Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) The annual return
of, and declaration verifying, the contribution numerator of an insurance
company, pursuant to section 39 of the Fire Brigades Act 1942 ,
shall be in the form set out in the Third Appendix.
(2) The declaration
prescribed by this regulation shall be made by the manager, secretary or agent
of the insurance company or other officer performing those duties and where
under the provisions of section 39(5) of the Fire Brigades Act 1942
, a person is constituted an insurance company, the declaration shall be made
by that person.
[Regulation 231 inserted in Gazette
19 Feb 1964 p. 678.]
Part I
FIRE AND EMERGENCY SERVICES AUTHORITY OF WESTERN AUSTRALIA
[Heading inserted in Gazette 22 Dec 1998
p. 6847.]
Issue of Debenture of $.................................
No.
................................................
1. In consideration of the
......................................................... (hereinafter called
“the Bank”) having agreed to allow the Fire and Emergency Services
Authority of Western Australia (hereinafter called “the
Authority”) to overdraw its account with the Bank to an amount not
exceeding $ ......................, the Authority hereby undertakes that it
will on demand pay to the Bank all such sums as are now or shall from time to
time hereafter become owing to the Bank from the Authority on the balance of
its current account with the Bank whether in respect of moneys advanced or
paid to or for the use of the Authority or charges incurred on its own account
or in respect of negotiable instruments drawn, accepted, or indorsed by or on
behalf of the Authority and discounted or paid or held by the Bank either at
the Authority’s request or in the course of business or otherwise or in
respect of moneys which the Authority shall become liable to pay to the Bank
in any manner whatsoever and whether any such moneys shall be paid to or
incurred on behalf of the Authority alone or jointly with any other person or
corporation together with the usual interest, commission, and lawful bank
charges.
2. The Authority will in the meantime until such demand pay to the Bank
interest for the balance for the time being owing by the Authority to the Bank
at the rate of ......................... per centum per annum by equal
half‑yearly payments on every ................... day of
........................... and .................... day of
........................... in each year. The first of such payments to be
made on the ..................... day of .............................
3. The Authority hereby charges with such payments its property and revenue,
whether accrued or to accrue.
4. The principal money hereby secured shall become immediately repayable on
demand being made by the Bank.
5. The Authority may at any time give notice in writing to the Bank of its
intention to pay off the said debenture, and at the expiration of one calendar
month from the time of such notice being given the principal moneys hereby
secured shall become payable.
6. At any time after the Authority has made default in payment of the
principal moneys hereby secured the Bank may proceed to exercise its powers
under section 46(8) of the Fire Brigades Act 1942 , and its
amendments.
Part II
MEMORANDUM of Agreement made the ......................... day of
........................
20 ............... between the Fire and Emergency
Services Authority of Western Australia (hereinafter called “the
Authority”), of the one part, and
....................................................................................
(hereinafter called “the Bank”), of the other part.
Whereas the Authority has for the purpose of its business a current account
with the Bank:
And whereas the Authority has applied to the Bank to allow it to overdraw such
account to an amount not exceeding $ ..................... which the Bank has
agreed to do upon delivery by the Authority to the Bank of a debenture in the
annexed form duly executed to secure such overdraft for the time being:
Now therefore it is agreed and declared as follows: —
1. The said debenture is a standing security with the Bank for payment of the
final balance on the said current account including therein all usual and
accustomed banker’s charges and commissions together with interest on
such final balance until payment at the current bank rate of interest ruling
from time to time.
2. For the purposes hereof the final balance aforesaid means such sums as upon
the closing at any time of the current account of the Authority by either
party shall be found due thereunder to the Bank and accordingly payments to
the credit of the account so long as the same shall be current shall not be
deemed to be made in or towards discharge of the said debenture.
3. The Authority hereby declares that there is no mortgage or charge upon its
property having priority to or ranking pari passu with the said debenture
(save and except as the case may be), and the Authority will not at any time
during the continuance of this security create any mortgage or charge ranking
or which can by any means be made to rank in priority to or pari passu with
the said debenture (save as aforesaid).
In witness whereof the Common Seals of the parties were hereunto affixed the
day and year first before written.
[First Appendix amended in Gazette 22 Dec 1998 p. 6847 and
6849.]
[Second Appendix deleted in Gazette 22 Dec 1998 p. 6847.]
RETURN AND DECLARATION BY INSURANCE COMPANY
(Pursuant to Section 39)
STATUTORY DECLARATION
I (1) ............................................................, of
(2)............................................, do solemnly and sincerely
declare that: —
1. I am the (3)
................................. of (4)
............................................... the registered office of which
is situated at (5) ....................................
..............................................................................................................
2. The said company is
carrying on the business of insurance (6) (is constituted an insurance
company under the provisions of section 39(5) of the
Fire Brigades Act 1942 ).
3. To the best of my
knowledge, information and belief the figures set out in the Schedule below
are true figures verifying the contribution numerator of
the said company for the 12 months ended , 20 .
Schedule
CONTRIBUTION NUMERATOR TOTAL = $
And I make this solemn declaration under, and by virtue of, section 106
of the Evidence Act 1906 (7).
|
Declared at ..................................... in the State of
..................................... this ........................ day of
.................................................., 20 ........ |
|
|
Before me ...................................................................
Justice of the Peace or Commissioner
for Declarations.
(1) Full name of declarant. (2) Address and description of declarant.
(3) Office held by declarant with insurance company. (4) Corporate
name or registered business name of insurance company. (5) Address of
registered office. (6) Strike out the portion of this clause that the
circumstances require. (7) Where this declaration is made at a place
outside the State of Western Australia, this clause must be varied to conform
with the law of that place.
[Third Appendix inserted in Gazette 16 Apr 1964 p. 1936;
amended in Gazette 9 Nov 1973 p. 4168; 24 Dec 1975
p. 4645; 7 Dec 1979 p. 3790.]
