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ROTTNEST ISLAND AUTHORITY ACT 1987 - SCHEDULE 2

ROTTNEST ISLAND AUTHORITY ACT 1987 - SCHEDULE 2

[s. 50]

        [Heading amended: No. 19 of 2010 s. 4.]

1 .         Terms used

                In this Schedule —

        Board means the Rottnest Island Board appointed by the Governor under subsection (1) of section 3 of the Parks and Reserves Act 1895 and constituted a body corporate under subsection (4) of that section;

        commencement means the commencement of this Act.

2 .         Dissolution of Board

                The Board is dissolved.

3 .         Assets, liabilities etc., transfer of

        (1)         On the commencement —

            (a)         all rights, property and assets that were, immediately before the commencement, vested in, under the control of, or standing to the credit of the Board are, by force of this clause, vested in the Authority;

            (b)         the Authority becomes, by force of this clause, liable to pay, bear or discharge all the debts, liabilities and obligations of the Board that existed immediately before the commencement;

            (c)         the Authority shall take delivery of all papers, documents, minutes, receipts, books of account and other records (however compiled, recorded or stored) relating to the operations of the Board;

            (d)         any proceedings that immediately before the commencement might have been brought or continued by or against the Board may be brought or continued by or against the Authority;

            (e)         anything lawfully commenced by the Board may, so far as it is not contrary to this Act, be carried on and completed by the Authority.

        (2)         The liability of the Authority under subclause (1)(b) to discharge all obligations of the Board has effect notwithstanding section 12(2).

4 .         Agreements and instruments

                Any agreement or instrument subsisting immediately before the commencement to which the Board was a party or which contains a reference to the Board, has effect after the commencement as if —

            (a)         the Authority were substituted for the Board as a party to the agreement or instrument; and

            (b)         any reference in the agreement or instrument to the Board were (unless the context otherwise requires) a reference to the Authority.

5 .         References to Board in any law

                References to the Board in an enactment as in force immediately before the commencement shall, unless because of the context it would be inappropriate so to do, be read and construed as references to the Authority.

6 .         Staff not under Public Service Act 1978

                All persons who were employed by the Board immediately before the commencement, not being persons subject to the Public Service Act 1978 2 , are deemed to have been engaged by the Authority under section 26(2) on the same terms and conditions, including the salary payable, as those on which they were employed immediately before the commencement.

7 .         Rangers

                A person who immediately before the commencement was a ranger appointed by the Board under section 7 of the Parks and Reserves Act 1895 is deemed to have been designated as a ranger under section 28.

8 .         Annual reports for part of year

        (1)         The Board shall report as required by section 66 of the Financial Administration and Audit Act 1985 3 , but limited to the period from 1 July 1987 to the date of the commencement of this Act, and Division 14 of Part II of that Act shall apply as if that period were a financial year of the Board.

        (2)         Notwithstanding clause 2, the Board shall continue in existence for the purposes of subclause (1) and shall be entitled to receive from the Authority and its officers such assistance as it may require for that purpose.

        (3)         For the purposes of Division 14 of Part II of the Financial Administration and Audit Act 1985 3 , the period from the commencement of this Act to the succeeding 30 June shall be deemed to be a full financial year of the Authority.

[Schedule 3 omitted under the Reprints Act 1984 s. 7(4)(e).]



Notes

This is a compilation of the Rottnest Island Authority Act 1987 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Short title

Number and year

Assent

Commencement

Rottnest Island Authority Act 1987

91 of 1987

9 Dec 1987

s. 1 and 2: 9 Dec 1987;

Act other than s. 1 and 2: 30 May 1988 (see s. 2 and Gazette 30 May 1988 p. 1823)

Financial Administration Legislation Amendment Act 1993 s. 11

6 of 1993

27 Aug 1993

1 Jul 1993 (see s. 2(1))

Acts Amendment (Public Sector Management) Act 1994 s. 3(2)

32 of 1994

29 Jun 1994

1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)

Sentencing (Consequential Provisions) Act 1995 Pt. 72

78 of 1995

16 Jan 1996

4 Nov 1996 (see s. 2 and Gazette 25 Oct 1996 p. 5632)

Local Government (Consequential Amendments) Act 1996 s. 4

14 of 1996

28 Jun 1996

1 Jul 1996 (see s. 2(1))

Statutory Corporations (Liability of Directors) Act 1996 s. 3

41 of 1996

10 Oct 1996

1 Dec 1996 (see s. 2 and Gazette 12 Nov 1996 p. 6301)

Financial Legislation Amendment Act 1996 s. 60 and 64

49 of 1996

25 Oct 1996

25 Oct 1996 (see s. 2(1))

Statutes (Repeals and Minor Amendments) Act 1997 s. 107

57 of 1997

15 Dec 1997

15 Dec 1997 (see s. 2(1))

Reprint of the Rottnest Island Authority Act 1987 as at 4 Jan 2000 (includes amendments listed above)

Sentencing Legislation Amendment and Repeal Act 2003 s. 93

50 of 2003

9 Jul 2003

15 May 2004 (see s. 2 and Gazette 14 May 2004 p. 1445)

Statutes (Repeals and Minor Amendments) Act 2003 s. 106

74 of 2003

15 Dec 2003

15 Dec 2003 (see s. 2)

Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 80

84 of 2004

16 Dec 2004

2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53))

Financial Legislation Amendment and Repeal Act 2006 s. 4 and Sch. 1 cl. 152

77 of 2006

21 Dec 2006

1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)

Reprint 2: The Rottnest Island Authority Act 1987 as at 10 Oct 2008 (includes amendments listed above)

Acts Amendment (Bankruptcy) Act 2009 s. 77

18 of 2009

16 Sep 2009

17 Sep 2009 (see s. 2(b))

Standardisation of Formatting Act 2010 s. 4

19 of 2010

28 Jun 2010

11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)

Public Sector Reform Act 2010 s. 89

39 of 2010

1 Oct 2010

1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563)

Building Act 2011 s. 172

24 of 2011

11 Jul 2011

2 Apr 2012 (see s. 2(b) and Gazette 13 Mar 2012 p. 1033)

Public Health (Consequential Provisions) Act 2016 Pt. 3 Div. 24

19 of 2016

25 Jul 2016

24 Jan 2017 (see s. 2(1)(c) and Gazette 10 Jan 2017 p. 165)

Reprint 3: The Rottnest Island Authority Act 1987 as at 24 Aug 2012 (includes amendments listed above except the Public Health (Consequential Provisions) Act 2016 Pt. 3 Div. 24)

Uncommenced provisions table

To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.

Short title

Number and year

Assent

Commencement

Public Health (Consequential Provisions) Act 2016 Pt. 5 Div. 22

19 of 2016

25 Jul 2016

To be proclaimed (see s. 2(1)(c))

Other notes

1         Department of Land Administration plans and diagrams are now being held by the Western Australian Land Information Authority (see the Land Information Authority Act 2006 s. 100).

2         Repealed by the Public Sector Management Act 1994 s. 110.

3         Repealed by the Financial Legislation Amendment and Repeal Act 2006 s. 3.



Defined terms



[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term         Provision(s)

Account         3

Authority         3

Board         Sch. 2 cl. 1

chairman         3

chief executive officer         3

Chief Health Officer         3

child         41(2)

commencement         Sch. 2 cl. 1

committee         3

deputy chairman         3

Island         3

member         3

officer         9(2)

ranger         3

responsible adult         41(2)

settlement area         14(3)

temporary member         3