Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 50]
[Heading amended by No. 19 of 2010
s. 4.]
1 . Terms used in this Schedule
In this
Schedule —
commencement means the commencement of this Act;
the Board means the Rottnest Island Board
appointed by the Governor under subsection (1) of section 3 of the
Parks and Reserves Act 1895 and constituted a body corporate under
subsection (4) of that section.
The Board is
dissolved.
(1) On the
commencement —
(a) all
rights, property and assets that were, immediately before the commencement,
vested in, under the control of, or standing to the credit of the Board are,
by force of this clause, vested in the Authority;
(b) the
Authority becomes, by force of this clause, liable to pay, bear or discharge
all the debts, liabilities and obligations of the Board that existed
immediately before the commencement;
(c) the
Authority shall take delivery of all papers, documents, minutes, receipts,
books of account and other records (however compiled, recorded or stored)
relating to the operations of the Board;
(d) any
proceedings that immediately before the commencement might have been brought
or continued by or against the Board may be brought or continued by or against
the Authority;
(e)
anything lawfully commenced by the Board may, so far as it is not contrary to
this Act, be carried on and completed by the Authority.
(2) The liability of
the Authority under subclause (1)(b) to discharge all obligations of the
Board has effect notwithstanding section 12(2).
4 . Agreements and instruments
Any agreement or
instrument subsisting immediately before the commencement to which the Board
was a party or which contains a reference to the Board, has effect after the
commencement as if —
(a) the
Authority were substituted for the Board as a party to the agreement or
instrument; and
(b) any
reference in the agreement or instrument to the Board were (unless the context
otherwise requires) a reference to the Authority.
5 . References to the Board in any law
References to the
Board in an enactment as in force immediately before the commencement shall,
unless because of the context it would be inappropriate so to do, be read and
construed as references to the Authority.
6 . Staff not under Public Service Act 1978
All persons who were
employed by the Board immediately before the commencement, not being persons
subject to the Public Service Act 1978 4 , are deemed to have been
engaged by the Authority under section 26(2) on the same terms and
conditions, including the salary payable, as those on which they were employed
immediately before the commencement.
A person who
immediately before the commencement was a ranger appointed by the Board under
section 7 of the Parks and Reserves Act 1895 is deemed to have been
designated as a ranger under section 28.
8 . Annual reports for part of a year
(1) The Board shall
report as required by section 66 of the Financial Administration and
Audit Act 1985 5 , but limited to the period from 1 July 1987
to the date of the commencement of this Act, and Division 14 of Part II
of that Act shall apply as if that period were a financial year of the
Board.
(2) Notwithstanding
clause 2, the Board shall continue in existence for the purposes of
subclause (1) and shall be entitled to receive from the Authority and its
officers such assistance as it may require for that purpose.
(3) For the purposes
of Division 14 of Part II of the Financial Administration and Audit
Act 1985 5 , the period from the commencement of this Act to the
succeeding 30 June shall be deemed to be a full financial year of the
Authority.
[Schedule 3 omitted under the Reprints Act 1984 s. 7(4)(e).]