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OIL REFINERY (KWINANA) AGREEMENT ACT 1952 - SECT 3B

3B .         Validation of acts done by Commission

        (1)         In this section the expression, Commission means The State Housing Commission established and constituted by the State Housing Act 1946 3 .

        (2)         Notwithstanding the provisions of the Agreement approved, ratified and confirmed by section 3, the Commission shall take over and assume, and shall be deemed to have taken over and assumed on and from 1 July 1956, the management, control and administration (including the financial administration) of the houses erected in accordance with the provisions of clause 4(n) of the Agreement.

        (3)         In order to remove any doubt which, but for the enactment of this section, might exist or arise as to the powers of the Commission in relation to the control, management and administration referred to in subsection (2), and for the purpose of giving effect to that subsection, it is hereby expressly enacted —

            (a)         that the Commission is, and shall be deemed to have been on and from 1 July 1956, authorised and empowered —

                  (i)         to collect, recover and receive all rentals payable by the tenants of the houses erected as aforesaid, and on payment of those rentals to retain the same; and

                  (ii)         to apply the rentals received, and maintain, deal with and dispose of the houses, in manner provided under the State Housing Act 1946 3 ,

                as though the houses were houses subject to all or any of the provisions of that Act;

            (b)         that all acts, matters or things done, suffered or permitted by the Commission in respect to the control, management and administration as aforesaid on or after 1 July 1956, shall be deemed to be, or to have been, as valid and effective, or if the case requires, subject to any relevant provision of this Act, or of the Agreement, in all respects as if when so done, suffered or permitted, this section had in fact been in operation, and are hereby ratified, confirmed and validated.

        (4)         The provisions of this section are in addition to, and not in derogation of, the provisions of section 3(2), or of any other provisions of this Act, or of clause 4(n), or of any other provisions, of the Agreement referred to in subsection (2) of this section, but in the case of any inconsistency between the provisions of this section and the provisions of section 3(2), or clause 4(n) of the Agreement, the provisions of this section shall prevail.

        [Section 3B inserted: No. 44 of 1959 s. 2.]



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