject to any
trusts relating thereto apply the proceeds of the property in such manner as
the Trust thinks fit in or towards the improvement of the medical centre or
the extension of the objects for which it is established; or
(b) may
invest the proceeds as trust funds may be invested under Part III of the
Trustees Act 1962 , and the income of the investments shall be
appropriated and used for the purposes of the medical centre.
[Section 13 amended by No. 59 of 1985
s. 4; No. 98 of 1985 s. 3; No. 6 of 1993 s. 11;
No. 49 of 1996 s. 64; No. 1 of 1997 s. 18; No. 77 of
2006 s. 4; No. 19 of 2010 s. 51.]