Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this section,
unless the contrary intention appears former Board means the Taxi Control
Board preserved and continued by section 6 of the repealed Act.
(2) On the
commencement day, by virtue of this section —
(a) the
holder of a taxi-car licence, including a private taxi-car licence, issued
under the repealed Act is deemed to be a plate holder under this Act;
(b) on
payment of a premium of $10 000 the holder of a temporary taxi-car
licence issued under the repealed Act is deemed to be a plate holder under
this Act;
(c)
number plates issued under section 37 of the repealed Act are deemed to
be taxi plates under this Act;
(d)
until conditions are imposed pursuant to section 20(3), any restrictions
or conditions to which a licence issued under the repealed Act was subject
shall be deemed to be conditions imposed under section 20(1);
(e) any
moneys payable to the former Board as, or on account of, a premium under
section 32 or an increase in premium under section 33(4), of the
repealed Act, and any fees or charges or other moneys payable to the former
Board under the repealed Act and outstanding on the commencement day become
payable to the Minister at the time, and in the manner, in which those moneys
would have been payable to the former Board under the repealed Act;
(f) all
assets of the former Board, except the Taxi Control Fund referred to in
section 41(2)(a), shall become assets of the Minister without the need
for any conveyance, transfer, assignment or assurance, and —
(i)
despite anything in the Stamp Act 1921 , no duty is
payable under that Act in respect of the passing of any of those assets; and
(ii)
the Registrar of Titles, the Registrar of Deeds, the
Minister administering the Land Act 1933 3 , and any other person
authorised by a written law to record and give effect to the registration of
documents relating to transactions affecting any estate or interest in land or
other property, are empowered to record and register in the appropriate manner
such of those documents as are necessary to give effect to this section;
(g) all
rights and liabilities of the former Board, including contingent liabilities,
become rights and liabilities of the Minister;
(h) any
agreement, instrument or policy of insurance to which the former Board is a
party has effect as if the Minister was substituted for the former Board as a
party to the agreement, instrument or policy;
(i)
all proceedings commenced before the commencement day by
or against the former Board are to be taken to be proceedings pending by or
against the Minister;
(j)
anything done or omitted to be done in relation to the assets, rights and
liabilities referred to in paragraphs (f) and (g) before the commencement
day by, to or in respect of the former Board (to the extent that that thing
has any force or effect) is to be taken to have been done or omitted to be
done by, to or in respect of the Minister; and
(k) the
Minister becomes the owner of all registers, documents, books and other
records (however compiled, recorded or stored) relating to the former Board
and the exercise of its functions under the repealed Act, and of any tape,
disc or other device or medium relating to such records.
(3) Any cancellation
or suspension of a taxi-car licence ordered or made under the repealed Act
shall continue and have effect for as long as it would have done under the
repealed Act and for the purposes of dealing with that licence or registration
the Minister has and may exercise the powers of the former Board under the
repealed Act.
(4) Subject to
subsection (5) the appointment of a person who, immediately before the
commencement day, held office as a member of the former Board shall terminate
on the commencement day.
(5) Despite
section 46, the former Board as constituted immediately before the
commencement day shall continue in existence for the purpose of preparing, as
soon as practicable after the commencement day, a report on its operations in
respect of the period commencing on 1 July 1994 and ending on the
commencement day.
(6) A report prepared
under subsection (5) shall comply, with any necessary modifications, with
the provisions of the Financial Administration and Audit Act 1985
regulating the financial administration, audit and reporting of statutory
authorities and shall be deemed to be an annual report for the purposes of
section 69 of that Act.
[Section 47 amended by No. 72 of 2003
s. 18.]
[Part 6 omitted under the Reprints Act 1984 s. 7(4)(e).]
[Schedule 1 omitted under the Reprints Act 1984
s. 7(4)(e).]