Western Australian Consolidated Acts

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WESTERN AUSTRALIAN TREASURY CORPORATION ACT 1986 - NOTES

Notes

1 This is a compilation of the Western Australian Treasury Corporation Act 1986 and includes the amendments made by the other written laws referred to in the following table 1a. The table also contains information about any reprint.

Compilation table

Short title

Number and year

Assent

Commencement

Western Australian Treasury Corporation Act 1986

16 of 1986

25 Jul 1986

1 Jul 1986 (see s. 2)

Associations Incorporation Act 1987 s. 49

59 of 1987

9 Nov 1987

25 Jul 1988 (see s. 2 and Gazette 24 Jun 1988 p. 1995)

Western Australian Treasury Corporation Amendment Act 1992 2, 3

24 of 1992

17 Jun 1992

17 Jun 1992 (see s. 2)

Financial Administration Legislation Amendment Act 1993 s. 11

6 of 1993

27 Aug 1993

1 Jul 1993 (see s. 2(1))

Acts Amendment (Public Sector Management) Act 1994 s. 19

32 of 1994

29 Jun 1994

1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)

Local Government (Consequential Amendments) Act 1996 s. 4

14 of 1996

28 Jun 1996

1 Jul 1996 (see s. 2)

Financial Legislation Amendment Act 1996 s. 64

49 of 1996

25 Oct 1996

25 Oct 1996 (see s. 2(1))

Western Australian Treasury Corporation Amendment Act 1998 s. 1-25 4-6

25 of 1998

30 Jun 1998

s. 1 and 2: 30 Jun 1998;
Act other than s. 1 and 2: 10 Nov 1998 (see s. 2 and Gazette 10 Nov 1998 p. 6149)

Acts Amendment and Repeal (Financial Sector Reform) Act 1999 s. 111

26 of 1999

29 Jun 1999

1 Jul 1999 (see s. 2(1) and Gazette 30 Jun 1999 p. 2905)

Statutes (Repeals and Minor Amendments) Act 2000 s. 47

24 of 2000

4 Jul 2000

4 Jul 2000 (see s. 2)

Reprint of the Western Australian Treasury Corporation Act 1986 as at 5 Jan 2001 (includes amendments listed above)

Corporations (Consequential Amendments) Act 2001 Pt. 56

10 of 2001

28 Jun 2001

15 Jul 2001 (see s. 2 and Gazette 29 Jun 2001 p. 3257 and Cwlth Gazette 13 Jul 2001 No. S285)

Building Societies Amendment Act 2001 s. 51

12 of 2001

13 Jul 2001

13 Jul 2001 (see s. 2)

Labour Relations Reform Act 2002 s. 27

20 of 2002

8 Jul 2002

15 Sep 2002 (see s. 2(1) and Gazette 6 Sep 2002 p. 4487)

Corporations (Consequential Amendments) Act (No. 3) 2003 Pt. 17 7

21 of 2003

23 Apr 2003

11 Mar 2002 (see s. 2 and Cwlth Gazette 24 Oct 2001 No. GN42)

Labour Relations Reform (Consequential Amendments) Regulations 2003 r. 21 published in Gazette 15 Aug 2003 p. 3685-92

15 Sep 2003 (see r. 2)

Statutes (Repeals and Minor Amendments) Act 2003 s. 132

74 of 2003

15 Dec 2003

15 Dec 2003 (see s. 2)

Reprint 2: The Western Australian Treasury Corporation Act 1986 as at 2 Sep 2005 (includes amendments listed above)

Housing Societies Repeal Act 2005 s. 31 

17 of 2005

5 Oct 2005

10 Jul 2010 (see s. 2(3) and Gazette 9 Jul 2010 p. 3239)

Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 17 Div. 11 8

28 of 2006

26 Jun 2006

1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347)

Financial Legislation Amendment and Repeal Act 2006 s. 4, 16 and Sch. 1 cl. 186

77 of 2006

21 Dec 2006

1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)

Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 138

8 of 2009

21 May 2009

22 May 2009 (see s. 2(b))

Reprint 3: The Western Australian Treasury Corporation Act 1986 as at 7 May 2010 (includes amendments listed above except those in the Housing Societies Repeal Act 2005 s. 31)

Co-operatives Act 2009 s. 511

24 of 2009

22 Oct 2009

1 Sep 2010 (see s. 2(b) and Gazette 13 Aug 2010 p. 3975)

Public Sector Reform Act 2010 s. 89

39 of 2010

1 Oct 2010

1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563)

1a On the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

Short title

Number and year

Assent

Commencement

Co-operatives Act 2009 s. 518 10

24 of 2009

22 Oct 2009

1 Sep 2012 (see s. 2(c) and Gazette 13 Aug 2010 p. 3975)

2 The Western Australian Treasury Corporation Amendment Act 1992 s. 7(4) reads as follows:


(4) Any agreement or arrangement entered into, or transaction effected, before the commencement of this section which would have been lawful and valid had —

(a) section 10(2)(fa) and (fb) of the principal Act as inserted by subsection (1); and

(b) the definition of interest rate in section 3(1) of the principal Act as inserted by section 4,

been in operation when that agreement, arrangement or transaction was entered into or effected shall be deemed to be, and always to have been, lawful and valid.


3 The Western Australian Treasury Corporation Amendment Act 1992 s. 9(2) reads as follows:


(2) Section 14(3) of the principal Act as inserted by this section applies in respect of moneys lent before or after the commencement of this section.


4 The Western Australian Treasury Corporation Amendment Act 1998 s. 7(2) reads as follows:


(2) The amendments to the principal Act made by subsection (1) do not affect the corporate identity of the Western Australian Treasury Corporation or its rights or obligations.


5 The Western Australian Treasury Corporation Amendment Act 1998 s. 9(2) reads as follows:


(2) Section 7 as inserted in the principal Act by subsection (1) does not apply to a deed or other instrument that —

(a) has been signed or sealed by or on behalf of all parties that are required to do so; or

(b) evidences a transaction that was completed,

before the commencement of this Act.


6 The Western Australian Treasury Corporation Amendment Act 1998 s. 10(2) and (3) read as follows:


(2) The person who immediately before the commencement of this Act held the office of chief executive officer of the Corporation shall be taken from that commencement to have been appointed as the chief executive officer under section 8 as inserted in the principal Act by subsection (1).

(3) All persons who immediately before the commencement of this Act were in the employment of the Corporation shall be taken from that commencement to have been engaged under section 8B as inserted in the principal Act by subsection (1).


7 The Corporations (Consequential Amendments) Act (No. 3) 2003 s. 2-4 read as follows:


2. Commencement

(1) If this Act receives the Royal Assent before the day on which Schedule 1 to the Financial Services Reform Act comes into operation, this Act comes into operation at the same time as that Schedule comes into operation.

(2) If this Act receives the Royal Assent on or after the day on which Schedule 1 to the Financial Services Reform Act comes into operation, this Act is deemed to have come into operation at the same time as that Schedule comes into operation.

3. Interpretation

In this Part —

Financial Services Reform Act means the Financial Services Reform Act 2001 of the Commonwealth;

FSR commencement time means the time when Schedule 1 to the Financial Services Reform Act comes into operation;

statutory rule means a regulation, rule or by-law.

4. Validation

(1) This section applies if this Act comes into operation under section 2(2).

(2) Anything done or omitted to have been done after the FSR commencement time and before this Act receives the Royal Assent that could have been done if this Act had received the Royal Assent before the FSR commencement time is taken to be as valid and lawful, and to always have been as valid and lawful, as it would have been if this Act had received the Royal Assent before the FSR commencement time.

(3) Anything done or omitted to have been done by a person after the FSR commencement time and before this Act received the Royal Assent that would have been valid and lawful if the Financial Services Reform Act had not commenced, is taken to be valid and lawful.

(4) Anything done or omitted to have been done after the FSR commencement time and before this Act receives the Royal Assent —

(a) that could only have been validly and lawfully done or omitted because this Act received the Royal Assent after the FSR commencement time; and

(b) that could not have been validly and lawfully done or omitted if this Act had received the Royal Assent before the FSR commencement time,

is taken not to be valid, and to never have been valid.


8 The Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 17 Div. 12 reads as follows:


Division 12 — Transitional provisions

451. Western Australian Treasury Corporation Act 1986 and Gold Corporation Act 1987

(1) A thing done by the Treasurer before commencement under, or for the purposes of —

(a) section 10(2)(fa)(xii) or 17A(3) of the Western Australian Treasury Corporation Act 1986; or

(b) section 16(1)(a) or (b) or 21(1) of the Gold Corporation Act 1987,

has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done by the Minister with the concurrence of the Treasurer.

(2) A thing done or omitted to be done by, to or in relation to, the Treasurer before commencement under, or for the purposes of —

(a) a provision of the Western Australian Treasury Corporation Act 1986 amended by section 450; or

(b) section 16(2)(a) or 21(2), (4), (5) or (6) of the Gold Corporation Act 1987,

has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done or omitted by, to or in relation to, the Minister.

(3) In this section —

commencement means the time at which this Division comes into operation;

Minister means the Minister to whom the administration of the Western Australian Treasury Corporation Act 1986 is committed.


9 Footnote no longer applicable.

10 On the date as at which this compilation was prepared, the Co-operatives Act 2009 s. 518 had not come into operation. It reads as follows:


518. Western Australian Treasury Corporation Act 1986 amended

(1) This section amends the Western Australian Treasury Corporation Act 1986.

(2) In Schedule 1 delete items 5 and 6.




Defined Terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined Term Provision(s)
appointed director 3(1)
authorities 9(1a)
authority 3(1)
board 3(1)
borrow 3(1)
chief executive officer 3(1)
create 3(1)
debt paper 3(1)
director 3(1)
document 21A(4)
eligible person 18(1a)
financial institution 3(1)
foreign 13(4)
information 21A(4)
interest rate 3(1)
latest draft plan 16F(2)
latest draft statement 16N(2)
lend 3(1)
parliamentary purposes 21A(4)
prescribed debt paper 10(4a)
the Account 3(1)
the Corporation 3(1)
the repealed Act 3(1)
Treasury 3(1)
Under Treasurer 3(1)






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