Western Australian Numbered Acts Western Australian Numbered Acts (1) At the
commencement time —
(a)
every asset is, by operation of this section, assigned to the Authority;
(b)
every liability is, by operation of this section, assigned to and becomes a
liability of the Authority; and
(c) the
Authority is, by operation of this section, substituted for a former body as a
party to any proceedings.
(2) Any agreement or
instrument has effect, by operation of this section, as if a reference to the
Authority were, at the commencement time, substituted for a reference to the
former body in the agreement or instrument, unless in the context it would be
inappropriate to make the substitution.
(3) Any proceedings or
remedy that might have been commenced by, or available against or to, a
former body in relation to an asset or liability assigned by
subsection (1) may be commenced by, or are available against or to, the
Authority.
(4) Anything relating
to an asset or liability assigned by subsection (1) that was done or
omitted to be done by, to, or in respect of, a former body before the
assignment and is of any effect is to be taken to have been done or omitted
by, to, or in respect of, the Authority.
(5) Crown land that,
immediately before the commencement time, was vested in the
Minister for Western Australian Government Railways by the Government
Railways Act 1904 section 4(1) is to be regarded as if it had, at
that time —
(a) been
reserved under the Land Administration Act 1997 section 41 for the
purposes of performing the Authority’s functions under this Act or the
Government Railways Act 1904 ; and
(b)
under the Land Administration Act 1997 section 46, been placed under
the care, control, and management of the Authority for those purposes.
(6) Government
railways, other than Crown land, that, immediately before the
commencement time, were vested in the Minister for Western Australian
Government Railways by the Government Railways Act 1904
section 4(1) become at that time the property of the Authority.
(7) The reference in
subsection (6) to Government railways other than Crown land includes a
reference to anything that is on Crown land.
(8)
Subsections (5) and (6) do not limit the assignment by
subsection (1) to the Authority of any asset belonging immediately before
the commencement time to a former body.