Western Australian Current Acts Western Australian Current Acts[s. 50(2)]
[Heading amended: No. 19 of 2010 s. 41(4).]
In this Schedule,
unless the contrary intention appears —
commencement day means the day on which section 50
comes into operation;
former body means the Industrial Lands Development
Authority established by the Act repealed by section 50(1)(a) and the
Joondalup Development Corporation provided for by the Act repealed by section
50(1)(c);
liability includes any obligation, claim or
demand, present or future, certain or contingent, ascertained or sounding only
in damages;
property means any legal or equitable estate or
interest (whether present or future and whether vested or contingent) in real
or personal property of any description and includes things in action and a
power of disposition over property.
(1) All persons who
were employed or engaged by a former body immediately before the commencement
day are to be taken to be employed or engaged by the Authority under
section 11 on the same terms and conditions, including the salary payable, as
those on which they were employed or engaged immediately before the
commencement day.
(2) Subclause (1)
applies to the General Manager holding office immediately before the
commencement day under section 31 of the Act repealed by section 50(1)(c) but
after the commencement day he or she does not by virtue of that subclause
become the chief executive officer of the Authority.
(3) On the publication
of an order under section 51 such persons as the Minister determines who were
employed or engaged immediately before that publication under section 15 of
the Western Australian Development Corporation Act 1983 4 in performing
duties relating exclusively to property allocated to the Authority under that
order are to be taken to have been employed or engaged by the Authority under
section 11 on the same terms and conditions, including the salary payable, as
those on which they were employed immediately before the publication of the
order.
(4) A person to whom
subclause (1) or (3) applies retains all his or her existing and accruing
rights (including rights under the Superannuation and Family Benefits Act
1938 ) 6 as if his or her employment or engagement under this Act were a
continuation of his or her employment or engagement immediately before the
commencement day.
(5) Nothing in this
clause prevents the exercise by the Authority after the commencement day of
its powers in relation to the management of the staff of the Authority.
3 . Assets, liabilities etc. to vest in Authority
(1) On the
commencement day —
(a) any
property, whether within or outside the State, which was vested in a former
body or, to which a former body was entitled immediately before that day vests
in the Authority together with all claims, rights and remedies that the former
body then had in respect of the property; and
(b) the
Authority becomes liable to pay, bear or discharge all the liabilities of a
former body that are properly payable; and
(c) the
Authority is to take delivery of all registers, papers, documents, minutes,
receipts, books of account and other records (however compiled, recorded or
stored) relating to the operations of a former body.
(2) Anything commenced
by a former body before the commencement day may be continued by the
Authority, so far as it is authorised by this Act.
4 . Agreements and instruments
Any agreement or
instrument subsisting immediately before the commencement day —
(a) to
which a former body was a party; or
(b)
which contains a reference to a former body,
has effect after that
day as if —
(c) the
Authority were substituted for the former body as a party to the agreement or
instrument; and
(d) any
reference in the agreement or instrument to a former body were (unless the
context otherwise requires) a reference to the Authority.
(1) The Registrar of
Titles, the Registrar of Deeds, the Ministers respectively administering the
Land Administration Act 1997 7 and the Mining Act 1978 , and any other person
authorised by a written law to record and give effect to the registration of
documents relating to transactions affecting any estate or interest in land or
other property, are to take note of the provisions of this Schedule and
section 51 and are empowered to record and register in the appropriate manner
such of those documents as are necessary to give effect to this Schedule and
section 51.
(2) Without limiting
subclause (1) a statement in an instrument executed by the Authority that any
estate or interest in land or other property has become vested in it under
this Schedule or section 51 is evidence of that fact.
On the commencement
day the fund under section 6B of the Industrial Lands Development Authority
Act 1966 and the account under section 41(2) of the Joondalup Centre Act 1976
are to be closed and the moneys placed to the credit of the Account referred
to in section 31(2).
7 . Particular transitional provisions for
Industrial Lands Development Authority Act 1966
(1) In this clause the
repealed Act means the Industrial Lands Development Authority Act 1966 .
(2) On and after the
commencement day, the matters referred to in subclause (3) continue to be
governed by the repealed Act (except section 14), notwithstanding its repeal,
but —
(a) the
functions under that Act are to be performed, for the purposes of this clause,
by the Authority established under this Act; and
(b)
references in that Act to the Fund are to be read as references to the Account
referred to in section 31(2).
(3) Those matters are
—
(a) land
to which section 7B(1) of the repealed Act applied immediately before the
commencement day other than such land as is freehold land under the
Transfer of Land Act 1893 unless in respect of such last-mentioned land
—
(i)
a memorial remained registered under section 7D(1) of the
repealed Act on the commencement day; or
(ii)
immediately before the commencement day, a caveat under
Part V of the Transfer of Land Act 1893 by the Industrial Lands Development
Authority or its predecessors or the relevant Minister or a caveat under
section 182(iii) of the Transfer of Land Act 1893 by the Registrar of Titles
was in force;
(b) any
memorial that remained registered under section 7D(1) of the repealed Act on
the commencement day in respect of land under the operation of the
Transfer of Land Act 1893 ;
(c) any
injunction or interim injunction granted under section 8 of the repealed Act
and in force immediately before the commencement day;
(d) any
land referred to in —
(i)
Part V of the Schedule to the repealed Act and not
acquired by or transferred to the Industrial Lands Development Authority; or
(ii)
Part VI of the Schedule to the repealed Act and not
acquired by or transferred to that Authority from the State Planning
Commission,
under section 12A of
the repealed Act before the commencement day;
(e) any
advance made, or guarantee given, by the Treasurer under section 13 of the
repealed Act and not repaid, or still in force, as the case may be,
immediately before the commencement day.
(4) For the purposes
of subclause (3)(e), section 13(3) of the repealed Act is to be taken to
continue to apply after the commencement day notwithstanding the repeal.
8 . Guarantees under Joondalup Centre Act 1976
The repeal of the
Joondalup Centre Act 1976 by section 50(1)(c) does not affect any guarantee
under section 43 of that Act in force immediately before the commencement day
and section 43(8) of that Act is to be taken to continue in force for the
purposes of this clause.
9 . Particular transitional provisions for
Industrial Development (Resumption of Land) Act 1945
(1) In this clause the
repealed Act means the Industrial Development (Resumption of Land) Act 1945 .
(2) Land that was,
immediately before the commencement day, dedicated under section 11 of the
repealed Act is to be taken, on and after that day, to be land dedicated under
section 21.
(3) If a person was,
immediately before the commencement day, a proprietor, purchaser or lessee of
land to whom section 13 of the repealed Act applied, that section continues,
after that day, to apply to the person while he or she continues to be the
proprietor, purchaser or lessee of the land in question.
(4) All land —
(a) to
which section 14 of the repealed Act applied immediately before the
commencement day; and
(b) in
respect of which immediately before that day a caveat under Part V of the
Transfer of Land Act 1893 by the Industrial Lands Development Authority or its
predecessors or the relevant Minister or a caveat under section 182(iii) of
the Transfer of Land Act 1893 by the Registrar of Titles was in force,
shall on the
commencement day be taken to be land in respect of which a memorial is for the
time being registered under section 26.
(5) Any such caveat
shall on and after the commencement day be deemed to be a memorial registered
under section 26 in respect of that land and to have ceased to be a caveat in
force under Part V or section 188(iii) of the Transfer of Land Act 1893 .
10 . Annual report for part of year
(1) The accountable
authority, within the meaning in the Financial Administration and Audit Act
1985 8 , of a former body is to report in respect of that body as required by
section 66 of that Act, but limited to the period from the preceding 1 July to
the commencement day, and Division 14 of Part II of that Act applies as if
that period were a full financial year.
(2) A former body and
its accountable authority as constituted immediately before the commencement
day continues in existence for the purpose of subclause (1) and for that
purpose only.
(3) The Authority is
to arrange for the provision of such clerical and other assistance as is
reasonably required for the purpose of subclause (1).
11 . Interpretation Act to apply
With respect to the
repeals effected by section 50, this Act is supplementary to, and does not
displace the operation of, the Interpretation Act 1984 .
This is a compilation of the Western Australian Land Authority Act 1992 and
includes amendments made by other written laws 13 . For provisions that have
come into operation, and for information about any reprints, see the
compilation table. For provisions that have not yet come into operation see
the uncommenced provisions table.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
35 of 1992 |
23 Jun 1992 |
s. 1, 2 and 4: 23 Jun 1992 (see s. 2(1)); | |
|
Financial Administration Legislation Amendment Act 1993 s. 11 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993 (see s. 2(1)) |
|
Acts Amendment (Public Sector Management) Act 1994 s. 19 |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948) |
|
Statutes (Repeals and Minor Amendments) Act 1994 s. 4 |
73 of 1994 |
9 Dec 1994 |
9 Dec 1994 (see s. 2) |
|
Local Government (Consequential Amendments) Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Statutory Corporations (Liability of Directors) Act 1996 s. 3 |
41 of 1996 |
10 Oct 1996 |
1 Dec 1996 (see s. 2 and Gazette 12 Nov 1996 p. 6301) |
|
Financial Legislation Amendment Act 1996 s. 64 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996 (see s. 2(1)) |
|
Transfer of Land Amendment Act 1996 s. 153(3) |
81 of 1996 |
14 Nov 1996 |
14 Nov 1996 (see s. 2) |
|
Western Australian Land Authority Amendment Act 1997 |
28 of 1997 |
26 Sep 1997 |
26 Sep 1997 (see s. 2) |
|
Acts Amendment (Land Administration) Act 1997 Pt. 67 and s. 141 |
31 of 1997 |
3 Oct 1997 |
30 Mar 1998 (see s. 2 and Gazette 27 Mar 1998 p. 1765) |
|
Western Australian Land Authority Amendment Act 1998 2, 3, 9, 10 |
60 of 1998 |
31 Dec 1998 |
31 Dec 1998 (see s. 2) |
|
Reprint of the Western Australian Land Authority Act 1992 as at 16 Apr 1999
(includes amendments listed above) |
|
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) | |
|
Acts Amendment (Equality of Status) Act 2003 Pt. 61 |
28 of 2003 |
22 May 2003 |
1 Jul 2003 (see s. 2 and Gazette 30 Jun 2003 p. 2579) |
|
Statutes (Repeals and Minor Amendments) Act 2003 s. 129 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Western Australian Land Authority Amendment Act 2004 Pt. 2 11, 12 |
67 of 2004 |
8 Dec 2004 |
25 Dec 2004 (see s. 2 and Gazette 24 Dec 2004 p. 6247) |
|
Reprint 2: The Western Australian Land Authority Act 1992 as at 4 Feb 2005
(includes amendments listed above) |
|
60 of 2006 |
16 Nov 2006 |
1 Jan 2007 (see s. 2(1) and Gazette 8 Dec 2006 p. 5369) | |
|
Financial Legislation Amendment and Repeal Act 2006 s. 4, 5(1), 15 and Sch. 1
cl. 182 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137) |
|
Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 136 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
|
Standardisation of Formatting Act 2010 s. 41 |
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341) |
|
Public Sector Reform Act 2010 s. 88 and 89 |
39 of 2010 |
1 Oct 2010 |
1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563) |
|
Reprint 3: The Western Australian Land Authority Act 1992 as at 10 Dec 2010
| |||
|
Local Government Legislation Amendment Act 2016 Pt. 3 Div. 34 |
26 of 2016 |
21 Sep 2016 |
21 Jan 2017 (see s. 2(b) and Gazette 20 Jan 2017 p. 648) |
|
Executive Officer Remuneration (Government Entities) Legislation Amendment Act
2016 Pt. 3 Div. 7 |
46 of 2016 |
7 Dec 2016 |
8 Dec 2016 (see s. 2(b)) |
|
Government Trading Enterprises Act 2023 Pt. 12 Div. 10 |
13 of 2023 |
22 Jun 2023 |
1 Jul 2023 (see s. 2(b) and SL 2023/89 cl. 2) |
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
State Superannuation (Transitional and Consequential Provisions) Act 2000 s.
72 |
43 of 2000 |
2 Nov 2000 |
To be proclaimed (see s. 2(2)) |
1 Public Sector Management Act 1994 s. 99 deleted
by the Public Sector Reform Act 2010 s. 57.
2 The Western Australian Land Authority Amendment
Act 1998 s. 19(3) and (4) read as follows:
(3) Despite
subsections (1) and (2), on and from the commencement of this Act —
(a) a
memorial registered or deemed to be registered under Part 4 before the
commencement of this Act remains of effect, and may be withdrawn and
registered again under Part 4, as if the Part had not been repealed;
(b) the
functions of a relevant official under Part 4 in relation to memorials are to
be performed as if the Part had not been repealed;
(c) a
pending memorial —
(i)
may be registered under Part 4;
(ii)
has effect after registration as if Part 4 had not been
repealed; and
(iii)
may be withdrawn and registered again under Part 4,
as if the Part had not
been repealed; and
(d) Part
4 and section 46 continue to apply and have effect in relation to any memorial
referred to in paragraph (a) or (c) and to offences and other matters related
to the memorial.
(4) In subsection (3)
—
pending memorial means a memorial in respect of
any land disposed of by the Authority pursuant to a transaction entered into
before the commencement of this Act;
relevant official has the same meaning as it had
under the Western Australian Land Authority Act 1992 immediately before the
commencement of this Act.
3 The Western Australian Land Authority Amendment
Act 1998 s. 20(2) reads as follows:
(2) Section 32 as
inserted by subsection (1) —
(a) does
not apply to a deed or other instrument that —
(i)
has been signed or sealed by or on behalf of all parties
that are required to do so; or
(ii)
evidences a transaction that was completed,
before the
commencement of this Act; and
(b)
subject to paragraph (a), applies in respect of any duty, tax, rate or other
impost the Authority becomes liable to and chargeable with after the
commencement of this Act but not otherwise.
4 Repealed by the
WADC and WA Exim Corporation Repeal Act 1998 .
5 Lands Titles Office diagrams are now being held
by the Western Australian Land Information Authority (see the
Land Information Authority Act 2006 s. 100).
6 The Superannuation and Family Benefits Act 1938
was repealed by the State Superannuation Act 2000 s. 39, but its provisions
continue to apply to and in relation to certain schemes because of the
State Superannuation (Transitional and Consequential Provisions) Act 2000 s.
26. See also note 14.
7 Under the Land Administration Act 1997 s.
281(3), a reference to the Land Act 1933 in a written law is, unless the
contrary is intended, to be read and construed as a reference to the
Land Administration Act 1997. The reference was changed under the Reprints Act
1984 s. 7(3)(g).
8 Under the
Financial Management (Transitional Provisions) Act 2006 s. 19 a reference in
a written law or document or instrument to the
Financial Administration and Audit Act 1985 may, where the context so
requires, be read as if it had been amended to be a reference to the
Financial Management Act 2006 or to the Auditor General Act 2006, or to both
those Acts, as the case requires.
9 The Western Australian Land Authority Amendment
Act 1998 s. 7(2) is a savings provision of no further effect.
10 The Western Australian Land Authority Amendment
Act 1998 s. 18(2), (3) and (4) are transitional provisions of no further
effect.
11 The Western Australian Land Authority Amendment
Act 2004 s. 12(2)-(8) read as follows:
(2) The person who was
the chief executive officer immediately before the commencement of this
section continues in office, under and subject to the WALA Act, as the chief
executive officer as if that person had been appointed by the board.
(3) Other people who
were in the employment of the Authority immediately before the commencement of
this section continue, under and subject to the WALA Act, as members of staff
of the Authority.
(4) Except as
otherwise agreed by the chief executive officer or member of staff, the
remuneration, existing or accrued rights, rights under a superannuation scheme
or continuity of service of the chief executive officer or a member of staff
of the Authority are not affected, prejudiced or interrupted by —
(a) the
operation of subsection (2) or (3); or
(b) the
Authority ceasing to be an SES organisation under the Public Sector
Management Act 1994 .
(5) A person mentioned
in subsection (2) or (3) is to be regarded as an employee of an organisation
for the purposes of Part 6 of the Public Sector Management Act 1994 .
(6) Subsection (5)
ceases to apply at the expiration of 2 years after the commencement of this
section.
(7) A person mentioned
in subsection (3) is to be regarded as having been engaged under section 11 of
the WALA Act.
(8) Where this section
uses a term that is given a meaning in the WALA Act, the term has that meaning
in this section.
12 The Western Australian Land Authority Amendment
Act 2004 s. 18(2) is a transitional provision of no futher effect.
13 The amendment in the State Superannuation
Amendment Act 2007 s. 88 is not included because it was repealed by the State
Superannuation Amendment Act 2011 s. 4 before the amendment purported to come
into operation.
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)
acquire
4(1)
Authority 4(1)
business
arrangement 17(5)
commencement day
Sch. 4 cl. 1
Crown land 4(1)
develop
4(1)
dispose of 4(1)
former body Sch. 4 cl. 1
function
4(1)
GTE Act 4(1)
industrial
purposes 4(1)
Joondalup Centre
16(2)
land 4(1)
liabilities
51(11)
liability Sch. 4 cl. 1
management 4(1)
members of staff
13A(3), 14B(4)
Ministers 51(11)
participate 17(5)
person
17(5)
property 51(11), Sch. 4 cl. 1
public
authority 4(1)
repealed Act
Sch. 4 cl. 7(1) and 9(1)
WADC 51(9) and
(11)
© State of Western Australia 2023
.
This work is licensed under a Creative Commons Attribution 4.0 International
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the licence, visit www.legislation.wa.gov.au .
Attribute work as: © State
of Western Australia 2023
.
By Authority: GEOFF O. LAWN, Government Printer