Western Australian Consolidated Acts (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.]