Western Australian Consolidated Acts[s. 43]
1 . Terms used in this Schedule
In this
Schedule —
repealed Act Corporation means the body corporate
preserved and continued by section 4(1) of the repealed Act;
repealed Act member means a person holding office
as a member of the repealed Act Corporation under section 6(1) of the
repealed Act immediately before the commencement of this Act.
2 . Interpretation Act to apply
This Schedule does not
limit the operation of the Interpretation Act 1984 .
3 . References to the Corporation under its former
name in laws and documents
(1) In this
clause —
former name means “Rural Adjustment and
Finance Corporation of Western Australia”;
new name means “Rural Business Development
Corporation”.
(2) If in a written
law or in any agreement, instrument or other document there is —
(a) a
reference to the Corporation by its former name; or
(b) a
reference construed under section 55 of the repealed Act as a reference
to the Corporation by its former name,
that reference is,
unless the context otherwise requires, to be read, or have effect, on and
after the commencement of this Act, as if it were a reference to the
Corporation by its new name.
(3) Subclause (2) does
not limit section 5(2).
4 . Repealed Act members to go out of office
A repealed Act member
goes out of office on the commencement of this Act but, subject to this Act,
is eligible to be appointed under section 12 as a director of the
Corporation.
5 . Chief executive officer of repealed Act
Corporation continues in office
The person holding
office as the chief executive officer of the repealed Act Corporation
immediately before the commencement of this Act continues to hold office on
and after that commencement as if the person had been appointed under section
19.
6 . Certain funds to be transferred to Rural
Business Development Corporation Operating Account
(1) On the
commencement of this Act, any funds standing to the credit of —
(a) the
accounts referred to in section 16(1) of the repealed Act (the repealed
Act accounts ); or
(b) the
Rural Adjustment and Finance Corporation Administration Account referred to in
section 22 of the repealed Act (the Administration Account ),
are to be credited to
the Rural Business Development Corporation Operating Account referred to in
section 24 of this Act, and the repealed Act accounts and the Administration
Account are then to be closed.
(2) If in any
agreement, instrument or other document there is a reference to a repealed Act
account or the Administration Account, that reference is, unless the context
otherwise requires, to be read, or have effect, on and after the commencement
of this Act, as if it were a reference to the Rural Business Development
Corporation Operating Account.
7 . Applications for assistance under repealed Act
An application for
assistance under section 24 of the repealed Act in respect of which a
final decision has not been made before the commencement of this Act is taken
to be an application for financial assistance under section 32 of this Act.
8 . Grants of assistance under repealed Act
Financial assistance
given under section 24 of the repealed Act under a scheme referred to in
section 5(1)(a) of that Act that is being administered by the repealed
Act Corporation immediately before the commencement of this Act is taken to
have been given under an approved assistance scheme administered by the
Corporation.
(1) If there is no
sufficient provision in this Schedule for dealing with the transition from the
repealed Act to this Act, the Governor may make regulations prescribing all
matters that are required, or are necessary or convenient, for dealing with
that transition.
(2) Regulations made
under subclause (1) may have effect before the day on which they are
published in the Gazette .
(3) To the extent that
a regulation made under subclause (1) may have effect before the day of
its publication in the Gazette , it does not —
(a)
affect in a manner prejudicial to any person (other than the State or the
Corporation) the rights of that person existing before the day of its
publication; or
(b)
impose liabilities on any person (other than the State or the Corporation) in
respect of anything done or omitted to be done before the day of its
publication.
[Schedule 3 omitted under the Reprints Act 1984 s. 7(4)(e).]