Western Australian Current Acts

WEST AUSTRALIAN TRUSTEES LIMITED (MERGER) ACT 1989 - SECT 3

3 .         Terms used in this Act

                In this Act, unless the contrary intention appears —

        appointment means the appointment of WA Trustees as executor, manager, trustee, agent or attorney made —

            (a)         by will, codicil, deed, agreement, declaration, nomination or other instrument;

            (b)         by the Supreme Court; or

            (c)         under any written law,

        and includes the appointment of WA Trustees as one of 2 or more executors, managers, trustees, agents or attorneys;

        corporation includes any body, corporate or unincorporate;

        excluded assets means —

            (a)         documents required by law to be kept by WA Trustees; and

            (b)         land referred to in Schedule 1 and buildings or structures on that land;

        instrument means an instrument (other than this Act) that creates, evidences, modifies or extinguishes rights or liabilities, or would do so if it or a copy of it were lodged, filed or registered under any written or other law, and includes any judgment, order or process of a court and any will, codicil, declaration of trust, deed of trust or power of attorney;

        land includes any estate or interest in land, or an interest in respect of land;

        legal proceedings includes an arbitration;

        liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;

        Perpetual Trustees means Perpetual Trustees W.A. Ltd;

        prescribed securities means securities within the meaning of the Securities Industry (Western Australia) Code ;

        property means property of every kind whether tangible or intangible, real or personal, corporeal or incorporeal and, without limiting the generality of that meaning, includes choses in action, goodwill, rights, interests and claims of every kind in or to property, whether arising from, accruing under, created or evidenced by, or the subject of, an instrument or otherwise and whether liquidated or unliquidated, actual, contingent or prospective;

        rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

        security means a mortgage or charge (whether legal or equitable) debenture, bill of exchange, promissory note, guarantee, indemnity, lien, pledge or other security for the payment of money or for the discharge of any other liability, and includes an agreement or undertaking to give or execute any of those things whether upon demand or otherwise;

        subsidiary has the same meaning as in the Companies (Western Australia) Code ;

        the appointed day means the day of coming into operation of section 5;

        transferred employee means an employee of WA Trustees who becomes an employee of Perpetual Trustees by virtue of this Act;

        undertaking in relation to WA Trustees means —

            (a)         all property of WA Trustees (apart from excluded assets);

            (b)         all rights and liabilities of WA Trustees (apart from rights and liabilities relating to excluded assets); and

            (c)         all appointments;

        WA Trustees means West Australian Trustees Limited.