Western Australian Consolidated Acts Western Australian Consolidated Acts [Heading amended by No. 19 of 2010
s. 41(4).]
In this Schedule,
unless the contrary intention appears —
commencement day means the day on which
section 50 comes into operation;
former body means the Industrial Lands Development
Authority established by the Act repealed by section 50(1)(a) and the
Joondalup Development Corporation provided for by the Act repealed by
section 50(1)(c);
liability includes any obligation, claim or
demand, present or future, certain or contingent, ascertained or sounding only
in damages;
property means any legal or equitable estate or
interest (whether present or future and whether vested or contingent) in real
or personal property of any description and includes things in action and a
power of disposition over property.
(1) All persons who
were employed or engaged by a former body immediately before the commencement
day are to be taken to be employed or engaged by the Authority under
section 11 on the same terms and conditions, including the salary
payable, as those on which they were employed or engaged immediately before
the commencement day.
(2) Subclause (1)
applies to the General Manager holding office immediately before the
commencement day under section 31 of the Act repealed by
section 50(1)(c) but after the commencement day he or she does not by
virtue of that subclause become the chief executive officer of the Authority.
(3) On the publication
of an order under section 51 such persons as the Minister determines who
were employed or engaged immediately before that publication under
section 15 of the Western Australian Development Corporation
Act 1983 5 in performing duties relating exclusively to property
allocated to the Authority under that order are to be taken to have been
employed or engaged by the Authority under section 11 on the same terms
and conditions, including the salary payable, as those on which they were
employed immediately before the publication of the order.
(4) A person to whom
subclause (1) or (3) applies retains all his or her existing and accruing
rights (including rights under the Superannuation and Family Benefits
Act 1938 ) 7 as if his or her employment or engagement under this
Act were a continuation of his or her employment or engagement immediately
before the commencement day.
(5) Nothing in this
clause prevents the exercise by the Authority after the commencement day of
its powers in relation to the management of the staff of the Authority.
3 . Assets, liabilities etc. to vest in Authority
(1) On the
commencement day —
(a) any
property, whether within or outside the State, which was vested in a former
body or, to which a former body was entitled immediately before that day vests
in the Authority together with all claims, rights and remedies that the former
body then had in respect of the property; and
(b) the
Authority becomes liable to pay, bear or discharge all the liabilities of a
former body that are properly payable; and
(c) the
Authority is to take delivery of all registers, papers, documents, minutes,
receipts, books of account and other records (however compiled, recorded or
stored) relating to the operations of a former body.
(2) Anything commenced
by a former body before the commencement day may be continued by the
Authority, so far as it is authorised by this Act.
4 . Agreements and instruments
Any agreement or
instrument subsisting immediately before the commencement
day —
(a) to
which a former body was a party; or
(b)
which contains a reference to a former body,
has effect after that
day as if —
(c) the
Authority were substituted for the former body as a party to the agreement or
instrument; and
(d) any
reference in the agreement or instrument to a former body were (unless the
context otherwise requires) a reference to the Authority.
(1) The Registrar of
Titles, the Registrar of Deeds, the Ministers respectively administering the
Land Administration Act 1997 8 and the Mining Act 1978 , and
any other person authorised by a written law to record and give effect to the
registration of documents relating to transactions affecting any estate or
interest in land or other property, are to take note of the provisions of this
Schedule and section 51 and are empowered to record and register in the
appropriate manner such of those documents as are necessary to give effect to
this Schedule and section 51.
(2) Without limiting
subclause (1) a statement in an instrument executed by the Authority that
any estate or interest in land or other property has become vested in it under
this Schedule or section 51 is evidence of that fact.
On the commencement
day the fund under section 6B of the Industrial Lands Development
Authority Act 1966 and the account under section 41(2) of the
Joondalup Centre Act 1976 are to be closed and the moneys placed to the
credit of the Account referred to in section 31(2).
7 . Particular transitional provisions for
Industrial Lands Development Authority Act 1966
(1) In this clause the
repealed Act means the Industrial Lands Development Authority Act 1966 .
(2) On and after the
commencement day, the matters referred to in subclause (3) continue to be
governed by the repealed Act (except section 14), notwithstanding its
repeal, but —
(a) the
functions under that Act are to be performed, for the purposes of this clause,
by the Authority established under this Act; and
(b)
references in that Act to the Fund are to be read as references to the Account
referred to in section 31(2).
(3) Those matters
are —
(a) land
to which section 7B(1) of the repealed Act applied immediately before the
commencement day other than such land as is freehold land under the
Transfer of Land Act 1893 unless in respect of such last-mentioned
land —
(i)
a memorial remained registered under section 7D(1)
of the repealed Act on the commencement day; or
(ii)
immediately before the commencement day, a caveat under
Part V of the Transfer of Land Act 1893 by the Industrial Lands
Development Authority or its predecessors or the relevant Minister or a caveat
under section 182(iii) of the Transfer of Land Act 1893 by the
Registrar of Titles was in force;
(b) any
memorial that remained registered under section 7D(1) of the repealed Act
on the commencement day in respect of land under the operation of the
Transfer of Land Act 1893 ;
(c) any
injunction or interim injunction granted under section 8 of the repealed
Act and in force immediately before the commencement day;
(d) any
land referred to in —
(i)
Part V of the Schedule to the repealed Act and not
acquired by or transferred to the Industrial Lands Development Authority; or
(ii)
Part VI of the Schedule to the repealed Act and not
acquired by or transferred to that Authority from the State Planning
Commission,
under section 12A
of the repealed Act before the commencement day;
(e) any
advance made, or guarantee given, by the Treasurer under section 13 of
the repealed Act and not repaid, or still in force, as the case may be,
immediately before the commencement day.
(4) For the purposes
of subclause (3)(e), section 13(3) of the repealed Act is to be
taken to continue to apply after the commencement day notwithstanding the
repeal.
8 . Guarantees under Joondalup Centre
Act 1976
The repeal of the
Joondalup Centre Act 1976 by section 50(1)(c) does not affect any
guarantee under section 43 of that Act in force immediately before the
commencement day and section 43(8) of that Act is to be taken to continue
in force for the purposes of this clause.
9 . Particular transitional provisions for
Industrial Development (Resumption of Land) Act 1945
(1) In this clause the
repealed Act means the Industrial Development (Resumption of Land)
Act 1945 .
(2) Land that was,
immediately before the commencement day, dedicated under section 11 of
the repealed Act is to be taken, on and after that day, to be land dedicated
under section 21.
(3) If a person was,
immediately before the commencement day, a proprietor, purchaser or lessee of
land to whom section 13 of the repealed Act applied, that section
continues, after that day, to apply to the person while he or she continues to
be the proprietor, purchaser or lessee of the land in question.
(4) All
land —
(a) to
which section 14 of the repealed Act applied immediately before the
commencement day; and
(b) in
respect of which immediately before that day a caveat under Part V of the
Transfer of Land Act 1893 by the Industrial Lands Development Authority
or its predecessors or the relevant Minister or a caveat under
section 182(iii) of the Transfer of Land Act 1893 by the Registrar
of Titles was in force,
shall on the
commencement day be taken to be land in respect of which a memorial is for the
time being registered under section 26.
(5) Any such caveat
shall on and after the commencement day be deemed to be a memorial registered
under section 26 in respect of that land and to have ceased to be a
caveat in force under Part V or section 188(iii) of the Transfer of Land
Act 1893 .
10 . Annual report for part of year
(1) The accountable
authority, within the meaning in the Financial Administration and Audit
Act 1985 9 , of a former body is to report in respect of that body
as required by section 66 of that Act, but limited to the period from the
preceding 1 July to the commencement day, and Division 14 of Part II
of that Act applies as if that period were a full financial year.
(2) A former body and
its accountable authority as constituted immediately before the commencement
day continues in existence for the purpose of subclause (1) and for that
purpose only.
(3) The Authority is
to arrange for the provision of such clerical and other assistance as is
reasonably required for the purpose of subclause (1).
11 . Interpretation Act to apply
With respect to the
repeals effected by section 50, this Act is supplementary to, and does
not displace the operation of, the Interpretation Act 1984 .
