Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Committee
shall have and may exercise, and shall be deemed always to have had under the
principal Act, power through the Chairman and under his
name —
(a) to
acquire (including on lease), hold, mortgage, dispose of (including by lease),
and otherwise deal with real and personal property for the purposes of the
Club; and
(b)
enter into agreements for any of those purposes.
(2) When so authorised
by a resolution of the Committee the Chairman may in his name execute all such
agreements, transfers, leases, mortgages and other instruments necessary or
requisite for the effectual exercise by the Committee of the power conferred
by subsection (1).
(2a)
Subsection (1) does not apply to —
(a) the
land referred to in section 7 of the principal Act; or
(b) land
demised under section 8 of that Act,
except with the
consent of the Governor given on the recommendation of the Minister
administering the Land Act 1933 2 .
(2b) An approval under
subsection (2a) in respect of any land may be given —
(a)
subject to conditions including a condition for payment of money to the Crown;
and
(b) if
the Governor thinks fit, in terms that discharge the land from any trust or
purpose affecting the land by operation of this Act.
(3) A certified copy
of the minute of any such resolution signed by the Secretary of the Club shall
be evidence that, where, pursuant to such resolution, the Chairman has
executed any agreement, transfer, lease, mortgage, or other instrument under
the authority of subsection (2) he has done so with the authority of and
in a fiduciary capacity for the Committee.
(4) Notwithstanding
anything to the contrary contained in the Transfer of Land Act 1893 ,
and where any land, which has been acquired by the Committee is registered in
the name of a person who at the time of such registration was the Chairman,
and any dealing in relation to such land is subsequently tendered to the
Registrar of Titles for registration in the name of another person, the
Registrar may, subject to any other requirements of the said Act, accept such
dealing for registration upon production therewith of a declaration by the
Secretary of the Club that the land referred to in such dealing is the
property of the Club, and that the person who has executed such dealing is for
the time being the Chairman.
(5) Subject to this
Act any real or personal property acquired or held by the Committee under the
power conferred by this Act shall be subject to the like powers, authorities
and discretions as are vested in the Committee and the Chairman by the
provisions of the principal Act in respect of real and personal property
referred to in the principal Act, and the said provisions, with such
adaptations as may be necessary, shall apply accordingly.
[Section 4 amended by No. 24 of 1997
s. 16.]