Western Australian Consolidated Acts

LITTER ACT 1979 - SECT 37

37 .         Property, proceedings, etc.

        (1)         All real and personal property and every right and interest therein that immediately before the date of the coming into operation of this Part was vested in the Association —

            (a)         shall vest in and belong to the Council for the purposes of this Act; and

            (b)         shall be held by it subject to the conditions or trusts on which it was held immediately before that date.

        (2)         All rights accruing or accrued to the Association in respect of any property vested in the Council by virtue of this section —

            (a)         are vested in the Council; and

            (b)         may be enforced against the Council.

        (3)         All contracts, agreements and undertakings made by the Association and existing immediately before the date of the coming into operation of this Part, have effect as contracts, agreements and undertakings by and with the Council and may be enforced by and against the Council accordingly.

        (4)         Any legal or other proceedings that might but for this section, have been continued or commenced by or against the Association under its corporate name may be continued or commenced by or against the Council under its corporate name.