Western Australian Numbered Acts Western Australian Numbered Acts (1) This Act, other
than subsections (4), (5) and (6), expires —
(a) on
31 December 2011; or
(b) if a
day is fixed under subsection (2), on that day.
(2) Regulations may be
made under section 68 fixing a day that is later than
31 December 2011 for the purposes of subsection (1)(b).
(3) Before regulations
referred to in subsection (2) are made the Minister must —
(a)
consult with the council of the City of Armadale; and
(b)
carry out a review of the operation and effectiveness of this Act and, in the
course of that review, consider and have regard to the matters referred to in
section 70(1).
(4) On the expiry of
this Act under subsection (1), the Minister must wind up the affairs of
the Authority as soon as is practicable and for the purposes of winding up
those affairs —
(a) all
real and personal property and every right or interest that immediately before
that expiry was vested in the Authority passes to and becomes vested in the
State without any transfer or assignment;
(b) all
rights, liabilities and obligations of the Authority that existed immediately
before that expiry devolve on the State;
(c) all
contracts, agreements and undertakings made by and with the Authority and
having effect immediately before that expiry have effect as contracts,
agreements and undertakings made by and with the Minister acting on behalf of,
and in the name of, the State and may be enforced by or against the State
accordingly; and
(d) any
legal or other proceedings or any remedies that might, but for this section,
have been commenced or continued or available by or against or to the
Authority may be commenced or continued, or be available, by or against or to
the State, as the case requires.
(5) For the purposes
of subsection (4) a reference to the Authority in —
(a) a
written law in force; or
(b) a
document in existence,
immediately before the
expiry of this Act under subsection (1) is to be construed, after that
expiry, as a reference to the State or the Minister acting on behalf of the
State, unless in the context it would be inappropriate to do so.
(6) Nothing in this
section affects or limits any guarantee —
(a)
given by the Treasurer under section 59 in respect of any money borrowed
by the Authority under this Act; and
(b) in
force immediately before the expiry of this Act under subsection (1),
and section 59
continues to apply to that guarantee while that guarantee remains in force as
if this section had not come into operation.