Western Australian Consolidated Acts

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WESTERN AUSTRALIAN LAND AUTHORITY ACT 1992 - SECT 35

35 .         Borrowing restrictions

        (1)         The Authority is not to exercise the power conferred by section 34(1)(a) except with, and in accordance with, the Treasurer’s approval.

        (2)         Without limiting subsection (1), the Treasurer’s approval may be given by way of a notice under subsection (3).

        (3)         The Treasurer may, by notice to the Authority, impose monetary limits on the exercise of the power conferred by section 34(1)(a).

        (4)         A monetary limit is to be determined for the exercise of that power in a financial year specified by the Treasurer and may relate to —

            (a)         the total amount that can be outstanding at any one time during that year as a result of the exercise of that power; or

            (b)         the total liabilities that can be incurred during that year as a result of the exercise of that power.

        (5)         A monetary limit for the time being in force may be varied for a subsequent financial year by the Treasurer by a further notice under subsection (3).

        (6)         A monetary limit for the time being in force continues to apply until it is so varied.

        (7)         The Treasurer may, by notice to the Authority, impose other conditions on the exercise of the power conferred by section 34(1)(a) or vary a condition for the time being in force.

        (8)         The Authority must comply with any monetary limit or other condition for the time being in force in relation to it.

        (9)         A liability of the Authority is not unenforceable or in any way affected by a failure of the Authority to comply with this section.

        (10)         No person dealing with the Authority is bound or concerned to enquire whether the Authority has complied or is complying with this section.

        [Section 35 inserted by No. 67 of 2004 s. 35.]



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