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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Perth International Centre for Application of
Solar Energy Amendment Bill 2003
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 3 amended 2
5. Part 1A inserted 3
6. Sections 5, 6, 7 and 8 repealed 3
7. Section 9 amended 3
8. Section 10 repealed 4
9. Part 2 Division 3 repealed 4
10. Section 19 amended 4
11. Section 21 repealed 4
12. Section 24 amended 4
13. Section 29 amended 4
14. Section 30 amended 5
15. Section 31 amended 5
16. Section 32 amended 6
17. Section 33 amended 6
18. Sections 34 and 35 repealed 6
19. Part 6 inserted 6
20. Schedules 1 and 2 repealed 12
21. Transitional and savings provisions 12
22. Constitution Acts Amendment Act 1899 amended 12
23. Financial Administration and Audit Act 1985
amended 13
24. Freedom of Information Act 1992 amended 13
182--1 page i
Perth International Centre for Application of Solar Energy Amendment
Bill 2003
Contents
Schedule 1 -- Transitional and savings
provisions
Division 1 -- Preliminary
1. Meaning of terms used in this Schedule 14
2. Interpretation Act to apply 15
Division 2 -- Provisions that apply on the
commencement day
3. The Board 15
4. Managing Director 15
5. The International Advisory Council 15
Division 3 -- Provisions that apply in relation to the
abolition of the Centre
6. Devolution of Centre's assets, liabilities etc. 16
7. Agreements and instruments generally 16
8. References to the Centre in written law 16
9. Funds 17
10. Final report on abolition of the Centre 17
11. Immunity continues 17
12. Registration of documents 18
13. Saving 18
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Perth International Centre for Application of
Solar Energy Amendment Bill 2003
A Bill for
An Act to --
· amend the Perth International Centre for Application of Solar
Energy Act 1994, and provide for the phasing out and expiry of
that Act;
· amend certain other Acts as a consequence,
and for related purposes.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Perth International Centre for
Application of Solar Energy Amendment Act 2003.
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Perth International Centre for Application of Solar Energy Amendment
Bill 2003
s. 2
2. Commencement
(1) Section 1 and this section come into operation on the day on
which this Act receives the Royal Assent.
(2) This Act, other than the provisions referred to in subsections (1)
5 and (3), comes into operation on a day fixed by proclamation.
(3) Sections 22 to 24 come into operation immediately after the
Perth International Centre for Application of Solar Energy
Act 1994 expires.
3. The Act amended
10 The amendments in this Act are to the Perth International
Centre for Application of Solar Energy Act 1994*, unless
otherwise indicated.
[* Act No. 36 of 1994.
For subsequent amendments see 2001 Index to Legislation of
15 Western Australia, Table 1, p. 277 and Act No. 3 of 2002.]
4. Section 3 amended
Section 3 is amended as follows:
(a) by inserting the following definition in the appropriate
alphabetical position --
20 "
"administrator" means the person holding office
under section 35 as the administrator of the affairs
of the Centre;
";
25 (b) by deleting the definitions of "Advisory Council",
"alternate director", "appointed director", "Board",
"chairperson", "committee", "Commonwealth
Minister", "director", "international development
organization", "Managing Director", "multilateral
30 development agency" and "Murdoch University";
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Perth International Centre for Application of Solar Energy Amendment
Bill 2003
s. 5
(c) by deleting the definition of "representative of the
Centre" and inserting the following definition instead --
"
"representative of the Centre" means the
5 administrator or an outside assistant;
".
5. Part 1A inserted
After section 3 the following Part is inserted --
"
10 Part 1A -- Expiry of Act
3A. Expiry of Act
This Act expires at the end of the day fixed by the
Minister by an Order published in the Gazette.
".
15 6. Sections 5, 6, 7 and 8 repealed
Sections 5, 6, 7, and 8 are repealed.
7. Section 9 amended
(1) Section 9(1) is amended by deleting "Managing Director" and
inserting instead --
20 " administrator ".
(2) Section 9(2) is amended by deleting "Managing Director" and
inserting instead --
" administrator ".
(3) Section 9(3) is amended by deleting "Managing Director" and
25 inserting instead --
" administrator ".
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Perth International Centre for Application of Solar Energy Amendment
Bill 2003
s. 8
8. Section 10 repealed
Section 10 is repealed.
9. Part 2 Division 3 repealed
Part 2 Division 3 is repealed.
5 10. Section 19 amended
Section 19(2) is amended as follows:
(a) by inserting after paragraph (b) --
" and ";
(b) by deleting the semicolon in paragraph (c) and "and"
10 after it and inserting a full stop;
(c) by deleting paragraph (d).
11. Section 21 repealed
Section 21 is repealed.
12. Section 24 amended
15 Section 24(3)(c) is deleted and "and" after it and the following
is inserted instead --
"
(c) the remuneration, if any, determined under
section 35(7); and
20 ".
13. Section 29 amended
(1) Section 29 is amended by inserting before "Subject to" the
subsection designation "(1)".
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Perth International Centre for Application of Solar Energy Amendment
Bill 2003
s. 14
(2) At the end of section 29 the following subsection is inserted --
"
(2) For the purposes of the Financial Administration and
Audit Act 1985 the administrator is the accountable
5 authority of the Centre.
".
14. Section 30 amended
(1) Section 30(2)(b) is deleted and the following paragraph is
inserted instead --
10 "
(b) it is signed on behalf of the Centre by the
administrator.
".
(2) Section 30(3) is amended by deleting "Board" and inserting
15 instead --
" administrator ".
(3) Section 30(4) is amended by deleting "Board" and inserting
instead --
" administrator ".
20 (4) Section 30(5) is repealed.
15. Section 31 amended
Section 31(2) is repealed and the following subsection is
inserted instead --
"
25 (2) Subsection (1) does not relieve the Centre of any
liability that, but for that subsection, it might have for
the acts or omissions of a representative of the Centre.
".
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Perth International Centre for Application of Solar Energy Amendment
Bill 2003
s. 16
16. Section 32 amended
Section 32 is amended by deleting "Board" and inserting
instead --
" Minister ".
5 17. Section 33 amended
After section 33(1) the following subsections are inserted --
"
(1a) The Governor may make regulations prescribing
matters that are necessary or convenient to be
10 prescribed for the purpose of the winding-up of the
affairs of the Centre in preparation for this Act to
expire under section 3A.
(1b) Regulations providing for the winding-up referred to in
subsection (1a) may make provision for any matter --
15 (a) provided for by the Corporations Act 2001 of
the Commonwealth relating to the liquidation
of corporations; and
(b) not inconsistent with Part 6.
".
20 18. Sections 34 and 35 repealed
Sections 34 and 35 are repealed.
19. Part 6 inserted
After section 33 the following Part is inserted --
"
25 Part 6 -- Winding-up affairs of the Centre
34. Interpretation
In this Part, unless the contrary intention appears --
"appointed day" means the day on which section 19
of the Perth International Centre for Application
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Perth International Centre for Application of Solar Energy Amendment
Bill 2003
s. 19
of Solar Energy Amendment Act 2003 comes into
operation;
"assets", in relation to the Centre, means property of
every kind whether tangible or intangible, real or
5 personal, corporeal or incorporeal and includes
without limitation --
(a) choses in action;
(b) goodwill; and
(c) rights, interests and claims of every kind in
10 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;
15 "liability" means any liability, duty or obligation
whether actual, contingent or prospective,
liquidated or unliquidated, or whether owed alone
or jointly or jointly and severally with any other
person;
20 "right" means any right, power, privilege or immunity
whether actual, contingent or prospective.
35. Administrator of affairs of the Centre
(1) The Minister is on the appointed day, or as soon as
practicable thereafter, to appoint a person to be the
25 administrator of the affairs of the Centre.
(2) The administrator holds office at the pleasure of the
Minister and on such terms and conditions as the
Minister determines.
(3) Subject to this section, the administrator --
30 (a) is the governing body of the Centre;
(b) has all the functions and powers of the Centre
for the purpose of winding-up of the affairs of
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Perth International Centre for Application of Solar Energy Amendment
Bill 2003
s. 19
the Centre in preparation for the Act to expire
under section 3A;
(c) may engage under a contract for services or
other arrangement such consultants and
5 professional or technical or other assistance as
he or she considers necessary to carry out the
orderly winding-up of the affairs of the Centre;
and
(d) has such additional powers and functions as are
10 necessary or desirable for the purpose of that
winding-up.
(4) Without limiting the generality of subsection (3), the
administrator may for the purpose referred to in that
subsection --
15 (a) on behalf of the Centre and with the consent in
writing of the Minister --
(i) compound or compromise any claim or
demand made, or any debt or sum of
money owing, to or by the Centre;
20 (ii) make any compromise or arrangement
with creditors or persons claiming to be
creditors or having or alleging
themselves to have any claim (present
or future, certain or contingent,
25 ascertained or sounding only in
damages) against the Centre or whereby
the Centre may be rendered liable;
(iii) compromise any debts, liabilities
capable of resulting in debts and any
30 claims (present or future, certain or
contingent, ascertained or sounding only
in damages) subsisting or supposed to
subsist between the Centre and a debtor
or person apprehending liability to the
35 Centre, and all questions in any way
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Perth International Centre for Application of Solar Energy Amendment
Bill 2003
s. 19
relating to or affecting the assets or the
winding-up of the affairs of the Centre,
on such terms as are agreed, and take
any security for the discharge of, and
5 give a complete discharge in respect of,
any such debt, liability or claim; or
(iv) sell or otherwise dispose of, in any
manner, all or any part of the assets of
the Centre;
10 (b) do all acts and execute in the name and on
behalf of the Centre all deeds, receipts and
other documents and for that purpose use when
necessary the common seal of the Centre in
accordance with section 30;
15 (c) subject to the Bankruptcy Act 1966 of the
Commonwealth, prove on behalf of the Centre
in the bankruptcy of any debtor of the Centre or
under any deed executed under that Act; or
(d) take out letters of administration of the estate of
20 a deceased debtor, and do any other act
necessary for obtaining payment of any moneys
due from a debtor, or a debtor's estate, that
cannot be conveniently done in the name of the
Centre.
25 (5) The administrator may, either generally or as otherwise
provided by the instrument of delegation, by writing
signed by him or her delegate to any person of whose
services the Centre makes use under section 11 any of
his or her powers or duties under this Act, other than
30 this power of delegation.
(6) The administrator must comply with any direction
given to him or her by the Minister --
(a) in relation to the performance of any function,
or the exercise of any power, by the
35 administrator; and
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Perth International Centre for Application of Solar Energy Amendment
Bill 2003
s. 19
(b) for the purpose referred to in subsection (3)(b).
(7) The administrator is entitled to such remuneration, if
any, as is determined by the Minister.
36. Steps to be taken in winding-up of affairs of the
5 Centre
(1) The Centre shall, on and after the appointed day, cease
to perform its functions and exercise its powers except
so far as, in the opinion of the administrator, is required
for the purpose referred to in section 35(3)(b).
10 (2) The administrator shall, for the purpose referred to in
section 35(3)(b), collect and take into his or her
custody or under his or her control all the assets of the
Centre, and apply those assets in the discharge of all
the liabilities of the Centre, and take such other steps as
15 are necessary or desirable for that purpose.
(3) For the purpose of applying the assets of the Centre in
the discharge of all its liabilities, the administrator shall
as soon as is practicable after the appointed day --
(a) by notice published in the Gazette invite all
20 creditors of the Centre; and
(b) if the administrator knows or suspects that any
persons are creditors of the Centre, on or before
the date of the publication referred to in
paragraph (a) serve on those persons invitations
25 in writing,
to submit to him or her proof of their debts and claims
within such period of not less than 21 days after the
day of publication of the notice referred to in
paragraph (a) as is specified in that notice.
30 (4) The administrator shall --
(a) compile a list of all proofs, submitted to him or
her within the period referred to in
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Perth International Centre for Application of Solar Energy Amendment
Bill 2003
s. 19
subsection (3) in response to the notice
published, or any invitation served, under that
subsection; and
(b) admit or reject, wholly or in part, each proof
5 appearing on the list compiled under this
subsection.
(5) Before admitting or rejecting a proof, wholly or in part,
the administrator shall in writing served on the creditor
concerned require that creditor to furnish the
10 administrator with such further evidence in support of
the relevant debt or claim as is specified in that
requirement within such period of not less than 14 days
from the date of that service as is so specified.
(6) The Centre is not liable in respect of a debt or claim
15 proof of which --
(a) subject to any decision made by the Supreme
Court under section 38, is rejected under
subsection (4);
(b) is not submitted to the administrator within the
20 period referred to in subsection (3).
(7) All debts payable on a contingency and all claims
against the Centre (present or future, certain or
contingent, ascertained or sounding only in damages)
are admissible to proof against the Centre, a just
25 estimate being made by the administrator so far as
possible of the value of such debts or claims as are
subject to any contingency or sound only in damages or
for some other reason do not bear a certain value.
(8) The amount of a debt of the Centre (including a debt
30 that is for or includes interest) is to be computed for the
purposes of this Part as at the appointed day.
(9) All debts or claims proved under this section --
(a) rank equally; and
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Perth International Centre for Application of Solar Energy Amendment
Bill 2003
s. 20
(b) if the assets of the Centre are insufficient to
meet them in full, shall be paid proportionately.
37. Administrator to notify date of completion of duties
The administrator shall, when he or she has completed
5 the performance of the duties imposed by sections 35
and 36, notify the Minister in writing of the day on
which that completion took place.
38. Appeals from acts, omissions or decisions of
administrator
10 (1) A person aggrieved by any act, omission or decision of
the administrator may appeal to the Supreme Court in
respect of that act, omission or decision.
(2) The Supreme Court may confirm, reverse or modify
that act or decision, or remedy that omission, as the
15 case requires, and make such orders, including orders
in respect of costs, and give such directions as it thinks
fit.
".
20. Schedules 1 and 2 repealed
20 Schedules 1 and 2 are repealed.
21. Transitional and savings provisions
Schedule 1 has effect with respect to transitional and savings
provisions.
22. Constitution Acts Amendment Act 1899 amended
25 (1) The amendment in this section is to the Constitution Acts
Amendment Act 1899*.
[* Reprinted as at 8 June 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 72 and Acts Nos. 24 and 25 of
30 2001, 5, 20 and 30 of 2002.]
page 12
Perth International Centre for Application of Solar Energy Amendment
Bill 2003
s. 23
(2) Schedule V Part 3 is amended by deleting "The board of
directors of the Perth International Centre for Application of
Solar Energy established under the Perth International Centre
for Application of Solar Energy Act 1994.".
5 23. Financial Administration and Audit Act 1985 amended
(1) The amendment in this section is to the Financial
Administration and Audit Act 1985*.
[* Reprinted as at 16 September 2002.
For subsequent amendments see Acts Nos. 30 and 38 of
10 2002.]
(2) Schedule 1 is amended by deleting "Perth International Centre
for Application of Solar Energy".
24. Freedom of Information Act 1992 amended
(1) The amendment in this section is to the Freedom of Information
15 Act 1992*.
[* Reprinted as at 3 March 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 144 and Act No. 21 of 2002.]
(2) Schedule 2 is amended by deleting "The Perth International
20 Centre for Application of Solar Energy.".
page 13
Perth International Centre for Application of Solar Energy Amendment
Bill 2003
Schedule 1 Transitional and savings provisions
Schedule 1 -- Transitional and savings provisions
[s. 21]
Division 1 -- Preliminary
1. Meaning of terms used in this Schedule
5 In this Schedule, unless the contrary intention appears --
"administrator" has the meaning given to that term by section 3 of
the Perth International Centre for Application of Solar Energy
Act 1994 after its amendment by the Perth International Centre
for Application of Solar Energy Amendment Act 2003;
10 "assets" means property of every kind whether tangible or intangible,
real or personal, corporeal or incorporeal and includes without
limitation --
(a) choses in action;
(b) goodwill; and
15 (c) 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;
"Board" means the Board of Directors of the Perth International
20 Centre for Application of Solar Energy as constituted under the
Act immediately before the commencement day;
"Centre" means the Perth International Centre for Application of
Solar Energy;
"commencement day" means the day on which section 21 of the
25 Perth International Centre for Application of Solar Energy
Amendment Act 2003 comes into operation;
"expiry day" means the day at the end of which the Perth
International Centre for Application of Solar Energy Act 1994
expires under section 3A of that Act;
30 "liability" means any liability, duty or obligation whether actual,
contingent or prospective, liquidated or unliquidated, or whether
owed alone or jointly or jointly and severally with any other
person;
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Perth International Centre for Application of Solar Energy Amendment
Bill 2003
Transitional and savings provisions Schedule 1
"Minister" means the Minister responsible for the administration of
the Energy Coordination Act 1994;
"right" means any right, power, privilege or immunity whether
actual, contingent or prospective;
5 "the Act" means the Perth International Centre for Application of
Solar Energy Act 1994 as in force immediately before the
commencement day.
2. Interpretation Act to apply
This Schedule does not limit the operation of the Interpretation
10 Act 1984.
Division 2 -- Provisions that apply on the commencement day
3. The Board
(1) On the commencement day the Board is dissolved and its members go
out of office.
15 (2) A reference to the Board in a written law in force or a document in
existence immediately before the commencement day is, unless
because of the context it would be inappropriate to do so, to be read as
a reference to the administrator.
4. Managing Director
20 On the commencement day the person holding the office of Managing
Director under the Act immediately before the commencement day
ceases to hold that office.
5. The International Advisory Council
On the commencement day the International Advisory Council
25 established under Part 2 Division 3 of the Act ceases to exist and its
members go out of office.
page 15
Perth International Centre for Application of Solar Energy Amendment
Bill 2003
Schedule 1 Transitional and savings provisions
Division 3 -- Provisions that apply in relation to the
abolition of the Centre
6. Devolution of Centre's assets, liabilities etc.
On and after the expiry day --
5 (a) the assets and rights of the Centre that were immediately
before that day vested in that body vest in the State by force
of this clause;
(b) the liabilities of the Centre immediately before that day
become, by force of this clause, the liabilities of the State;
10 (c) any proceedings or remedy that immediately before that day
might have been brought or continued by or available against
or to the Centre, may be brought or continued and are
available, by or against or to the State; and
(d) all records and data of the Centre pass to the Minister.
15 7. Agreements and instruments generally
Any agreement or instrument subsisting immediately before the
expiry day --
(a) to which the Centre is a party; or
(b) which contains a reference to the Centre,
20 has effect after the expiry day as if --
(c) the State were substituted for the Centre as a party to the
agreement or instrument; and
(d) any reference in the agreement or instrument to the Centre
were (unless the context otherwise requires) amended to be or
25 include a reference to the State.
8. References to the Centre in written law
A reference to the Centre in an enactment in force immediately before
the expiry day may, where the context so requires, be read as if it had
been amended to be a reference to the State.
page 16
Perth International Centre for Application of Solar Energy Amendment
Bill 2003
Transitional and savings provisions Schedule 1
9. Funds
On the expiry day the account referred to in section 24(2) of the Perth
International Centre for Application of Solar Energy Act 1994 is to be
closed and the moneys in the account credited to the Consolidated
5 Fund.
10. Final report on abolition of the Centre
(1) In this clause --
"FAA Act" means the Financial Administration and Audit Act 1985;
"the Act" means the Perth International Centre for Application of
10 Solar Energy Act 1994.
(2) Section 65A of the FAA Act applies in relation to the preparation and
submission of a final report in respect of the Centre for the period
starting from the expiry of the last financial year of the Centre to have
expired before the expiry of the Act and ending with the expiry of the
15 Act, as if --
(a) references in that section to a department were references to
the Centre; and
(b) references in that section to provisions of sections 62 to 65 of
the FAA Act were references to the equivalent provisions of
20 sections 66 to 70 of the FAA Act.
(3) If, when the Act expires, any duties imposed by Part II Division 14 of
the FAA Act on the accountable authority of the Centre have not been
complied with in relation to the Centre for any financial year that
expired before the expiry of the Act, those duties are to be performed
25 by the person identified in subclause (4) as if that person were the
accountable authority.
(4) The duties referred to in subclause (3) are to be performed by the
reporting officer appointed under section 65A(2) of the FAA Act as
applied by subclause (2).
30 11. Immunity continues
Despite the expiry of the Perth International Centre for Application of
Solar Energy Act 1994, where the Centre had the benefit of any
immunity in respect of an act, matter or thing done or omitted before
the expiry day, that immunity continues in that respect for the benefit
35 of the State.
page 17
Perth International Centre for Application of Solar Energy Amendment
Bill 2003
Schedule 1 Transitional and savings provisions
12. Registration of documents
The Registrar of Titles is to take notice of the provisions of this
Schedule and is empowered to record and register in the appropriate
manner the necessary documents, and otherwise to give effect to this
5 Schedule.
13. Saving
The operation of any provision of this Schedule is not to be
regarded --
(a) as a breach of contract or confidence or otherwise as a civil
10 wrong;
(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;
(c) as giving rise to any remedy by a party to an instrument or as
15 causing or permitting the termination of any instrument,
because of a change in the beneficial or legal ownership of
any asset, right or liability;
(d) as causing any contract or instrument to be void or otherwise
unenforceable; or
20 (e) as releasing or allowing the release of any surety.
page 18
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