Western Australian Consolidated Acts Western Australian Consolidated Acts[section 43]
(1) On the repeal of
the Goldfields-Esperance Development Authority Act 1990 by
section 5(3) of this Act —
(a) the
Goldfields-Esperance Development Commission (the new body ) is the successor
to the Goldfields-Esperance Development Authority (the existing body ); and
(b) the
person who, immediately before the repeal of that Act, held the position of
Director of the existing body under section 15(1) of that Act, other than
in an acting capacity, is to be taken to have been appointed as Director of
the new body under section 27(1) of this Act.
(2) On the repeal of
the Great Southern Development Authority Act 1987 by section 6(3) of
this Act, the Great Southern Development Commission (the new body ) is the
successor to the Great Southern Development Authority (the existing body ).
(3) On the repeal of
the Geraldton Mid-West Development Authority Act 1988 by
section 8(3) of this Act —
(a) the
Mid West Development Commission (the new body ) is the successor to the
Geraldton Mid-West Development Authority (the existing body ); and
(b) the
person who, immediately before the repeal of that Act, held the position of
Director of the existing body under section 14(1) of that Act, other than
in an acting capacity, is to be taken to have been appointed as Director of
the new body under section 27(1) of this Act.
(4) On the repeal of
the Pilbara Development Commission Act 1992 by section 10(3) of this
Act, the Pilbara Development Commission (the new body ) is the successor to
the Pilbara Development Commission (the existing body ) as established by that
Act.
(5) On the repeal of
the South West Development Authority Act 1984 by section 11(3) of
this Act —
(a) the
South West Development Commission (the new body ) is the successor to the
South West Development Authority (the existing body ); and
(b) the
person who, immediately before the repeal of that Act, held the position of
Executive Director of the existing body under section 17(1) of that Act,
other than in an acting capacity, is to be taken to have been appointed as
Director of the new body under section 27(1) of this Act.
Without limiting
section 39, on the repeal of a repealed Act —
(a) all
property and every right or interest in property that immediately before that
repeal was vested in an existing body passes to and becomes vested in the new
body;
(b) all
rights, liabilities and obligations of an existing body that were in existence
immediately before that repeal devolve on the new body;
(c) all
contracts, agreements and undertakings made by and with an existing body and
having effect immediately before that repeal have effect as contracts,
agreements and undertakings made by and with the new body, and may be enforced
by or against the new body accordingly; and
(d) any
legal or other proceedings or any remedies that might, but for this clause,
have been commenced or continued or available by or against or to the existing
body may be commenced or continued, or are available, by or against or to the
new body, as the case may be.
On the repeal of a
repealed Act, moneys standing to the credit of an Account established under
that repealed Act are moneys standing to the credit of the corresponding
Account established by section 31(2) of this Act.
4 . References to repealed legislation
A reference in a
document executed before the repeal of a repealed Act to that Act or a
provision of that Act is to be construed, unless the context otherwise
requires, as if that reference had been amended to a reference to this Act or
to the corresponding provision of this Act, as the case may be.
5 . References to existing body
A reference in a
document executed before the repeal of a repealed Act to an existing body is
to be construed, unless the context otherwise requires, as if that reference
had been amended to a reference to the corresponding new body.
6. Annual report by existing bodies
(1) On the repeal of a
repealed Act, the accountable authority, within the meaning in the
Financial Administration and Audit Act 1985 , of an existing body is to
report in respect of the existing body, as required by section 66 of that
Act, for the period from the preceding 1 July to the time of the repeal,
and Division 14 of Part II of that Act applies as if that period
were a full financial year.
(2) An existing body
and its accountable authority as constituted under a repealed Act continues in
existence for the purpose of subclause (1) and for that purpose only.
(3) A new body is to
arrange for the provision of such clerical and other assistance to an existing
body as is reasonably required for the purpose of subclause (1).
[Schedule 4 omitted under the Reprints Act 1984 s. 7(4)(e).]