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RURAL BUSINESS DEVELOPMENT CORPORATION ACT 2000 - SCHEDULE 2

[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        repealed Act Corporation means the body corporate preserved and continued by section 4(1) of the repealed Act;

        repealed Act member means a person holding office as a member of the repealed Act Corporation under section 6(1) of the repealed Act immediately before the commencement of this Act.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            (b)         a reference construed under section 55 of the repealed Act as a reference to the Corporation by its former name,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         Repealed Act members to go out of office

                A repealed Act member goes out of office on the commencement of this Act but, subject to this Act, is eligible to be appointed under section 12 as a director of the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         Chief executive officer of repealed Act Corporation continues in office

                The person holding office as the chief executive officer of the repealed Act Corporation immediately before the commencement of this Act continues to hold office on and after that commencement as if the person had been appointed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            (a)         the accounts referred to in section 16(1) of the repealed Act (the repealed Act accounts ); or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.

9 .         Transitional regulations

        (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).]



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