Western Australian Consolidated Acts

LAW SOCIETY PUBLIC PURPOSES TRUST ACT 1985 - NOTES

Notes

¹ This is a compilation of the Law Society Public Purposes Trust Act 1985 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Short title	Number and year		Assent		Commencement
Law Society Public Purposes Trust Act 1985	60 of 1985		28 Oct 1985		25 Nov 1985
Acts Amendment (Contributions to Legal Aid Funding) Act 1990 Pt. 2	86 of 1990		17 Dec 1990		1 Jul 1989 (see s. 2(1))
Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 s. 46	65 of 2003		4 Dec 2003		1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5722)
Reprint 1: The Law Society Public Purposes Trust Act 1985 as at 6 Feb 2004 (includes amendments listed above)
Legal Profession Act 2008 s. 673		21 of 2008		27 May 2008		1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511)

² Repealed by the Associations Incorporation Act 1987.

³ Section 5 expired 30 June 1994. It reads as follows:

“

5. Variation of the effect of the Trust Deed

(1) On and after the date of the coming into operation of section 5 of the Acts Amendment (Contributions to Legal Aid Funding) Act 1990 ¹ the Law Society, as trustee of the Trust Deed, shall hold, stand possessed of, and apply all moneys received from banks in accordance with arrangements made under section 3(1) — 

(a) without regard to the restriction as to expenditure in grants to persons whose primary object is the provision of legal aid, referred to in clause 4 of the Trust Deed; and

(b) as though the Allocations Committee had recommended, and the Attorney General had approved, that of the whole of the moneys received in any Accounting Period from banks, as representing interest on trust moneys held in trust accounts kept with the banks — 

(i) in respect of the Accounting Period ending 30 June 1990, $400 000; and

(ii) subject to subsection (2), thereafter 60%,

be paid and applied to the credit of the Legal Aid Commission established under section 6 of the Legal Aid Commission Act 1976 at such time or times as the Attorney General may determine,

but in all other respects upon the trusts declared by the Trust Deed.

(2) To the intent that $1 000 000 of the aggregate of the amounts accruing to the Trust Fund from all sources in an Accounting Period shall not be subject to any deduction under subsection (1)(b)(ii) — 

(a) where in any Accounting Period that aggregate does not exceed $1 000 000, effect shall not be given to subsection (1)(b)(ii); and

(b) where in an Accounting Period that aggregate exceeds $1 000 000, effect shall be given to subsection (1)(b)(ii) only to the extent that after the deduction the balance of that aggregate remaining shall not be less than $1 000 000.

(3) In this section, Accounting Period, Allocations Committee and Trust Deed have the meanings respectively ascribed to those terms in the Trust Deed.

(4) This section expires on 30 June 1994.

[Section 5 inserted by No. 86 of 1990 s. 5.]

”.