Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 40]
[Heading amended by No. 19 of 2010
s. 4.]
1 . Definitions of terms in this Schedule
In this
Schedule —
appointed day means the day fixed by the Minister
pursuant to section 40(1);
Cannington race course means all that land being
portion of Canning Location 5 and being Lot 18 the subject of Diagram 24185
and being part of the land comprised in Certificate of Title Volume 1223 Folio
633 together with the improvements thereon;
the club means the Canning Greyhound Racing
Association (W.A.) (Inc.);
the Society means the Canning Agricultural
Horticultural and Recreational Society (Inc.).
2 . Lease of Cannington race course
(1) On the appointed
day the lease of the Cannington race course by the Society to the club shall,
by force of this subclause, cease and determine.
(2) Without prejudice
to the generality of section 22 the Association may, with effect on and
from the appointed day, lease the Cannington race course from the Society upon
and subject to such terms, covenants, conditions and stipulations as are
agreed to by the Association and the Society.
3 . Termination of licence and permit
On or after the
appointed day a licence or permit —
(a)
issued or deemed to have been issued under Part VI in respect of the
Cannington race course; and
(b) in
force immediately before that day,
shall have no effect.
4 . Transfer of assets, liabilities, obligations
and staff of club
(1) On the appointed
day —
(a) all
rights, property and assets that were, immediately before that day, vested in
the club and were acquired or used by the club in connection with the
operations conducted by it at the Cannington race course, are, by force of
this subclause, vested in the Association; and
(b) the
Association becomes, by force of this subclause, liable to pay and discharge
all the debts, liabilities and obligations of the club that existed
immediately before that day and were incurred by or imposed on the club in
connection with the operations conducted by it at the Cannington race course,
and on and from that
day the Association shall have all powers necessary to enforce such rights,
take possession of, recover and deal with such property and pay and discharge
such debts, liabilities and obligations.
(2) On the appointed
day, or as soon as practicable thereafter, the club shall deliver to the
Association or as the Association may order, all movable property to which
subclause (1)(a) applies and all books, papers, documents, minutes,
receipts and ledgers appertaining to the operations conducted by the club at
the Cannington race course.
(3) Any person who
was, during the period of one year immediately preceding the appointed day, an
office-bearer or employee of the club shall on being required so to do by a
person authorised in that behalf by the Committee, give to that person all
assistance that he is reasonably able to give in connection with any matter
recorded in any book, papers, document, minutes, receipt or ledger referred to
in subclause (2).
Penalty: $1 000.
(4) Subject to
clause 2 any agreement or instrument subsisting immediately before the
appointed day to which the club is a party and which relates to the operations
conducted by the club at the Cannington race course has effect on and after
that day as if —
(a) the
Association were substituted for the club as a party to the agreement or
instrument; and
(b) any
reference in the agreement or instrument to the club were (except in relation
to matters that occurred before that day) a reference to the Association.
(5) Any proceedings
pending immediately before the appointed day to which the club is a party and
which relate to the operations conducted by the club at the Cannington race
course may be continued on or after that day as if the Association was a party
thereto in lieu of the club.
(6) Any question
arising as to whether or not a provision of this clause applies to any
particular right, property, asset, debt, liability, obligation, book, papers,
document, minutes, receipt, ledger, agreement, instrument or proceedings shall
be determined by the Minister and the decision of the Minister is final.
(1) On the appointed
day any person who, immediately before that day, held an office as a salaried
officer of the club or occupied a position as an employee of the club and who
has, before the appointed day, indicated in writing to the Association that he
wishes this subclause to apply to him, shall become the holder of an office as
an officer of the Association or the occupant of a position as an employee of
the Association, as the case may be.
(2) A person who
becomes an officer or employee of the Association pursuant to
subclause (1) shall retain his existing and accruing rights and in
particular his rights in relation to leave and retirement benefits and for the
purpose of determining such rights his service with the Association shall be
regarded as continuous with his service with the club.