Western Australian Consolidated Acts

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BANK OF WESTERN AUSTRALIA ACT 1995 - SCHEDULE 1

[Section 43(3) and (4)]

[Division 1 omitted under the Reprints Act 1984 s. 7(4)(e).]

Division 2 — Transitional provisions

11.         Definitions

                In this Division — 

        Bank has the meaning given by section 19;

        the 1990 Act means the Bank of Western Australia Act 1990  3 .

12.         Auditor General may disclose information

        (1)         Despite section 91 of the Financial Administration and Audit Act 1985, the Auditor General may disclose to another auditor or provide another auditor with access to, information in his or her possession or under his or her control for the purposes of the audit of the Bank’s accounts for the financial year during which the Bank is privatised under Part 2.

        (2)         In subsection (1) another auditor means an auditor, other than the Auditor General, who is appointed by the Bank to audit the Bank’s accounts for the financial year referred to in subclause (1).

13.         Payments under repealed section 31 up to day of privatisation

        (1)         The repeal of section 31 of the 1990 Act  10 does not affect the liability of the Bank under that section in respect of the period from the preceding 1 October to the day on which the Bank becomes liable to tax referred to in that section.

        (2)         For the purposes of subsection (1), section 31 has effect, despite its repeal, as if the period referred to in subsection (1) were a financial year.

14.         Agreements under section 33(4a)

                The repeal of section 33 of the 1990 Act  11 does not affect any agreement made under subsection (4a) of that section so far as it applies to a period after the repeal, and any such agreement continues in force as if it had been made under section 21(2) of this Act.

15.         Securities taken as agent of Crown

        (1)         Any security for the repayment of advances vested in the Bank immediately before the commencement of section 43 that was taken by the Bank or a predecessor of the Bank as agent, trustee or nominee of the Crown in right of the State is vested in the Treasurer on the commencement of that section.

        (2)         Any relevant official who records or registers documents under a written law is to take cognizance of subclause (1) and is authorised to make any entry or memorial or register any document necessary to show the effect of that subclause.

        (3)         A statement in an instrument executed by or on behalf of the Treasurer that any security has become vested in the Treasurer under subclause (1) is evidence of that fact.

        (4)         If any question arises as to whether a security comes within subclause (1) the question is to be determined by the Treasurer after consultation with the Bank.



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