Western Australian Consolidated Acts

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STATE SUPPLY COMMISSION ACT 1991 - SCHEDULE 2

[s. 34]

        [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 State Tender Board of Western Australia established under the State Tender Board Act 1965 .

2 .         Assets, liabilities etc.

                On the commencement —

            (a)         all rights, property and assets that were, immediately before the commencement, vested in the Board are, by force of this paragraph, vested in the Commission;

            (b)         the Commission becomes, by force of this paragraph, liable to pay and discharge all the debts, liabilities and obligations of the Board that existed immediately before the commencement;

            (c)         the Commission 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 Commission; and

            (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 Commission.

3 .         Agreements and instruments

                Unless the context indicates otherwise, any agreement or instrument which subsisted immediately before the commencement and to which the Board was a party has effect on and after the commencement as if —

            (a)         the Commission 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 (except in relation to matters that occurred before the commencement) a reference to the Commission.

4 .         Former Board members

                A person who was a member of the Board immediately before the commencement ceases to be a member on the commencement.

5 .         References

                References to the Board and the chairman of the Board in any written law shall, unless because of the context it would be incorrect so to do, be read and construed as references to the Commission and the chairman of the Commission, respectively.

6 .         Interpretation Act 1984 not affected

                The provisions of this Schedule do not prejudice or affect the application of the Interpretation Act 1984 to and in relation to the repeal effected by section 33.

[Schedule 3 omitted under the Reprints Act 1984 s. 7(4)(e).]




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