Western Australian Consolidated Acts Western Australian Consolidated Acts[Section 55]
In this Schedule —
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
(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 King’s Park Board appointed
by the Governor under subsection (1) of section 3 of the Parks and
Reserves Act 1895 and constituted a body corporate under
subsection (4) of that section;
commencement means the commencement of this Act;
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;
right means any right, power, privilege or
immunity whether actual, contingent or prospective.
(1) The Board is dissolved.
(2) Sections 36,
37 and 38 of the Interpretation Act 1984 apply, in relation to the
dissolution of the Board, as if this Act were an Act repealing the
Parks and Reserves Act 1895 .
3. Devolution of assets, liabilities etc.
On the
commencement —
(a) the
assets and rights of the Board that were immediately before the commencement
vested in the Board vest in the Authority by force of this clause;
(b) the
liabilities of the Board immediately before the commencement become, by force
of this clause, the liabilities of the Authority;
(c) any
proceedings or remedy that immediately before the commencement might have been
brought or continued by or available against or to the Board, may be brought
or continued and are available, by or against or to the Authority;
(d) any
act, matter or thing done or omitted to be done before the commencement by, to
or in respect of the Board (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 Authority;
(e)
anything lawfully commenced by the Board may, so far as it is not contrary to
this Act, be carried on and completed by the Authority; and
(f) the
Authority is to take delivery of all papers, documents, minutes, books of
account and other records (however compiled, recorded or stored) relating to
the operations of the Board.
Any agreement or instrument
subsisting immediately before the commencement —
(a) to
which the Board was a party; or
(b)
which contains a reference to the Board,
has effect after the
commencement 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 Board were (unless the context
otherwise requires) amended to be or include a reference to the Authority.
5. References to Board in written law
A reference to the
Board in an enactment in force immediately before the commencement is to be
read (unless the context otherwise requires) as if it had been amended to be a
reference to the Authority.
(1) The person who
immediately before the commencement occupied the office of chief executive
officer of the Board is, after the commencement, the chief executive officer
of the Authority until the expiry of the term of his or her appointment.
(2) Subject to the
Public Sector Management Act 1994 , the employment of the chief executive
officer continues to be governed by the terms and conditions of service that
applied before the commencement.
(1) A person who
immediately before the commencement was appointed by the Board under
section 7 of the Parks and Reserves Act 1895 is to be taken after
the commencement to be engaged by the chief executive officer under
section 24(1).
(2) Except as
otherwise agreed by a person referred to in subclause (1), the operation
of that subclause does not —
(a)
affect the person’s pay, as that term is defined in regulation 3(1)
of the Public Sector Management (Redeployment and Redundancy) Regulations 1994
;
(b)
prejudice the person’s existing or accruing rights in respect of annual
leave, long service leave, sick leave or parental leave;
(c)
affect any rights under a superannuation scheme; or
(d)
interrupt continuity of service.
A person who
immediately before the commencement was a ranger appointed by the Board under
section 7 of the Parks and Reserves Act 1895 is to be taken after
the commencement to be designated as a park management officer under
section 26.
9. Annual reports for part of a year
(1) The Board is to
report as required by section 66 of the Financial Administration and
Audit Act 1985 , but limited to the period from 1 July preceding the
commencement to the commencement, and Division 14 of Part II of that Act
applies as if that period were a financial year of the Board.
(2) Despite
clause 2, the Board continues in existence for the purposes of
subclause (1) and is entitled to receive from the Authority and its staff
such assistance as it may require for that purpose.
(3) For the purposes
of Division 14 of Part II of the Financial Administration and Audit
Act 1985 , the period from the commencement to the succeeding
30 June is to be regarded as a full financial year of the Authority.
10. Existing leases not affected
Nothing in this Act is to be taken
to affect —
(a) the
length of the term of a lease in force on the commencement that was granted by
the Board under a power conferred by section 5 of the Parks and Reserves
Act 1895 or section 13(1) of the Reserves Act 1955 ; or
(b) the
other terms and conditions of any such lease, including any provision as to
renewal.
[Schedule 3 omitted under the Reprints Act 1984 s. 7(4)(e).]