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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
City of Fremantle and Town of East Fremantle
Trust Funds (Amendment and Expiry) Bill 2013
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Part 1 heading inserted 2
Part 1 -- Preliminary
5. Section 3 amended 2
6. Parts 2 and 3 inserted 3
Part 2 -- Transitional provisions relating to
Fremantle Fund and East Fremantle Fund
Division 1 -- Fremantle Fund
4. Fremantle Fund abolished 3
5. Assets and liabilities of Fremantle Fund 4
6. Proceedings relating to Fremantle Fund 4
7. Agreements and instruments relating to
Fremantle Fund 4
8. Loan debenture agreements between
Fremantle Fund and City of Fremantle 5
9. Care, control and management of
Reserve 34837 6
10. Final report on Fremantle Fund 7
Division 2 -- East Fremantle Fund
11. East Fremantle Fund abolished 7
12. Assets and liabilities of East Fremantle
Fund 8
13. Proceedings relating to East Fremantle
Fund 8
14. Agreements and instruments relating to
East Fremantle Fund 8
15. Final report on East Fremantle Fund 9
Division 3 -- Miscellaneous
16. Registration of documents 10
11--1 page i
City of Fremantle and Town of East Fremantle Trust Funds (Amendment
and Expiry) Bill 2013
Contents
Part 3 -- Expiry of Act
17. Act to expire 10
7. Sections 4 to 9 deleted 11
8. Schedule deleted 11
page ii
Western Australia
LEGISLATIVE ASSEMBLY
City of Fremantle and Town of East Fremantle
Trust Funds (Amendment and Expiry) Bill 2013
A Bill for
An Act to amend the City of Fremantle and Town of East Fremantle
Trust Funds Act 1961.
The Parliament of Western Australia enacts as follows:
page 1
City of Fremantle and Town of East Fremantle Trust Funds (Amendment
and Expiry) Bill 2013
s. 1
1 1. Short title
2 This is the City of Fremantle and Town of East Fremantle Trust
3 Funds (Amendment and Expiry) Act 2013.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on the 14th day after that day.
9 3. Act amended
10 This Act amends the City of Fremantle and Town of East
11 Fremantle Trust Funds Act 1961.
12 4. Part 1 heading inserted
13 Before section 1 insert:
14
15 Part 1 -- Preliminary
16
17 5. Section 3 amended
18 (1) In section 3 delete the definition of Board.
19 (2) In section 3 insert in alphabetical order:
20
21 asset means any legal or equitable estate or interest
22 (whether present or future and whether vested or
23 contingent) in real or personal property of any
24 description (including money), and includes a security,
25 a chose in action and a document;
26 liability means any liability, debt or obligation
27 (whether present or future and whether vested or
28 contingent);
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City of Fremantle and Town of East Fremantle Trust Funds (Amendment
and Expiry) Bill 2013
s. 6
1 right means any right, power, privilege or immunity
2 (whether present or future and whether vested or
3 contingent);
4 transfer day means the day on which the City of
5 Fremantle and Town of East Fremantle Trust Funds
6 (Amendment and Expiry) Act 2013, other than
7 sections 1 and 2, comes into operation.
8
9 (3) In section 3 in the definition of Agreement delete "is contained
10 in the Schedule;" and insert:
11
12 was contained in the Schedule to this Act immediately before
13 transfer day;
14
15 (4) In section 3 in the definition of Fremantle Fund delete
16 "Agreement." and insert:
17
18 Agreement;
19
20 6. Parts 2 and 3 inserted
21 After section 3 insert:
22
23 Part 2 -- Transitional provisions relating to
24 Fremantle Fund and East Fremantle Fund
25 Division 1 -- Fremantle Fund
26 4. Fremantle Fund abolished
27 The Fremantle Fund is abolished on transfer day.
page 3
City of Fremantle and Town of East Fremantle Trust Funds (Amendment
and Expiry) Bill 2013
s. 6
1 5. Assets and liabilities of Fremantle Fund
2 (1) On transfer day --
3 (a) the assets and rights of the Fremantle Fund
4 immediately before that day become assets and
5 rights of the City of Fremantle by force of this
6 section; and
7 (b) the liabilities of the Fremantle Fund
8 immediately before that day become liabilities
9 of the City of Fremantle by force of this
10 section.
11 (2) This section applies despite --
12 (a) any other law of the State; and
13 (b) the Agreement; and
14 (c) any other contract, agreement, document, order
15 or instrument.
16 6. Proceedings relating to Fremantle Fund
17 (1) On and after transfer day, any proceedings that
18 immediately before that day might have been
19 commenced or continued by the Fremantle Fund may
20 be commenced or continued by the City of Fremantle.
21 (2) On and after transfer day, any proceedings that
22 immediately before that day might have been
23 commenced or continued against the Fremantle Fund
24 may be commenced or continued against the City of
25 Fremantle.
26 7. Agreements and instruments relating to Fremantle
27 Fund
28 (1) Any agreement or instrument --
29 (a) that is in force immediately before transfer day;
30 and
31 (b) to which the Fremantle Fund is a party; and
page 4
City of Fremantle and Town of East Fremantle Trust Funds (Amendment
and Expiry) Bill 2013
s. 6
1 (c) that is not --
2 (i) a loan debenture agreement to which
3 section 8 applies; or
4 (ii) the Reserve 34837 order (as defined in
5 section 9),
6 has effect on and after transfer day as if the City of
7 Fremantle were substituted for the Fremantle Fund as a
8 party to the agreement or instrument.
9 (2) Any agreement or instrument --
10 (a) that is in force immediately before transfer day;
11 and
12 (b) that includes a reference to the Fremantle Fund;
13 and
14 (c) that is not --
15 (i) a loan debenture agreement to which
16 section 8 applies; or
17 (ii) the Reserve 34837 order (as defined in
18 section 9),
19 has effect on and after transfer day as if any reference
20 in the agreement or instrument to the Fremantle Fund
21 were (unless the context otherwise requires) a reference
22 to the City of Fremantle.
23 8. Loan debenture agreements between Fremantle
24 Fund and City of Fremantle
25 On transfer day, a loan debenture agreement --
26 (a) that is in force immediately before transfer day;
27 and
28 (b) to which the Fremantle Fund and the City of
29 Fremantle are parties,
30 ceases to be in force.
page 5
City of Fremantle and Town of East Fremantle Trust Funds (Amendment
and Expiry) Bill 2013
s. 6
1 9. Care, control and management of Reserve 34837
2 (1) In this section --
3 Reserve 34837 order means the order that --
4 (a) was made under the Land Act 1933 section 33
5 in relation to Reserve no. 34837 on
6 21 September 1977; and
7 (b) subsists under the Land Administration
8 Act 1997 Schedule 2 clause 16.
9 (2) On transfer day, the Reserve 34837 order is taken to be
10 revoked under the Land Administration Act 1997
11 section 50(1).
12 (3) On transfer day, the following orders are taken to be
13 made --
14 (a) an order under the Land Administration
15 Act 1997 section 46(1) placing the care, control
16 and management of Reserve no. 34837 with the
17 City of Fremantle for the same purpose as that
18 for which the relevant Crown land is reserved
19 and for purposes ancillary or beneficial to that
20 purpose;
21 (b) an order under the Land Administration
22 Act 1997 section 46(3) conferring on the City
23 of Fremantle power, subject to the Land
24 Administration Act 1997 section 18, to grant a
25 lease or sublease or licence over the whole or
26 any part of the relevant Crown land for the
27 purposes referred to in paragraph (a).
28 (4) To avoid doubt, this section does not prevent the taking
29 of any action under the Land Administration Act 1997
30 or any other written law in relation to the orders that
31 are taken to be made under subsection (3).
page 6
City of Fremantle and Town of East Fremantle Trust Funds (Amendment
and Expiry) Bill 2013
s. 6
1 10. Final report on Fremantle Fund
2 As soon as reasonably practicable after transfer day,
3 the City of Fremantle must prepare and give to the
4 Minister a report that does the following --
5 (a) lists the assets and liabilities of the Fremantle
6 Fund immediately before transfer day;
7 (b) lists and gives details of any proceedings that,
8 immediately before transfer day --
9 (i) had been commenced by or against the
10 Fremantle Fund; and
11 (ii) had not been completed;
12 (c) lists and gives details of any proceedings that
13 the City of Fremantle is aware are likely to be
14 commenced by or against the City of Fremantle
15 in substitution for the Fremantle Fund pursuant
16 to section 6;
17 (d) lists and gives details of the effect of each
18 agreement (other than a loan debenture
19 agreement to which section 8 applies) and
20 instrument that was in force immediately before
21 transfer day to which the Fremantle Fund was a
22 party;
23 (e) lists and gives details of each loan debenture
24 agreement that ceased to be in force under
25 section 8 on transfer day;
26 (f) states whether, immediately before transfer day,
27 the Fremantle Fund held any assets with the
28 East Fremantle Fund as tenants in common.
29 Division 2 -- East Fremantle Fund
30 11. East Fremantle Fund abolished
31 The East Fremantle Fund is abolished on transfer day.
page 7
City of Fremantle and Town of East Fremantle Trust Funds (Amendment
and Expiry) Bill 2013
s. 6
1 12. Assets and liabilities of East Fremantle Fund
2 (1) On transfer day --
3 (a) the assets and rights of the East Fremantle Fund
4 immediately before that day become assets and
5 rights of the Town of East Fremantle by force
6 of this section; and
7 (b) the liabilities of the East Fremantle Fund
8 immediately before that day become liabilities
9 of the Town of East Fremantle by force of this
10 section.
11 (2) This section applies despite --
12 (a) any other law of the State; and
13 (b) the Agreement; and
14 (c) any other contract, agreement, document, order
15 or instrument.
16 13. Proceedings relating to East Fremantle Fund
17 (1) On and after transfer day, any proceedings that
18 immediately before that day might have been
19 commenced or continued by the East Fremantle Fund
20 may be commenced or continued by the Town of East
21 Fremantle.
22 (2) On and after transfer day, any proceedings that
23 immediately before that day might have been
24 commenced or continued against the East Fremantle
25 Fund may be commenced or continued against the
26 Town of East Fremantle.
27 14. Agreements and instruments relating to East
28 Fremantle Fund
29 (1) Any agreement or instrument --
30 (a) that is in force immediately before transfer day;
31 and
page 8
City of Fremantle and Town of East Fremantle Trust Funds (Amendment
and Expiry) Bill 2013
s. 6
1 (b) to which the East Fremantle Fund is a party,
2 has effect on and after transfer day as if the Town of
3 East Fremantle were substituted for the East Fremantle
4 Fund as a party to the agreement or instrument.
5 (2) Any agreement or instrument --
6 (a) that is in force immediately before transfer day;
7 and
8 (b) that includes a reference to the East Fremantle
9 Fund,
10 has effect on and after transfer day as if any reference
11 in the agreement or instrument to the East Fremantle
12 Fund were (unless the context otherwise requires) a
13 reference to the Town of East Fremantle.
14 15. Final report on East Fremantle Fund
15 As soon as reasonably practicable after transfer day,
16 the Town of East Fremantle must prepare and give to
17 the Minister a report that does the following --
18 (a) lists the assets and liabilities of the East
19 Fremantle Fund immediately before transfer
20 day;
21 (b) lists and gives details of any proceedings that,
22 immediately before transfer day --
23 (i) had been commenced by or against the
24 East Fremantle Fund; and
25 (ii) had not been completed;
26 (c) lists and gives details of any proceedings that
27 the Town of East Fremantle is aware are likely
28 to be commenced by or against the Town of
29 East Fremantle in substitution for the East
30 Fremantle Fund pursuant to section 13;
31 (d) lists and gives details of the effect of each
32 agreement and instrument that was in force
page 9
City of Fremantle and Town of East Fremantle Trust Funds (Amendment
and Expiry) Bill 2013
s. 6
1 immediately before transfer day to which the
2 East Fremantle Fund was a party;
3 (e) states whether, immediately before transfer day,
4 the East Fremantle Fund held any assets with
5 the Fremantle Fund as tenants in common.
6 Division 3 -- Miscellaneous
7 16. Registration of documents
8 The Registrar of Titles is to take notice of the
9 provisions of this Part and is empowered to record and
10 register in the appropriate manner the necessary
11 documents, and otherwise to give effect to this Part.
12 Part 3 -- Expiry of Act
13 17. Act to expire
14 (1) When the Minister is reasonably satisfied that there is
15 no reason for this Act to continue, the Minister must
16 publish a notice in the Gazette stating that this Act
17 expires at the end of the day on which the notice is
18 published.
19 (2) The Minister must not publish a notice under
20 subsection (1) unless --
21 (a) the City of Fremantle has given the Minister a
22 report under section 10; and
23 (b) the Town of East Fremantle has given the
24 Minister a report under section 15; and
25 (c) the Minister has consulted the City of
26 Fremantle and the Town of East Fremantle.
27 (3) The Act expires as stated in a notice published under
28 subsection (1).
29
page 10
City of Fremantle and Town of East Fremantle Trust Funds (Amendment
and Expiry) Bill 2013
s. 7
1 7. Sections 4 to 9 deleted
2 Delete sections 4 to 9.
3 8. Schedule deleted
4 Delete the Schedule.
5
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