Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
private entity means a person other than any of
the following —
(a)
RWWA;
(b) a
statutory corporation;
(c) a
corporate vehicle;
(d) the
State;
statutory corporation means —
(a) a
Minister or chief executive officer who is constituted, or continued in
existence, as a body corporate under an Act; or
(b) any
other body corporate that is constituted, or continued in existence, under an
Act.
(2) For the purposes
of a section 8 disposal, the Minister may, by order published in the
Gazette (a transfer order ), specify all or any of the following —
(a) a
time (which must be after the day on which the order is published in the
Gazette ) that is the transfer time under the transfer order;
(b) any
asset or liability that, by operation of section 17, is to be transferred
from RWWA, a corporate vehicle or the State as specified in the order (the
transferor ) to a corporate vehicle or a private entity as specified in the
order (the transferee );
(c)
proceedings in which, by operation of section 17, the transferee is to be
substituted for the transferor as a party;
(d) any
agreement or instrument relating to anything transferred that, by operation of
section 17, is to have effect as if, unless otherwise expressly specified
in the order, references to the transferee were substituted for references to
the transferor in the agreement or instrument.
(3) If the transfer
time is specified by reference to when a thing is done, the Minister must
ensure that notice of the time when the thing is done is published in the
Gazette .
(4) A transfer order
may specify persons or things by reference to schedules that —
(a) need
not be published in the Gazette ; but
(b) must
be available for public inspection on business days at the place and between
the times specified in the transfer order for 6 months after the day on
which the transfer order is published in the Gazette .
(5) For the purposes
of subsection (4)(b), a business day is a day other than a Saturday,
Sunday or public holiday.
(6) A person or thing
specified in a schedule for a transfer order is taken to be specified in the
transfer order.
(7) A person or thing
may be specified in a transfer order by describing the person or thing as a
member of a class.
(8) Before a transfer
order is made specifying anything by reference to a schedule, the Minister
must consult each relevant official to whom a copy of the schedule must be
given under section 21(2) about the form and content of the schedule for
the purpose of facilitating the recording and registration of instruments or
documents as required by section 21(3)(b).
(9) The Minister may,
by order published in the Gazette , amend a transfer order or a schedule for a
transfer order, but only —
(a)
before the transfer time; and
(b) with
the consent of the transferee.