Western Australian Current Acts Western Australian Current Acts[Section 33(2)]
In this Schedule
—
commencement day means the day on which this Act
comes into operation;
Industry Act means the Industry (Advances) Act
1947 ;
Inventions Act means the Inventions Act 1975 .
2. Technology parks declared under the repealed
Act
A notice declaring a
technology park under section 4 of the repealed Act in effect immediately
before the commencement day continues to have effect as if it had been made
under section 27 of this Act.
(1) Section 20 of the
repealed Act continues to have effect on and after the commencement day in
respect of every person referred to in subsection (2) of that section as if
the repealed Act had not been repealed.
(2) Section 16 of the
Inventions Act continues to have effect on and after the commencement day in
respect of every person referred to in subsection (1) of that section as if
the Inventions Act had not been repealed.
A contract for
services under section 16(2) of the repealed Act in existence immediately
before the commencement day is to continue to have effect, subject to the
operation of this Act, according to its terms and conditions.
5. Money to be credited to Account
(1) Any money standing
to the credit of the Inventions Assistance Trust Fund, established under the
Inventions Act, immediately before the commencement day is to be placed to the
credit of the Account.
(2) A reference in any
agreement, instrument or other document to —
(a) the
“Western Australian Technology and Industry Development Account”
provided for under the repealed Act; or
(b) the
“Inventions Assistance Trust Fund” established under the
Inventions Act,
has effect on and
after the commencement day as if it were a reference to the Account.
6. Applications under repealed Acts
An application for
assistance under the repealed Act, the Inventions Act or the Industry Act in
respect of which a final decision is not made before the commencement day is
to be considered and determined by the Minister as if it were an application
for financial support under this Act.
7. Transfer of assets, liabilities and records
under the Industry Act or the Inventions Act
(1) On the
commencement day all assets that were, immediately before the commencement day
vested in or under the control of or standing to the credit of —
(a) the
Minister, within the meaning of the Inventions Act, for the purposes of that
Act; or
(b) the
Treasurer for the purposes of the Industry Act,
are, subject to
subclause (4), vested in the Minister.
(2) On the
commencement day the Minister becomes liable to pay, bear or discharge all of
the liabilities of —
(a) the
Minister, within the meaning of the Inventions Act, that have been incurred
for the purposes of that Act; or
(b) the
Treasurer that have been incurred for the purposes of the Industry Act,
and that existed
immediately before the commencement day.
(3) On and after the
commencement day the Minister is to have control of all registers, papers,
documents, minutes, receipts, books of account and other records (however
compiled, recorded or stored) relating to —
(a) the
operations of the Minister, within the meaning of the Inventions Act , under
that Act; or
(b) the
operations of the Treasurer under the Industry Act.
(4) Any trust,
condition or stipulation to which an asset vested in the Minister by subclause
(1) is subject is to be given effect to by the Minister.
8. Agreements, instruments and proceedings under
the Industry Act or the Inventions Act
(1) Any agreement,
instrument, guarantee or indemnity made or given —
(a) by
the Minister, within the meaning of the Inventions Act, under that Act; or
(b) by
the Treasurer under the Industry Act,
and subsisting
immediately before the commencement day has effect on and after the
commencement day as if —
(c) that
agreement, instrument, guarantee or indemnity had been made or given by the
Minister; and
(d)
unless the context otherwise requires, any reference in that agreement,
instrument, guarantee or indemnity to the Treasurer, or the Minister within
the meaning of the Inventions Act, were a reference to the Minister.
(2) If anything has
been lawfully commenced by or under the authority of —
(a) the
Minister within the meaning of the Inventions Act; or
(b) the
Treasurer under the Industry Act,
before the
commencement day that thing may be carried on and completed by or under the
authority of the Minister under this Act.
(3) Without limiting
the generality of subclause (2), any legal or other proceedings or any
remedies that might, but for —
(a) the
repeal of the Inventions Act, have been commenced or continued or available by
or against or to the Minister within the meaning of that Act; or
(b) the
repeal of the Industry Act, have been commenced or continued or available by
or against or to the Treasurer under that Act,
may be commenced or
continued, or are available, by or against or to the Minister.
9. Officials to take cognizance of clauses 5, 7
and 8
Any relevant official
who records and registers documents under a written law is to take cognizance
of clauses 5, 7 and 8 and is authorised to make any entry or memorial or
register any document necessary to show the effect of those clauses.
A statement in an
agreement, instrument or other document —
(a) that
any asset has become vested in the Minister; or
(b) that
the Minister has become responsible for any liability,
under clause 7 is
presumed to be true until the contrary is proved.
11. Interpretation Act 1984 not affected
Nothing in this
Schedule limits the operation of the Interpretation Act 1984 .
This is a compilation of the Industry and Technology Development Act 1998 and
includes amendments made by other written laws. For provisions that have come
into operation, and for information about any reprints, see the compilation
table.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
13 of 1998 |
20 May 1998 |
1 Jul 1998 (see s. 2 and Gazette 26 Jun 1998 p. 3369) | |
|
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) | |
|
Reprint 1: The Industry and Technology Development Act 1998 as at 5 Dec 2003
(includes amendments listed above) | |||
|
Financial Legislation Amendment and Repeal Act 2006 s. 4, 5(1) and 17 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2 and Gazette 19 Jan 2007 p. 137) |
|
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) |
|
Industry and Technology Development Amendment Act 2021 Pt. 2 |
24 of 2021 |
3 Dec 2021 |
4 Dec 2021 (see s. 2(b)) |
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)
Account
4
acquire 7(4)
commencement day
Sch. 2 cl. 1
department
4
dispose 7(4)
financial support
4
function 4
government
trading enterprise 4
guidelines
4
industry 4
Industry Act
Sch. 2 cl. 1
Inventions Act
Sch. 2 cl. 1
repealed Act 4
technology
4
technology park 4
Treasurer
4