Western Australian Numbered Acts Western Australian Numbered Acts (1) On the
commencement day —
(a) the
assets and rights vested in the former Council immediately before the
commencement day that were concerned with, or related to, the management of
the unincorporated Pharmaceutical Society by that Council vest in the
incorporated Pharmaceutical Society by force of this section; and
(b) the
liabilities of the former Council (including a share of a liability) that
immediately before the commencement day were concerned with, or related to,
the management of the unincorporated Pharmaceutical Society by that Council
become the liabilities of the incorporated Pharmaceutical Society by force of
this section; and
(c) any
proceedings by or against the former Council commenced before the commencement
day in relation to the assets, rights and liabilities referred to in
paragraphs (a) and (b) are to be taken to be proceedings to which
the incorporated Pharmaceutical Society is a party; and
(d) any
proceedings or remedy that immediately before the commencement day might have
been commenced by or available against or to the former Council in relation to
the assets, rights and liabilities referred to in paragraphs (a)
and (b), may be commenced and are available, by or against or to the
incorporated Pharmaceutical Society; and
(e) any
act, matter or thing done or omitted to be done in relation to the assets,
rights and liabilities referred to in paragraphs (a) and (b) before
the commencement day by, to or in respect of the former Council (to the extent
that that act, matter or thing has any force or effect) is to be taken to have
been done or omitted by, to or in respect of the incorporated Pharmaceutical
Society.
(2) As soon as
practicable after the commencement day the new Board is to deliver to the
incorporated Pharmaceutical Society all registers, papers, documents, minutes,
receipts, books of account and other records (however compiled, recorded or
stored) relating to —
(a) the
assets, rights and liabilities referred to in subsection (1)(a)
and (b); and
(b)
proceedings referred to in subsection (1)(c).
(3) The Minister or a
person authorised by the Minister may, at the request of the National Agency,
the new Board or the incorporated Pharmaceutical Society, certify in writing
that a specified asset, right or liability of the former Council is, or is
not, an asset, right or liability that was concerned with, or related to, the
management of the unincorporated Pharmaceutical Society by the former Council
immediately before the Health Practitioner Regulation National Law (Western
Australia) section 295 has effect.
(4) For all purposes
and in all proceedings, a certificate under subsection (3) is prima facie
evidence of the matters it certifies.