Western Australian Current Acts

GOVERNMENT TRADING ENTERPRISES ACT 2023 - SECT 98

98 .         Disposal orders

        (1)         In this section —

        disallowance resolution means a resolution that a disposal order be disallowed.

        (2)         The Portfolio Minister may, with the approval of the Treasurer, publish in the Gazette an order authorising a relevant entity to dispose of a significant asset.

        (3)         A disposal order may set out —

            (a)         terms and conditions on which the relevant entity must effect the disposal; and

            (b)         processes that the relevant entity must follow in effecting the disposal.

        (4)         The Portfolio Minister must cause the text of a disposal order to be laid before each House of Parliament within 6 sitting days of the House after the day on which the disposal order is published in the Gazette (the tabling period ).

        (5)         A disposal order has effect if it is laid before each House of Parliament under subsection (4) and either —

            (a)         no notice of a disallowance resolution is given in either House within 14 sitting days of the House after the day on which the disposal order is laid before it (the disallowance period ); or

            (b)         for each notice of a disallowance resolution that is given in either House, by the expiry of the disallowance period for that House —

                  (i)         the notice has been withdrawn or discharged; or

                  (ii)         the disallowance resolution has been lost or not agreed to.

        (6)         For the purposes of this section —

            (a)         a tabling period or a disallowance period continues to run even though a House of Parliament is dissolved, prorogued or expires; and

            (b)         notice of a disallowance resolution given in a House of Parliament does not lapse even though the House is dissolved, prorogued or expires.

        (7)         A disposal of a significant asset is not invalidated or in any way affected by a failure of the relevant entity to effect the disposal on terms and conditions, or to follow processes, set out under subsection (3).

        (8)         A person dealing with a relevant entity is not bound or concerned to enquire whether the GTE has effected a disposal on terms and conditions, or has followed processes, set out under subsection (3).