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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Eastern Goldfields Transport Board Repeal
Bill 2007
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. The Act repealed 2
Part 2 -- Transitional and savings
provisions
3. Terms used in this Part 3
4. Interpretation Act to apply 3
5. Devolution of the Board's assets, rights and
liabilities 4
6. Agreements and instruments generally 4
7. Staff 5
8. Funds 5
9. Registration of documents 5
10. Saving 6
Part 3 -- Consequential amendments
11. Acts Amendment and Repeal (Competition Policy)
Act 2003 amended 7
12. Constitution Acts Amendment Act 1899 amended 7
13. Financial Management Act 2006 amended 7
14. Statutory Corporations (Liability of Directors)
Act 1996 amended 8
15. Transport Co-ordination Act 1966 amended 8
16. State Superannuation Regulations 2001 amended 8
Defined Terms
199--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Eastern Goldfields Transport Board Repeal
Bill 2007
A Bill for
An Act to --
· repeal the Eastern Goldfields Transport Board Act 1984; and
· amend certain other Acts as a consequence,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Eastern Goldfields Transport Board Repeal Bill 2007
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Eastern Goldfields Transport Board Repeal
Act 2007.
5 2. The Act repealed
The Eastern Goldfields Transport Board Act 1984 is repealed.
page 2
Eastern Goldfields Transport Board Repeal Bill 2007
Transitional and savings provisions Part 2
s. 3
Part 2 -- Transitional and savings provisions
3. Terms used in this Part
In this Part, unless the contrary intention appears --
"assets" means property of every kind whether tangible or
5 intangible, real or personal, or corporeal or incorporeal and
includes without limitation --
(a) choses in action; and
(b) goodwill; and
(c) rights, interests and claims of every kind in or to
10 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;
15 "Authority" means Public Transport Authority of Western
Australia established under the Public Transport Authority
Act 2003 section 5;
"Board" means The Eastern Goldfields Transport Board
formerly preserved and continued under the Eastern
20 Goldfields Transport Board Act 1984 section 4;
"commencement day" means the day on which this Act comes
into operation;
"liability" means any liability, duty or obligation whether
actual, contingent or prospective, liquidated or
25 unliquidated, or whether owed alone or jointly or jointly
and severally with any other person;
"right" means any right, power, privilege or immunity whether
actual, contingent or prospective.
4. Interpretation Act to apply
30 This Part does not limit the operation of the Interpretation
Act 1984 Part V.
page 3
Eastern Goldfields Transport Board Repeal Bill 2007
Part 2 Transitional and savings provisions
s. 5
5. Devolution of the Board's assets, rights and liabilities
(1) On the commencement day --
(a) the assets and rights of the Board immediately before
that day become assets and rights of the Authority by
5 force of this section; and
(b) the liabilities of the Board immediately before that day
become, by force of this section, liabilities of the
Authority.
(2) On and after the commencement day, any proceedings that
10 immediately before that day might have been brought or
continued by the Board may be brought or continued by the
Authority.
(3) On and after the commencement day, any remedy that
immediately before that day is available against or to the Board
15 is available against or to the Authority.
6. Agreements and instruments generally
(1) Any agreement or instrument subsisting immediately before the
commencement day --
(a) to which the Board is a party; or
20 (b) which contains a reference to the Board,
has effect on and after the commencement day as if --
(c) the Authority were substituted for the Board as a party
to the agreement or instrument; and
(d) any reference in the agreement or instrument to the
25 Board were (unless the context otherwise requires)
amended to be or include a reference to the Authority.
(2) Subsection (1) does not apply to the --
(a) Transport Workers (Eastern Goldfields Transport
Board) Award 1976; and
30 (b) Transport Workers (Eastern Goldfields Transport
Board) Agreement 2005; and
page 4
Eastern Goldfields Transport Board Repeal Bill 2007
Transitional and savings provisions Part 2
s. 7
(c) Engineering Trades (Government) Award 1967; and
(d) Engineering Trades (Government) General
Agreement 2004; and
(e) Government Officers Salaries Allowances and
5 Conditions Award 1989; and
(f) Government Officers Salaries Allowances and
Conditions General Agreement 2004.
7. Staff
(1) A person appointed or engaged by the Board immediately
10 before the commencement day is to be taken after the
commencement day to be employed or engaged by the
Authority.
(2) Except as otherwise agreed by a person referred to in
subsection (1), the remuneration, existing, accruing or accrued
15 rights, rights under a superannuation scheme and continuity of
service of a member of staff are not prejudiced or interrupted by
the operation of that subsection.
8. Funds
On or after the commencement day an account maintained
20 under the Eastern Goldfields Transport Board Act 1984
section 20(1), as in force immediately before the
commencement day, is to be closed by the chief executive
officer of the Authority and the moneys in the account credited
to the account referred to in the Public Transport Authority
25 Act 2003 section 32.
9. Registration of documents
The Registrar of Titles is to take notice of the provisions of this
Part and is to record and register in the appropriate manner the
necessary documents, and otherwise to give effect to this Part.
page 5
Eastern Goldfields Transport Board Repeal Bill 2007
Part 2 Transitional and savings provisions
s. 10
10. Saving
The operation of any provision of this Part is not to be
regarded --
(a) as a breach of contract or confidence or otherwise as a
5 civil wrong; or
(b) as a breach of any contractual provision prohibiting,
restricting or regulating the assignment or transfer of
assets, rights or liabilities or the disclosure of
information; or
10 (c) as giving rise to any remedy by a party to an instrument
or as causing or permitting the termination of any
instrument, because of a change in the beneficial or legal
ownership of any asset, right or liability; or
(d) as causing any contract or instrument to be void or
15 otherwise unenforceable; or
(e) as releasing or allowing the release of any surety.
page 6
Eastern Goldfields Transport Board Repeal Bill 2007
Consequential amendments Part 3
s. 11
Part 3 -- Consequential amendments
11. Acts Amendment and Repeal (Competition Policy) Act 2003
amended
(1) The amendment in this section is to the Acts Amendment and
5 Repeal (Competition Policy) Act 2003*.
[* Act No. 70 of 2003.]
(2) Part 6 is repealed.
12. Constitution Acts Amendment Act 1899 amended
(1) The amendment in this section is to the Constitution Acts
10 Amendment Act 1899*.
[* Reprint 14 as at 21 April 2006.
For subsequent amendments see Western Australian
Legislation Information Tables for 2006, Table 1, and
Acts Nos. 29 and 32 of 2005 and 64 and 77 of 2006.]
15 (2) Schedule V Part 3 is amended by deleting "The Eastern
Goldfields Transport Board preserved and continued under the
Eastern Goldfields Transport Board Act 1984.".
13. Financial Management Act 2006 amended
(1) The amendment in this section is to the Financial Management
20 Act 2006*.
[* Act No. 76 of 2006.
For subsequent amendments see Act No. 77 of 2006.]
(2) Schedule 1 is amended by deleting "The Eastern Goldfields
Transport Board".
page 7
Eastern Goldfields Transport Board Repeal Bill 2007
Part 3 Consequential amendments
s. 14
14. Statutory Corporations (Liability of Directors) Act 1996
amended
(1) The amendment in this section is to the Statutory Corporations
(Liability of Directors) Act 1996*.
5 [* Reprint 4 as at 9 February 2007.]
(2) Schedule 1 is amended by deleting the entry relating to the
"Eastern Goldfields Transport Board".
15. Transport Co-ordination Act 1966 amended
(1) The amendment in this section is to the Transport
10 Co-ordination Act 1966*.
[* Reprint 8 as at 5 August 2005.
For subsequent amendments see Western Australian
Legislation Information Tables for 2006, Table 1, and
Act No. 77 of 2006.]
15 (2) Section 15B(2)(j) is amended by deleting "the Eastern
Goldfields Transport Board Act 1984 and".
16. State Superannuation Regulations 2001 amended
(1) The amendment in this section is to the State Superannuation
Regulations 2001*.
20 [* Reprint 2 as at 2 September 2005.
For subsequent amendments see Western Australian
Legislation Information Tables for 2006, Table 4.]
(2) Schedule 1 Division 2 item 17 is deleted.
page 8
Eastern Goldfields Transport Board Repeal Bill 2007
Defined Terms
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)
assets ............................................................................................................... 3
Authority.......................................................................................................... 3
Board............................................................................................................... 3
commencement day.......................................................................................... 3
liability ............................................................................................................ 3
right ................................................................................................................. 3
page 9
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