Western Australian Consolidated Acts

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GOLD CORPORATION ACT 1987 - SECT 48

48 .         Constitution of GoldCorp Australia as a body corporate

        (1)         There is hereby established a body corporate to be called GoldCorp Australia (in this Act referred to as GoldCorp).

        (2)         GoldCorp — 

            (a)         under its corporate name has perpetual succession and a common seal;

            (b)         is capable of suing or 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.

        (3)         GoldCorp is a subsidiary of Gold Corporation.

        (4)         GoldCorp 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.

        (5)         Notwithstanding any exemption or immunity that may otherwise exist, GoldCorp 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.

        (6)         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, GoldCorp, that is used or reserved exclusively for the purpose of providing works, undertakings or facilities necessary to the performance of the functions of GoldCorp.

        (7)         GoldCorp 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 (6), GoldCorp would have been liable to pay in respect of that financial year.

        (8)         Amounts payable under subsection (7) —

            (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.

        [Section 48 amended by No. 10 of 1990 s. 6; No. 20 of 2003 s. 26; No. 70 of 2003 s. 34; No. 77 of 2006 s. 4; No. 12 of 2008 s. 52.]



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