Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The body corporate
constituted, pursuant to section 9(g) of the Perth Mint Amendment
Act 1986 , under section 7(6) of the repealed Act as the Western
Australian Mint, (being the successor of the Perth branch of the Royal Mint
and The Director of The Perth Mint) is preserved and continues in existence as
a body corporate for the purposes of this Act so that its corporate identity
and its rights and obligations are not affected by the repeal of the repealed
Act.
(2) The Western
Australian Mint is in this Act referred to as the Mint.
(3) The
Mint —
(a)
under its corporate name has perpetual succession and a common seal;
(b) is
capable of suing and being sued in its corporate name;
(c) has
the functions conferred or assigned by this Act; and
(d)
subject to this Act —
(i)
is capable of doing and suffering all such acts and
things as bodies corporate may lawfully do and suffer; and
(ii)
has the legal capacity, and the rights, the powers, and
the privileges of a natural person in so far as they are attributed to a
public company registered under the Corporations Act.
(4) The Mint is a
subsidiary of Gold Corporation.
(5) The Mint is an
agent of the Crown in right of the State and enjoys the status, immunities and
privileges of the Crown, except as otherwise prescribed.
(6) Notwithstanding
any exemption or immunity that may otherwise exist, the Mint shall be liable
for and shall pay all land tax, metropolitan region improvement tax, water
charges, pay-roll tax, duty under the Duties Act 2008 , and all other
taxes, fees and charges imposed by the Government, its instrumentalities or
agencies.
(7) No local
government rate or charge is to be imposed or levied on any land vested in, or
the care, control and management of which are placed with, the Mint, that is
used or reserved exclusively for the purpose of providing works, undertakings
or facilities necessary to the performance of the functions of the Mint.
(7a) The Mint is to
pay to the Treasurer for the benefit of the Consolidated Account in respect of
a financial year a sum equal to the amount of any local government rate or
charge that, but for subsection (7), the Mint would have been liable to
pay in respect of that financial year.
(7b) Amounts payable
under subsection (7a) —
(a) are
to be determined in accordance with the principles; and
(b) are
to be paid at the time or times,
that the Treasurer may
direct.
(8) Notwithstanding
subsection (1), the Mint may use and operate under the name of “The
Perth Mint” or under a trading name approved by the Minister
being —
(a) an
abbreviation or adaptation of its corporate name; or
(b) a
name other than its corporate name.
(9) Schedule 2,
which contains savings and transitional provisions concerning the Mint, has
effect.
[Section 35 amended by No. 10 of 1990
s. 6 and 24; No. 20 of 2003 s. 26; No. 70 of 2003 s. 32;
No. 77 of 2006 s. 4; No. 12 of 2008 s. 52.]